GENERAL CONDITIONS OF THE WEBSITE
Article 1 – Definitions
For the purposes of the present general conditions of the website, the following terms have the following definition:
General Terms and Conditions of Use: refer to the sum total of the provisions contained in the present terms and conditions that are intended to regulate the modalities and regulations for access to and use of the websites mentioned below and published by ArcelorMittal Downstream Solutions;
User account: refers to an environment reserved for the User that is accessible after registration on our Services by means of a confidential user name and password, and that allows the User to access certain Content located on the Services;
Content: refers to, but is not limited to, the structure/architecture of the Services, the editorial content, the videos, the texts, headings, designs, images, photographs, images, sounds, as well as any other content located on the Services and/or any other element that makes up the Services;
Sites: refers to the public communication service published by ArcelorMittal Downstream Solutions, which is accessible at the address https://e-steelarcelormittal.com;
Service(s): refer to the services accessible from the Sites and published by ArcelorMittal Downstream Solutions.
The General Terms and Conditions of Use apply exclusively between the company ArcelorMittal Downstream Solutions and any user wishing to access the Sites and use the Services.
Any connection to the Sites of ArcelorMittal Downstream Solutions and any consultation and use of their Content shall take place within the framework of the present General Terms and Conditions of Use, the purpose of which is to determine the modalities of use of the Services and Content offered on the Sites. Any access to any of the Sites automatically entails the application and full acceptance of the rules and conditions set out in these General Terms and Conditions of Use. If a user refuses to accept the present General Terms and Conditions of Use, he must refrain from any access to the Sites.
2.2. Development of the General Terms and Conditions of Use
The General Terms and Conditions of Use are enforced when connecting to and using the Sites and/or accepted when creating an account. However, ArcelorMittal Downstream Solutions is free to make changes to the General Terms and Conditions of Use at any time, subject to specific mention by ArcelorMittal Downstream Solutions, in order to adapt them to developments in the Services and/or the operation thereof. These are deemed to be accepted without reservation by any User using the Sites after their online publication. ArcelorMittal Downstream Solutions therefore asks the User to consult the General Terms and Conditions of Use regularly.
Article 3 – Creation of the User Account
Access to certain Services may be subject to the creation of a User Account. For this purpose, a registration procedure must be followed in which the User will be asked to choose a personal user name and associated password and to provide personal data (in particular, surname, first name, email address, telephone number) which will enable him/her to be identified and enable access to the Services.
In any case, the User undertakes to provide only accurate and complete data, and also to update them if necessary. In particular, the User undertakes not to use a pseudonym that could infringe the rights of third parties (in particular the use of another person's surname, another person's trademark or works protected by copyright or related rights) for any reason whatsoever and whatever the legal basis.
3.2. Protection of minors
In order to use and/or access the Sites, minors must have permission from their parents or holders of parental authority over them, in particular before creating a User Account. Please note that the use of an account by a minor always remains the responsibility of the holder of parental authority.
3.3. Confirmation of registration
If the data intended to create the User Account does not reach ArcelorMittal Downstream Solutions, the latter shall under no circumstances be held liable for this. This also applies if the data is partially illegible due to a lack of compatibility or technical faults attributable mainly to the User's equipment (Internet server, material, software, etc.).
3.4. Using the account
The User's username and password are strictly personal and confidential. The User is solely responsible for the safe storage and use of these data.
Any connection to the ArcelorMittal Downstream Solutions Sites through a User Account and/or any transfer of data carried out through a User Account will be considered as being carried out by the User himself/herself and under his/her sole responsibility. The passwords as well as the login links to the Sites sent by e-mail are confidential data intended exclusively for Users and must never be communicated to third parties.
In the event of loss or theft of the login data, the User concerned undertakes to inform ArcelorMittal Downstream Solutions in writing without delay of the unauthorised use of his User Account and to change his password.
Article 4 – External links and third-party services
The Sites may provide hyperlinks, give access to information, to content, to services related to other Sites, and may allow access to the services of third parties.
The User expressly acknowledges that ArcelorMittal Downstream Solutions cannot under any circumstances be held liable for any information, content, service or elements available on the Internet sites of third parties or originating from Internet sources of third parties, nor for any damage, alleged or real, that may result from access to or use of this information, content, service or elements available on the Internet sites of third parties or originating from Internet sources of third parties.
Any User accessing the services of third parties is subject exclusively to the special conditions of use and/or sale applicable to the services of third parties.
It should be noted that the Sites containing hyperlinks to these Sites are not under the control of ArcelorMittal Downstream Solutions, which declines any liability for the content of these Sites.
Article 5 – Intellectual property
5.1. Intellectual property rights relating to the content of ArcelorMittal Downstream Solutions Sites
All elements of the ArcelorMittal Downstream Solutions Sites (mainly the structure, all texts, photographs, videos, data, representations, logos, brand illustrations and other reproduced elements) are reserved and protected under intellectual property law for Belgium and/or the whole world.
ArcelorMittal Downstream Solutions grants the User the inalienable, disinterested, non-exclusive, personal and private permission to use the Services and the Sites for exclusively personal use, in strict compliance with the conditions of use set out in these General Terms and Conditions of Use.
Any unauthorized use of all or part of the elements of the Services and the Sites may give rise to legal action.
5.2. Intellectual property rights relating to the contribution pages
Each User guarantees to ArcelorMittal Downstream Solutions that it has the rights necessary to publish and/or share the content and comments that it posts online via the contribution functionalities. Rights are understood to mean the rights covered by the Belgian Intellectual Property Act, in particular copyright, and intellectual property relating to trademarks, drawings or models on any existing or future medium.
ArcelorMittal Downstream Solutions cannot under any circumstances be held liable on the basis of the user content and/or the comments that may have been put online by a User who is not the holder of the rights necessary for the online posting of the aforementioned contestable user content.
All Users waive, free of charge and not exclusively, their rights for the benefit of ArcelorMittal Downstream Solutions and for the entire duration of the intellectual property rights as from the transfer by any means of their user content and comments, and in particular their literary and artistic property, the right to reproduce, display, copy, dispose of, modify, republish, communicate, distribute, adapt and more generally exploit all or part of the user content and comments on the ArcelorMittal Downstream Solutions Sites and all related services for the promotion of the activities of those websites.
These rights are assigned for the whole world and for all exploitation on any medium and by any means of dissemination currently known or unknown.
The User expressly acknowledges and accepts that certain user content may be reformatted solely for the technical needs of the permitted exploitations.
The User expressly acknowledges and accepts that no exploitation of the user content and comments permitted within the framework of the present General Terms and Conditions of Use may give rise to any remuneration (in kind or in cash).
5.3. Intellectual property rights relating to trademarks
The use and copying of names and/or images deposited by ArcelorMittal Downstream Solutions and the companies in the ArcelorMittal Downstream Solutions group is prohibited without its express permission. In general, any unauthorised reproduction of trademarks, product names, services or companies mentioned on the Sites of ArcelorMittal Downstream Solutions may give rise to legal action.
When using the ArcelorMittal Downstream Solutions Services, Users may be asked to provide data or information of a personal nature in order to access the Services that require user authentication and also to manage and improve the commercial relationship.
For more information on the Sites' practices regarding the protection of personal data, please read the General Terms and Conditions of Sale. These explicitly state how ArcelorMittal Downstream Solutions processes and protects personal data when Users use the Services.
Article 7 – Liability and warranty
The User acknowledges that ArcelorMittal Downstream Solutions has a commitment of resources for the provision of the Services and will do its utmost to guarantee the accessibility of the Sites and the Services. This accessibility may be interrupted for reasons of maintenance or upgrading, in order to ensure the proper functioning of the Sites, without ArcelorMittal Downstream Solutions being obliged to give prior notice to Users.
For example, ArcelorMittal Downstream Solutions does not offer any guarantee with regard to risks of interruption or malfunction associated with the online connection, the clogging up of networks and/or computer systems, intrusion by unauthorised third parties and contamination by any viruses circulating on the said networks and services.
ArcelorMittal Downstream Solutions cannot be held liable if the interruption or change in the quality of the Sites and Services is due to the unexpected occurrence of a case of force majeure. In particular, the following cases shall be considered as cases of force majeure: exceptionally bad weather conditions, natural disasters, fires and floods, lightning, attacks, interruption and blocking of electronic telecommunication networks, damage caused by viruses whose security devices on the market do not make it possible to eradicate them, as well as any legal or regulatory obligation or public order obligation imposed by the competent authorities which has the effect of substantially modifying the present General Terms and Conditions of Use, or any other event of force majeure or unforeseen event, as defined by the legislation in force and the jurisprudence of the Belgian Court of Cassation.
ArcelorMittal Downstream Solutions undertakes to do its utmost to guarantee the truthfulness and accuracy of the information available on all Sites, but cannot be held liable for their inaccuracy, nor for their use or interpretation by Users.
In general, the User indemnifies ArcelorMittal Downstream Solutions against any appeal or legal action by any person and the possible financial consequences thereof, based on or directly or indirectly resulting from his manipulative actions, or resulting from the use of the Sites, as well as against any alleged violation of the General Terms and Conditions of Use or of the applicable regulatory provisions, and indemnifies ArcelorMittal Downstream Solutions against any appeal, including any dispute that may arise therefrom. This guarantee covers any fees that may be due, as well as lawyers' fees and legal costs within a reasonable limit.
Article 8 – Limitation of liability
ArcelorMittal Downstream Solutions does not guarantee the performance and changes to the Sites and Services that may occur, given the quality of the Internet and/or the technical configurations, which are not under its control.
ArcelorMittal Downstream Solutions cannot be held liable for any direct or indirect damage whatsoever, including loss of profit, customers, data or any other loss of intangible property, loss of profit or any other loss or damage that may occur due to the use of, or on the contrary due to the inaccessibility of, the Sites, even if ArcelorMittal Downstream Solutions was informed of the possibility of such damage.
If ArcelorMittal Downstream Solutions is held liable as a result of failure to comply with one of its obligations under these General Terms and Conditions of Use, compensation does not apply beyond direct, personal and established damage, with the express exclusion of compensation for all indirect and immaterial damage and detriment, such as financial damage, commercial damage, loss of exploitation and of turnover, loss of data.
Article 9 - Divisibility
Any partial invalidity, nullity or unenforceability of one or more provisions of these General Terms and Conditions of Use shall not affect the validity and enforceability of the remaining provisions. Where appropriate, the parties undertake to replace the provision in question with a valid and enforceable clause that approximates the original purpose of the provision in question as closely as possible.
Article 10 - No waiver
The fact that, by way of exception, ArcelorMittal Downstream Solutions does not invoke compliance with a provision forming part of these General Terms and Conditions of Use may in no way be interpreted as a future waiver.
Article 11 - Litigation and applicable law
These General Terms and Conditions of Use, as well as the relationship existing between the parties, are governed in their entirety and exclusively by the provisions of Belgian law.
The courts of Gent and Namur have exclusive jurisdiction to adjudicate any disputes between User and ArcelorMittal Downstream Solutions.
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