- Warranties
By registering for or submitting an entry to the Hackathon, Participant represents and warrants the following:
- Participant will not submit content or information that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property rights or other proprietary rights, including privacy and publicity rights, unless Participant is the owner of such rights or has permission from their rightful owner to post the content and participate in the Hackathon;
- Participant will not publish falsehoods or misrepresentations that could damage the Hackathon, HAVIK, sponsors, or any other third party;
- Participant will not submit content or information that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or destructive to the Hackathon or to the brand image or goodwill of HAVIK or sponsors;
- Participant will not post advertisements or solicitations of business;
- Liability
To the maximum extent permitted under applicable law, the total liability of HAVIK, its directors, officers, employees, agents, representatives, affiliated companies, vendors, contractors, content partners, and sponsors (collectively, “Indemnitees”) is limited to the reimbursement of direct damages up to a maximum of 500 EUR.
Under no circumstances shall the Indemnitees be liable for:
- any indirect damages, consequential losses or incidental claims resulting from any person’s participation (or attempted participation) in the Hackathon and/or this Website, including but not limited to financial or commercial losses, loss of profit, increase of general expenses, missed savings opportunities, diminished goodwill, loss of capital/data/information, missed opportunities.
- damages resulting from error or negligence of the Participant;
- damages or losses resulting from technical problems or technical malfunction or other occurrences which may affect the operation of the Website or the Hackathon, including but not limited to: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; failure of any e-mail or website transmissions to be sent to or received; inaccessibility of any third party service being used in connection with the Website or the Hackathon (including but not limited to any third party websites or Internet service providers); traffic congestions on the Internet or the Website; and/or inaccessibility or unavailability of an email account, app or other item used or desired to be used in connection with the Hackathon or this Website)
- compensation of any direct and indirect damages caused by i) the use of the result of the Hackathon or ii) software or hardware supplied or created by third parties,
- all claims of third parties brought against the Participant.
To the maximum extent permitted under applicable law, the Participant agrees to indemnify and hold harmless Indemnitees from and against any and all claims, suits, actions, losses, expenses, damages, penalties, and costs, including reasonable attorneys’ fees resulting from any actual or alleged violation of these Terms and Conditions by you, use of the Website by you and/or your participation in the Hackathon.
- Force Majeure
HAVIK shall not be in default if the performance of any of its obligations under these Terms and Conditions is partly or wholly delayed or prevented by reason of Force Majeure. Force Majeure means any event, occurrence or cause beyond the reasonable control of HAVIK, where the performance of its obligations is made impossible, in whole or in part, temporarily or otherwise. Such events, occurrences or causes, include (without limitation) fire, strike, war, terrorism, unfavorable weather conditions, the immediate termination of cooperation with or force majeure of suppliers of the Service Provider, defectiveness of goods, equipment, software or materials of third parties, the use of which was imposed on the other Party by one Party, government measures, failure of internet, data network or telecommunication facilities, the unavailability of servers of third parties or the unavailability of Personnel not attributable to the Parties and/or their material, general transport problems and electricity failure.
Cases of Force Majeure will not entitle you to any compensation.
- Intellectual property
The intellectual property rights on the Website, including trademarks, logos, drawings, data, product or company names, texts, images, etc. and the information, interactive applications etc. are owned by HAVIK and are also protected by copyright. Copying, modifying or altering part of all of this Website in whatever form or manner without the express permission of HAVIK is prohibited. Civil and criminal proceedings will be brought against anyone in breach of this condition.
- Applicable law
The present Terms and Conditions shall be governed by and construed exclusively in accordance with Belgian law. All disputes arising out of or in connection with these Terms and Conditions shall be exclusively settled by the competent courts of Antwerp (Division Antwerp).