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Terms of Use of MotionTribe

Welcome to MotionTribe. In these Conditions of Use and in any other document, the user, natural or legal person, whether Owner, Renter or simple visitor, can be designated as "You" or "User (s)" and MotionTribe can be referred to as "We", "Our"  or "MotionTribe". By accessing and / or using the MotionTribe.com website (hereinafter the "Site"), you acknowledge that you have read and accept, for an indefinite period without reservation, our Terms of Use and Privacy Policy available via the following links https://motiontribe.io/en/belgium/infos/terms and https://motiontribe.io/en/belgium/infos/privacy. The User who accesses the Site on behalf of a legal entity is also personally liable for compliance with the Terms of Use.

MotionTribe explicitly excludes all other terms and conditions. These Conditions of Use may only be derogated from by means of a written form signed by each of the parties. MotionTribe reserves the right to amend and / or supplement these Terms of Use at any time deemed expedient by MotionTribe and without any formality necessary to You. In such a case, no indemnity or compensation of any nature whatsoever may be claimed by You.

MotionTribe also relies on its users to treat other users and transactions with honesty which warrants that they will follow through their contract, and guarantee that they accept liability in the event of theft or damage.

Article 1. Information and identity of Motiontribe

MotionTribe is owned and operated exclusively by Aurélien Troonbeeckx & Haroun Souirji. All intellectual property rights related to the Site and its use are exclusively reserved for them.

For any information concerning the Site, its use or any claim, please contact us at: hello@motiontribe.io

Article 2. Activity

MotionTribe is a technology company. MotionTribe is a third-party web-based service that allows Owners to make available to Renters, for consideration, the Materials they own or use and enjoy. The role of MotionTribe is strictly limited to this simple provision.

MotionTribe does not market any Hardware. MotionTribe is an intermediary third party that offers the possibility for Owners and Renters to lease their Materials on a contract basis. MotionTribe is not a party to these contracts and can not be held responsible in this regard, either contractually or extra-contractually. Through use of the Site, Landlords and Renters explicitly mandate MotionTribe to collect and distribute the Rents in accordance with these Terms of Use.

MOTIONTRIBE IS NOT AN INSURER, AN INSURANCE BROKER OR A TAX SPECIALIST. MOTIONTRIBE DOES NOT SELL OR RENT MATERIALS.

Article 3. Definitions

§ Service (s): Leasing and / or rental of Equipment (s) on the Site;

§ Renter (s): User who is a member of MotionTribe who receives a Owner's Equipment;

§ Owner (s): User who is a member of MotionTribe who offers to rent Material on the Site;

§ Profile (s): Your personal page on MotionTribe, containing a short biography, location, material and photographs;

§ Rent (s): Rental price of Equipment (s) and any related costs. The Rent is fixed by the Owner and varies according to the duration of the rental and the value of the Equipment;

§ Late fees: means the indemnities to be borne by a Renter who does not comply with the agreed schedule for the return of the Leased Equipment;

§ Material (s): any material used and / or marketed in the audiovisual field and leased on the Site;

§ User data: any content on the site www.MotionTribe.com posted by a User.

Article 4. Eligibility

The Services offered on the Site are (i) reserved for Users aged eighteen (18) years or more, with full legal capacity, and (ii) only for Belgian residents. (iii) are reserved for audio-visual professionals and audio-visual students.

Any registration, use or access to the Site by a person who does not comply with the eligibility conditions will be rejected and will be subject to sanctions.

The Users undertake to respect all the legal provisions and regulations governing the Services and all activities related to the Site but also those relating to their own professional activity. Any use contrary to the Terms of Use of the Site is strictly prohibited and constitutes a breach of which the User is personally responsible.

Article 5. Accessibility and use of the Site

MotionTribe allows you to use the Site and access the Services at the following cumulative conditions:§ that you agree not to reproduce, duplicate, copy, sell, exchange, resell or otherwise use information for any purpose other than those presented on the Site;§ You agree not to reference, create links, copy or distribute any part of the Site or the Services on any media without the prior written consent of MotionTribe;§ not to take and / or use screenshots of all or part of the Site without the prior written permission of MotionTribe;§ Use reverse engineering and manipulate to obtain or copy the source code of the Site;§ not to alter or modify the Site or any part of it and to compromise its security;§ To use information or contents of the Site in order to offer a service that is competitive there;§ To impose a disproportionate burden on the Bandwidth of the Site in order to disrupt its activity or to introduce viruses into it, in any way;§ comply with the Terms of Use, Legal and Regulatory.Furthermore, MotionTribe reserves the right, in its sole discretion and without having to justify its reasons, to suspend, modify, delete, replace or refuse any User account.MotionTribe is solely and exclusively the owner of the intellectual property rights of the Site and its content including, without limitation, its text, graphics, designs, images, videos, drawings, software, etc.You understand, and hold MotionTribe harmless from any and all liability and claims in this regard, that, through use of the Site and / or the Service, You expose yourself to User Data from a variety of sources and MotionTribe makes no claim whatsoever to their verification, accuracy or compliance with legal and regulatory requirements.The User is obliged to ensure, in accordance with the legal and regulatory provisions relating thereto, the conformity of his use of the Site and the Services.

Article 6. Obligations of Users

Users, under pain of civil and / or criminal prosecution, undertake to:

§ Use the Site and use the Services according to good morals and as a good father would do;

§ Do not spoof an identity and never use a profile of another User without prior authorization;

§ When creating a Profile, to provide true, accurate, complete information that is free of ambiguities or erroneous data;

§ Secure the profile and password according to usual usage;

§ Inform MotionTribe of any security breaches or unauthorized use of Your Profile;

§ Grant MotionTribe the right to use User Data contained in Your Profile for internal (and external?) Purposes, such as communication of User Data to other Site Users, statistics, advertisements and / marketing;

§ Do not use the content of the Site, such as User Data, for purposes that violate any privacy laws or regulations in effect;

§ Refrain from disseminating any data that may be listed as pornographic, defamatory, offensive, racist, xenophobic, obscene and, in general, any content that is contrary to laws, regulations and good morals;

Article 7. User Data

The MotionTribe Site supports the presentation of content by Users, including, but not limited to, videos, text, graphics, images, photos, or other communications and also supports the hosting, sharing, and / or publishing of such content User data on the Site.

Once communicated by the User, the User acknowledges and agrees that these User Data become public and MotionTribe does not guarantee their confidentiality. Users are solely responsible for their own User Data and the consequences of posting or publishing them.

As part of User Data you represent and warrant that:

§ you have all the licenses, rights, consents and authorizations required to authorize MotionTribe to use any patent, trademark, trade secret, copyright or other intellectual property rights;

§ You have the express consent of any person whose User Data is published on Your Profile;

§ By submitting the User Data to MotionTribe, you grant MotionTribe a worldwide, non-exclusive, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works, display and execute rights within the Site, or any company that owns it, in all media formats and through all possible channels. You also grant each Site User a non-exclusive license to access your User Data, and to use, reproduce, distribute, prepare derivative works, display and perform such User Data to the extent permitted by functionality of the Site and in accordance with these Terms of Use.

Moreover, You warrant that you will abstain:

§ make use of data protected by copyright, trade secret or otherwise protected by intellectual property rights, including privacy and publicity rights, unless you own the rights or if you own the explicit permission to publish and transfer them to MotionTribe without prior or specific permission;

§ post advertisements or business solicitations;
MotionTribe reserves the right to remove content submitted by Users without notice and without cause. MotionTribe also reserves the right to decide whether the content or publication of a User is appropriate and in compliance with these Terms of Use.

If you are the owner of the copyright or an agent of it and believe that a User of the Site violates your rights, you can submit a notification in writing to hello@MotionTribe.uk.

Article 8. Reciprocal Obligations of Owners and Renters

Owners warrant that:

§ Information about the Materials they offer is an accurate and accurate representation of their Materials. The Owners acknowledge that the Renters rely on the veracity of this information within the framework of the Services;

§ the Materials they offer are available for hire and are operational according to their description;

§ they possess the Materials they offer or, at least, have the power to praise them.

§ Without affecting the liability of the Renter when it is attributable to it, the Owners acknowledge that the Rental Equipment may be slightly damaged. As such, an Owner can not invoke the liability of MotionTribe, the Renter or the intervention of a third party insurance when deterioration would result from normal wear and tear. MotionTribe may, in the event of disagreement between the Renter and the Owner in question and at their request, act as mediator in this respect. MotionTribe may also refuse to decide or intervene, but will not be held responsible.

  Renters personally guarantee that they:

§ are fully responsible for the Materials they rent as part of the Services;

§ assume responsibility for any damage caused to a Material from the delivery by the Owner until it is returned to him;

§ assume responsibility for any loss or theft

§ will return the Materials at the agreed date and time, failing which they acknowledge that they are liable for a Late Fee that can reach the purchase price of the new product.

In the light of the foregoing, the Owner shall make an inventory of the entry and exit of the Equipment, failing which the Renter is deemed to have delivered the Equipment in the condition in which it was received.

MOTIONTRIBE DOES NOT REPRESENT THE USER'S MATERIALS AND INFORMATION PUBLISHED. THE USERS CONTRACT WITH OTHER USERS AT THEIR OWN RISKS AND EXCLUDE THE LIABILITY OF MOTORWAY AND FACTO THEREFORE ANY CLAIM IN RESPECT OF THEM.

Article 9. Payment and terms of payment

In consideration for the facilities granted by the Site, MotionTribe receives a commission on the Rent of Services. Taxes may also be charged. MotionTribe collects the Renter's payment as an agent of the Owners.

For the Services, MotionTribe levies a percentage equivalent to 15% of the Rent. In addition, MotionTribe charges 5% of the rent including taxes and insurance to open PayPal payment and other online payment fees. MotionTribe can not be held responsible for any delay in payment.

MotionTribe uses a third-party service, Paypal, to process payments. The processing of your personal data is carried out in accordance with the privacy policy of Paypal, available on its website). MotionTribe does not store credit card information on its servers.

The price suggestions offered on the MotionTribe site are default prices, but a lower transaction price may be agreed by both parties. This price will be communicated on the Site failing which, MotionTribe will calculate its commission on the price indicated on the Site.

If a Renter or Owner cancels a more

If a Renter cancels two days or more prior to the pick-up date, there is a full refund excluding MotionTribe charges. If a Renter cancels the day before the collection, there is a 50% refund of the rental price, except MotionTribe charges. If a Renter cancels on the pick-up date, there is no refund. Recidivists in terms of cancellation may see their account suspended or deleted.

The Late Fee is equal to the amount of the Daily Rent. The Deferral Fee is capped at the total value of the Leased Equipment. However, if the Equipment is not delivered within 21 calendar days of the end of the rental period, the Equipment will be considered as stolen or lost under the terms of these Terms of Use. Renters expressly agree to be charged by MotionTribe for Late-Time Fees.

Article 10. Taxes and charges

It is the responsibility of the Owners to pay all taxes and levies on the Rent collected within the framework of the Services.

MotionTribe does not advise in any way whatsoever and is not responsible for performing the obligations of the Users in such a case.

Article 11. Insurance

MOTIONTRIBE IS NOT AN INSURER OR AN INSURANCE BROKER. It is the responsibility of the Renters to be in possession of adequate insurance and at least a valid and orderly civil protection. MotionTribe assumes no responsibility for theft, loss or damage to Materials on the Site. Renters agree to hold MotionTribe free from liability.

Renters can take out insurance offered by a third party partner of MotionTribe. Users wishing to know the terms and conditions of the insurance can click on the following link: http://www.rbgroupe.be/motiontribe.

Owners and Renters have the option to provide proof of private insurance. If the Owner provides an insurance policy as part of the Services, the Service must be downloaded prior to the completion of the transaction. In this case Motiontribe can not be held responsible for damage caused or any loss resulting from the conditions of insurance provided by the users.

All claims for loss or theft must be reported to MotionTribe within 24 hours of the date of loss or theft.

The Users authorize MotionTribe to investigate any claim that may be brought back to us or any litigation that we may have knowledge of, without guaranteeing its assistance as a mediator.

THERE ARE NO WARRANTIES THAT USERS WHO HAVE SUBSCRIBED TO THE INSURANCE PROPOSED BY MOTIONTRIBE WILL HAVE A REIMBURSEMENT.

Article 12. Liability

MotionTribe wants to provide its Users with an easy and reliable way to connect with each other. The Materials present on the Site are under the exclusive control of the Users. Thus, MotionTribe does not guarantee that a Hardware is what an Owner claims to be. MotionTribe does not warrant that the Renter will proceed with its reservation, return the Equipment, or return it without damage. MotionTribe does not warrant that the Owner provides accurate and correct descriptions of the Material or that the Owner transfers the Material to the Renter without defects or defects.

MotionTribe can not be held liable for the content or actions (or lack of action) of the Users or the Materials they rent. You acknowledge that we are not a User of the Site. On the contrary, MotionTribe is a place of exchange and We do not intervene in the transaction between Renter and Owner. Consequently, we have no control over the quality, safety or lawfulness of the Materials listed, the veracity or accuracy of the content or announcements of the Users, the ability of the Owners or Renters to use the Services. Nor can we ensure that the Owner or Renter will complete the transaction.

The rental agreements are concluded directly between the owners and the Renter. Furthermore, we can not guarantee a continuous and secure access to the Services, as the good functioning of our Site and Services can be affected by many factors that we do not control. We therefore exclude any warranties, conditions or other provisions and shall not be liable for any loss of money, goodwill or reputation, or for special, indirect or consequential damages arising out of or in connection with the use of Our Site and Services. We waive all warranties and liability to the extent permitted by applicable law.

Without prejudice to the stipulations in the preceding paragraph, if MotionTribe is held liable by a competent court, to You or a third party, Our liability shall not exceed the greater of: (a) the total amount of commissions you paid us during the 12 months preceding such action; or (b) EUR 150.

In the event of a dispute with one or more Users, You release us from all liability (including our directors, directors, agents, affiliated and associated companies, joint ventures and employees) for any and all claims and damages type or nature, known or not, resulting directly or indirectly from such disputes.

You further agree to indemnify and defend MotionTribe (including reasonable attorneys' fees) and our directors, officers, agents, affiliates and associates and employees from any claims or claims made by any third party arising out of or as a result of any breach by you of these Terms of Use or any document incorporated by reference herein or your violation of any law or right of such third parties.

Article 13. Intellectual property rights

The content of the MotionTribe Site, except all User Data, including, without limitation, text, software, scripts, graphics, images, photos, sounds, music, videos, interactive features and the like ") And the trademarks, service marks and logos contained therein (the" Marks ") are the property of MotionTribe and are subject to copyright and other intellectual property rights under Belgian and foreign laws and international conventions. The Site Content is provided AS IS for your personal information and use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or exploited for any other purpose, MotionTribe's prior written consent. MotionTribe reserves all rights not expressly granted in and to the Site and Content.

Article 14. UAVs and unmanned aerial vehicles

Under no circumstances may a Renter use a drone for illegal purposes. The Renter is responsible for compliance with any legislation concerning the use and operation of drones.

Article 15. Miscellaneous provisions

These Terms of Use represent the entire agreement between MotionTribe and You.

Any nullity or lapse of any of the clauses of these Conditions of Use does not invalidate or render null and void the other clauses contained therein, unless this clause constitutes an essential element and which infringes considerably to its nature.

All texts, comments, magazines, illustrations and images displayed on the Site are protected by copyright and related rights, as well as by every intellectual property right throughout the world. Any partial or total reproduction of the Site or its components is strictly prohibited and subject to the claim for damages by Us.

The Site may contain links to third party sites that are not owned or controlled by MotionTribe. MotionTribe disclaims any liability in connection with these third parties.

Failure to require the strict application of any of the provisions of these Terms of Use shall not be considered as a tacit waiver of Our Rights and shall in no way prevent us from further requiring strict compliance with these provisions.

Users may not assign, transfer their rights under the Terms of Use. MotionTribe and its Users agree to make every effort to find an amicable solution to any dispute that may arise.

Only Belgian law is applicable to these Terms of Use. Any dispute concerning the existence, execution and / or interpretation of these Terms of Use is subject to the exclusive jurisdiction of the courts of the borough in which We are established, in the French language.

Article 16. Referral Program

Motiontribe reserves the right to modify the rules and conditions of its sponsorship system at any time and without notifying its users. The invited and audited members must be professionals in the world of video, photography or creative active in the audiovisual sector. Audiovisual students are also accepted on the platform. But to put their equipment in rent, they must have a VAT number.

Qualifying Rentals A qualifying lease must be made for an amount of Minimum 100 £ excl. VAT and excluding insurance. You can use one coupon per purchase round of £100 on MotionTribe. This amount may vary during promotional periods.   Use of your coupons Discount coupons can not be applied to past rentals. They expire one year after their issue date, and may only be used once. They are also not reusable if you cancel a reservation for which the discount vouchers are applicable.   To be activated, guests must use the link, activate it and check their account on MotionTribe within 14 days of receiving the invitation email.