Terms of use
April 2017

Welcome to GreatNewCity, a service provided by GreatNewCity Limited (“GreatNewCity”, “we”, “our”, or “us”), Schipvaartstraat 14, bus 204, 3000 Leuven, Belgium, with company registration nr BE0500.772.396.

GreatNewCity Limited provides access to the GreatNewCity website, at the url www.greatnewcity.com and related urls (the “Website”), and all current and future services, software, tools, applications, data and the GreatNewCity API (the “Services”). The Website and the Services are referred to together in these Terms & Conditions as the “Platform".

1. Accepting the Term & Conditions

These Terms & Conditions govern your use of the Platform. They apply solely to the Platform and not to any other website or any offline activities of GreatNewCity (unless stated). By accessing or using the Platform, registering an account, or by including but not limited to accepting, uploading, submitting or downloading any information or content from or to the Website and/or use of the Services you represent and warrant that you have read and understood the Terms of Use, Privacy Policy & Cookies Policy, will abide by them, and that you are either 18 years of age or more, or you are 16 years of age or more and have your parent(s)’ or legal guardian(s)’ permission to use the Platform. If you do not agree to any of the provisions set out in those documents, you should not use the Website, Apps or any of the Services.

2. Changes to the Platform and the Terms & Conditions

We reserve the right to add, delete or amend parts of these Terms & Conditions at our sole discretion and at any time without prior notice to you. We will post any changes to the Terms & Conditions on this page and will indicate the effective date of the revised Terms & Conditions at the top of the page. It is important for you to refer to these Terms & Conditions from time to time to make sure that you are aware of any changes that we may have made. By continuing to use the Platform you are agreeing to be bound by the revised Terms & Conditions.

3. Description of the Platform

The platform is a hosting service. Access to the Platform currently provides users with access to the Services and further online tools and resources such as information, personalised content, social features and targeted advertising messages. The Platform enables registered users to upload, share and discover content with all other users on the Platform, which will be stored by GreatNewCity at the direction of such registered users, and other users of the Platform, using the tools and features provided as part of the Platform and accessible via the Website, Apps and elsewhere.

We may, from time to time, release new tools and resources on the Website, release new versions of our apps, or introduce other serves and/or features for the Platform. Any new services and features will be subject to these Terms of Use as well as any additional terms of use the we may release for those specific services or features.

We may add, amend or remove any aspect of the Website and/or the Services at any time without notice. We may also impose limits on certain features and/or restrict access to parts of or all of the Platform without notice or liability to you or any third party. In order to use the Website, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.

4. Your GreatNewCity Account

You are not obliged to register to use the Platform. However, access to the Apps and certain Services is only available to registered users. When you register to use the Platform, you will provide us with your email address, real name and will choose a password for your account. You are solely responsible for maintaining the confidentiality and security of your password, and you will remain responsible for all use of your password, and all activity emanating from your account, whether or not such activity was authorised by you.

If you have reason to believe that your user account is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of your account ID or password), you will immediately notify GreatNewCity. You may be liable for the losses incurred by GreatNewCity or others due to any unauthorised use of your account.

You agree that the information you provide to GreatNewCity upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You acknowledge, consent and agree that GreatNewCity may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal processes; (b) enforce these Terms & Conditions; (c) respond to a claim that any information submitted by a user violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of GreatNewCity, its users and the public.

We reserve the right to disallow, cancel, remove or erase certain accounts and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use or our Community Guidelines, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

5. Intellectual Property Ownership and Licence

Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to the Platform existing now or in the future (including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, animations, databases, logos, domain names, trade names and trade identities - collectively referred to as the "Content") are the property of GreatNewCity, its subsidiaries, affiliates and/or licensors. The Content does not include User Submissions (as defined below) or any other content owned by and submitted by users to the GreatNewCity Platform. Unless expressly granted in writing by GreatNewCity, no rights in or to the Content except those expressly set forth within these Terms & Conditions are granted to you. The copying, reproduction, re-arrangement, sale, leasing, renting, lending, distribution, redistribution, modification or adaptation, downloading, sideloading, exchanging, creating of derivative works, uploading, posting, transmitting, communication to the public or publication by you, directly or indirectly, of the Content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional notices, information or restrictions in respect of the Platform contained in any part of the Website and/or Services. Exploiting any part of the Platform for a purpose that is not permitted by these Terms & Conditions is expressly prohibited without prior written permission from GreatNewCity or the applicable intellectual property rights holder as identified on the Website. Subject to your strict compliance with these Terms & Conditions, GreatNewCity grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable licence to: 1. consume content on the Website 2. submit or upload content to the Website strictly as permitted in accordance with these Terms & Conditions and any other terms posted on the Website; 3. and participate in the GreatNewCity social features and communicate with other members of the GreatNewCity community; You may not embed or otherwise exploit GreatNewCity widgets for commercial gain (which includes, for example and without limitation, selling advertising on your site or otherwise monetising any element of your site which contains a GreatNewCity widget). GreatNewCity alone shall be responsible for determining, in its discretion, whether any use of a GreatNewCity widget constitutes commercial use in each individual case.

6. Links and Third Party Content

GreatNewCity or third parties may provide links on the Platform to other sites or content ("Other Sites"). GreatNewCity has no control over such Other Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Other Sites or content linked to by the Platform. The Platform provides links to you only as a convenience, and the inclusion of any link on the Platform does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. Access and use of Other Sites, including the information, material, products and services on Other Sites and/or available through Other Sites, is solely at your own risk. When you leave the Platform, our Terms & Conditions no longer govern. You should review applicable Terms & Conditions, including the privacy and data gathering practices, of any Other Sites. In addition, third party advertisers or commercial partners may offer goods, services and other materials to you on the Platform. Your correspondence and business dealings with others found on or through the Platform and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the relevant third party. GreatNewCity will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on or through the Platform. Descriptions of, or references to, products, services or publications on the Platform do not imply endorsement of that product, service or publication.

7. Our Linking and Widget Policy

You may include links to the Website or include widgets in any website under the following criteria: (a) You may link to, but not replicate, the Content; (b) You must not imply that GreatNewCity or the Platform are endorsing or sponsoring your website or its products, unless GreatNewCity has given its prior written consent; (c) You must not present false information about GreatNewCity or its products or services; (d) You must not use any GreatNewCity Content or Services except as expressly permitted in these Terms & Conditions or without prior permission from GreatNewCity; (e) The website must not contain content that is illegal, obscene or defamatory, or that could be construed as distasteful, offensive or controversial; (f) The website must not support, endorse or encourage piracy or the unauthorised exploitation of intellectual property rights.

By linking to or embedding a widget in a third party website, you agree that you do and will continue to comply with the above linking and embedding requirements. We reserve the right to deny permission to link to the Website or embed widgets for any reason in our sole and absolute discretion. GreatNewCity widgets are designed to enable our users to share GreatNewCity with their friends. You are strictly prohibited from using any of the GreatNewCity widgets for any form of commercial use, unless with prior written consent from GreatNewCity. If you are the operator of a commercial website and would like to include GreatNewCity widgets in your website, or if you would like to use the widgets for commercial purposes, please contact us by emailing feedback AT GreatNewCity DOT com. GreatNewCity reserves the right to remove links or to block GreatNewCity widgets at any time and for any reason in its absolute discretion.

8. Prohibited Uses

1. As a condition of your use of the Platform, you will not use the Platform for any purpose that is unlawful or prohibited by these Terms & Conditions. Access to the Platform from territories where their access or use thereof is illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, or privacy. 2. Any use by you of the Platform other than for private, non-commercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Platform, use of the Platform, access to the Platform, or Content obtained or available through the Platform, for any purpose other than for your personal, private, non-commercial purposes. 3. You agree not to defame, harass, abuse, threaten, stalk or defraud users of the Platform, or collect, or attempt to collect, personal information about users or third parties without their consent. 4. You agree not to intentionally interfere with or damage, impair or disable the operation of the Platform or any user's enjoyment of it, by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code. 5. You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Platform, including but not limited to any features that prevent or restrict the use or copying of any content accessible through the Platform, or features that enforce limitations on the use of the Platform. 6. You agree not to attempt to gain unauthorised access to the Platform, or any part of it, other accounts, computer systems or networks connected to the Platform, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform. 7. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform. You agree neither to modify the Platform in any manner or form, nor to use modified versions of the Platform, including, without limitation, for the purpose of obtaining unauthorised access to the Platform. 8. You agree that you will not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform. 9. You agree not to utilise framing techniques to enclose any trademark, logo, or other Content without our express written consent. You agree not to use any meta tags or any other "hidden text" utilising GreatNewCity’s name or trademarks without our express written consent. 10. You will promptly remove any links that GreatNewCity finds objectionable in its sole discretion. You agree not to use any GreatNewCity logos, graphics, or trademarks as part of the link without our express consent. 11. You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Platform. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures. 12. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 13. You agree not to modify, adapt, translate or create derivative works based upon the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 14. You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the GreatNewCity Platform, features that prevent or restrict the use or copying of any content accessible through the GreatNewCity Platform, or features that enforce limitations on the use of the GreatNewCity Platform. The GreatNewCity Platform contains programming limitations that are enforced through technical measures adopted by GreatNewCity, and any efforts to disable or defeat those efforts for the purpose of violating any provisions of the statutory licenses set forth in Sections 112 and 114 of the U.S. Copyright Act is strictly prohibited. 15. You represent, warrant and agree that you will comply with the above acceptable use requirements. GreatNewCity reserves the right, in its sole discretion, to terminate any user's account or take such other action as GreatNewCity sees fit in relation to any user who partakes in any of GreatNewCity’s prohibited uses or in breach of any of the other terms set forth herein. In extreme cases or as required by law or regulation, GreatNewCity reserves the right to take court action and/or report users to the relevant authorities.

9. Copyrights and Copyright Agents

GreatNewCity aims to respect the intellectual property rights of others. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied, used, or made available on or through the GreatNewCity Website in a way that constitutes copyright infringement of your intellectual property, please provide our copyright agent with a copyright infringement notice ("Notice") which should include the following written information: 1. a statement that you have identified material on the Website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); 2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notice, a representative list of such works at that site; 3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GreatNewCity to locate the material (e.g. a URL and/or screen shot); 4. your full name, email address, postal address and telephone number on which you can be contacted; 5. a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; 6. a statement by you that the information in the Notice is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of the exclusive right that is allegedly infringed; and 7. a physical or electronic signature (which may be a scanned copy) of a person authorised to act on behalf of owner of the work that is allegedly infringed. GreatNewCity’s agent for notice of claims of copyright infringement on or regarding the Website can be reached as follows: copyrights AT GreatNewCity DOT com If you are unsure about your rights in respect of material, or whether there has been an infringement of your rights, we suggest you take legal advice before sending a Notice to GreatNewCity.

10. User Submissions

a. General.The Platform permits the submission and posting or linking of images, commentary or any other content submitted by you and other users ("User Submissions"), and the hosting, sharing, and/or publishing of such User Submissions. User Submissions are displayed for informational purposes only and are not controlled by GreatNewCity. GreatNewCity makes no representations that it will publish or use your User Submissions in any way and may or may not use your User Submissions in its sole discretion. You understand that whether or not such User Submissions are published, GreatNewCity does not guarantee any confidentiality with respect to any User Submissions. b. Grant of Rights. You shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to GreatNewCity, you hereby grant GreatNewCity and its affiliates a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicenseable, and transferable license, throughout the universe, to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the GreatNewCity Platform, including, without limitation, for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You hereby grant GreatNewCity and its affiliates and sublicensees the right to use the name that you submit in connection with such User Submission if they choose to do so. You hereby irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each user of the Platform a non-exclusive license to access your User Submissions through the Platform, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Platform and these Terms & Conditions. c. User Submissions Representations and Warranties. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorise GreatNewCity to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by GreatNewCity and these Terms & Conditions and to grant the rights and license set forth above, and (ii) your User Submissions, GreatNewCity’s use of such User Submissions pursuant to these Terms , and GreatNewCity’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation. d. User Submissions Prohibited Uses. In connection with your User Submissions, you further agree that you will not: (i) publish misrepresentations that could damage GreatNewCity or any third party; (ii) submit material that is unlawful, defamatory, libellous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or is otherwise inappropriate; (iii) post advertisements or solicitations of business; (v) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or (v) post User Submissions that would be harmful to minors in any manner. e. In any case of violation of any of the above user submission rules and requirements or as required by law or regulation, GreatNewCity reserves the right to take court action and/or report users to the relevant authorities, for instance but not limited to when a user submission becomes subject of a copyright infringement note.

11. Content

a. GreatNewCity allows you to upload informational content, and then have that content distributed through the GreatNewCity Platform.You hereby represent and warrant that you have the necessary licenses, rights, consents, and permissions to use and authorise GreatNewCity to reproduce, publicly perform, and otherwise use Content uploaded by you in the manner outlined by GreatNewCity and these Terms. You further represent and warrant that you have taken no steps, either directly or indirectly, to intentionally defeat any technological measures implemented by GreatNewCity to ensure the compliance with any laws or regulations, including, but not limited to, limitations set forth in Sections 112 and 114 of the United States Copyright Act. b. Content disclaimer. You understand that when using the GreatNewCity Platform, you will be exposed to User Submissions and other content (such User Submissions and other content, collectively known as "Content") from a variety of sources, and that GreatNewCity is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GreatNewCity with respect thereto. GreatNewCity does not endorse any User Submission or other Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will GreatNewCity be liable in any way for or in connection with any User Submissions or other Content, including, but not limited to, for any inaccuracies, errors or omissions in any Content, any intellectual property infringement with regard to any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, electronically mailed or otherwise displayed or transmitted through the GreatNewCity Platform. c. Monitoring Users and Content. You understand that all Content is the sole responsibility of the person from whom such Content originated. This means that you, and not GreatNewCity, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit or otherwise make available through the GreatNewCity Platform. GreatNewCity does not control the Content posted by Users or otherwise made available by other persons and does not have any obligation to monitor such Content for any purpose. If at any time, GreatNewCity chooses, in its sole discretion, to monitor Content, GreatNewCity nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You acknowledge that GreatNewCity may or may not pre-screen User Submissions, but that GreatNewCity and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Submission that is available via the GreatNewCity Platform. Without limiting the foregoing, GreatNewCity and its designees may, at any time and without prior notice, remove any User Submission that in the sole judgment of GreatNewCity violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any User Submissions or other Content, including any reliance on the accuracy, completeness, usefulness or legality of such User Submission or other Content. d. Removal of Content. GreatNewCity, its affiliates and other designees shall have the right (but not the obligation) to refuse or remove any Content that is available on the Platform, in whole or in part, at any time for any reason or no reason, with or without notice and with no liability of any kind.

12. Disclaimer of Warranties

THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT, SOFTWARE, AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GREATNEWCITY AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE PLATFORM; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE PLATFORM; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE PLATFORM; (D) THE MESSAGES, CONTENT AND INFORMATION SENT FROM OR THROUGH THE PLATFORM BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL OR DATA TRANSMITTED BY USERS TO THE PLATFORM; (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PLATFORM OR ANY LINKED SITE. GREATNEWCITY DOES NOT WARRANT THAT THE PLATFORM, ANY OF THE PLATFORM FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GREATNEWCITY DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE PLATFORM ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, GREATNEWCITY SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PLATFORM, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE, THE SERVICES OR THE CONTENT. FURTHER, GREATNEWCITY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. GREATNEWCITY, ITS SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR ANY OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "GREATNEWCITY ENTITIES AND INDIVIDUALS") SHALL NOT BE LIABLE IN ANY EVENT FOR THE USE OF THE PLATFORM OR ANY OTHER SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE DISCLAIMER MAY NOT APPLY TO THE EXTENT THE LAW OF SUCH JURISDICTION IS APPLICABLE TO THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.

13. Limitation of Liability

IN NO EVENT SHALL GREATNEWCITY’S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 EURO OR THE AMOUNTS (IF ANY) PAID BY YOU TO GREATNEWCITY DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. GREATNEWCITY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR: 1 ANY LOSS OR DAMAGE ARISING FROM:
(A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;
(B) ANY CHANGES THAT GREATNEWCITY MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
(C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY GREATNEWCITY OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
(D) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
(E) YOUR FAILURE TO PROVIDE GREATNEWCITY WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR PASSWORD SUITABLY CONFIDENTIAL;
(F) ANY MISCONDUCT BY OTHER USERS OR THIRD PARTIES USING THE PLATFORM, ESPECIALLY IN BREACH OF THE AGREEMENT; 2 ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR 3 ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF GREATNEWCITY BREACHING THESE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND GREATNEWCITY AT THE TIME YOU AGREE TO THESE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO GREATNEWCITY AS SOON AS POSSIBLE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GREATNEWCITY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND GREATNEWCITY, AND THAT GREATNEWCITY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES THE LIABILITY OF GREATNEWCITY, ITS SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS: (I) FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE, (II) FOR ANY FORM OF FRAUD OR DECEIT, (III) FOR ANY DAMAGES CAUSED WILFULLY OR BY GROSS NEGLIGENCE, OR (IV) FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

14. Indemnification

You Hereby agree to indemnify, hold harmless, and keep GreatNewCity, its subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorney’s fees arising out of or in connection with these Terms & Conditions, including, without limitation: (a) your use of the Platform; (b) your violation of these Terms & Conditions or any law, rule or regulation; (c) your use of the Content; or (d) your placement or transmission of any of your User Submissions or any other content or materials on or through the Platform. You will cooperate as fully and reasonably as required by GreatNewCity in the defence of any claim. Notwithstanding the foregoing, GreatNewCity retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against GreatNewCity herein under the terms and provisions of this Section 14 and in no event shall you settle any such claim without GreatNewCity's prior written approval.

15. Governing Law

These Terms & Conditions and the interpretation of these Terms & Conditions shall be governed by and construed in accordance with the laws of Belgium.

16. Miscellaneous

Unless otherwise stated, any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Website or Service are incorporated by this reference into these Terms & Conditions. You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Platform and the Content, including, without limitation, those governing your transmission or use of any software or data. These Terms & Conditions and any applicable end user licence or similar agreements contain the sole and entire agreement between GreatNewCity and its users with respect to the Platform, the Content and User Submissions and supersedes any and all other prior written or oral agreements between GreatNewCity and its users. If any provision of these Terms & Conditions shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms & Conditions. No waiver on the part of GreatNewCity of any of these Terms & Conditions will be of any force or effect unless made in writing and signed by a duly authorised officer of GreatNewCity. Nothing in these Terms & Conditions are intended to confer on any third party (whether referred to in the Terms & Conditions by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of these Terms & Conditions.

17. Termination

You understand and agree that GreatNewCity will determine your compliance with these Terms & Conditions in its sole discretion. GreatNewCity reserves the right to restrict, suspend, deny or terminate access to all or part of the Website or any Service and to deny access to any person in its sole discretion without notice or liability of any kind. GreatNewCity maintains a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights and/or any other breaches of any of these Terms & Conditions. Any violation of these Terms & Conditions may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by GreatNewCity, you must destroy all materials obtained from the Platform and all related documentation.

18. Data Protection, Privacy and Cookies

All personal data that you provide to us in connection with your use of the Platform is collected, stored, used and disclosed by GreatNewCity in accordance with our Privacy Policy. In addition, in common with most online services, we use cookies to help us understand how people are using the Platform, so that we can continue to improve the service we offer. Our use of cookies, and how to disable cookies, is explained in our Cookies Policy. By accepting these Terms of Use and using the Platform, you also accept the terms of the Privacy Policy and our Cookies Policy.