Terms and Conditions ("Terms")

Last updated: July 15, 2014

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Elaba! mobile application (the "Service") operated by Palaplu BVBA ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.


a. Your Content Generally. Certain features of the Services may permit users to post Content, including photos, images, data, text, and other types of works and to publish such Content on the Services. You retain your copyright and any other proprietary rights you may have in any Content you submit, post, publish, or display on or through the Services.

b. Limited Grant to Elaba!. If you submit, post, publish or display Content on or through the Services, you grant a worldwide, non-exclusive, royalty-free, transferable, sublicensable right and license to Elaba! to host, store, transfer, display, perform, reproduce, modify, publish, create derivative works of, and distribute such Content in any and all formats and channels we choose in our discretion at any time. Any such use of your User Content by Elaba! may be without compensation paid to you.

c. Limited License Grant to Other Users. By posting and sharing your Content with another user of the Services, you hereby grant that user a non-exclusive license to access and use such Content as permitted by these Terms and the functionality of the Services.

d. Representations and Warranties about Your Content. By posting and publishing your Content, you affirm, represent, and warrant that:

i. you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and authorize Elaba! and users of the Services to use and distribute Content you submit, post, publish, or display on or through the Services as necessary to exercise the licenses granted by you in this Section 5 and in the manner contemplated by Elaba! and these Terms; and

ii. Content you submit, post, publish, or display on or through the Services, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person.

e. Content Disclaimer. You are solely responsible and liable for your use of Content. We are under no obligation to edit, monitor, or control Content that you or others submit, post, publish, or display on or through the Services, and we will not be in any way responsible or liable for such Content. We make no representations and disclaim any obligations with respect to the completeness, truthfulness, accuracy, or reliability of any Content. We do not endorse any Content, including, for instance, opinions you or other users upload to the Services. You may see or hear Content that you may find offensive, harmful, inaccurate, deceptive, or otherwise inappropriate through your use of the Services. Elaba! will not be liable under any circumstances for any claims, losses or damages relating to any Content. For instance, Elaba! will not be liable for any claims, losses, or damages arising from errors or omissions in Content or damage resulting from use of Content. If you use or rely on any Content, you do so at your own risk. Elaba! may, however, at any time and without prior notice, screen, remove, edit, or block any Content that in our sole judgment violates these Terms or is otherwise objectionable. You agree to waive, and hereby do waive, any legal or equitable remedies you have or may have against Elaba! with respect to Content. If notified by a user or content owner that Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the Content, which we reserve the right to do at any time and without notice. For clarity, Elaba! does not permit copyright-infringing activities on the Services.

Restrictions on Content and Use of the Services

By accessing or using the Services you agree not to:

(i) reverse engineer or otherwise attempting to discover the source code of the Services or any part thereof except to the extent that such activity is expressly permitted by applicable law

(ii) interfere with security-related features of the Services, including without limitation by (i) breaching, disabling or circumventing security and authentication measures that prevent or limit use or copying of any Content, (ii) accessing, tampering with, or using non-public areas of the Services or Elaba!’s computer systems or networks, or (iii) probing, scanning, or testing the vulnerability of any system or network;

(iii) perform any fraudulent activity including (i) impersonating any person or entity, (ii) forging any headers or any header information, (iii) claiming false affiliations, (iv) accessing the Services accounts of others without permission, (v) falsifying your age or date of birth, or (vi) sending any deceptive information;

(iv) interfere with, or disrupt, the operation of the Services or the enjoyment of any user by, without limitation, (i) uploading or otherwise disseminating a virus, adware, spyware, worms, or other malicious code (ii) sending excessive or unsolicited messages, email, or other communications to, on, or through the Services, (iii) interfering with or creating an undue burden on the Services or designing any Content to do the same, (iv) making unsolicited offers or advertisements to other users of the Services, (v) collecting personal information about users or third parties without their consent, (vi) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, or (vii) violating the regulations, policies, or procedures of such networks, equipment, or servers;

(v) violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;

(vi) post, upload, or distribute any Content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

(vii) sell or otherwise transfer the access granted herein or any Materials (as defined in Section 7) or any right or ability to view, access, or use any Materials;

(vii) use the Services for any illegal purpose, or in violation of any local, state, national, or international law; or

(viii) attempt to do any of the foregoing in this Section 9, or assist or permit any persons in engaging in any of the activities described in this Section 9.


When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Palaplu BVBA.

Palaplu BVBA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Palaplu BVBA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.


We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Belgium, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.


We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us privacy@elaba.be.



This privacy policy governs your use of the software application Elaba! (“Application”) for mobile devices that was created by Palaplu BVBA. The Application is a social networking application where users share activities, geolocalized to the venue locations of the Gentse Feesten festival and possibly pictures. These posts ("Post") are shared with all other users of Elaba! or with selected 'friends' on Elaba! Users also receive digital badges for achievements based on their posted activities. Elaba! offers other digital badges as in app purchases.


What information does the Application obtain and how is it used?

User Provided Information 

The Application obtains the information you provide when you download and register the Application using your Facebook login. Registration with us is mandatory.

We use Facebook Login so you can use your existing Facebook.com account to access the features of the Application. You must explicitly authorize Facebook to share your information with us when you first login to the Application with your Facebook credentials.

When you register with us and use the Application, you generally provide (a) your name, email address, age, user name, password and other registration information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; (d) credit card information for purchase and use of the Application, and; (e) information you enter into our system when using the Application, such as contact information and project management information.

We may also use the information you provided us to contact your from time to time to provide you with important information, required notices and marketing promotions.


Automatically Collected Information 

In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application. 


Does the Application collect precise real time location information of the device?

When you make a Post from within the application, we use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and reverse geocode your location data to an official venue of the Gentse Feesten. Your current location will be shared in this form with other users of the Application as an editable text addition to your Posts. This text can be removed. Your geocoded location is saved on our servers.

If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application. 


Do third parties see and/or have access to information obtained by the Application?

Yes. We will share your information with third parties only in the ways that are described in this privacy statement.

We may disclose User Provided and Automatically Collected Information:


What are my opt-out rights?

You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at privacy@elaba.be.


Data Retention Policy, Managing Your Information

We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at privacy@elaba.be and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.



We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at privacy@elaba.be. We will delete such information from our files within a reasonable time.



We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.



This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here and informing you via email or text message. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes. You can check the history of this policy by clicking here.


Your Consent

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the Belgium. If you reside outside Belgium your information will be transferred, processed and stored there under Belgian privacy standards. 


Contact us

If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at privacy@elaba.be.