TERMS OF USE
Last updated 28/12/2020
1. General information
The web site available at https://datacenters-in-europe.com (the “Web Site”) is owned and operated by:
LU-CIX ASBL, a non-profit association (association sans but lucratif), organized and existing under the laws of the Grand Duchy of Luxembourg, having its registered office at 202, Z.A.E. Wolser F, L-3290 Bettembourg - Grand Duchy of Luxembourg, and registered with the Luxembourg Trade and Companies Register under the number F7911 (hereinafter “LU-CIX”)
Contact details: (+352) 28 99 29 92 / info[at]lu-cix[dot]lu
2. Our Terms of Use
By accessing or using the Web Site, you agree to be bound by these terms of use (the “Terms of Use”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, please do not access or use the Web Site.
Please read carefully these Terms of Use before using the Web Site.
LU-CIX reserves the right to modify or update the Terms of Use at its sole discretion, at any time and without prior announcement. You are responsible for informing yourself of the Terms of Use in force at the time of use of this Web Site. Your continued usage of the Web Site following the posting of changes to these Terms of Use will mean you accept those changes.
3. Our services
The Web Site provides free online access to information about the ICT environment in Luxembourg. Only service providers located in Luxembourg (i.e. data centers, colocation and cloud service providers as well telecommunication operators who offer their services in a data center located in Luxembourg) are eligible to be visible on the Web Site.
4. Use of the Web Site
4.1. User conduct
You agree to only use the Web Site in a manner consistent with these Terms of Use and all other policies as published on the Web Site from time to time, and in compliance with applicable laws and regulations
You further agree not to use the Web Site to:
(i) take any actions which would cause LU-CIX and/or LU-CIX Management G.I.E. to be in violation of any laws, rulings or regulations applicable to LU-CIX and/or LU-CIX Management G.I.E.;
(ii) upload, post, email, distribute, communicate, transmit or otherwise make available any content that: (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libellous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (b) infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party, (c) comprises or includes any "junk mail", "spam", "chain letters", "pyramid schemes", or any similar form of solicitation.
4.2. User-generated content
LU-CIX may host user-generated content from users.
If you come across content that you find offensive or upsetting, please report the content by contacting us at info@lu-cix.lu or at the address provided above.
4.3. Indemnification
You agree at all times to indemnify, defend and hold harmless LU-CIX and/or LU-CIX Management G.I.E., their agents, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever sustained, incurred or paid by LU-CIX and or LU-CIX Management G.I.E. (including legal fees on a full indemnity basis) directly or indirectly in respect of (i) any information or other content you provide on or through this Web Site and (ii) your use or misuse of the content of this Web Site, including without limitation infringement claims.
4.4. Protection of minors
The Web Site is not intended for and may not be used by minors under the age of 13 years old.
We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our privacy policy by instructing their children never to provide personal data through the Web Site without their permission.
5. Intellectual Property Rights
Any and all intellectual property rights associated with the Web Site and its content, including, but not limited to text, graphic images, audio, photo, video, html code, buttons, trademarks, software, logos (the “Content”) are the sole property of LU-CIX, LU-CIX Management G.I.E., their service providers or their partners, unless otherwise indicated.
LU-CIX hereby grants a non-exclusive, non-transferable, free licence to you to use the Web Site for the duration of your relationship with LU-CIX.
The Content may not be sold, distributed, transmitted, copied, modified or decompiled, in any way, without the prior written consent of LU-CIX. Any unauthorized use of the Content is expressly prohibited and may constitute an infringement of intellectual property rights of LU-CIX or its partners, which may result in civil and criminal penalties.
It is also prohibited, subject to the exceptions provided by law, to decompile or disassemble the Web Site, use it for commercial purposes or public performance or infringe in any way the intellectual property rights of LU-CIX or its partners.
6. Data protection and privacy
LU-CIX will process your personal data in accordance with its Privacy Policy accessible on the following link: Privacy Policy.
7. Hypertext links and related sites
Links to this Web Site are allowed, provided that LU-CIX is informed prior to the publication of the link via e-mail at info@lu-cix.lu. LU-CIX reserves the right to withdraw this permission in the future. By receiving information about such links, LU-CIX makes no judgment or warranty with respect to the websites providing such links or their content, and LU-CIX takes no responsibility for these websites.
This Web Site may contain links to websites not operated, controlled or supervised by LU-CIX. These links are provided solely as a convenience for you. If you follow these links, you’ll leave the Web Site, and will be subject to the terms of use and privacy policy applicable to those websites. By providing such links, LU-CIX makes no judgment or warranty with respect to the websites accessible through the links or their content, and LU-CIX takes no responsibility to these websites.
8. Disclaimer of Warranties
LU-CIX has compiled and organized the content of this Web Site to the best of its knowledge and provides it on an "as is", "as available" and "with all faults" basis.
To the fullest extent permissible by law, no representation is made or warranty given, either express or implied, that the information on the Web Site is accurate, complete, or useful.
LU-CIX does not represent or warrant that the Web Site will be error-free or uninterrupted; that defects will be corrected; or that the server that makes the Web Site available is free from any harmful components, including, without limitation, viruses.
You expressly agree that your use of the Web Site is at your sole risk.
9. Limitation of Liability
Under no circumstances will LU-CIX be liable to you for any reasonably foreseeable loss and damages of any kind resulting directly from a breach of these Terms of Use.
LU-CIX may not be liable to you or anyone else for in case of:
(i) damage resulting from access or use of the Web Site or the inability to use the Web Site;
(ii) damage resulting from inaccuracies or omissions in this Web Site or from any decisions you may make based on information contained in this Web Site;
(iii) damage resulting from non-accessibility of this Web Site attributable to the Internet, the Internet service provider, or communication networks;
(iv) damage resulting from loss of use, data, goodwill, or profits, whether or not foreseeable;
(v) damage caused to any user's computer, mobile device, or other equipment or technology;
If you are dissatisfied with the Web Site, its services, its Content, or with the Terms of Use, your sole and exclusive remedy is to discontinue using the Web Site.
Nothing in this clause limits or excludes LU-CIX’s liability for gross negligence or wilful misconduct.
10. Miscellaneous
10.1. English Version
The English version of these Terms of Use will be the version used when interpreting or construing these terms.
10.2. Entire Agreement
These Terms of Use constitute the entire agreement between you and LUX-CIX regarding your use of the Web Site and supersede any prior agreements between you and LU-CIX relating to the Web Site.
10.3. Severability
Should any term or provision of the Terms of Use be declared invalid, the Terms of Use shall be construed as if the said term or provision did not exist, and the remaining terms and conditions of the Terms of Use shall remain valid. If necessary, the parties shall replace the invalid term or provision.
11. Applicable law and Jurisdiction
To the fullest extent permitted by law, you hereby expressly agree that any proceedings arising out of or relating to your use of the Web Site, its information, services and Content shall be governed by and construed in accordance with Luxembourg law, without giving effect to any other choice of law or conflict-of-laws rules or provisions that would cause the laws of any jurisdiction other than Luxembourg to be applicable.
Any dispute in connection with these Terms of Use shall be submitted to the exclusive jurisdiction of the competent courts of the city of Luxembourg.