IN PROVIDING THE SERVICE, XOOLOO IS USING THE APPLE APP STORE PLATFORM FOR DOWNLOADING THE APPLICATION. ACCORDINGLY, THE USE OF XOOLOO’S SERVICES IS SUBJECT TO ADDITIONAL TERMS AND AGREEMENTS ENFORCED BY APPLE AND FUTURE AMENDMENTS THERETO, AS MAY BE, INCLUDING THE APPLE TERMS OF SERVICE AND THE APPLE APP STORE BUSINESS AND PROGRAM POLICIES (CURRENTLY FOUND AT https://www.apple.com/legal/internet-services/itunes/us/terms.html).
ACCOUNT AND REGISTRATION
If you use this Application and become a registered customer with us, you are responsible for maintaining the confidentiality of your activation code and password and for restricting access to your Application, and you agree to accept responsibility for all activities that occur under your activation code or password. Xooloo reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole and reasonable discretion.
INTELLECTUAL PROPERTY – LICENSES – RESTRICTIONS
The Application contains content, such as database and related content or designs owned or licensed by Xooloo (“Xooloo Content”). Xooloo Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Xooloo, Xooloo owns and retains all rights in the Xooloo Content and the Application. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Xooloo Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Xooloo Content.
Application Ownership – License. Xooloo grants you a limited license to access and make personal use of this Application. However, you may not download, manipulate or modify it, or any portion of it, without our express written consent.
Restrictions on Use of Application. This license can only be used on one device. This license does not include any resale or commercial use of this Application or any of its contents, and you may not reproduce, copy, sell, resell, access or otherwise exploit all or any portion of this Application for any commercial purpose without our express written consent. You may not use or reproduce Xooloo’s name, trademarks, service marks or logos or other proprietary information of Xooloo without our express written consent. The Application, including but not limited to its graphics, logos, page headers, icons and service names and database content constitute the property of Xooloo and its affiliates. Other trademarks that appear on the Application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Xooloo. Any images of persons or personalities contained on the Application are not an indication or endorsement of Xooloo or any particular product unless otherwise indicated. You may not use the Application in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of any Service or related content that is presented to you in streaming format. You may not use the Application as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted and only in the exact manner specified and enabled by the Apple App store. You may not attempt to, nor assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect, obfuscate or otherwise restrict access to the Application. Violations of any security feature, may subject you to civil or criminal liability.
IF YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT OR DATA FROM THE APPLICATION OR SERVICE, YOU DO SO AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY ASSOCIATED DAMAGES TO YOUR DEVICE OR LOSS OF DATA.
SERVICES – CUSTOMER SERVICE
Xooloo attempts to be as accurate as possible in its service descriptions. However, Xooloo does not warrant that service and price descriptions or other content of this Application are accurate, complete, reliable, current, or error-free. If a service offered by Xooloo itself is not as described, your sole remedy is to unsubscribe from the Apple App store or uninstall the Application. However, Xooloo and its licensors, if any, disclaim any and all responsibility or liability for the accuracy, content or legality of information or material provided on or through the Application or Service.
OTHER THAN AS MAY BE SPECIFICALLY INCLUDED WITH THE SERVICES, ALL SERVICES AND CONTENT INCLUDED IN OR OBTAINED THROUGH THE APPLICATION OR SERVICE, ARE PROVIDED “AS IS,” WITH NO WARRANTIES. XOOLOO, ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES FOR THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
XOOLOO AND ITS LICENSORS, IF ANY, AND SERVICE PROVIDERS DISCLAIM ANY AND ALL LIABILITY TO ANY USER OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ANY CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, (EVEN IF XOOLOO, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). XOOLOO DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES ARISING FROM ANY TRANSACTIONS BETWEEN YOU AND THIRD PARTY BUSINESSES OR SERVICE PROVIDERS. XOOLOO, ITS LICENSORS AND ITS SERVICE PROVIDERS’ TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE APPLICATION AND TRANSACTIONS THEREON IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE PURCHASED THROUGH THIS APPLICATION WHICH RELATES TO SUCH CLAIM OR US$100, WHICHEVER IS HIGHER. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Xooloo reserves the right to perform any routine, emergency, updating or upgrading maintenance work that may limit or suspend the availability in whole or in part of the Application. You may need to install updates to the Apple App store or related Apple software that Apple introduces from time to time to use the Apple App store and to access or download the Application or updates we may provide from time to time to the Application, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). By using the Apple App store and installing the Application, you will be prompted to receive Updates.
Software related to, or made available by, the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Our customer service can be reached Monday to Friday from 9.00 am to 5:00 pm via e-mail at: email@example.com.
All offers made through the Application on a fee basis are priced in your local currency. Applicable taxes will be added to all stated purchase prices. All prices and conditions of purchase are indicated on the Application and are not subject to adjustment except in the case of errors in accordance with the terms of Paragraph 3 above. Payment of the Application is due immediately upon ordering, and paid directly to the Apple App store. Communication costs related to your Internet access and Device usage relating to telecommunication services are subject to charges to be invoiced to you directly by your Internet service provider and your telecommunication provider.
TERMINATION BY XOOLOO
REGULATORY COMPLAINTS AND INFRINGEMENT
We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone accessing, transacting, registering, and/or otherwise using the Application in violation of any applicable federal, state, or local laws.
You agree that any claim you may have arising out of or related to your relationship with Xooloo must be filed within one year after such claim arose; otherwise, your claim is permanently barred. In addition, you agree that prior to filing any such claim, you will use reasonable efforts to inform us of such claims and to attempt to resolve the dispute through good faith negotiations.
Xooloo is not responsible for any Service access default or delay due to maintenance or causes beyond its control including, without limitation, strikes, lock outs, shut down of internet connections or communication services by providers, cyber-attacks. Xooloo shall not be liable for default or delay in the performance of its obligations due to cause beyond its control.