Terms and Conditions
Terms of Use
Welcome to the Web site operated by PURAVISA BVBA (hereinafter "we," "us", “PURAVISA”), The Aspiration Agency, a Belgian Limited Liability For Profit Corporation. We maintain this Web site, www.aspirationplatform.com (the "Website" or “the Aspiration Platform”), as a service to our visitors (our Site and such services, collectively, our "Services"). By viewing and using this Website, you agree to comply with and be legally bound by the following terms of use ("Terms"), whether or not you become a registered user of the Services.
You acknowledge and agree that the following Terms of Use constitute a legally binding agreement (hereinafter the “Agreement”) between you (hereinafter “YOU” or the “USER”) and PURAVISA in relation to your use of PURAVISA’s Aspiration Platform at www.aspirationplatform.com (hereinafter “Website” or “the Aspiration Platform”) and any services or products that PURAVISA provides (hereinafter “Services”). You warrant to PURAVISA that you have read and understood the Terms of Use, and that you have the legal capacity to enter into this Agreement. Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise continue using this Site. Failure to use this Site in accordance with the following terms of use may subject you to severe civil and criminal penalties.
PURAVISA reserves the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is noted at the end of the Terms of Use. Your continued use of our Services constitutes your acceptance of such changes. It is the USER’s responsibility to check the Terms of Use from time to time for updates.
If these Terms of Use are changed to the disadvantage of the USER, PURAVISA will notify USER and the revised Terms of Use will become effective within four (4) weeks after such notification, unless User terminates his/her account in writing. If USER does not agree to the revised Terms of Use, USER’s may cancel his/her USER account and stop using PURAVISA’s Website and Services.
In the future, PURAVISA may release new services and/or features including the release of new tools, services and resources on its Website. Such new features or services shall also be subject to the present Terms of Use as well as any additional Terms of Use that PURAVISA may release for those new features or services.
DESCRIPTION OF SERVICE
On this Website, PURAVISA acts as a hosting service provider providing USER with an Internet platform, electronic tools, features and services enabling USER to share and discover aspiration related information with other users of PURAVISA’s Website and Services.
PURAVISA’s Website and Services are provided on an “as is” and “as available” basis. USER acknowledges to use PURAVISA’s Website and Services at own risk.
USER ACCOUNT RULES
To make the website useful and keep it safe, we encourage authenticity and many Aspiration Platform users provide their real names and information. Here are some commitments you make to us relating to registering and maintaining the security of your account.
Because user verification on the Internet is difficult, we cannot and do not confirm each USER’s purported identity. You are responsible for determining the identity and suitability of others with whom you engage by means of this Site. We do not endorse any persons who use or register for our Services. We do not investigate any user’s reputation, conduct, morality, criminal background, or verify the information such user may submit to the Site. We encourage you to communicate directly with registered users through the tools available on the Site and to take the same precautions you would normally take when meeting a stranger in person for the first time.
When USER registers for PURAVISA’s Services, USER may choose a username and password and will receive a user account from PURAVISA. The USER is solely responsible for maintaining the confidentiality and security of his/her username, password and account, and shall be responsible for all uses of his/her username and password, whether or not authorized by USER. You must log off from your account at the end of each session on our Site.
As a USER, you shall abide by the following rules:
• You can create an account with a pseudonym name and with very limited personal information but you will not provide any false or deceiving personal information on The Aspiration Platform, or create an account for anyone other than yourself without permission.
• You will keep your contact information accurate and up-to-date.
• You will not create more than two personal profiles
• If we disable your account, you will not create another one without our permission.
• You will not use The Aspiration Platform if you are under 13.
• You will not use The Aspiration Platform if you are a convicted sex offender or terrorist.
• You will not transfer your account to anyone without first getting our written permission.
• You will not provide sensitive personal details (e.g. full physical address, credit card details) to anyone via the Aspiration Platform.
• If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
USER shall notify PURAVISA immediately in writing of any unauthorized use of USER’s account including, without limitation, unauthorized use of USER’s password and/or username, or any other breach of confidentiality or data security. PURAVISA can be contacted at problemreporting@puravisa.com.
It is strictly prohibited to make use of any electronic tools, including spiders, robots (bots), crawlers, data mining tools, or any other automated means on PURAVISA’s Website or Services, regardless of the purpose and/or configuration and/or mode of operation of such electronic tools. This does not include any legitimate means approved of by PURAVISA or employed solely for using and connecting to the PURAVISA Application Programming Interface (“API”) when available.
PURAVISA may disallow or remove certain usernames and may, with or without prior notice, close USER’s account if and when activities occur on that account which constitute, at PURAVISA’s reasonable discretion, a potential to harm society or other individuals, a violation of the present Terms of Use and/or an infringement of other applicable laws and regulations or third party rights. PURAVISA may also remove Pura Credits from a user account or aspiration or user related information or other rights for aforementioned reasons.
USER can delete Aspiration related information or cancel his/her account at any time in the profile settings. USER is solely responsible for updating and cancelling his/her account via the Website. A telephone request, mail or e-mail from USER to cancel the account will not be considered a proper cancellation. Upon cancellation of USER’s account, any and all information, photos, pictures, comments, communications and other content, data or information of USER can be irretrievably deleted by PURAVISA, with the exception of such data PURAVISA may be obligated to store for a certain period of time in accordance with applicable laws and regulations.
SPECIAL PROVISIONS RELATED TO THE INTERNATIONAL REACH OF THE ASPIRATION PLATFORM
We strive to create a global community with consistent standards for everyone and we also strive to respect local laws.
As long as the Aspiration Platform and this Statement is not available in your native language, you can use the English version. Do not make use of this website if you do not understand or speak English.
You can post Content in other languages but the main purpose of the Aspiration Platform is to allow you to find connections and opportunities and engage with others throughout the world. That is the reason why we stimulate the use of English and allow you to indicate whether you speak any of the world’s most common languages. If we are in any way uncertain about the appropriateness and value of non-English Content we will delete it from the Aspiration Platform.
You consent to having your personal data transferred to and processed in Belgium.
If you are located in a country embargoed by Belgium you will not engage in commercial activities on The Aspiration Platform (such as advertising a particular product or service) or operate an Aspiration Platform application or website.
If you are a public authority serving the wellbeing of the citizens in your country, do inform us if you feel that the PURAVISA Aspiration Platform or its use does not support your country and/or its citizens in realizing their potential. We welcome feedback to improve the usefulness of this platform and are very much interested in hearing about any suggestions or concerns you might have (suggestions@puravisa.com).
CONTENT
We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
When you delete content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others);
When you publish Aspiration related content or information on the Aspiration Platform, it means that you are allowing everyone, including people who are not registered on the Aspiration Platform, to access and use that information, and to associate it with you (i.e., your aspiration information, your profile information).
In using our Services, you may be exposed to content from other users or third parties ("Third-Party Content"), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, profiles of other users of our Services.
Any and all information, pictures, videos, comments, and other content, data or information that USER uploads, stores, transmits or submits to PURAVISA’s website (hereinafter "Content") are generated by the USER, but not by PURAVISA. USER’s Content therefore remains in USER’s sole property and responsibility.
If you translate any portion of this Site into another language by using automated translation technology that is for your convenience only. On-line third-party translation applications are susceptible to inaccuracies. You may rely only on the original, English-language version of this Site or the original language version of its Content.
PURAVISA does not claim any ownership rights to any content and other materials which USER uploads, posts, stores or exchanges through PURAVISA’s Website and Services.
USER hereby expressly acknowledges and agrees that USER him/herself, and not PURAVISA, is fully responsible for all Content that USER uploads, posts, e-mails, transmits or otherwise makes available through PURAVISA’s Website or Services.
USER understands that pictures uploaded on the Website can be downloaded by other USERS and that information can be subtracted from the Website.
USER acknowledges that Content uploaded to, or transmitted through PURAVISA’s Website or Services may infringe on local, national or international laws and regulations. Publication of illegal information by USER via the PURAVISA platform may constitute an infringement of individual’s or collective rights and may result in civil litigation and criminal prosecution of USER.
We expect you to respect people’s rights as a USER. By way of example and not limitation:
• You will not send email invitations to non-users without their consent.
• You will not use our Brand name, copyrights or trademarks (including The Aspirationplatform, the Dreamaliser, the term PURAVISA, ASPIRATION AGENT, PURAVISA Logos and slogans, Pura Credits, Not cool), or any confusingly similar marks, without our written permission.
• you may not post or submit any content or take any action that:
• is defamatory
• contains nudity or sexually explicit content;
• is a form of unauthorized copying, distribution, modification, display, public performance or other unauthorized use of copyrighted works
• may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise;
• exploits images or the likeness of individuals under 18 years of age;
• depicts use of illicit drugs;
• makes use of offensive language or images;
• characterizes violence as acceptable, glamorous or desirable;
• contains any of your personal contact information, except as specifically required or requested as part of your registration on this site.
• contains anyone's identification documents or sensitive financial information
• contains pictures or video of anyone without their consent.
• infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on The Aspiration Platform if we believe that it is unethical or infringes or violates someone else's rights or otherwise violates the law. If you repeatedly infringe other people's rights, we will disable your account when deemed appropriate by us.
You can protect your intellectual property rights by submitting your case to problemreporting@puravisa.com. You will receive more information on the procedure when you send your case.
If you believe we removed your content by mistake, you can report this to problemreporting@puravisa.com.
USER ACTIONS
Our Site is a Venue. Our Services do not include the introduction of users to one another. Our Site is merely a venue for users to learn about one another and, if they wish, arrange contacts with one another. We are not involved in the actual contact between users. As a result, we have no control over the conduct of our users or the truth or accuracy of the information that users post on the Site.
If you collect information from users or engage with them, you will: obtain their consent, make it clear you (and not The Aspiration Platform or Puravisa) are the one collecting their information or engaging with them, and (if applicable) post a privacy policy explaining what information you collect and how you will use it.
PURAVISA offers a platform for users that can allow USERS to engage in direct communication and directly organize and attend face-to-face meetings. However, PURAVISA does not sponsor, oversee or in any way control such direct contact or meetings. USER understands and agrees that USER’s organize and participate in direct contact and meetings at own risk and PURAVISA does not bear any responsibility or liability for the actions of any PURAVISA users or any third parties who may take advantage of personal information sent via direct communications or who organize, attend or are otherwise involved in any direct contact or meetings. Members attend meetings at their own risk.
In your use of our Services, you must act responsibly and exercise good judgment. By way of example and not limitation, you shall not:
• violate any applicable law or regulation;
• infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;
• use information obtained through our Services for any unauthorized purpose;
• interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or malicious code;
• use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Services in connection with sending or otherwise posting unauthorized commercial communications (such as spam which we define as unsolicited bulk e-mail or any other e-mail of a commercial, religious or political or other nature not within the intended purposes of the Services);
• Bully, intimidate, "stalk" or harass any other user of our Services;
• collect or store any information about any other user other than for purposes of the permitted use of our Services;
• solicit login information or access an account belonging to someone else.
• register for more than two user accounts or register for a user account on behalf of an individual other than yourself;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to provide information;
• attempt to defeat any security or verification measure relating to use of the Services; or
• engage in unlawful multi-level marketing, such as a pyramid scheme, on the Aspiration Platform
• collect users' content or information, or otherwise access The Aspirationplatform, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
• assist any third party in doing any of the foregoing.
• post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
• provide information containing drugs or alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
• offer any contest, giveaway, or sweepstakes ("promotion") on The Aspiration Platform without our prior written consent.
• use the Aspiration Platform to do anything unlawful, misleading, malicious, or discriminatory.
• do anything that could disable, overburden, or impair the proper working of The Aspiration Platform, such as a denial of service attack.
• assist any third party in doing any of the foregoing.
If you access the Aspiration Platform services via mobile services, please be aware that your carrier's normal rates and fees, such as internet use and text messaging fees, will still apply.
REPRESENTATIONS AND WARRANTIES
USER represents and warrants to PURAVISA that:
• USER abides by the Aspiration Platform terms of use
• USER’s Content shall be true, accurate, current, complete and not misleading;
• USER’s Content shall not violate the rights of any third party, including, but not limited to, copyrights, trademark rights and/or any other intellectual property rights;
• USER’s Content shall not create any liability for PURAVISA or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders;
• USER’s Content is an original work by USER and/or USER has all necessary rights, licenses, consents and permissions to use, and to authorize PURAVISA to use, any and all copyrights, performance rights or other intellectual property rights in and to USER’s Content in order to use the Content on PURAVISA’s Website and Services;
• USER has any and all necessary consent, permission or release of any and all persons identifiable in the Content to use the name, photo, picture and likeness of those persons on PURAVISA’s Website and Services.
FURTHER LIABILITY CLARIFICATION
WE TRY TO KEEP THE ASPIRATIONPLATFORM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE ASPIRATIONPLATFORM "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE ASPIRATIONPLATFORM WILL BE SAFE OR SECURE. THE ASPIRATIONPLATFORM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, PURAVISA OR ANY OF ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, VOLUNTEERS, AGENTS, DIRECTORS, OFFICERS OR SHAREHOLDERS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. YOU WAIVE ANY LEGISLATION PROVIDING YOU RIGHTS THAT CONTRADICT THIS AGREEMENT SUCH AS, FOR CALIFORNIA RESIDENTS, THE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE ASPIRATIONPLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THE ASPIRATIONPLATFORM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE ASPIRATIONPLATFORM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
USER irrevocably waives the right to assert any claim against PURAVISA or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders in relation to the Content generated, uploaded, transmitted or otherwise used on PURAVISA’s Website or Services, including, but not limited to, copyright, trademark, unfair competition, invasion of privacy, breach of contract or breach of confidentiality.
USER acknowledges that PURAVISA, by providing the USER with the ability to view and distribute user-generated Content, is merely acting as a passive conduit (hosting service provider) for the distribution of such Content, and that PURAVISA, to the extent permissible by law, does not undertake any obligation or liability relating to the Content or to the USERS' activities.
You are solely responsible for your interactions with other users of our Services. We are not responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
Because our Site is merely a venue, in the event that you have a dispute with one or more users, you release us (and our respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
USER acknowledges and agrees that PURAVISA cannot and does not generally review the Content created, exchanged or uploaded by USER. USER acknowledges and agrees that PURAVISA and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to generally monitor the Website for inappropriate Content or Activities.
PURAVISA and its respective parents, subsidiaries, affiliates, successors, assigns, employees, volunteers, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the Content of PURAVISA’s Website and Services, including, but not limited to, claims for libel, slander, defamation, invasion of privacy and publicity rights, pornography, obscenity, fraud, or misrepresentation.
The USER is solely responsible for taking precautions as necessary or useful to protect him-/herself from fraud etc., and his/her computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material on the PURAVISA Aspiration Platform.
GRANT OF LICENSE
PURAVISA does not have any ownership rights of USER’s Content. After posting your Content on, through or in connection with the Services, you continue to retain any such rights that you may have to your Content, subject to the limited license PURAVISA requires so that it can perform the Service for its users.
By posting Content to the Website, to the extent required to enable the performance of the Services, USER grants PURAVISA and its successors and assigns and other users of the PURAVISA Services a limited worldwide, non-exclusive, royalty-free, fully paid up, license to, use, copy, transmit or otherwise distribute, publicly perform, digitally perform, publicly display, and/or otherwise make USER’s Content available to other users of PURAVISA’s Website and related Services and Service providers.
This license also grants PURAVISA the non-exclusive right to sell USER’s Content or otherwise distribute it outside of PURAVISA's Website or Services. PURAVISA also has the right to stream Content on third party Websites via the sharing functionalities, linked services, embedded widgets or the PURAVISA API or similar tools.
The license will terminate after USER removes the Content from the Website. Notwithstanding the foregoing, USER understands and agrees that once Content has been posted on the Aspiration platform or distributed via a sharing functionality or a linked Service, PURAVISA is not obligated to delete or ask other users, platforms or a linked Service to delete that Content, and therefore that Content may continue to appear and be used indefinitely.
INDEMNIFICATION
USER agrees to indemnify, defend and hold harmless PURAVISA, its parent company, successors, assigns, affiliates, agents, vendors, distributors, licensors, suppliers, other users and their officers, directors and employees from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
• any violation of the present Terms of Use;
• any use of USER’s Content by PURAVISA itself (if any), or by PURAVISA’s USERS or by any other person or third party under these terms of use, including, but not limited to, any third party claim of infringement of a copyright or other intellectual property right or invasion of privacy;
• any activity related to USER’s account, be it by USER him/herself, or by any other person accessing USER’s account.
No Liability for Links, Third Party Websites and Services
One of the core aims of the Aspiration Platform is to provide visibility to aspiration and user related information to allow the user to find more opportunities. PURAVISA’s Website and Services contains features and functionalities that link Content and USERS to, or provide USERS with certain functionalities to share content with and access to, third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter “External Websites”).
PURAVISA does not have any control over USERS actions and those External Websites, and is not responsible for their content or their use. By linking to an External Website, PURAVISA does not represent or imply that it endorses such website, its content or any other information and/or material contained therein.
USER is solely responsible for his/her dealings with any third party related to the External Website, including the delivery of and payment for goods and services. USER should make whatever investigation he/she feels necessary or useful before proceeding with any online or offline transaction with any third party related to External Websites. The USER is solely responsible for taking precautions as necessary or useful to protect him-/herself from fraud etc., and his/her computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material on External Websites.
PURAVISA disclaims any responsibility for any harm resulting from USER’s accessing External Websites, and USER irrevocably waives any claim against PURAVISA with respect to such sites and third-party content.
PROCEDURE IN CASE OF ALLEGED RIGHTS INFRINGEMENTS
General Procedure
PURAVISA encourages USER to notify PURAVISA of any Content that USER believes to be in violation of copyright, trademark, any other intellectual property rights, or any other applicable law, or of any Content that contains undesirable texts or images of, or links or references to, pornography, violence, racism, or content that is otherwise discriminatory or objectionable. This can be done by contacting PURAVISA at problemreporting@puravisa.com. You can also give a general indication already that content might be inappropriate by clicking on the “not cool” button next to a short aspiration description or clicking on the “This is offensive!” or “This is Spam!” markings when you receive a message from a USER.
In case USER believes that his/her rights or those of other individuals have been infringed by other users of PURAVISA’s Website please provide PURAVISA with the following information in writing via email to problemreporting@PURAVISA.com.
1. a specific description of the relevant argumentation (e.g. spamming, offensive message, inappropriate Content, details concerning the violated rights or the work protected by copyright or other intellectual property right, and where the Content, Action and/or related USER is located on the PURAVISA Aspiration Platform;
2. comprehensive evidence that USER claiming the infringement has the right to make that claim or is fully authorized to act on behalf of the person who has the right to make that claim;
3. a detailed explanation of the facts, legal rights and circumstances that constitute the alleged infringement of the right; and
4. USER’s full name, postal address, telephone number and e-mail address.
Upon receipt of such notification and all required information and materials, PURAVISA will examine the case, will contact the relevant USER(S) in due course, and will, in its sole discretion, determine, if and (if so) what action to take in response to each such notification. Further details concerning specificities of the procedure might be sent to you.
DATA PROTECTION, PRIVACY AND SECURITY
We designed our Privacy Policy to make important disclosures about how you can use the Aspiration Platform to share information with others and announce your aspirations and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.
Registration data and other personal information about USER are subject to our Privacy Policy. By accepting these Terms of Use, USER is also accepting the terms of the Privacy Policy.
PURAVISA complies with the applicable data protection laws and regulations and uses all commercially viable measures to protect the confidentiality and security of communications transmitted via PURAVISA’s Website and Services and information stored on servers controlled by PURAVISA.
USER shall under no circumstances
1. violate or attempt to violate the data security of PURAVISA;
2. access data or materials which are not intended for USER;
3. log into a server or account which USER is not authorized to access;
4. attempt to probe, scan or test the vulnerability of PURAVISA’s servers, system or network or to breach data security or authentication measures of PURAVISA
5. attempt to interfere with PURAVISA’s service to any user, host or network, by any means including, without limitation, hacking PURAVISA’s servers or systems, submitting a virus, overloading, "mail-bombing", "flooding" or "crashing", or by means of using electronic tools, including spiders, robots (bots), crawlers, data mining tools, or any other automated means on PURAVISA’s Website or Services, regardless of the purpose and/or technical configuration of such electronic tools. This does not include any legitimate means employed solely for using and connecting the PURAVISA API.
USER’s violation of system or network security may result in civil procedures and/or criminal prosecution. PURAVISA reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting any users who have participated in such violations.
Competitions
PURAVISA may run, host or support funding opportunities, competitions, service or product promotions, prize draws and other opportunities on the Website or in its Services and these opportunities will be subject to separate terms and conditions of the organizer of such opportunities. Details of the specific funding opportunity, competition, service or product promotion, prize draw and/or other opportunity and a link to the applicable terms and conditions will be published where relevant. It is your responsibility to read those terms and conditions for details and any eligibility requirements. PURAVISA does not bear any responsibility or liability for the actions of any third parties who organize or are otherwise involved in any of these opportunities.
ADVERTISEMENTS
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
You give us permission to display Google Ads services on the Aspiration Platform website in relation to the content posted and or other targeted Ads.
When you request assistance in a certain field, we can provide you with service- or product suggestions that can aid you in that field.
PURAVISA cannot control how people interact with the ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
CHANGES OF WEBSITE AND SERVICES
PURAVISA may change or modify the products, services and functionalities of the Website and/or Services at any time without notice.
USER agrees that PURAVISA and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to USER or to any third party for any changes or modifications of Website and/or Services and/or USER’s possibility to use or access PURAVISA’s Website and/or Services.
TERMINATION OF WEBSITE AND SERVICES
PURAVISA reserves the right at any time to suspend, discontinue, terminate or close down its Website and/or Services (or any part thereof), temporarily or permanently, without notice.
USER agrees that, PURAVISA and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to USER or to any third party for any suspension, discontinuance, termination or close down of the Website and/or Services and/or USER’s possibility to use or access PURAVISA’s Website and/or Services.
ASSIGNMENT OF RIGHTS AND DUTIES TO THIRD PARTIES
PURAVISA and its respective parents, subsidiaries, affiliates, successors, assigns, volunteers, employees, agents, directors, officers and shareholders may assign the rights and duties under the present Terms of Use, in part or in whole, to any third party at any time without notice. USER may not assign this Agreement or the rights and duties herein, in part or in whole, to any party without the prior written consent of PURAVISA.
APPLICABLE LAW AND JURISDICTION
PURAVISA is committed to seeking a very cost-effective, fair and just resolution of issues or misunderstandings arising to avoid disputes or dispute escalation. PURAVISA will seek to communicate with parties to explain PURAVISA’s position and understand the aspirations and position of other parties. We strongly encourage parties who might feel any grievance that, in their view, might be caused by us, to contact us directly to seek a resolution. PURAVISA will defend its rights and the rights of its community against unreasonable or illegitimate claims. We will consider reasonable requests to resolve the dispute through alternative dispute resolution ("ADR") procedures, such as mediation, as an alternative to litigation.
The legal relationship between PURAVISA and USER shall be subject to the laws of Belgium excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (international private law).
PURAVISA and the USER agree to submit to the exclusive jurisdiction of the courts at the domicile (registered office) of PURAVISA for a judicial resolution of any dispute, action or proceeding arising in connection with these Terms of Use and PURAVISA’s Website and Services.
RIGHT OF REVOCATION
If USER is a consumer in the European Union, USER may cancel registration for paid PURAVISA products, services or a paid account (when they are available) in text form (by email, letter or fax) without stating a reason within two (2) weeks of purchase or registration. Right of Revocation for products or services bought from third party websites must be claimed from the third parties and not from PURAVISA. The two-week periods begin with the reception of this information in text form. For exercising this right it is sufficient to send the cancellation of the Agreement to the following address:
PURAVISA BVBA
Rue de Haerne 82
1040 Etterbeek
cancellation@PURAVISA.com
In the event of a valid cancellation, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). If USER is unable or partially unable to restore the benefits, or only able to restore them in poor condition, to PURAVISA, USER shall be obligated to reimburse PURAVISA for the corresponding value. USER may avoid the duty to reimburse by not using the benefits as his own and by ceasing to do anything that affects the value of the benefit. Each party must fulfill its obligation for reimbursement within thirty (30) days. The deadline begins for USER with the sending of the cancellation; for PURAVISA with the reception of the cancellation sent by USER. Notwithstanding the foregoing, the right to revoke the Agreement expires if both parties fulfilled their contractual obligations upon USER’s explicit consent before USER exercised the right of revocation.
GENERAL PROVISIONS
This Agreement constitutes the entire agreement between PURAVISA and USER with respect to PURAVISA’s Website and Services, and supersedes any prior agreement between PURAVISA and USER.
Should one or more provision of the present Terms of Use be unlawful, void, or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and enforceability of the remaining provisions of the Terms of Use; the remainder of the Terms of Use will thus remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
The section titles in this Terms of Use only serve the purpose to assist the reader in finding the most relevant rules but all terms are valid.
This Statement does not confer any third party beneficiary rights.
You will comply with all applicable laws when using or accessing The Aspiration Platform.
We always appreciate your feedback or other suggestions about The Aspiration Platform, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
Please Contact Us should you have any questions regarding these Terms.
Date of last modification: 1 July 2011
Welcome to the Web site operated by PURAVISA BVBA (hereinafter "we," "us", “PURAVISA”), The Aspiration Agency, a Belgian Limited Liability For Profit Corporation. We maintain this Web site, www.aspirationplatform.com (the "Website" or “the Aspiration Platform”), as a service to our visitors (our Site and such services, collectively, our "Services"). By viewing and using this Website, you agree to comply with and be legally bound by the following terms of use ("Terms"), whether or not you become a registered user of the Services.
You acknowledge and agree that the following Terms of Use constitute a legally binding agreement (hereinafter the “Agreement”) between you (hereinafter “YOU” or the “USER”) and PURAVISA in relation to your use of PURAVISA’s Aspiration Platform at www.aspirationplatform.com (hereinafter “Website” or “the Aspiration Platform”) and any services or products that PURAVISA provides (hereinafter “Services”). You warrant to PURAVISA that you have read and understood the Terms of Use, and that you have the legal capacity to enter into this Agreement. Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise continue using this Site. Failure to use this Site in accordance with the following terms of use may subject you to severe civil and criminal penalties.
PURAVISA reserves the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is noted at the end of the Terms of Use. Your continued use of our Services constitutes your acceptance of such changes. It is the USER’s responsibility to check the Terms of Use from time to time for updates.
If these Terms of Use are changed to the disadvantage of the USER, PURAVISA will notify USER and the revised Terms of Use will become effective within four (4) weeks after such notification, unless User terminates his/her account in writing. If USER does not agree to the revised Terms of Use, USER’s may cancel his/her USER account and stop using PURAVISA’s Website and Services.
In the future, PURAVISA may release new services and/or features including the release of new tools, services and resources on its Website. Such new features or services shall also be subject to the present Terms of Use as well as any additional Terms of Use that PURAVISA may release for those new features or services.
DESCRIPTION OF SERVICE
On this Website, PURAVISA acts as a hosting service provider providing USER with an Internet platform, electronic tools, features and services enabling USER to share and discover aspiration related information with other users of PURAVISA’s Website and Services.
PURAVISA’s Website and Services are provided on an “as is” and “as available” basis. USER acknowledges to use PURAVISA’s Website and Services at own risk.
USER ACCOUNT RULES
To make the website useful and keep it safe, we encourage authenticity and many Aspiration Platform users provide their real names and information. Here are some commitments you make to us relating to registering and maintaining the security of your account.
Because user verification on the Internet is difficult, we cannot and do not confirm each USER’s purported identity. You are responsible for determining the identity and suitability of others with whom you engage by means of this Site. We do not endorse any persons who use or register for our Services. We do not investigate any user’s reputation, conduct, morality, criminal background, or verify the information such user may submit to the Site. We encourage you to communicate directly with registered users through the tools available on the Site and to take the same precautions you would normally take when meeting a stranger in person for the first time.
When USER registers for PURAVISA’s Services, USER may choose a username and password and will receive a user account from PURAVISA. The USER is solely responsible for maintaining the confidentiality and security of his/her username, password and account, and shall be responsible for all uses of his/her username and password, whether or not authorized by USER. You must log off from your account at the end of each session on our Site.
As a USER, you shall abide by the following rules:
• You can create an account with a pseudonym name and with very limited personal information but you will not provide any false or deceiving personal information on The Aspiration Platform, or create an account for anyone other than yourself without permission.
• You will keep your contact information accurate and up-to-date.
• You will not create more than two personal profiles
• If we disable your account, you will not create another one without our permission.
• You will not use The Aspiration Platform if you are under 13.
• You will not use The Aspiration Platform if you are a convicted sex offender or terrorist.
• You will not transfer your account to anyone without first getting our written permission.
• You will not provide sensitive personal details (e.g. full physical address, credit card details) to anyone via the Aspiration Platform.
• If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
USER shall notify PURAVISA immediately in writing of any unauthorized use of USER’s account including, without limitation, unauthorized use of USER’s password and/or username, or any other breach of confidentiality or data security. PURAVISA can be contacted at problemreporting@puravisa.com.
It is strictly prohibited to make use of any electronic tools, including spiders, robots (bots), crawlers, data mining tools, or any other automated means on PURAVISA’s Website or Services, regardless of the purpose and/or configuration and/or mode of operation of such electronic tools. This does not include any legitimate means approved of by PURAVISA or employed solely for using and connecting to the PURAVISA Application Programming Interface (“API”) when available.
PURAVISA may disallow or remove certain usernames and may, with or without prior notice, close USER’s account if and when activities occur on that account which constitute, at PURAVISA’s reasonable discretion, a potential to harm society or other individuals, a violation of the present Terms of Use and/or an infringement of other applicable laws and regulations or third party rights. PURAVISA may also remove Pura Credits from a user account or aspiration or user related information or other rights for aforementioned reasons.
USER can delete Aspiration related information or cancel his/her account at any time in the profile settings. USER is solely responsible for updating and cancelling his/her account via the Website. A telephone request, mail or e-mail from USER to cancel the account will not be considered a proper cancellation. Upon cancellation of USER’s account, any and all information, photos, pictures, comments, communications and other content, data or information of USER can be irretrievably deleted by PURAVISA, with the exception of such data PURAVISA may be obligated to store for a certain period of time in accordance with applicable laws and regulations.
SPECIAL PROVISIONS RELATED TO THE INTERNATIONAL REACH OF THE ASPIRATION PLATFORM
We strive to create a global community with consistent standards for everyone and we also strive to respect local laws.
As long as the Aspiration Platform and this Statement is not available in your native language, you can use the English version. Do not make use of this website if you do not understand or speak English.
You can post Content in other languages but the main purpose of the Aspiration Platform is to allow you to find connections and opportunities and engage with others throughout the world. That is the reason why we stimulate the use of English and allow you to indicate whether you speak any of the world’s most common languages. If we are in any way uncertain about the appropriateness and value of non-English Content we will delete it from the Aspiration Platform.
You consent to having your personal data transferred to and processed in Belgium.
If you are located in a country embargoed by Belgium you will not engage in commercial activities on The Aspiration Platform (such as advertising a particular product or service) or operate an Aspiration Platform application or website.
If you are a public authority serving the wellbeing of the citizens in your country, do inform us if you feel that the PURAVISA Aspiration Platform or its use does not support your country and/or its citizens in realizing their potential. We welcome feedback to improve the usefulness of this platform and are very much interested in hearing about any suggestions or concerns you might have (suggestions@puravisa.com).
CONTENT
We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
When you delete content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others);
When you publish Aspiration related content or information on the Aspiration Platform, it means that you are allowing everyone, including people who are not registered on the Aspiration Platform, to access and use that information, and to associate it with you (i.e., your aspiration information, your profile information).
In using our Services, you may be exposed to content from other users or third parties ("Third-Party Content"), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, profiles of other users of our Services.
Any and all information, pictures, videos, comments, and other content, data or information that USER uploads, stores, transmits or submits to PURAVISA’s website (hereinafter "Content") are generated by the USER, but not by PURAVISA. USER’s Content therefore remains in USER’s sole property and responsibility.
If you translate any portion of this Site into another language by using automated translation technology that is for your convenience only. On-line third-party translation applications are susceptible to inaccuracies. You may rely only on the original, English-language version of this Site or the original language version of its Content.
PURAVISA does not claim any ownership rights to any content and other materials which USER uploads, posts, stores or exchanges through PURAVISA’s Website and Services.
USER hereby expressly acknowledges and agrees that USER him/herself, and not PURAVISA, is fully responsible for all Content that USER uploads, posts, e-mails, transmits or otherwise makes available through PURAVISA’s Website or Services.
USER understands that pictures uploaded on the Website can be downloaded by other USERS and that information can be subtracted from the Website.
USER acknowledges that Content uploaded to, or transmitted through PURAVISA’s Website or Services may infringe on local, national or international laws and regulations. Publication of illegal information by USER via the PURAVISA platform may constitute an infringement of individual’s or collective rights and may result in civil litigation and criminal prosecution of USER.
We expect you to respect people’s rights as a USER. By way of example and not limitation:
• You will not send email invitations to non-users without their consent.
• You will not use our Brand name, copyrights or trademarks (including The Aspirationplatform, the Dreamaliser, the term PURAVISA, ASPIRATION AGENT, PURAVISA Logos and slogans, Pura Credits, Not cool), or any confusingly similar marks, without our written permission.
• you may not post or submit any content or take any action that:
• is defamatory
• contains nudity or sexually explicit content;
• is a form of unauthorized copying, distribution, modification, display, public performance or other unauthorized use of copyrighted works
• may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise;
• exploits images or the likeness of individuals under 18 years of age;
• depicts use of illicit drugs;
• makes use of offensive language or images;
• characterizes violence as acceptable, glamorous or desirable;
• contains any of your personal contact information, except as specifically required or requested as part of your registration on this site.
• contains anyone's identification documents or sensitive financial information
• contains pictures or video of anyone without their consent.
• infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on The Aspiration Platform if we believe that it is unethical or infringes or violates someone else's rights or otherwise violates the law. If you repeatedly infringe other people's rights, we will disable your account when deemed appropriate by us.
You can protect your intellectual property rights by submitting your case to problemreporting@puravisa.com. You will receive more information on the procedure when you send your case.
If you believe we removed your content by mistake, you can report this to problemreporting@puravisa.com.
USER ACTIONS
Our Site is a Venue. Our Services do not include the introduction of users to one another. Our Site is merely a venue for users to learn about one another and, if they wish, arrange contacts with one another. We are not involved in the actual contact between users. As a result, we have no control over the conduct of our users or the truth or accuracy of the information that users post on the Site.
If you collect information from users or engage with them, you will: obtain their consent, make it clear you (and not The Aspiration Platform or Puravisa) are the one collecting their information or engaging with them, and (if applicable) post a privacy policy explaining what information you collect and how you will use it.
PURAVISA offers a platform for users that can allow USERS to engage in direct communication and directly organize and attend face-to-face meetings. However, PURAVISA does not sponsor, oversee or in any way control such direct contact or meetings. USER understands and agrees that USER’s organize and participate in direct contact and meetings at own risk and PURAVISA does not bear any responsibility or liability for the actions of any PURAVISA users or any third parties who may take advantage of personal information sent via direct communications or who organize, attend or are otherwise involved in any direct contact or meetings. Members attend meetings at their own risk.
In your use of our Services, you must act responsibly and exercise good judgment. By way of example and not limitation, you shall not:
• violate any applicable law or regulation;
• infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;
• use information obtained through our Services for any unauthorized purpose;
• interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or malicious code;
• use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Services in connection with sending or otherwise posting unauthorized commercial communications (such as spam which we define as unsolicited bulk e-mail or any other e-mail of a commercial, religious or political or other nature not within the intended purposes of the Services);
• Bully, intimidate, "stalk" or harass any other user of our Services;
• collect or store any information about any other user other than for purposes of the permitted use of our Services;
• solicit login information or access an account belonging to someone else.
• register for more than two user accounts or register for a user account on behalf of an individual other than yourself;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to provide information;
• attempt to defeat any security or verification measure relating to use of the Services; or
• engage in unlawful multi-level marketing, such as a pyramid scheme, on the Aspiration Platform
• collect users' content or information, or otherwise access The Aspirationplatform, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
• assist any third party in doing any of the foregoing.
• post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
• provide information containing drugs or alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
• offer any contest, giveaway, or sweepstakes ("promotion") on The Aspiration Platform without our prior written consent.
• use the Aspiration Platform to do anything unlawful, misleading, malicious, or discriminatory.
• do anything that could disable, overburden, or impair the proper working of The Aspiration Platform, such as a denial of service attack.
• assist any third party in doing any of the foregoing.
If you access the Aspiration Platform services via mobile services, please be aware that your carrier's normal rates and fees, such as internet use and text messaging fees, will still apply.
REPRESENTATIONS AND WARRANTIES
USER represents and warrants to PURAVISA that:
• USER abides by the Aspiration Platform terms of use
• USER’s Content shall be true, accurate, current, complete and not misleading;
• USER’s Content shall not violate the rights of any third party, including, but not limited to, copyrights, trademark rights and/or any other intellectual property rights;
• USER’s Content shall not create any liability for PURAVISA or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders;
• USER’s Content is an original work by USER and/or USER has all necessary rights, licenses, consents and permissions to use, and to authorize PURAVISA to use, any and all copyrights, performance rights or other intellectual property rights in and to USER’s Content in order to use the Content on PURAVISA’s Website and Services;
• USER has any and all necessary consent, permission or release of any and all persons identifiable in the Content to use the name, photo, picture and likeness of those persons on PURAVISA’s Website and Services.
FURTHER LIABILITY CLARIFICATION
WE TRY TO KEEP THE ASPIRATIONPLATFORM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE ASPIRATIONPLATFORM "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE ASPIRATIONPLATFORM WILL BE SAFE OR SECURE. THE ASPIRATIONPLATFORM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, PURAVISA OR ANY OF ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, VOLUNTEERS, AGENTS, DIRECTORS, OFFICERS OR SHAREHOLDERS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. YOU WAIVE ANY LEGISLATION PROVIDING YOU RIGHTS THAT CONTRADICT THIS AGREEMENT SUCH AS, FOR CALIFORNIA RESIDENTS, THE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE ASPIRATIONPLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THE ASPIRATIONPLATFORM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE ASPIRATIONPLATFORM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
USER irrevocably waives the right to assert any claim against PURAVISA or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders in relation to the Content generated, uploaded, transmitted or otherwise used on PURAVISA’s Website or Services, including, but not limited to, copyright, trademark, unfair competition, invasion of privacy, breach of contract or breach of confidentiality.
USER acknowledges that PURAVISA, by providing the USER with the ability to view and distribute user-generated Content, is merely acting as a passive conduit (hosting service provider) for the distribution of such Content, and that PURAVISA, to the extent permissible by law, does not undertake any obligation or liability relating to the Content or to the USERS' activities.
You are solely responsible for your interactions with other users of our Services. We are not responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
Because our Site is merely a venue, in the event that you have a dispute with one or more users, you release us (and our respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
USER acknowledges and agrees that PURAVISA cannot and does not generally review the Content created, exchanged or uploaded by USER. USER acknowledges and agrees that PURAVISA and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to generally monitor the Website for inappropriate Content or Activities.
PURAVISA and its respective parents, subsidiaries, affiliates, successors, assigns, employees, volunteers, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the Content of PURAVISA’s Website and Services, including, but not limited to, claims for libel, slander, defamation, invasion of privacy and publicity rights, pornography, obscenity, fraud, or misrepresentation.
The USER is solely responsible for taking precautions as necessary or useful to protect him-/herself from fraud etc., and his/her computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material on the PURAVISA Aspiration Platform.
GRANT OF LICENSE
PURAVISA does not have any ownership rights of USER’s Content. After posting your Content on, through or in connection with the Services, you continue to retain any such rights that you may have to your Content, subject to the limited license PURAVISA requires so that it can perform the Service for its users.
By posting Content to the Website, to the extent required to enable the performance of the Services, USER grants PURAVISA and its successors and assigns and other users of the PURAVISA Services a limited worldwide, non-exclusive, royalty-free, fully paid up, license to, use, copy, transmit or otherwise distribute, publicly perform, digitally perform, publicly display, and/or otherwise make USER’s Content available to other users of PURAVISA’s Website and related Services and Service providers.
This license also grants PURAVISA the non-exclusive right to sell USER’s Content or otherwise distribute it outside of PURAVISA's Website or Services. PURAVISA also has the right to stream Content on third party Websites via the sharing functionalities, linked services, embedded widgets or the PURAVISA API or similar tools.
The license will terminate after USER removes the Content from the Website. Notwithstanding the foregoing, USER understands and agrees that once Content has been posted on the Aspiration platform or distributed via a sharing functionality or a linked Service, PURAVISA is not obligated to delete or ask other users, platforms or a linked Service to delete that Content, and therefore that Content may continue to appear and be used indefinitely.
INDEMNIFICATION
USER agrees to indemnify, defend and hold harmless PURAVISA, its parent company, successors, assigns, affiliates, agents, vendors, distributors, licensors, suppliers, other users and their officers, directors and employees from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
• any violation of the present Terms of Use;
• any use of USER’s Content by PURAVISA itself (if any), or by PURAVISA’s USERS or by any other person or third party under these terms of use, including, but not limited to, any third party claim of infringement of a copyright or other intellectual property right or invasion of privacy;
• any activity related to USER’s account, be it by USER him/herself, or by any other person accessing USER’s account.
No Liability for Links, Third Party Websites and Services
One of the core aims of the Aspiration Platform is to provide visibility to aspiration and user related information to allow the user to find more opportunities. PURAVISA’s Website and Services contains features and functionalities that link Content and USERS to, or provide USERS with certain functionalities to share content with and access to, third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (hereinafter “External Websites”).
PURAVISA does not have any control over USERS actions and those External Websites, and is not responsible for their content or their use. By linking to an External Website, PURAVISA does not represent or imply that it endorses such website, its content or any other information and/or material contained therein.
USER is solely responsible for his/her dealings with any third party related to the External Website, including the delivery of and payment for goods and services. USER should make whatever investigation he/she feels necessary or useful before proceeding with any online or offline transaction with any third party related to External Websites. The USER is solely responsible for taking precautions as necessary or useful to protect him-/herself from fraud etc., and his/her computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material on External Websites.
PURAVISA disclaims any responsibility for any harm resulting from USER’s accessing External Websites, and USER irrevocably waives any claim against PURAVISA with respect to such sites and third-party content.
PROCEDURE IN CASE OF ALLEGED RIGHTS INFRINGEMENTS
General Procedure
PURAVISA encourages USER to notify PURAVISA of any Content that USER believes to be in violation of copyright, trademark, any other intellectual property rights, or any other applicable law, or of any Content that contains undesirable texts or images of, or links or references to, pornography, violence, racism, or content that is otherwise discriminatory or objectionable. This can be done by contacting PURAVISA at problemreporting@puravisa.com. You can also give a general indication already that content might be inappropriate by clicking on the “not cool” button next to a short aspiration description or clicking on the “This is offensive!” or “This is Spam!” markings when you receive a message from a USER.
In case USER believes that his/her rights or those of other individuals have been infringed by other users of PURAVISA’s Website please provide PURAVISA with the following information in writing via email to problemreporting@PURAVISA.com.
1. a specific description of the relevant argumentation (e.g. spamming, offensive message, inappropriate Content, details concerning the violated rights or the work protected by copyright or other intellectual property right, and where the Content, Action and/or related USER is located on the PURAVISA Aspiration Platform;
2. comprehensive evidence that USER claiming the infringement has the right to make that claim or is fully authorized to act on behalf of the person who has the right to make that claim;
3. a detailed explanation of the facts, legal rights and circumstances that constitute the alleged infringement of the right; and
4. USER’s full name, postal address, telephone number and e-mail address.
Upon receipt of such notification and all required information and materials, PURAVISA will examine the case, will contact the relevant USER(S) in due course, and will, in its sole discretion, determine, if and (if so) what action to take in response to each such notification. Further details concerning specificities of the procedure might be sent to you.
DATA PROTECTION, PRIVACY AND SECURITY
We designed our Privacy Policy to make important disclosures about how you can use the Aspiration Platform to share information with others and announce your aspirations and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.
Registration data and other personal information about USER are subject to our Privacy Policy. By accepting these Terms of Use, USER is also accepting the terms of the Privacy Policy.
PURAVISA complies with the applicable data protection laws and regulations and uses all commercially viable measures to protect the confidentiality and security of communications transmitted via PURAVISA’s Website and Services and information stored on servers controlled by PURAVISA.
USER shall under no circumstances
1. violate or attempt to violate the data security of PURAVISA;
2. access data or materials which are not intended for USER;
3. log into a server or account which USER is not authorized to access;
4. attempt to probe, scan or test the vulnerability of PURAVISA’s servers, system or network or to breach data security or authentication measures of PURAVISA
5. attempt to interfere with PURAVISA’s service to any user, host or network, by any means including, without limitation, hacking PURAVISA’s servers or systems, submitting a virus, overloading, "mail-bombing", "flooding" or "crashing", or by means of using electronic tools, including spiders, robots (bots), crawlers, data mining tools, or any other automated means on PURAVISA’s Website or Services, regardless of the purpose and/or technical configuration of such electronic tools. This does not include any legitimate means employed solely for using and connecting the PURAVISA API.
USER’s violation of system or network security may result in civil procedures and/or criminal prosecution. PURAVISA reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting any users who have participated in such violations.
Competitions
PURAVISA may run, host or support funding opportunities, competitions, service or product promotions, prize draws and other opportunities on the Website or in its Services and these opportunities will be subject to separate terms and conditions of the organizer of such opportunities. Details of the specific funding opportunity, competition, service or product promotion, prize draw and/or other opportunity and a link to the applicable terms and conditions will be published where relevant. It is your responsibility to read those terms and conditions for details and any eligibility requirements. PURAVISA does not bear any responsibility or liability for the actions of any third parties who organize or are otherwise involved in any of these opportunities.
ADVERTISEMENTS
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
You give us permission to display Google Ads services on the Aspiration Platform website in relation to the content posted and or other targeted Ads.
When you request assistance in a certain field, we can provide you with service- or product suggestions that can aid you in that field.
PURAVISA cannot control how people interact with the ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
CHANGES OF WEBSITE AND SERVICES
PURAVISA may change or modify the products, services and functionalities of the Website and/or Services at any time without notice.
USER agrees that PURAVISA and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to USER or to any third party for any changes or modifications of Website and/or Services and/or USER’s possibility to use or access PURAVISA’s Website and/or Services.
TERMINATION OF WEBSITE AND SERVICES
PURAVISA reserves the right at any time to suspend, discontinue, terminate or close down its Website and/or Services (or any part thereof), temporarily or permanently, without notice.
USER agrees that, PURAVISA and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to USER or to any third party for any suspension, discontinuance, termination or close down of the Website and/or Services and/or USER’s possibility to use or access PURAVISA’s Website and/or Services.
ASSIGNMENT OF RIGHTS AND DUTIES TO THIRD PARTIES
PURAVISA and its respective parents, subsidiaries, affiliates, successors, assigns, volunteers, employees, agents, directors, officers and shareholders may assign the rights and duties under the present Terms of Use, in part or in whole, to any third party at any time without notice. USER may not assign this Agreement or the rights and duties herein, in part or in whole, to any party without the prior written consent of PURAVISA.
APPLICABLE LAW AND JURISDICTION
PURAVISA is committed to seeking a very cost-effective, fair and just resolution of issues or misunderstandings arising to avoid disputes or dispute escalation. PURAVISA will seek to communicate with parties to explain PURAVISA’s position and understand the aspirations and position of other parties. We strongly encourage parties who might feel any grievance that, in their view, might be caused by us, to contact us directly to seek a resolution. PURAVISA will defend its rights and the rights of its community against unreasonable or illegitimate claims. We will consider reasonable requests to resolve the dispute through alternative dispute resolution ("ADR") procedures, such as mediation, as an alternative to litigation.
The legal relationship between PURAVISA and USER shall be subject to the laws of Belgium excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (international private law).
PURAVISA and the USER agree to submit to the exclusive jurisdiction of the courts at the domicile (registered office) of PURAVISA for a judicial resolution of any dispute, action or proceeding arising in connection with these Terms of Use and PURAVISA’s Website and Services.
RIGHT OF REVOCATION
If USER is a consumer in the European Union, USER may cancel registration for paid PURAVISA products, services or a paid account (when they are available) in text form (by email, letter or fax) without stating a reason within two (2) weeks of purchase or registration. Right of Revocation for products or services bought from third party websites must be claimed from the third parties and not from PURAVISA. The two-week periods begin with the reception of this information in text form. For exercising this right it is sufficient to send the cancellation of the Agreement to the following address:
PURAVISA BVBA
Rue de Haerne 82
1040 Etterbeek
cancellation@PURAVISA.com
In the event of a valid cancellation, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). If USER is unable or partially unable to restore the benefits, or only able to restore them in poor condition, to PURAVISA, USER shall be obligated to reimburse PURAVISA for the corresponding value. USER may avoid the duty to reimburse by not using the benefits as his own and by ceasing to do anything that affects the value of the benefit. Each party must fulfill its obligation for reimbursement within thirty (30) days. The deadline begins for USER with the sending of the cancellation; for PURAVISA with the reception of the cancellation sent by USER. Notwithstanding the foregoing, the right to revoke the Agreement expires if both parties fulfilled their contractual obligations upon USER’s explicit consent before USER exercised the right of revocation.
GENERAL PROVISIONS
This Agreement constitutes the entire agreement between PURAVISA and USER with respect to PURAVISA’s Website and Services, and supersedes any prior agreement between PURAVISA and USER.
Should one or more provision of the present Terms of Use be unlawful, void, or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and enforceability of the remaining provisions of the Terms of Use; the remainder of the Terms of Use will thus remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
The section titles in this Terms of Use only serve the purpose to assist the reader in finding the most relevant rules but all terms are valid.
This Statement does not confer any third party beneficiary rights.
You will comply with all applicable laws when using or accessing The Aspiration Platform.
We always appreciate your feedback or other suggestions about The Aspiration Platform, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
Please Contact Us should you have any questions regarding these Terms.
Date of last modification: 1 July 2011
Copyright 2010 Puravisa