Terms and Conditions

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1. Our Services

The information provided when using the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or would subject us to any registration requirement within such jurisdiction or country. Accordingly, individuals who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent such laws are applicable.

2. Intellectual property rights

Our Intellectual property rightse. We own or license all intellectual property rights relating to our Services, including any source code, databases, features, software, website designs, audio, video, text, photographs, and graphics appearing in the Services (collectively, the “Content”), as well as the related trademarks, service marks, and logos (the “Distinctive Signs”).

Our Content and Distinctive Signs are protected by copyright and trademark law (as well as various other intellectual property rights and unfair competition rules) and by treaties worldwide. The Content and Distinctive Signs are provided via the Services “AS IS” for your personal, non-commercial use, or for your internal professional needs only.

Your use of our Services. Subject to your compliance with these Legal Terms, including the section "PROHIBITED ACTIVITIES" Herein, we grant you a non-exclusive, non-transferable, and revocable license to: access the Services; and download or print a copy of any portion of the Content that you have legitimately accessed, solely for your personal, non-commercial use or your internal business needs.

Except as provided in this section or elsewhere in our Legal Terms, no part of the Services or any Content or Distinctive Sign may be copied, reproduced, aggregated, republished, uploaded, published, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to use the Services, Content, or Distinctive Signs other than as provided in this section or elsewhere in our Legal Terms, please send your request to: Contact. If we grant you permission to publish, reproduce, or publicly display any part of our Services or Content, you must identify us as the owner or licensee of the Services, Content, or Distinctive Signs, and ensure that any copyright or proprietary notices appear or are visible when publishing, reproducing, or displaying our Content.

We reserve all rights not expressly granted in the Services, Content, and Distinctive Signs. Any violation of the above intellectual property rights constitutes a material breach of our Legal Terms and immediately terminates your right to use our Services.

Your submissions.Please read this article and the section carefully. "PROHIBITED ACTIVITIES" before using our Services, to understand:

Submissions.By sending us any questions, comments, suggestions, ideas, feedback, or other information regarding the Services (the "Submissions"), you agree to assign to us all intellectual property rights in the Submissions. You agree that we own such Submissions and are entitled to use and distribute them freely, for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Responsibility for your Submissions. By submitting Submissions to us through any part of the Services, you confirm that you have read and agree to our section "PROHIBITED ACTIVITIES" and you shall refrain from publishing, sending, posting, uploading, or transmitting via the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, misleading, or deceptive; waive, to the extent permitted by applicable law, all moral rights in such Submissions; warrant that any Submissions are original or that you have the necessary rights and licenses and sufficient authority to grant us the above rights; and represent that your Submissions do not constitute confidential information. You are solely responsible for your Submissions and expressly agree to indemnify us for any losses incurred as a result of your violation:

No rights to the deliverables (graphic designs, visual identities, mock-ups, code, automation scripts) are transferred through the use of the website. The rights of use and/or transfer of the deliverables are governed exclusively by the corresponding quote/contract.

3. User declaration

The Services are primarily intended for professional users. By using the Services, you represent and warrant that:

If you provide false, inaccurate, outdated, or incomplete information, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any part thereof).

4. Services and deliverables

Services (branding, graphic design, packaging, web design, etc.) are provided based on a quote. Deliverables (files, mock-ups, websites, scripts) are described in the quote/contract. The availability of certain options may vary. We may update the offer and prices at any time prior to acceptance of the quote.

5. Purchases and payment

Subject to change, we accept the following payment method:

You agree to provide current, complete, and accurate payment and account information for any orders placed through the Services, and to promptly update your email address, payment method, and card validity information so that we can process your transactions and contact you if necessary. Applicable taxes may be added at our discretion. We may change our prices at any time. Any printing costs will be charged to you. All payments are made in euros.

You agree to pay all amounts due at the current rates for your purchases, as well as any shipping costs, and authorize us to charge your chosen payment method. We reserve the right to correct any pricing errors, even after payment has been requested or received.

We reserve the right to refuse any order placed through the Services and, in our sole discretion, to limit or cancel quantities per person, household, or order (including per customer account, payment method, and/or billing/shipping address). We may limit or prohibit orders that appear to be from resellers, dealers, or wholesalers.

Billing.

Services are provided on the basis of a quote and invoiced via La Smart Coopération. Unless otherwise specified, a 30% deposit is payable upon acceptance of the quote (conditional start); the balance is due 7 business days after delivery of the agreed deliverables. Currency: EUR. Applicable taxes are added. We may correct any obvious pricing errors before issuing an invoice.

6. Refund Policy

Non-refundable deposit.

The deposit covers the reservation of work slots and start-up costs and is non-refundable.

Cancellation.

In the event of cancellation after commencement, the amounts due shall be invoiced on a pro rata basis for the work performed (minimum 20% of the price). The detailed terms and conditions are set out in the quotation/contract, which shall take precedence over these terms and conditions.

7. Prohibited activities

You may not access or use the Services for any purpose other than those for which we make them available. The Services may not be used in connection with any commercial endeavor, unless expressly approved by us.

As a user of our services, you agree not to:

8. User contributions

Services do not allow users to submit or publish content. We may offer you the opportunity to create, submit, publish, display, transmit, perform, post, distribute, or broadcast content and materials to us or on the Services, including, but not limited to, text, writing, videos, audio files, photographs, graphics, comments, suggestions, or personal information or other materials (collectively, "Contributions"). Contributions may be viewed by other users of the Services and via third-party websites. As such, any Contribution you submit may be treated in accordance with the Privacy Policy. When you create or make Contributions available, you represent and warrant, in particular, that:

However, as things stand, the Services do not offer any public publishing spaces. The only “Contributions” allowed are forms (contact, briefing). You agree not to insert any illegal or infringing content or personal data belonging to third parties without legal basis. Forms are processed in accordance with the Privacy Policy..

9. License on contributions

You and the Services agree that we may access, store, process, and use any personal information and data you provide in accordance with the terms of the Privacy Policy and your choices (including your settings). By submitting suggestions or other comments regarding the Services, you agree that we may use and share such comments for any purpose without compensation to you. We do not claim any ownership rights in your Contributions. You retain full ownership of all your Contributions and all intellectual property rights or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations contained in your Contributions provided by you in any section of the Services. You are solely responsible for your Contributions to the Services and you expressly agree to hold us harmless and refrain from any legal action against us regarding your Contributions.

10. Service management

We reserve the right, without obligation, to:

11. Privacy Policy

We take data privacy and security very seriously. Please see our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please note that the Services are hosted in France. If you access the Services from another region of the world where laws or other requirements governing the collection, use, or disclosure of personal data differ from those applicable in France, by continuing to use the Services, you are transferring your data to France and expressly consent to your data being transferred to and processed in France.

12. Term and termination

These Terms and Conditions shall remain in full force and effect during your use of the Services and after your use of our services has ended. WITHOUT LIMITING THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BY BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR VIOLATION OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT NOTICE, AT OUR SOLE DISCRETION.

If we terminate or suspend our collaboration for any reason, we reserve the right to block access and not respond to new requests from the offender, whether under your name, a false or borrowed name, or the name of a third party, even if you are acting on behalf of that third party. In addition to terminating or suspending our collaboration, we reserve the right to take appropriate legal action, including, without limitation, civil, criminal, and injunctive relief.

13. Changes and interruptions

We reserve the right to change, modify, or delete the content of the Services at any time and for any reason, at our sole discretion and without notice. However, we have no obligation to update the information contained in our Services. We also reserve the right to modify or discontinue all or part of the Services at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Services, which may result in interruptions, delays, or errors. We reserve the right to modify, revise, update, suspend, discontinue, or otherwise change the Services at any time and for any reason, without notice. You agree that we shall not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any period of unavailability or interruption of the Services. Nothing in these Legal Terms shall be construed as obligating us to maintain and support the Services or to provide corrections, updates, or releases in connection therewith.

14. Applicable law

These legal terms and conditions are governed by and interpreted in accordance with Belgian law, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Blacklight Dsgn and you agree to submit to the non-exclusive jurisdiction of the courts of Brussels, Belgium, subject to mandatory rules, which means that you may bring legal action to defend your consumer protection rights under these Terms and Conditions in Belgium or in the EU country where you reside.

15. Dispute resolution

In the event of a dispute, the parties shall first attempt to resolve it amicably within 30 days of written notification of the dispute (email accepted).

16. Corrections

The Services may contain information that includes typographical errors, inaccuracies, or omissions, including in descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information contained in the Services at any time without prior notice.

17. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITE OR MOBILE APPLICATION LINKED TO THE SERVICES, AND WE DISCLAIM ALL RESPONSIBILITY IN THIS REGARD, SUCH AS:

18. Limitations of Liability

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, for any service provided through La Smart Coopérative, our total liability, for all causes combined, is limited to the total fees excluding taxes actually paid for the service concerned during the twelve (12) months preceding the event giving rise to the claim. This limitation does not apply in cases of fraud or gross negligence, nor to liabilities that cannot be excluded or limited by law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. Where applicable, the above exclusions/limitations apply to the extent permitted by law. In the event of an incident attributable to the site, you shall notify us in writing and we shall have a reasonable period of ten (10) business days to remedy the situation before any monetary claim can be made.

19. Compensation

You agree to defend, indemnify, and hold harmless us, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any and all losses, damages, liabilities, claims, or demands, including reasonable attorneys' fees and costs, incurred by any third party due to or arising out of:

20. User data

We will retain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we routinely perform routine backups of data through reasonable efforts, you are solely responsible for all data that you transmit or that is related to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from such loss or corruption of such data.

21. Electronic communications, transactions, and signatures

Consulting the Services, sending emails, and filling out online forms constitute electronic communications. You agree to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER ELECTRONIC DOCUMENTS, AS WELL AS THE ELECTRONIC TRANSMISSION OF NOTICES, POLICIES, AND DOCUMENTS RELATED TO TRANSACTIONS INITIATED OR CONDUCTED BY US OR THROUGH THE SERVICES. You hereby waive any rights or requirements under any law, regulation, rule, order, or other legislation in any jurisdiction that requires an original signature or the delivery or retention of non-electronic documents, or the payment or granting of credits by any means other than electronic means.

22. Miscellaneous provisions

These Terms and Conditions and any policies or rules of use published by us on the Services or relating to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions apply to the fullest extent permitted by law. We may assign all or part of our rights and obligations to third parties at any time. We shall not be liable for any loss, damage, delay, or omission caused by any cause beyond our control. If any provision or part of a provision of these Terms and Conditions is found to be illegal, void, or unenforceable, that provision or part of the provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. These Terms and Conditions or the use of the Services do not create any joint venture, partnership, employment, or agency relationship between you and us. You agree that these Terms and Conditions shall not be construed against us because they are drafted in this manner. You hereby waive any defense you may have based on the electronic form of these Terms and Conditions and the absence of signatures of the parties hereto to execute these Terms and Conditions.

In the event of any contradiction, the signed documents (quote/contract and special conditions) shall prevail over these Terms of Use for the website.

23. Applicable law and Jurisdiction

Belgian law applies. The courts of Brussels (Belgium) shall have exclusive jurisdiction, subject to mandatory applicable rules.

24. Limitation of Liability (Use of the Site)

To the extent permitted by law, our aggregate liability, for any cause whatsoever, arising out of or in connection with access to or use of the site, is limited to €2,000.00. This limitation does not apply in cases of fraud or gross negligence, nor to liabilities that cannot be excluded or limited by law. We are not liable for indirect damages (including loss of profits, data, or business).

25. Notification period related to the site

Any claim related to the use of the site must be submitted within six (6) months of the event giving rise to the claim, to the extent permitted by law.

26. Disclaimer

The site may contain links to third-party sites. We do not control their content and accept no responsibility for their availability, security, or accuracy.

27. Clause related to the use of the site

Each party shall take reasonable measures to limit its damage; the party claiming damages may not obtain compensation for losses that it could reasonably have avoided.

28. Minimum compensation

The User guarantees and holds the Publisher harmless against any claim, cost, or damage resulting from a clear violation of these terms (including any attempt to intrude upon or disrupt the Services), to the extent permitted by law.

29. Glossary

30. Contact Blacklight dsgn

To resolve a complaint regarding the Services or to obtain more information about using the Services, please contact Blacklight dsgn at the following address:

Blacklight Dsgn