Date
of Last Revision: October
1, 2009
Welcome to LinoLounge,
a portal that allows you
to access information
on European lobbying,
post your profile, place
ads for job or mission
searches and connects
you with the business
people active in lobbying
and European affairs and
regulation around you.
The LinoLounge services
and network (collectively,
"the Service")
are operated by N-square
Consulting, part of KDC
Group BVBA, vested Kreupelstraat
33, 1703 Dilbeek, Belgium,
with Reg N° BE 0882 997
240 (also referred to
a, "us", "we"
or "the Company").
By accessing or using
our web sites or the mobile
version thereof (together
the "Site"),
you (the "User")
signify that you have
read, understand and agree
to be bound by these Terms
of Use ("Terms of
Use" or "Agreement").
We reserve the right,
at our sole discretion,
to change, modify, add,
or delete portions of
these Terms of Use at
any time without further
notice. If we do this,
we will post the changes
to these Terms of Use
on this page and will
indicate at the top of
this page the date these
terms were last revised.
Your continued use of
the Service or the Site
after any such changes
constitutes your acceptance
of the new Terms of Use.
If you do not agree to
abide by these or any
future Terms of Use, do
not use or access (or
continue to use or access)
the Service or the Site.
It is your responsibility
to regularly check the
Site to determine if there
have been changes to these
Terms of Use and to review
such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
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Eligibility
Membership in the Service
is void where prohibited.
By using the Service or
the Site, you represent
and warrant that you (a)
are not under the age
of 18; (b) have not previously
been suspended or removed
from LinoLounge; (c) are
not a direct competitor
of LinoLounge; (d) do
not have more than one
LinoLounge expert and
recruiter account at any
given time; and (e) that
you have full power and
authority to enter into
this Agreement and in
doing so will not violate
any other agreement to
which you are a party.
In addition, you must
provide all equipment
and software necessary
to connect to LinoLounge
including, but not limited
to, if the Service contains
a mobile element, a mobile
hand set or other mobile
access device that is
in working order and suitable
for use in connection
with the Service and to
use any part of the Service.
By using the Service or
the Site, you also acknowledge
that you agree to and
to abide by all of the
terms and conditions of
this Agreement. |
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Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Keep your
password confidential,
do not use other Users’
accounts and do not let
others use your account;
you are responsible for
anything that happens
through your account —
until you notify us of
a breach (
customerservice@lobbyplanet.eu
), close down your account
or prove that your account
security was compromised
due to a fault of our
systems. You are prohibited
from selling, trading
or otherwise transferring
your account or any information
therein to another party
or charging anyone for
access to any portion
of the Site, or any information
therein. |
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Proprietary Rights in Content
All content on the Site and available through the Service, including but not limited to organization of materials, compilation, databases, designs, text, graphics, pictures, logos, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content") and associated media and printed materials are the proprietary property of the Company with all rights reserved and are protected by intellectual property rights under European and international law. You acknowledge that you do not acquire any ownership rights to the Service.
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Limited Right to Use
No Site Content may be modified, copied, distributed, reverse engineered, framed, reproduced, republished, downloaded, uploaded, scraped, displayed, used in derivative works, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.
Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
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User Conduct
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
- harvest or collect
email addresses or other
contact information
of other users from
the Service or the Site
by electronic or other
means for the purposes
of sending unsolicited
emails or other unsolicited
communications;
- use the Service or
the Site in any unlawful
manner or in any other
manner that could damage,
disable, overburden
or impair the Site;
- use automated scripts
to collect information
from or otherwise interact
with the Service or
the Site;
- upload, post, transmit,
share, store or otherwise
make available any content
that we deem to be harmful,
threatening, unlawful,
defamatory, infringing,
abusive, inflammatory,
harassing, vulgar, obscene,
fraudulent, invasive
of privacy or publicity
rights, hateful, or
racially, ethnically
or otherwise objectionable;
- register for more
than one User account,
or register for a User
account on behalf of
an individual other
than yourself;
- impersonate any person
or entity, or falsely
state or otherwise misrepresent
yourself, your age or
your affiliation with
any person or entity;
- upload, post, transmit,
share or otherwise make
available any unsolicited
or unauthorized advertising,
solicitations, promotional
materials, "junk
mail," "spam,"
"chain letters,"
"pyramid schemes,"
or any other form of
solicitation;
- rent, lease, loan,
trade, sell/re-sell
access to the Site or
any information therein,
or the equivalent, in
whole or part;
- deep-link to the Site
for any purpose, (i.e.
including a link to
a Site web page other
than the Site’s home
page) unless expressly
authorized in writing
by the Company;
- attempt to or actually
access the Site by any
means other than through
the interface provided
by the Site;
- attempt to or actually
override any security
component included in
or underlying the Site
or Service;
- upload, post, transmit,
share, store or otherwise
make publicly available
on the Site any private
information of any third
party, including, addresses,
phone numbers, email
addresses, Social Security
numbers and credit card
numbers;
- solicit personal information,
passwords or personally
identifying information
for unlawful purposes;
- upload, post, transmit,
share or otherwise make
available any material
that contains software
viruses or any other
computer code, files
or programs designed
to interrupt, destroy
or limit the functionality
of any computer software
or hardware or telecommunications
equipment;
- intimidate or harass
another;
- upload, post, transmit,
share, store or otherwise
make available content
that would constitute,
encourage or provide
instructions for a criminal
offense, violate the
rights of any party,
or that would otherwise
create liability or
violate any local, state,
national or international
law;
- use or attempt to
use another's account,
service or system without
authorization from the
Company, or create a
false identity on the
Service or the Site;
- interfere with or
disrupt the Site or
Service, including but
not limited to any servers
or networks connected
to the Site, or disobey
any requirements, procedures,
policies or regulations
of networks connected
to the Site;
- infringe or use the
Company’s brand, logos
and/or trademarks, including,
without limitation,
using the words “LinoLounge”,
“N-square” or “LobbyPlanet”
in any business name,
email, or URL or including
the Company’s trademarks
and logos on any website
without authorization;
- upload, post, transmit,
share, store or otherwise
make available content
that, in the sole judgment
of Company, is objectionable
or which restricts or
inhibits any other person
from using or enjoying
the Site, or which may
expose Company or its
users to any harm or
liability of any type.
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Fees
and Payment for Recruiters
Fees are
due up front in their
entirety before you are
granted access. We accept
payment by bank transfer
or credit cards only.
Because of the nature
of the Data and the flexibility
allowed, all Service subscriptions
are non-refundable. The
Company will make every
effort to ensure you are
satisfied with your purchase.
If you feel the Service
does not live up to your
expectations, please contact
us at
customerservice@lobbyplanet.eu
and we will work to remedy
the problem. |
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User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. The Company does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
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Copyright Complaints
We respect
the intellectual property
rights of others and we
prohibit users from uploading,
posting or otherwise transmitting
on the Site or Service
any materials that violate
another party's intellectual
property rights. When
we receive proper Notification
of Alleged Copyright Infringement,
we promptly remove or
disable access to the
allegedly infringing material
and terminate the accounts
of repeat infringers.
If you believe that any
material on the Site infringes
upon any copyright which
you own or control, you
may send a written notification
of such infringement to
customerservice@lobbyplanet.eu
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Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site. |
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User Disputes
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. |
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Privacy
We care about the privacy of our users. Click on Privacy Policy at the bottom of this page. By using the Site or the Service, you are consenting to have your personal data transferred to and processed by the Company, in compliance with relevant data protections laws.
It is the User’s own responsibility to observe the statutory regulations, in particular those of data protection, when using the data made available to him |
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Disclaimers
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by the Company, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.
The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
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Limitation
on Liability
IN NO EVENT WILL THE
COMPANY OR ITS DIRECTORS,
EMPLOYEES OR AGENTS BE
LIABLE TO YOU OR ANY THIRD
PERSON FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING
FOR ANY LOST PROFITS OR
LOST DATA ARISING FROM
YOUR USE OF THE SITE OR
THE SERVICE, ANY PLATFORM
APPLICATIONS OR ANY OF
THE SITE CONTENT OR OTHER
MATERIALS ON, ACCESSED
THROUGH OR DOWNLOADED
FROM THE SITE, EVEN IF
THE COMPANY IS AWARE OR
HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED
HEREIN, THE COMPANY'S
LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM
OF THE ACTION, WILL AT
ALL TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY,
BY YOU TO COMPANY FOR
THE SERVICE DURING THE
TERM OF MEMBERSHIP, BUT
IN NO CASE WILL THE COMPANY'S
LIABILITY TO YOU EXCEED
€1000. YOU ACKNOWLEDGE
THAT IF NO FEES ARE PAID
TO COMPANY FOR THE SERVICE,
YOU SHALL BE LIMITED TO
INJUNCTIVE RELIEF ONLY,
UNLESS OTHERWISE PERMITTED
BY LAW, AND SHALL NOT
BE ENTITLED TO DAMAGES
OF ANY KIND FROM COMPANY,
REGARDLESS OF THE CAUSE
OF ACTION.
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CERTAIN COUNTRIES AND
JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS OR LIMITATIONS
MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL
RIGHTS. |
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Termination
/ Duration
The Company may terminate
your membership, delete
your profile and any content
or information that you
have posted on the Site
or through any Platform
Application and/or prohibit
you from using or accessing
the Service or the Site
or any Platform Application
(or any portion, aspect
or feature of the Service
or the Site or any Platform
Application) for any reason,
or no reason, at any time
in its sole discretion,
with or without notice,
with an eventual refund.
For certain Services,
the minimum duration of
subscription is one year.
The period of one year
terminates with the expiration
of the month in the subsequent
year.
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Governing Law, Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of Belgium, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than before the courts of Brussels, Belgium, and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of Brussels, Belgium. |
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Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party. |
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Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. |
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Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms. |
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Other
These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Any cause of action by you with respect to the Service and this Agreement must be instituted within one (1) year after the cause of action arose or forever be waived and barred.
We may notify you via
postings on the Site,
and via email or any other
communications means to
contact information you
provide to us. You may
also notify us via email
at
customerservice@lobbyplanet.eu
or via mail or courier
at LobbyPlanet, Attn:
Legal Department, Kreupelstraat
33, 1703 Dilbeek, Belgium.
Any notices that you provide
without compliance with
this Section shall have
no legal effect.
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