Dated October 2, 2017
Technical specifications: This Application currently supports devices running Android versions 4.0.3 to 7.1 for Android mobile and iOS 8.2 to 10.3.3 for iOS mobile (“Devices”) with display screens of at least 3.5 inches diagonal. The feature “TV” of the Application only supports Android devices with display screens of at least 3.5 inches diagonal.
IN PROVIDING THE SERVICE, XOOLOO MAY BE USING THE GOOGLE PLAY PLATFORM OR THE APPLE APP STORE PLATFORM FOR DOWNLOADING THE APPLICATION. IN THAT EVENT, THE USE OF XOOLOO'S SERVICES IS SUBJECT TO ADDITIONAL TERMS AND AGREEMENTS ENFORCED BY GOOGLE AND APPLE AND FUTURE AMENDMENTS THERETO, IF ANY, INCLUDING THE GOOGLE AND APPLE TERMS OF SERVICE AND THE GOOGLE PLAY AND APPLE STORE BUSINESS AND PROGRAM POLICIES (CURRENTLY FOUND AT http://play.google.com/about/android-developer-policies.html and http://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 password and for restricting access to your Application, and you agree to accept responsibility for all activities that occur under your 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
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.
IF YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT OR DATA FROM THE 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 aims 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 your Xooloo account 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 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. THE TOTAL AGGREGATE LIABILITY OF XOOLOO, ITS LICENSORS AND ITS SERVICE PROVIDERS FOR ANY CLAIM ARISING FROM OR RELATED TO THE APPLICATION AND TRANSACTIONS THEREON IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU IN THE PRECEDING TWELVE MONTHS FOR THE SERVICE PURCHASED THROUGH THIS APPLICATION WHICH RELATES TO SUCH CLAIM OR US$100, WHICHEVER IS LOWER. 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, 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," AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY.
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 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 or the Site and are not subject to adjustment except by Xooloo if it determines in its sole discretion that an error occurred. Payment for the Application is due immediately upon ordering, and paid directly to Xooloo. Your Internet access and Device usage are subject to telecommunication service 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 or alleged violation of any applicable federal, state, or local laws.
Xooloo respects the intellectual property rights of others and expects users of the Application to do the same. We provide you with tools to help you protect your intellectual property rights. If you believe in good faith that any material available on or accessible through the Services infringe upon your copyright, then you (or your agent) may send Xooloo a notice requesting that Xooloo remove the material or block access to it. Similarly, if you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, then you may send Xooloo a counter-notice. Notices and counter-notices must include the following information and be sent to Xooloo at Xooloo SAS, 20 rue Danielle Casanova, 75002 Paris, France:
- a description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Services where the material you claim is infringed is located;
- a description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- a statement by you, made under penalty of perjury, that the information in your notice if accurate, and that you are the copyright Owner or authorized to act on the copyright owner’s behalf; and
- an electronic of physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
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.