Terms and Conditions
These Terms and Conditions of Use and Service (“Terms”) govern your use of the website Tasting Europe, accessible via the URL www.tastingeurope.com and www.tastingeurope.eu and related websites (the “Website) operated by the European Travel Commission, which has its registered office at Rue du Marché aux Herbes 61, 1000 Brussels, Belgium (“ETC”, “we”, “us”).
Your use of the Website constitutes your agreement to follow and be bound by these Terms. We reserve the right to update or modify the Terms at any time without prior notice. For this reason, we encourage you to review these Terms whenever you use the Website and if you do not agree to these Terms, please do not use the Website.
By using the Website, you acknowledge and agree as follows:
1 License and access
All content available through the Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, sounds, music, video, audio, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by ETC, its licensors or its content providers, and is protected by copyright, trademark and other applicable laws.
We grant you a limited, non-exclusive, revocable, terminable license to access and make personal use of the Website. ETC or its licensors or content providers retain full and complete title, interest and rights to the content available on the Website, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in our sole discretion.
You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). Unauthorized access to the Website may result in termination of your right to use the Website.
1.1 Availability of the Website, security and accuracy
Our goal is to make the Website available 24 hours a day, however, this is not always possible and we are not liable if for any reason the Website is unavailable for any time or for any period. We occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
We do not in any way warrant or represent in any way that
a) Your access to the Website will be uninterrupted, timely or error-free;
b) The Website will be secure; or
c) Either the Website, or the server that makes the Website available, will be virus-free.
We do not warrant that the Website will be compatible with all hardware and software which you may use.
We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Website, or your obtaining any material from, or as a result of using, the Website. We shall also not be liable for the actions of third parties.
We may change or update the Website and anything described in it without notice to you.
Whilst we endeavor to ensure that information and materials on the Website are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions.
The personal opinions of any third parties with whom we are associated are their own and do not necessarily reflect the views of ETC and we accept no responsibility for any such views expressed in any media.
The material contained on the Website is provided for information purposes only and it shall not give rise to any commitment or obligation by us. Any information on the Website shall not constitute any part of an offer or contract.
1.2 Content you submit through the Website
If we determine that you are or have been engaged in prohibited activities, were not respectful to or of other users, or otherwise violated these Terms, we reserve the right to restrict or terminate your access to the Website or any feature or part thereof at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Website for any reason. If we impose restrictions on you personally, you must not attempt to use the Website under any other name or user.
3 Third party Websites
We may include hyperlinks on the Website to other websites or resources operated by parties other than ETC. We have not reviewed all of the sites thus linked to our offering and are not responsible for the content or accuracy of any such websites nor are we responsible for the availability of such external websites or resources, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
Except as otherwise expressly provided in these Terms or required by applicable law, we make no representations, covenants or warranties and offers no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of any content on the Website, as well as warranties implied from a course of performance or course of dealing.
Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis. If you download any content from the Website you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system/mobile device or loss of data that results from the download of any such content. No advice or information obtained by you from the Website shall create any warranty of any kind.
5 Intellectual property rights
Your use of the Website and its content grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the content, including HTML and other code contained in the Website. All such content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on the Website are protected by national and/or international intellectual property and other laws and international treaty provisions. You are permitted to use all such content only as expressly authorized by ETC and/or our third party licensors. Any reproduction or redistribution of the above listed content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing all such content for your own personal use.
6 No commercial use
The Website is made available for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content or software contained within the Website. You may not use the Website, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
7 Limitation of liability
You acknowledge and agree that you assume full responsibility for your use of the Website. You acknowledge and agree that any information you send or receive during your use of the Website may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the Website is at your own risk and that the Website is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law (including, without limitation, consumer protection law), neither we nor our licensors, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to:
a) The Website, or any other website or resource you access through a link from this Website;
b) Any action we take or fail to take as a result of communications you send to us;
c) Any delay or inability to use the Website; or
d) The modification, removal or deletion of any content submitted or posted on the Website.
You agree to defend, indemnify and hold ETC harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorneys’ fees, arising from or related to your use of our Website and/or from any breach of these Terms, or any representation or warranty by you.
9 Electronic communications
When you use the Website, or send emails to us, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Website. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide to us on the Website.
10 Entire agreement and assignability
These Terms constitute the entire agreement of between you and ETC regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into this agreement.
If any clause in these Terms or a contract shall become or shall be declared to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms or a contract shall be capable of continuing in effect without the unenforceable clause.
No failure or delay by us or you in exercising any right under these terms and conditions or a contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these terms and conditions or a contract.
If any content on the Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
13 Dispute resolution
The Website is void where prohibited by law. These Terms shall be governed by and construed in accordance with Belgian law, and you irrevocably submit to the exclusive jurisdiction of the Belgian courts, without giving effect to any conflict of law rules.