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Terms of use of the Chapoo Service




PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY USING THE CHAPOO SERVICE YOU AGREE TO THE TERMS CONTAINED IN THESE TERMS OF USE (THE AGREEMENT). THE PARTIES CONFIRM THAT THIS AGREEMENT AND ALL RELATED DOCUMENTATION ARE AND WILL BE DRAFTED IN ENGLISH.


Please notice that you may be required to sign an additional license agreement for the use of Chapoo. In case of conflict between these Terms of Use and the License Agreement, then the License Agreement will prevail.

INTELLECTUAL PROPERTY OWNERSHIP

Any and all intellectual property rights associated with the Chapoo Site and the text, software, music, sound, photographs, video, graphics, domain names, URL's, advertisements, commercially produced information, and other materials contained on the Chapoo Site (Chapoo content), including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (Intellectual Property), are the sole property of Chapoo nv (Chapoo) or its third party licensors, and, except as provided in this Agreement, may not be copied, reproduced, modified, uploaded, downloaded, transmitted, or distributed in any way. Except as provided in this Agreement, Chapoo does not grant to you any express or implied rights to Chapoo or any third party's Intellectual Property. The Chapoo Intellectual Property is protected by copyright, trade secret, and other intellectual property laws and by international treaties, all of which provide rights and obligations that are supplemental to the rights and obligations set forth in this Agreement.

USE OF CHAPOO CONTENT

You understand and agree that you are permitted to use Chapoo Content only as expressly authorized by Chapoo or its third party licensors, as applicable. You may download, view, copy and print Chapoo Content, subject to the following:
(a) the Chapoo Content may be used solely for personal, informational, non-commercial purposes;
(b) proprietary rights notices may not be removed or altered;

TRADEMARKS

All Chapoo graphics, logos, page headers, button icons, scripts, commercial markings and service names are registered trademarks, trademarks or trade dress of Chapoo. Chapoo trademarks and trade dress may not be used in connection with any product or service that is not Chapoo, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Chapoo. All other trademarks not owned by Chapoo that appear on the Chapoo Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Chapoo.

USER RESPONSIBILITIES

In consideration for your use of the Chapoo Site, you must: (1) provide all equipment necessary for accessing and utilizing the Chapoo Site; (2) provide for your own access to the World Wide Web and pay any telephone service fees or other charges associated with your access; and (3) agree to adhere to the terms of this Agreement. If you decide to purchase products or services through the Chapoo Site, you agree to: (1) provide certain current, complete, and accurate information about yourself as prompted to do so during login (this information will be referred to as Customer Information); and (2) maintain and update your Customer Information as required to keep it current, complete and accurate. All Customer Information will be handled in accordance with the terms of the Chapoo Privacy Policy. Chapoo reserves the right to terminate your right to use the Chapoo Service or block your access to the Chapoo Service if Chapoo learns that you have provided Chapoo with false, inaccurate or misleading Customer Information or that you have otherwise violated this Agreement.

USER MATERIALS

The Chapoo Site contains e-mail and other functions for you to provide files, data, media, orders, product inquiries, graphics, text or other information to Chapoo (User Materials). You understand that the technical processing and transmission of information on the Chapoo Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. In the event that you make accessible communications or other materials that infringe the copyrights of a third party, Chapoo will terminate your access to the Chapoo Site in accordance with Chapoo Copyright Policy as set forth below.

PERSONALLY IDENTIFIABLE INFORMATION

For detailed information regarding Chapoo use of your Customer Information and any other personally identifiable information you may submit, please read our Privacy Policy.

IDEA SUBMISSION POLICY

Chapoo will not accept or consider unsolicited ideas, including without limitation ideas for new products, services, advertising campaigns, promotions, technologies, processes, materials, marketing plans, or product names. The purpose of this policy is to avoid potential misunderstandings or disputes when Chapoo products or services (collectively, Chapoo Products) might seem similar to ideas submitted to Chapoo. Please do not send your unsolicited ideas or any original materials (e.g., creative artwork, samples, demos, or other works) to Chapoo or anyone at Chapoo. If, despite this request, you still send us your ideas and materials, please understand that Chapoo will not treat your ideas or materials as confidential or proprietary.

TERMINATION

Chapoo may terminate this Agreement under certain conditions.

Chapoo may terminate this Agreement if you violate the terms of this Agreement.

Additionally for :

Chapoo Free: when you didn't purchase any supplementary storage space Chapoo my terminate this Agreement at any time with or without cause. In case you purchased additional storage space for Chapoo Free, then Chapoo may only terminate this Agreement, at the end of the period for which you paid for the storage space.

ACCEPTABLE USE

In consideration of your use of the Chapoo Site, you understand and agree that you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify Chapoo of any unauthorized use of your account or any other breach of security of which you are aware.

You agree that you will use the Chapoo Site in a manner that complies with all applicable, international, federal, state, and local laws, and, subject to Chapoo obligations under its Privacy Policy, you acknowledge that you are solely responsible for any User Materials that you upload, download, transmit or otherwise process using the Chapoo Site.

You agree not to:
(a) upload, download or transmit via the Chapoo Site any User Materials that are offensive, vulgar, profane, obscene, sexually explicit, pornographic, inflammatory, harassing, excessively violent, threatening, tortuous, invasive of another's privacy or publicity rights, abusive, hateful, libelous or defamatory, plagiarized, harmful to minors, racially, ethnically, or otherwise objectionable in any way, infringe any patent, trademark, copyright, rights of publicity, or other intellectual property right, would constitute or encourage a criminal offense, violate the rights of any party, would otherwise give rise to criminal or civil liability or violate any local, state, national, or international law, contain direct links (by a single click) to web sites that contain information of the kind described in this section, or constitute unsolicited promotions, advertising materials, "spam," chain-letters, or other such solicitation;
(b) use the Chapoo Site to publicly broadcast, transmit, or display User Materials for "pay-per-download" or other commercial purposes, or which include a virus, worm, Trojan-horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, the Chapoo Site or any Internet host;

(c) disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted User Materials including impersonating another person or entity;

(d) disrupt or interfere with the security of, or otherwise abuse, the Chapoo Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Chapoo Site or affiliated or linked services, or use any device or software designed to circumvent technological measures employed to control access to the Chapoo Site or products made available on the Chapoo Site;

(e) harvest or otherwise collect information about others, including e-mail addresses, without their express consent;

(f) sublicense, lease, rent, sell, resell, or otherwise transfer rights to the Chapoo Site or exploit for any commercial purposes any use of the Chapoo Site;

(g) modify, translate, decompile, reverse-engineer, disassemble, or create derivative works based on the Chapoo Site, or bypass the Chapoo Site and directly access any individual components of or products that are included in the Chapoo Site;
(h) alter or remove any copyright, trademark, logo, symbol, or proprietary or other legal notices displayed on the Chapoo Site or in Chapoo Content printed or downloaded through the Chapoo Site, or contained in or included with products or services received through the Chapoo Site.

NO OTHER WARRANTIES

EXCEPT AS PROVIDED IN THE LIMITATION OF LIABILITY IN THIS AGREEMENT AND ANY APPLICABLE CHAPOO END USER LICENSE AGREEMENT, THE CHAPOO SITE AND PRODUCTS OFFERED THROUGH THE CHAPOO SITE UNDER THIS AGREEMENT ARE PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. CHAPOO DOES NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.. YOU UNDERSTAND AND AGREE THAT ANY THIRD PARTY PRODUCTS OR SERVICES PURCHASED THROUGH USE OF THE CHAPOO SITE ARE GOVERNED SOLELY BY THE THIRD PARTY'S TERMS AND CONDITIONS AND APPLICABLE END USER LICENSE AGREEMENTS, AND CHAPOO HAS NO RESPONSIBILITY FOR THIRD PARTY PRODUCTS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CHAPOO, ITS LICENSORS, VENDORS, SERVICE PROVIDERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE CHAPOO SITE, THE PRODUCTS OFFERED THROUGH THE CHAPOO SITE, INCLUDING WITHOUT LIMITATION THE CHAPOO PRODUCTS OR ANY THIRD PARTY PRODUCTS OR SERVICES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF CHAPOO WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. CHAPOO CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE CHAPOO SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE MAXIMUM LIABILITY OF CHAPOO FOR DAMAGES WILL NOT EXCEED, IN THE AGGREGATE, 5,000 EURO.

INDEMNITY

You agree to indemnify and hold Chapoo and its suppliers, licensors, vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Chapoo Site, and User Materials you submit, transmit, store, upload or download through the Chapoo Site, any product received by you through the Chapoo Site, or any violation of this Agreement or the rights of others.

COPYRIGHT POLICY - NOTICE TO CHAPOO REGARDING ALLEGED COPYRIGHT INFRINGEMENT

Chapoo respects the Intellectual Property rights of others, and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), Chapoo has designated an agent to receive notifications of alleged copyright infringement associated with the Chapoo Site. Chapoo will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify us:


Chapoo nv
Bellevue 5/201
9050 GENT
BELGIUM
Phone: + 32 (0)9 244 01 90
Fax: + 32 (0)9 244 01 99
E-mail
www.chapoo.com

When notifying us of the alleged copyright infringement, please include all of the following information:

a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
b) Identification of the copyrighted work claimed to have been infringed;
c) Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;
d) Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
e) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Chapoo reserves the right to terminate your use of the Chapoo Site for any actual or alleged copyright infringement.

NOTICES

All notices to a party shall be in writing and shall be made via our contact form for notices to Chapoo, or to the e-mail address that you provide to Chapoo as part of your Customer Information for notices to you, or such other address as either party may specify. Notice shall be deemed given 48 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, notices to Chapoo may be sent by regular mail, postage prepaid to Chapoo address provided below. Chapoo may also broadcast notices or messages, or other matters of importance, on this web site; such broadcasts will constitute notice to you.

EXPORT

You may not export from Belgium or allow the export or re-export of any part of the Chapoo Site or products obtained via the Chapoo Site, in violation of any restrictions, laws or regulations of the Belgian Authorithy. You agree to defend and indemnify Chapoo from and against any damages, fines, penalties, assessments, liabilities, costs and expenses (including reasonable attorneys' fees and court costs) arising out of any claim that the Chapoo Site, or any product or other information or materials obtained from Chapoo were exported or otherwise accessed, shipped or transported in violation of this Section and all applicable laws and regulations.

MISCELLANEOUS

Entire Agreement. This Agreement (and any additions or modifications to this Agreement mutually agreed to in writing by the parties), and any applicable End User License Agreement(s), shall constitute the entire agreement and understanding between you and Chapoo with respect to the Chapoo Site and purchases made via the E-Store. While Chapoo reserves the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorized representative of Chapoo execute a separate written agreement.

Severability. If any provision of this Agreement is held to be unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable, and that determination will not affect the enforceability of the provision at issue or of the remaining provisions of this Agreement.

Applicable Law. This agreement is subject to applicable Belgian laws, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in Belgium. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment. Chapoo may assign its rights and duties under this Agreement without the assignment being considered a change to the Agreement and without notice to you. We are then released from all liability. You may not assign this Agreement without the prior written consent of Chapoo. All rights and obligations under this Agreement will bind and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns.

SOFTWARE DOWNLOAD

The person who uses Chapoo services on a trial basis, subscribes automatically to the Chapoo Newsletter, which now and then will be send. The Chapoo Newsletter contains news and product information. Each Chapoo Newsletter has an unsubscribe function that can be used at any time.

CHAPOO E-STORE

The following provisions specifically relate to the E-Store portion of the Chapoo Site. All other provisions of this Agreement apply to the E-Store as well:

Order Acceptance. Your receipt of an electronic or other form of order confirmation does not constitute Chapoo acceptance of your order for products or services offered through the Chapoo Site, nor does it constitute confirmation of Chapoo offer to sell you a particular product or service. Chapoo reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason. Your credit card will not be charged until Chapoo has accepted your order and prepared your order for shipment, download or usage. We may require additional verifications or information before accepting any order. Price and availability of products and services offered through the Chapoo Site are subject to change without prior notice. To the extent we provide information on the availability of Chapoo Products or products and services provided by third party vendors, suppliers, publishers, and manufacturers (collectively Third Party Products), we attempt to be as accurate as possible. However, Chapoo does not warrant that product descriptions, product availability or other information on the Chapoo Site is accurate, complete, reliable, current, or error-free. Chapoo will not be liable for any lack of availability of Chapoo Products or Third Party Products you may order through the Chapoo Site. If your purchase order or any other communication with Chapoo contains provisions inconsistent with this Agreement, this Agreement will prevail.

Security. The purchase area of the E-Store is designed to be secure. This means that any information you send us is protected by encryption. All messages are sent in an encrypted "digital envelope" and authenticated to verify the identity of both the sender and the receiver of the transaction. However, no connection to the Internet is completely secure. If you experience fraudulent use of your credit card as a result of shopping with Chapoo, notify your credit card company in accordance with its reporting rules and procedures. Most companies will either cover all of the fraudulent purchases or hold you liable for a maximum of 50.00 USD. Should your credit card company discover credit card fraud and hold you liable for some portion of the unauthorized charges, and provided the purchase was made through our secure server, Chapoo will reimburse you for the maximum liability of 50.00 USD.

Taxes. Prices listed through the Chapoo Site do not include any tax or other governmental charge or assessment on the sale, shipment, download, or use of any products sold to you. Such taxes and charges, when applicable, may appear as separate additional charges. You will be solely responsible for, and will pay to Chapoo upon demand, any such tax, charge or assessment, unless you have furnished to Chapoo an appropriate valid certificate of exemption issued by or acceptable to the tax authority in question.

MODIFICATIONS TO AGREEMENT OR CHAPOO SITE

Chapoo may at any time modify, update, or otherwise change the provisions of this Agreement. If at any point Chapoo modifies the Agreement, you will see the word "updated" next to the Terms of Use link on the front page of Chapoo. If any modification to this Agreement is unacceptable to you, you may immediately terminate your use of the Chapoo Site or your account. However, if you do not terminate your account, or continue to use the Chapoo Site following the posting of any modification to this Agreement, your continued use will be deemed an acceptance of that modification. Accordingly, we encourage you to visit the Chapoo website from time to time to review the current version of this Agreement. This Agreement was last modified on June 12, 2013.

Acknowledgment. You acknowledge that (i) you have read and understand this Agreement; and (ii) the Agreement has the same force and effect as a signed agreement.