Xooloo TV

XOOLOO TV TERMS OF USE

Dated December 17, 2015

We make Xooloo TV (the “Application”) on Apple App store available to you subject to the following terms of use (“Terms of Use”).

By accessing or using the Application or any applications (including mobile applications) made available by Xooloo SAS (together, the “Service”), however accessed, you agree to be bound by these Terms of Use. This Application currently supports iOS 7 and is available on the following devices: iPhone 6, iPhone 6+, iPhone 5S, iPhone 5C, iPhone 5, iPhone 4S, iPhone 4, iPad Air, Fourth-Generation iPad, Third-Generation iPad, iPad 2, iPad mini, 5th generation iPod touch (“Device”). If you visit or purchase Xooloo TV on the Apple App store, you accept these Terms of Use. Please read them carefully.

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).

This Agreement is between you (“you”) and Xooloo SAS (“Xooloo”) pursuant to which Xooloo is prepared to grant you access to the Application. Xooloo reserves the right to change these Terms of Use from time to time at its sole discretion, and your rights under these Terms of Use will be subject to the most current version of these Terms of Use posted on this page at the time of your use or purchase. We will also send all our registered users a notice of change of these Terms of use at their last known e-mail address. If you do not agree with these or revised Terms of Use, do not use this Application or purchase any related paying Application.

This Agreement is in addition to your obligations and rights under the Privacy Policy. For the avoidance of doubt, in the event of a conflict between these Terms of Use and the Privacy Policy or other terms and conditions related to the Application, these Terms of Use will control. If you are unsure of your rights under these Terms of Use, please contact us at info@xooloo.com.

ACCOUNT AND REGISTRATION

The Application makes available services that make your family digital experience qualitative and safer to better enjoy it. Before making purchases and using our services, you need to register, as a customer and agree to these Terms of Use and establish one account for you (“Account”). You represent and agree that all registration and billing information provided by you is accurate and up-to-date. As part of your registration, you will give us certain personal information which will be used by us in accordance with our Privacy Policy. By agreeing to these Terms of Use, you are also consenting to receive marketing and advertisement e-mails from us from time to time. You may opt out of these emails at any time when you receive marketing and advertisement e-mails from us.

In order to use the Application, you must be 13 years of age or older. If you are under 13 or between 13 and 18 years of age (or such older age as required by the laws of your state of residency), you must have your parent or legal guardian’s permission to use the Application and download it from the Apple App store. You must have a parent, or a legal guardian enter and approve all information, and ensure that your parent or legal guardian’s email address and contact information is used at all times. You must not access the Application or accept these Terms of Use if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any application under the laws of the country in which you are resident or from which you access or use the Application.

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

Each transaction will be confirmed to you in an Apple App store invoice or upon the commencement of performance by Xooloo. All sales are final upon immediate payment to Apple App store by you, unless otherwise mandated by applicable law. All Services sold by Xooloo to you are subject to these Terms of Use.

DESCRIPTION

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.

DISCLAIMERS

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.

CUSTOMER SERVICE

Our customer service can be reached Monday to Friday from 9.00 am to 5:00 pm via e-mail at: info@xooloo.com.

PURCHASE PRICE

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

Xooloo reserves the right to also suspend or terminate your use of the Application and unlist you as a customer of the Application at any time, without penalty, for any reason, including in the event that you or your child are in breach of any terms of these Terms of Use, for any acts or type of willful misconduct, or if you have attempted to, or have disparaged, defamed or tarnished Xooloo’s reputation and/or misused its intellectual property rights.

INDEMNIFICATION

You (and also any third party for whom you operate an account or activity on the Service) shall defend, indemnify, and hold harmless Xooloo, its affiliates, licensors, service providers, and each of their employees, contractors, directors, investors, licensors and sublicensees, and representatives (“Xooloo Parties”) from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): you (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Xooloo’s request), indemnify and hold the Xooloo Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Xooloo in the defense of any claim. Xooloo reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of 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.

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. To learn more about how to report claims of intellectual property infringement, visit: Terms of use

GENERAL

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement must be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules, and shall be resolved individually, without resort to any form of class action. The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods.

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.

The parties irrevocably consent to submit to the jurisdiction of state and Federal courts, as applicable, of the State of New York located in New York County, New York on matters arising out of these Terms of Use. Notwithstanding this, you agree that Xooloo will still be allowed to apply for injunctive relief in any jurisdiction (without limitation of any other rights or remedies otherwise available to Xooloo and without the necessity of posting a bond). No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. If any part of these Terms of Use is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of these Terms of Use shall continue to be valid and enforceable to the fullest extent permitted by law.

This Agreement cannot be altered or modified in any way without the prior written consent of Xooloo. If you are acting as an agent for a principal (including on behalf of your employer), you and the principal, jointly and severally, assume all of your obligations set forth in these Terms of Use. The rights and liabilities of the parties hereto shall bind and inure to the benefit of their respective successors, heirs, executors and administrators, as the case may be.

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.

These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

Please review our Privacy Policy incorporated herein by reference.