EFFECTIVE: 10 October 2018

Please read these Terms of Service carefully before using the Service offered by BEM. BY USING THE SERVICE IN ANY WAY, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN (“Terms of Service”, “These Terms”), which also incorporate by this reference BEM Privacy Policy and all other terms or policies that may be published from time to time on the Site. In addition, some portion of the Service may be subject to additional terms and conditions specified by BEM. Your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.

BEM reserves the right, at any time to modify or update any of the Terms of Service, said modification or update being effective upon its posting on the Site.

Your continued use of the Service shall be considered your acceptance to the revised Terms of Service. SHOULD YOU OBJECT TO ANY OF THE TERMS OF SERVICE OR ANY SUBSEQUENT MODIFICATIONS, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE THE USE OF THE SERVICE.

If any individual enters into these Terms on behalf of a company, organization or another legal entity (“Entity”), said individual agrees to these Terms of Service for that Entity and represents to BEM that he/she has the authority to legally bind such Entity and its Affiliates.

1. DEFINITIONS

When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms shall have the following meanings:

Account means any and all BEM accounts created or on behalf of by User.

BEM means BEM asbl, Place Ste Catherine 5, 1000 Brussels, Belgium, company number 0675.508.394.

BEM events: events exclusively organized by BEM, exhaustively listed on the webpage [URL]

Confidential Information means all information disclosed by User to BEM or by BEM to User which is in tangible form and labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of these Terms; or (d)  was or is independently developed by the receiving party without use of the disclosing party’s Confidential Information.

Co-organized Events : events organized by a third party service provider for which BEM acts as an outside consultant and/or as an advertising partner, exhaustively listed on the webpage [URL]

Data means all electronic data, text, messages or other materials submitted to the Service by You in connection with Your use of the Service.

Documentation means any written or electronic documentation, images, video, text or sounds specifying the functionalities or characteristics of the Service provided or made available by BEM to You through the Site or otherwise.

Event: means any BEM Event, Co-organized Event or Third Party Event.

Personal Data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Processing means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

Service(s) means any and all services provided by BEM to User including but not limited to the access to the BEM Events, Co-organized Events and Third Party Events,  the use and access to the Site, and tools such as Software, and any Documentation.  Any new or modified features added to the Service are also subject to these Terms.

Site means any and all websites and applications operated or owned by BEM including namely but not exclusively www.BEM.brussels and the BEM APP.

Third Party Events means (i) all Events excluding BEM Events or Co-organized Events, organized by a service provider and (ii) any third party products, applications, services, software, products, networks, systems, directories, websites, databases and information linked to these events.

User, You, Your means any individual or Entity using the Site and/or the Services.

2. GENERAL CONDITIONS; ACCESS TO AND USE OF THE SERVICE

2.1 BEM organizes or facilitates events, mainly during a three-day urban electronic music festival including in Brussels, spread over several venues with a variety of events, including but not limited to parties, art installations, workshops, talks, introductory activities for kids and their families.

Subject to compliance by User with these Terms, User has the right to access and use the portion of the Service provided by BEM for free and with no subscription, as detailed on the Site. User’s right to access certain Events may be subject to restrictions and policies by third parties, as set forth in these Terms.

2.2 An Internet connection is required for proper transmission of the Site. User is responsible for procuring and maintaining the network connections that connect the network to the Site, including, but not limited to, “browser” software that supports protocols used by BEM, including Secure Socket Layer (SSL) protocol or other protocols accepted by BEM. BEM is not responsible for any modification or compromise of data, including Your Data, caused by the transmission across computer networks or telecommunications facilities which are not owned, operated or controlled by BEM. BEM assumes no responsibility for the reliability or performance of any connections described in this section.

2.3 You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service to process data on behalf of any third party; (c) modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service or related systems or networks; (d) falsely imply any association or partnership with BEM; (e) use the Service in any unlawful manner, including but not limited to violation of any person’s privacy rights; (f) use the Service to send unsolicited or unauthorized junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages;  (g) use the Service to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights and any privacy rights; (h) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (i) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of the Software or the Site ; (j) use the Service to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (k) use the Site to knowingly post transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software”); (l) try to use, or use the Service in violation of these Terms; (m) obtain or attempt to obtain any materials, documents or information, including namely but not exclusively personal identification, password and other information of any other User through any means not purposely made available through the Service; (n) probe, scan, or test the vulnerability of any system or network of BEM or breach any security or authentication measures, avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by BEM to protect the Site or Software (o) misrepresent yourself, your age or impersonate any other individual or entity.

2.4 The Service is not available to individuals who are younger than 18 years old. You may not use the Site or access any Event if you are not of a legal age to form a binding contract and otherwise capable of entering into these Terms. BEM does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to BEM; any information submitted by such users will not knowingly be used, posted, or retained by BEM.

2.5 User is responsible for compliance with the provisions of these Terms and for any and all activities that occur during an Event, under the Account, as well as for Your Data. Without limiting the foregoing, You are solely responsible for ensuring that use of the Service to store and transmit Your Data is compliant with all applicable laws and regulations including namely but not exclusively all applicable privacy laws and regulations. You are solely responsible for ensuring that the use of the Service and the transmission, collection and use of Your Data does not to infringe any third party’s intellectual property and privacy rights. User also maintains all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for its purposes. User agrees and acknowledges that each individual creating an Account will be identified by a unique username and password (“Login”) and that an individual Login may only be used by one (1) individual. Users are responsible for maintaining the confidentiality of all Login information related to the Account.

2.6 BEM reserves the right, in BEM’s discretion, to temporarily suspend Your access to and use of the Site: (a) during planned downtime for upgrades and maintenance; (b) during any unavailability of the Service caused by Force Majeure events or circumstances; (c) if BEM suspects or detects any malicious software or file connected to Your Account or use of the Service by You; (d) for any other reason which BEM deems reasonable.

2.7 Additional terms and conditions may apply to purchases of services and/or to specific portions or features of the Site or the Service including, promotions or other similar features, all of which terms are made a part of these Terms of Service by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the Site or the Service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific portion of the Service.

3. DATA PRIVACY AND SECURITY; CONFIDENTIALITY

3.1 Subject to the express permissions of these Terms, You and BEM will protect each other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care.  Except as otherwise expressly permitted pursuant to these Terms, BEM and User may only use the other party’s Confidential Information solely to exercise their respective rights and perform their respective obligations under these Terms and shall disclose such Confidential Information solely to those of their respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information.

3.2 BEM will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your Data.

3.3 You agree that BEM and the service providers BEM uses to assist in providing the Service to You shall have the right to access Your Account and to use, modify, reproduce, distribute, display and disclose Your Data solely to the extent necessary to provide the Service, including, without limitation, in response to Your support requests.  Any third party service providers BEM utilizes will only be given access to Your Account and Your Data as is reasonably necessary to provide the Service.

BEM may also access or disclose information about the Account, Your Data, Users in order to (a) comply with the law or respond to lawful requests or legal process; (b) protect BEM’s or its customers’ or partners’ rights or property, including enforcement of these Terms or other policies associated with the Service; (c) act on a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation.

3.4 BEM collects certain information about the Account, Your Data, Users, as well as the devices, computers and other tools used in connection with the Service.  BEM uses, discloses, and protects this information as described in BEM Privacy Policy, the current version of which is available at www.BEM.brussels/privacy.

3.5 BEM will process, use, modify, collect and store Personal Data within the meaning of applicable data protection laws and regulations.

3.6 User further acknowledges that BEM may process Personal Data outside of the European Economic Area (EEA) and that BEM may uses sub-contractors based outside of the EEA.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Subject to these Terms of Service, BEM hereby grants You a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Service. The rights granted herein are subject to Your compliance with these Terms of Service. The Service is being licensed to you and you hereby acknowledge that no title or ownership in the Service is being transferred or assigned and these Terms of Service are not to be construed as a sale of any rights in the Service.

4.2 The BEM trademarks as shown on the Site, the Software or the Documentation are trademarks owned by BEM (collectively, “BEM Trademarks”). Unless otherwise provided by applicable laws or regulations, BEM Trademarks may not be used in any manner other than expressly authorized in a written agreement.

4.3 The logos, trademarks and names of third parties, including venues, sponsors, funding bodies are the property of their respective owners.

4.4 BEM shall maintain all rights, title and interest in and to BEM patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to You to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights.

4.5 All content of the Service, Site or Software including, but not limited to, all text, graphics, user interfaces, visual interfaces, photographs, product and virtual product descriptions and design, FAQs, videos, logos, BEM Trademarks, sounds, music, artwork, computer code and programming (collectively, “Content”), including the arrangement of such Content, is owned, controlled or licensed by or to BEM, and is protected by trade dress, copyright, and trademark laws, various other intellectual property rights and unfair competition laws. Except as expressly provided in the Terms of Service or authorized by BEM in a written agreement, no Content or part of Content may be copied, duplicated, sold, resold, reverse engineered, decompiled, reproduced, modified, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way through any media whatsoever.

5. CO-ORGANIZED AND THIRD PARTY EVENTS

5.1 If You decide to access or use Co-organized Events or Third Party Events, be advised that Your access and use of such Events is governed by the terms and conditions of such Co-organized Events or Third Party Events, and BEM does not endorse, is not responsible or liable for, and makes no representations as to any aspect of such Events, including, without limitation, the quality of the service, the accuracy, completeness or authenticity of the information contained or the manner in which the service providers of such Co-organized Events or Third Party Events handle data, including Your Data, or any interaction between You and the service provider. You irrevocably waive any claim against BEM with respect to such Co-organized Events or Third Party Events. BEM is not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access or use of any such Co-organized Events or Third Party Events , or Your reliance on the privacy practices, data security processes or other policies of such Third Party Services. 

5.2 If there is a dispute between Users, or between Users and any third party, including the organizers of any Co-organized Events or Third Party Events, You understand and agree that BEM is under no obligation to become involved.  In the event that You have a dispute with any other User, You hereby release the Released Parties from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

6. THIRD PARTY CONTENT

6.1 The Service may contain features and functionalities that may link You or provide You with access to third party content which is completely independent of BEM, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general.  Your interactions with organizations or individuals found on or through the Service are solely between you and such organizations or individuals. You should make whatever investigation You feel necessary or appropriate before proceeding with any interaction with any of the third parties providing services. You agree that BEM is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings.  

6.2 BEM may obtain information, including Personal Data, from third parties and combine that with information BEM collects through the Service such as in the case where You use a third party service or where we may have access to certain information from a third party social media or authentication service if You log into Our Services through such service or otherwise provide Us with access to information from such service. Any access that We may have to such information from a third party social or authentication service is in accordance with the authorization procedures determined by that service.

6.3 By authorizing BEM to connect with a third party service, You authorize BEM to access and store Your name, email address(es), and other Personal Data that the Third Party Service makes available to BEM, and to use and disclose it in accordance with these Terms of Service and BEM Privacy Policy.

7. BEM Bracelet

In addition to the Terms of Service, the following terms apply to Your use of the BEM Bracelet.  

7.1 To obtain the BEM Bracelet, User shall (i) Sign up to the newsletter, and (ii) Like BEM on Facebook, and (iii) add the BEM frame on the profile picture on Facebook or publish a picture on Instagram with the hashtag #BEM18, and (iv) obtain the Bracelet at any BEM18 Info Point.


Bracelets shall be provided within the available stocks. BEM shall not be liable if the BEM Bracelet is no longer available at any time during the event.


7.2 By wearing the BEM Bracelet, subject to compliance by User with these Terms and provided there is a presale price, User may obtain the presale price at the door of all venues of BEM18.


7.3 To obtain the presale price, User must wear the Bracelet and the Bracelet should not be cut, destroyed or tempered with.


7.4  The BEM Bracelet is only valid for one individual from 12 to 14 October 2018.


8. TERMINATION

BEM reserves the right in its sole discretion to terminate Your Account, delete Your profile and any of Your Data and restrict Your use of all or any part of the Service for any or no reason, without notice, and without liability to you or anyone else. If User does not log in to the Account for 12 or more months, BEM may treat the Account as "inactive" and permanently delete the Account, Your Data and any other data associated with it. BEM reserves the right to block users from certain IP addresses or device numbers. Your license terminates immediately if You attempt to circumvent any technical protection measures used in connection with the Service or You otherwise use the Service in breach of these Terms of Service.

9. WARRANTY DISCLAIMER

YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.  THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES FOR THIRD PARTY SERVICES OR GOODS RECEIVED THROUGH THE SERVICE OR ANY LINKS ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE.

THE RELEASED PARTIES WILL HAVE NO LIABILITY FOR NAMELY BUT NOT EXCLUSIVELY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INCLUDING FOR ERRORS IN THE EVENT PROGRAMME; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF BEM SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICE; (e) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SERVICE; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICE (f) ANY CANCELLATION OF AN EVENT.

THE RELEASED PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY EVENT OR SERVICE RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE SERVICE OR ANY LINKED WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEM OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF SERVICE.

As some jurisdictions do not allow disclaimer of certain warranties, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF BEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE,  WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED ARISING OUT OF OR IN CONNECTION WITH THIRD PARTY SERVICES RECEIVED THROUGH THE SERVICE OR ANY LINKS ON THE SERVICE, AND WITH RESPECT TO DAMAGES IN CONNECTION WITH INFORMATION RECEIVED THROUGH THE SERVICE OR ANY LINKS ON THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL BEM'S ENTIRE LIABILITY TO YOU EXCEED THE PRICE PAID BY YOU FOR THE SERVICE.

In some jurisdictions, some of the foregoing limitations may not apply.

11. INDEMNITY OF BEM

You agree to indemnify and hold the Released Parties harmless from any demands, liability, claims or expenses, including attorneys’ fees and court costs, made by any third party due to or arising out of or in connection with: (a) any information (including Your Data or any other data) that you or anyone using your Account submit, post, or transmit on or through the Service; (b) the use of the Service by you or anyone using your Account; (c) the violation of these Terms of Service by you or anyone using your Account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your Account.  BEM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If BEM does assume the defense of such a matter, You will reasonably cooperate with BEM in such defense.

12. FORCE MAJEURE

BEM will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond BEM’s reasonable control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

13. APPLICABLE LAW

User access to the Service is governed by all applicable Belgian laws. Access in countries where the information, services or products provided on the Service are illegal is prohibited. By using the Service, regardless of where you live in the world, you consent to have your Personal Data transferred to and processed and collected in Belgium in compliance with BEM Privacy Policy. These Terms of Service will be governed by and construed in accordance with the laws of Belgium, without giving effect to any conflict of laws rules or provisions. If any dispute arises relating in any way to the use of the Service or to these Terms of Service, the parties will attempt to resolve any claim or dispute through negotiation with persons fully authorized to resolve the dispute. If the parties are unable to resolve the dispute through negotiation within a reasonable time after written notice from one party to the other that a dispute exists, the dispute shall be subject to the exclusive jurisdiction of the courts of Brussels, Belgium.

14. OTHER PROVISIONS

If any provision in the Terms of Service is held invalid, the remainder of the Terms of Service shall continue to be enforceable. If any provision in the Terms of Service is deemed unlawful, void or unenforceable, then that provision is deemed severable from the Terms of Service and the remaining provisions are still valid and enforceable. The failure of BEM to enforce any right or provision of these Terms of Service will not prevent BEM from enforcing such right or provision in the future. BEM may assign its rights and obligations under these Terms of Service, including in connection with a merger, acquisition, a sale of assets or by operation of law.