1. Definition :
    1. "We" or the "BLUE SKY CONSULT": the limited liability company BLUE SKY CONSULT whose registered office is located at 1932 Zaventem, Leuvensesteenweg 283, and registered at the ECB under number 0716.817.033.
    2. "You" or the "Artist": any photographer, designer, painter or any other person wishing to entrust the sale, promotion and distribution of Works on the Platform.
    3. "Work": an image, photo, drawing or painting to which the Artist holds the rights.
    4. "Looperz" or the "Platform": the digital platform developed by BLUE SKY CONSULT and accessible on www.Looperz.co and ensuring the promotion and distribution of the Works in digital and printed versions.
    5. The "Customer": any person wishing to order a Work in a format offered on the Platform.
    6. We and You are hereinafter referred to individually as a "Party" and collectively as the "Parties".
  1. Who is Looperz? Looperz is an innovative and ambitious digital platform whose objective is to constitute a "Market place" for photographers, and in general for all lovers of visual art. As an Artist, Looperz helps you to promote and distribute your Works while it allows Customers to easily and legally order Works in a specific format. From then on, the Artist benefits from a secure online payment system, as well as a printing and logistics service for the realization of the Clients' orders. Registration on the platform is free and is done by creating a personal account that allows the Artist to make his/her Works available on the Platform. The Artist is paid in proportion to the sales of the Works.
  1. Scope of these terms and conditions: These terms and conditions define the conditions governing your access and use of the Platform through one or more personal accounts and govern the relationship between yourself or the company you represent and BLUE SKY CONSULT. By registering for the Platform, you (on behalf of yourself or the company you represent) agree to be bound by all of the provisions of these terms and conditions. These terms and conditions define the obligations of each of the Parties and apply to all our contractual relationships. These terms and conditions are brought to the Artist's attention by their addition to their registration on Looperz. A copy of these terms and conditions is also available on the Platform. The Artist acknowledges having read and accepted our terms and conditions, which are automatically applicable to all services available on the Platform. Any deviation from our terms and conditions requires written confirmation from us. These terms and conditions are the only ones applicable.
  1. Your Account: You need a personal account to use the Platform services. To create an account on the Platform, you must fill in the digital form submitted and be registered with the Central Enterprise Bank and have a VAT number. We reserve the right to deny access, terminate an account, remove or edit content if you are in violation of applicable laws, these terms and conditions or any other Looperz terms, conditions, guidelines or policies.
  1. Operation and use of Looperz: The Artist creates a personal account and then has the possibility of making his/her Works available by selecting those that he/she intends to put on sale on the Platform. In this respect, the Artist will comply strictly with the terms and conditions laid down by the Platform. In particular, the Artist will classify his/her photos in accordance with the categories proposed and will add, if necessary, a title, a description as well as any other information requested by Looperz (keywords, print formats, file type, etc.). The Artist will always ensure that he/she provides his/her Works in the form of a file of sufficient definition to allow printing in the formats made available on the Platform. The Artist is solely responsible for the quality of the file in relation to the intended printing. BLUE SKY CONSULT has a discretionary choice on the selection of the Artist. Consequently, we can refuse to put on sale all or part of the Works offered for sale or suspend the online publication of the Works as long as the information filled in by the Artist is not in conformity. The Customer places his order in accordance with the selection approved by BLUE SKY CONSULT, which will entrust an independent service provider with the production of the print in the chosen format and the shipping of it. The full amount of the Customer's order is collected directly on behalf of BLUE SKY CONSULT. The Artist is paid for all the orders of his or her Works made on the Platform in accordance with article 6 of these general conditions.
  1. Terms of payment: On a monthly basis, BLUE SKY CONSULT will issue an invoice to BLUE SKY CONSULT on behalf of the Artist, who has authorised it to do so by accepting these terms and conditions, for the amount due to it as payment for the month in question. However, the Artist accepts that if the total amount of his or her fees is less than 75€ including tax, the issue of his or her invoice will be postponed to the following month for a maximum of 3 consecutive months. The Artist's invoices are payable no later than 60 days after their date of issue. In the event of a complaint about an invoice, including in terms of amount, the Artist must notify BLUE SKY CONSULT within 15 (fifteen) days of receipt of the invoice, on pain of foreclosure. After this period, the invoices will be considered as definitively accepted by the Artist. In any event, the Artist is solely responsible for all his or her social security and tax obligations, including VAT. Consequently, the Artist expressly acknowledges that he/she alone remains responsible in the event of failure to comply with invoicing rules and that he/she will suffer the consequences with regard to VAT.
  1. The Artist's obligations and responsibilities: The Artist is responsible for the data and information that he or she provides to us for the purposes of granting the licence to use the Platform, guarantees its accuracy and undertakes to inform us of any changes. We cannot be held responsible for any defects, faults or errors, whether intentional or not, in the information that the Artist publishes on the Platform or for the compliance of this information and services with the laws and regulations in force. We cannot be held responsible for any defects or encoding errors, whether intentional or not, made in connection with the provision of Works on the Platform. In this respect, the Artist expressly acknowledges that he or she is able to use the Platform in an appropriate manner. The Artist is prohibited from sharing false, erroneous, misleading or defamatory content and photographs of a pornographic or child pornography nature. We do not accept any responsibility for the loss of information communicated by e-mail or via the Internet, and/or for delays in communication, if data has been intercepted, modified, transmitted incompletely or lost. The Artist is entirely and exclusively responsible, without any recourse against Us, for the use of the Platform by him or her or by third parties to whom he or she has voluntarily or involuntarily allowed access to his or her data, as well as for its consequences. In particular, the Artist is solely responsible for the confidentiality of any codes and passwords that allow the Platform to be used and for access to his/her data, as well as for such use and access by one or more third parties, whether or not authorised by him/her. The Artist undertakes not to use the Platform in an abusive manner and not to disrupt or interrupt the use of the Platform by one or more other users. The Artist also undertakes not to make the Platform available to third parties through unauthorised distribution channels.
  1. Intellectual property: In general, the Artist authorizes Us to freely promote, display, make available, broadcast, download and distribute the Works (digital versions and/or printed versions). This authorization is granted to be effective in all places. It includes for BLUE SKY CONSULT the right to exploit directly or through any technical intermediary of its choice, the following economic rights of author:
- The right to reproduce, adapt and save the Works in all formats and on all digital storage units directly or temporarily useful for the planned online operations;
- The right to represent and distribute all or part of the Works in digital and printed form by any means of communication;
- The right to adapt, modify, transform, in particular compress the Works in order to integrate them, in particular in a database or a compilation comprising other works, even by other authors and/or of a different genre, or to allow their integration and use on the envisaged media;
- The right to adapt the Works for integration into a digital environment including, in particular, hyperlinks, graphics, sounds, texts, advertisements, and more particularly a website with the consequences linked to the ergonomics and presentation of computer screens and the right to make any adaptation, arrangement, modification and any other transformation in order to improve the protection of the Works or the service provided to the user of the Platform
The Artist is aware of the fact that digitisation on the Platform may result in imperceptible but nonetheless real alterations to the original Works, and accepts that in any event, these modifications, which are imposed by technical necessity, cannot constitute denaturing of the Works within the meaning of moral rights. The Artist undertakes not to challenge our intellectual property relating to the development, design and marketing of the Platform and related services. As long as the Artist complies with these terms and conditions, We grant him or her a non-exclusive, non-transferable and revocable license to use the Platform. All rights relating to the Platform and its content, as well as its functionalities are (1) the exclusive property of BLUE SKY CONSULT (in particular the intellectual rights linked to its design and its development, source codes, copyright, trademarks, copyrights); (2) protected by the legal provisions applicable at the international and national level; (3) are in no way transferred in whole or in part within the framework of the license for use of the Platform By using the Platform, the Artist undertakes to respect the Intellectual Rights of BLUE SKY CONSULT as well as those held in general by any other person whatsoever and, in particular, not to copy, transfer, download or share any content without having the required rights to do so. In the event of a breach of one or more of the undertakings set out in this article, We have the right to remove the content that is the cause of the breach and to suspend or terminate your license to use the Platform without notice or compensation. Any suggestion that the Artist sends to Us with a view to adapting or improving the Platform may be used by the Artist free of charge, irrevocably and without condition. 
  1. The Artist's copyright: The Artist guarantees that he or she holds all rights to the Works, enabling him or her in particular to make them available on the Platform. He/she guarantees that the Works do not contain any text or image that is contrary to any legal or regulatory provision and that they comply with the law and jurisprudence relating to image rights. In this respect, BLUE SKY CONSULT reserves the right to accept a Work only if the Artist produces an authorisation duly signed by the interested party, covering the uses envisaged on the Platform. The Artist shall bear all the consequences of any action brought by a third party against BLUE SKY CONSULT as a result of the promotion and distribution of the Works under the present contract. The Artist will also be responsible for any condemnation against BLUE SKY CONSULT due to the infringement, if this is proven, and this in principal, interest and legal costs. BLUE SKY CONSULT also reserves the right to claim its own damages, if any. In the event of a dispute relating to the copyright of a third party, the amounts owed by BLUE SKY CONSULT to the Artist will be temporarily set aside in order to be compensated in the event of a conviction. In case of complaint or proceedings, We reserve the right to suspend totally or partially the personal account of the Artist.
  1. Obligation and responsibility of BLUE SKY CONSULT: All our obligations are obligations of means. We will not be held responsible if, despite our efforts, the result expected by the Artist is not achieved. We are only liable in case of fraud or gross negligence on our part or in case of violation of a mandatory law. In the latter case, our liability is limited to the compensation of foreseeable, direct, personal and certain damages suffered by the Artist, excluding compensation for all indirect or immaterial damages, such as additional expenses, loss of income, profits, opportunity, clientele, loss or deterioration of data, or damages caused to third parties. We cannot also be held responsible for the total or partial non-performance of our obligations, if this non-performance is due to an act of God, the occurrence of an element constituting force majeure or any other event attributable to the Artist or to a third party. We do not provide any guarantee relating to the Platform. We do not guarantee that the Platform will not contain any programming or other errors, that it will meet all of the Artist's expectations, that it will not be subject to malfunction, that there will be no interruption in its use or impossibility of using it, that it can be used in any location, that there will be no loss of content or any other data, that it is suitable for a particular purpose, that there will never be any transmission or storage problems, etc.  We will ensure, as far as possible, that the Platform and the Works made available on it are free of bugs, viruses, trojan horses and unauthorized spyware. However, it cannot be excluded that these may be present. We cannot be held responsible for any damage and/or loss that may result for the Artist. In this respect, We strongly advise You to install on your computer, tablet or mobile, firewalls, antivirus and other necessary protection software. We cannot be held responsible for any damage resulting from modifications made to the Platform by unauthorized persons, such as a hacker or a person who has stolen a Client's login and password. We cannot be held responsible for any damage resulting from the transmission to the Artist of viruses, spyware, malware or any other software via the servers that provide access to the Platform and/or third-party sites for which hyperlinks appear on the Platform. BLUE SKY CONSULT, except in the case of fraud or gross negligence, assumes no responsibility for the unavailability of the Platform in the event of force majeure, due to a third party, or in the event of a temporary suspension, whether announced or not, including all maintenance and improvement operations on the Platform.
  1. Term and Termination: These terms and conditions shall come into effect on the date You complete your registration to use the services offered by Looperz with your personal account and shall continue until terminated by either Party as provided below. You may terminate your use of the Platform at any time, immediately after you have unsubscribed from the Platform in accordance with the procedure set forth therein. In such case, the account deletion will be carried out within a maximum of one week. We may terminate our collaboration and your use of the Platform upon 7 days' notice. We may suspend or terminate your use of any Platform service immediately if we determine that (a) you have violated these terms and conditions and have not remedied the problem within 7 days of notification for correction, unless your violation exposes us to liability to a third party, in which case we will be entitled to reduce or waive the above remediation period at our discretion to a reasonable extent; (b) your account has been used for any deceptive, fraudulent, illegal activity, or for any activity outside the visual art industry; or (c) your use of the Platform has harmed users of the Platform. We will notify you of any such termination or suspension by email, or similar individual means of notification, stating the reason. Any suspension will continue until You provide satisfactory evidence that You have remedied its cause and implemented the necessary changes, except in the case of a suspension based on (b) or (c), for which We will terminate, or may not reinstate, Your account in light of the activity or harm that was initially deceptive, fraudulent, illegal, or otherwise unsuitable for use on the Platform. The suspension of the Artist's personal account will result in the removal of his or her Works and his or her listing from the Platform for the duration of the said suspension. In the event of termination, for any reason whatsoever, the Artist's personal account will be deleted and he/she will consequently no longer have access to the Platform's services. In addition, all of his/her Works and references will be removed from the Platform. All rights and obligations under this Agreement are terminated immediately, with the exception of rights to any payments still due on the date of termination. In any event, in the event of a breach of these terms and conditions by the Artist, We reserve the right to refund the Client the amount of his/her order, without the Artist being able to dispute this or claim any repayment or remuneration.
  1. Modification of the Platform: We reserve the right to modify all or part of the Platform, including its hosting, at any time, without compensation and without prior notice, in order to improve the quality of services. We may adapt and complete the functionalities of the Platform or delete some of them without being obliged to inform the Artist in advance or to compensate him/her. In this respect, BLUE SKY CONSULT does not assume any responsibility for the unavailability of the Platform resulting from any maintenance and improvement operations. Moreover, We reserve the right to delay or suspend a sale, to refuse to put on sale or to withdraw from sale any Work and to impose to the Artist not to put on sale any of its Works.
  1. Protection of personal data: We respect the right to privacy and always act in accordance with the applicable legislation. By using the Platform, the Customer agrees to the way we collect and process his/her personal data. Through the Platform, personal data about the Customer is collected in various ways. This data is protected and neither Party may disclose its content, except (i) for the use of the Platform, (ii) in order to face an imminent danger, (iii) to respond to an injunction of the judicial authorities and (iv) in case of necessity to support a claim or defense in a dispute between the Parties. By communicating his personal data, the Client expressly agrees that BLUE SKY CONSULT may store and process this data for the aforementioned purposes. The Artist has an individual right to access, withdraw and rectify his/her personal data. In case of modification, the Artist must send us a written request. The Artist may always object free of charge to the processing of his/her personal data for direct marketing purposes or consult his/her personal data and correct it free of charge by contacting us.
  1. Right of withdrawal: The Artist acknowledges that the Client, as a Consumer in the sense of the Economic Law Code, can benefit from the right of withdrawal for any order placed on Looperz in accordance with article VI.47 CDE. In the event that the Client exercises his/her right of withdrawal, no amount will be paid to the Artist under the sale thus cancelled.
  1. Assignment: We are entitled to assign or pledge, in whole or in part, the obligations arising from our contractual relationship. The Artist will be notified of such assignment or pledge by email to the Artist fifteen days prior to the effective date of assignment.
  1. Prohibition on Reverse Engineering: You may not and will not encourage, assist or authorize anyone to (i) copy, modify, alter the Platform in whole or in part, create derivative works from the Platform or (ii) reverse engineer, decompile or disassemble the Platform software.
  1. Changes to Terms and Conditions: We reserve the right to make changes to our terms and conditions, including these Terms and Conditions, at any time. You are subject to the terms and conditions, procedures and these Terms of Use in effect at the time you use the Platform. The current terms and conditions are available on the Platform.
  1. Dispute resolution and applicable law: Any dispute relating to the validity, interpretation or execution of these general conditions of our intervention and/or services will be submitted to the jurisdictions of the judicial district of Hainaut - Mons Division. The present general conditions are governed by Belgian law.
  1. Miscellaneous: The failure of a Party to avail itself, for a certain period of time, of its rights under this agreement shall never entail the renunciation of the rights in question. The possible nullity of one of the clauses of the present general terms and conditions does not entail the nullity of the whole of them. Wherever possible, the Parties shall replace the invalid clause with a valid clause having an equivalent economic effect.
  1. Notice: For contractual purposes, you agree that all agreements, information, disclosures and other communications that We send to you electronically satisfy any legal requirement to communicate in writing, unless a specific mandatory law requires another method of communication, and you are required to inform Us of your desire to receive communications that are not by email, otherwise sending electronic communications is sufficient.