Terms and Conditions

​PLEASE READ THESE TERMS AND CONDITIONS, WHICH INCLUDE OUR PRIVACY POLICY, BECAUSE THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND W-CUP BVBA, DE WEVEN 15, 3573 BERINGEN. A COMPANY FOUNDED IN BELGIUM, HEREINAFTER REFERRED TO AS “WCUP”, “we” or “us”.

Thank you for visiting http://www.wcup.be/eu/ and/or http://www.wcupchina.com/ (the “Site”). WCUP maintains the Site for your personal entertainment, information, education and communication. Feel free to browse the Site, but please read these Terms and Conditions before doing so. We hope you find our Site informative and enjoyable. Please read these Terms and Conditions carefully because by using our Site, using, downloading or installing any software and/or Content (as defined herein) available from or through our Site (or attempting to do any of these) it means that you agree to be bound by and comply with these Terms and Conditions, which include and incorporate our Privacy Policy.

User Submissions

The Personal Information you submit to the Site is governed by the Privacy Policy. When we use the term “Personal Information” we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, email address, gender and any other information that would allow someone to identify you or contact you. You agree you will not send, upload or transmit any communication or content of any type that infringes upon or violates any rights of any party or violates these Terms and Conditions. By submitting or otherwise exchanging communications or content, you understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated, and you agree that all such User Content will not be considered or treated as confidential and (i) you acknowledge and understand others may see, read, use or re-transmit such User Content, (ii) you explicitly represent and warrant that you are the owner of such User Content or have all rights and licenses necessary regarding such User Content and (iii) that WCUP is thereby granted for an indefinite period of time, a royalty-free, irrevocable, unrestricted world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such User Content in any media or medium, or any form, format, or forum now known or hereafter developed. WCUP may sublicense its rights through multiple tiers of sublicenses. WCUP, however, is under no obligation to use the User Content.

The Site may include various forums, blogs and chat rooms where you can post your ideas, observations and comments on designated topics. This includes WCUP’s Facebook and Twitter pages. We cannot guarantee that other users (or other parties) will not use the ideas that you share. Therefore, if you have an idea that you would like to keep confidential and/or do not want others to use, do not post it to the Site.

Acceptable Use Policy (AUP)

WCUP expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, you should report such activity to WCUP.

You are solely responsible for the User Content that you post on the Site or transmit to other users and agree that you will not hold WCUP responsible or liable for any User Content from other users that you access on the Site. Any User Content you provide to us should reflect your honest opinions, findings, beliefs or experience, and are within your personal knowledge.

Categories of prohibited User Content below are merely examples and are not intended to be exhaustive. WCUP will make the sole determination as to whether or not User Content is acceptable for the Site. Without limitation, you agree that you will not post or transmit to other users any User Content that:

a. is defamatory, abusive, obscene, profane or offensive;

b. includes photographs, depictions or references to any people other than yourself, unless you have obtained all necessary permissions from those people;

c. includes any material that is owned by anyone else or any company (such as video or film footage, photographs, pictures, drawings, cartoons, artwork, trademarks, visible logos, insignia, signage, slogans, phrases, written text, or other materials), unless you have obtained all required permissions from the owners;

d. contains music (unless WCUP specifically invites you to include music in User Content in a particular situation);

e. contains material that otherwise infringes or violates another party’s right of publicity, right of privacy or intellectual property rights of any person or company;

f. contains any e-mail addresses, URLs, phone numbers, physical addresses or other forms of contact information;

g. is threatening or harassing or that promotes racism, bigotry or hatred of any kind against any group or individual;

h. promotes or encourages violence against a person;

i. is inaccurate, false or misleading in any way, including, but not limited to, User Content that falsely impersonates any person or organization, that misrepresents an affiliation with another person or organization, or that contains slanderous, libelous, critical, disparaging or spiteful content regarding any person or company or User Content submitted by another user of the Site;

j. is illegal or promotes any illegal activities;

k. provides links to any external websites that violate this AUP, the Terms and Conditions or the Privacy Policy;

l. promotes illegal or unauthorized copying of another person’s copyrighted work or links to websites where infringing content can be found or provides information to circumvent security measures; m. contains ‘masked’ profanity n. 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;

o. contains any advertising, promotional materials, ‘junk mail,’ ‘spam,’ ‘chain letters,’ ‘pyramid schemes,’ or any other form of solicitation or reference to any other product, offer or website; or

p. does not otherwise comply with these Terms and Conditions.

q. You may not upload or use avatars that violate this AUP or the Terms and Conditions.

WCUP is under no obligation to screen or monitor User Content, but may review User Content from time to time at its sole discretion to review compliance with this AUP. WCUP will make all determinations as to what User Content is appropriate in its sole discretion. We may include, edit or remove any User Content at any time without notice.

You understand that when using the Site, you will be exposed to User Content from a variety of sources, and that WCUP is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such User Content. You may not use spiders, robots, data-mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. You may not harvest or collect e-mail addresses or other contact information of other users of the Site by electronic means. Further, you may not use any such automated means to manipulate the Site or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not resell use of, or access to, or link the Site to any third party, without prior written consent.

In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Site, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

Content and Copyright, Trademark, and Related Issues

The contents, including information, text and graphics and all other material contained on the Site or features and functions we make available on our Site (collectively, the “Content”) are for your personal informational purposes only, once you have agreed to be bound by these Terms and Conditions. We authorize you to view or download a single copy of the Content solely for your personal, non-commercial use. You must not delete or alter any copyright or other notice we place on any Content. Content is owned by us or our licensors and is protected by copyright, trademark and other laws and regulations of the states in which WCUP operates. You may not use Content in any way not expressly permitted by these Terms and Conditions and if you do, your right to use the Content will automatically terminate. The Content and the Site generally, are subject to change or elimination without notice.

The trademarks, names, slogans, logos, characters and service marks (collectively “Trademarks”) displayed on our Site belong to us or have been licensed to us. Nothing contained on our Site should be construed by users of the Site, as granting any license or right to use any Trademark displayed on our Site. Your use/misuse of the Trademarks displayed on our Site, except as provided in these Terms and Conditions, is strictly prohibited. WCUP will litigate and refer the matter to the proper authorities and aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution, if applicable. All rights not expressly granted herein are reserved.

Nutrition, Fitness and Well Being Information

Certain Content presented on Site is intended to impart general nutrition, fitness and wellness information. The Content is not intended to be construed as or be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of anything on or associated with our Site. If you think you may have a medical emergency, call your doctor immediately. Neither we nor the Site recommend or endorse any specific tests, physicians, products, procedures, opinions, course of treatment or therapy or other information on or associated with the Site. You should always consult your own qualified health care professional concerning your particular circumstances and need and not rely on our Site or Content. By using our Site you are agreeing to do so solely at your own risk.

Linking / Third Party Links on Our Site

Our Site may contain links to other websites. WCUP does not recommend, monitor, control or endorse any third party advertising or content, or the content on any third-party websites and is not responsible for such websites’ terms of use or privacy policies or how they may treat your personal information. Your use of any third-party websites which you access through our Site is exclusively at your own risk. Please be mindful of this as you link to other sites.

In general, WCUP does not object to allowing links to our Site from third-party websites.

However, you must abide by the following rules:

-Unless we have a written agreement with you, you may not use any of our Trademarks in or associated with your links, except that you may link to our Site using the plain text name of our Site.-Do not present the link to our Site in any way that suggests WCUP or our Site has any relationship or affiliation with your website or endorses, sponsors or recommends the information, products or services on your website, unless you have a specific written agreement with WCUP which allows that.
-Link only to the home page of our Site.
-Do not, without WCUP’s written permission, (a) incorporate any content from our Site into your website (e.g., by in-lining or framing); or (b) use any of our Trademarks or any words or codes identifying our Site in any “metatag” or other information used by search engines or other information location tools which identify and select websites.


WCUP will not tolerate links from any obscene, scandalous, profane, defamatory, unlawful website, or any website that may adversely affect the name, reputation and goodwill of WCUP and its products. WCUP reserves the right to cancel permission to link at any time, for any reason.Limitation of Liability

The use of the Site and Content is exclusively at your own risk and are provided “as is”. Transmissions over the internet and communications networks are not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or our Site.

TO THE FULLEST EXTENT PERMITTED BY LAW, WCUP AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE.

In no event shall WCUP, the Site, our licensors, suppliers and Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, WCUP shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to U.S. $5000, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.

Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms and Conditions shall always be construed to take full advantage of their meaning to the extent permitted by law, you should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.

Indemnification

You agree to defend, indemnify, and hold WCUP, its officers, directors, employees, agents, licensors, suppliers, subsidiaries and assigns harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General

WCUP’s headquarters are located in De Weven 15, 3583 Beringen, in Belgium. If you access the Site from the United States, the terms and conditions of WCUP USA shall apply.

Law that Applies; Interpretation and Modification

You expressly agree and personally submit to the exclusive jurisdiction of the courts of Antwerp, Belgium, to adjudicate and resolve any dispute with WCUP, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site, including, Content or User Content.

YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO CLAIM THAT THE COURTS OF ANTWERP ARE AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.

These Terms and Conditions are governed by the substantive laws of Belgium. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We may modify these Terms and Conditions, including our Privacy Policy, at any time and although we will generally try and provide at least 30 days’ advance notice of the effective date of any material modification, if we do not provide advance notice, the modification will take effect when we post the change on our Site. Accordingly, we urge you to check our Site frequently so that you are aware of WCUP’s Terms and Conditions most up to date.

Copyright Violations

WCUP respects the intellectual property rights of others. If you believe that your work has been copied on our Site in a way that constitutes copyright infringement, please provide WCUP’s Copyright Agent with the information relating to such claimed infringement by mentioning the information as set out below, including clear proof of your claimed right(s). It is WCUP’s policy to respond to such notifications at short notice. This will always be under reservation of our right to verify the lawful character of your notification.

While you may call us, this does not constitute a proper notification of alleged infringement to us. To be considered effective, a notification of alleged infringement must be submitted in writing and include the following information:

(a) Physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

(b) Identification of the copyrighted material claimed to have been infringed.

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled.

(d) Information reasonably sufficient to permit WCUP to locate the material that is claimed to be infringing or to be the subject of infringing activity.

(e) Information reasonably sufficient to permit WCUP to contact you, such as a physical address, email address, and telephone number.

(f) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(g) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.

Complete Agreement

These Terms of Use, including our Privacy Policy, constitute the entire agreement between you and WCUP regarding the use of Site and supersedes any and all other terms, representations, promises or discussions. Only WCUP has the authority to agree to make any amendments to these Terms and Conditions, and to be considered binding, all amendments must be in writing and executed by WCUP Questions or comments regarding this Site, including reports of non- functioning links, should be submitted using our “Contact Us” form or via mail to: WCUP BVBA, De Weven 15, 3583 Beringen, Belgium.

WCUP MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING

Effective Date: 30.08.2015