By downloading any application from www.capu.be (here after referred to as “The Company”), App Store® or Google™, installing or using this application or any portion thereof (“Application”), you agree to the following terms and conditions (the “Terms and Conditions”).
1. USE OF APPLICATION
a. The Company grants you the non-exclusive, non-transferable, limited right
and license to install and use this Application solely and exclusively for your
personal use.
b. You may not use the Application in any manner that could damage, disable,
overburden, or impair the Application (or servers or networks connected to the
Application), nor may you use the Application in any manner that could
interfere with any other party’s use and enjoyment of the Application (or servers
or networks connected to the Application).
c. You agree that you are solely responsible for (and that The Company has no
responsibility to you or to any third party for) your use of the Application,
any breach of your obligations under the Terms and Conditions, and for the
consequences (including any loss or damage which The Company may suffer) of any
such breach.
2. PROPRIETARY RIGHTS
You acknowledge that (a) the Application contains proprietary and confidential
information that is protected by applicable intellectual property and other
laws, and (b) The Company and/or third parties own all right, title and
interest in and to the Application and content, excluding content provided by
you, that may be presented or accessed through the Application, including
without limitation all Intellectual Property Rights therein and thereto.
“Intellectual Property Rights” means any and all rights existing from time to
time under patent law, copyright law, trade secret law, trademark law, unfair
competition law, and any and all other proprietary rights, and any and all
applications, renewals, extensions and restorations thereof, now or hereafter
in force and effect worldwide. You agree that you will not, and will not allow
any third party to, (i) copy, sell, license, distribute, transfer, modify,
adapt, translate, prepare derivative works from, decompile, reverse engineer,
disassemble or otherwise attempt to derive source code from the Application or
content that may be presented or accessed through the Application for any
purpose, unless otherwise permitted, (ii) take any action to circumvent or
defeat the security or content usage rules provided, deployed or enforced by
any functionality (including without limitation digital rights management
functionality) contained in the Application, (iii) use the Application to
access, copy, transfer, transcode or retransmit content in violation of any law
or third party rights, or (iv) remove, obscure, or alter The Company’s or any
third party copyright notices, trademarks, or other proprietary rights notices
affixed to or contained within or accessed in conjunction with or through the
Application.
3. THE COMPANY TERMS OF SERVICE AND PRIVACY POLICY
a. The Company’s Privacy Policy for the Application (located at www.capu.be ) explains how The Company treats your information and protects your privacy when you use the Application. You agree to the use of your data in accordance with The Company’s privacy policies which may be updated from time to time and without notice.
b. The Company’s Terms and Conditions of service (located at www.capu.be) explains the conditions that must be agreed before using the Application.
4. U.S. GOVERNMENT
RESTRICTED RIGHTS
This Application, related materials and documentation have been developed
entirely with private funds. If the user of the Application is an agency,
department, employee, or other entity of the United States Government, the use,
duplication, reproduction, release, modification, disclosure, or transfer of
the Application, including technical data or manuals, is restricted by the
terms, conditions and covenants contained in these Terms and Conditions. In
accordance with Federal Acquisition Regulation 12.212 for civilian agencies and
Defense Federal Acquisition Regulation Supplement 227.7202 for military
agencies, use of the Application is further restricted by these Terms and
Conditions.
5. EXPORT RESTRICTIONS
The Application may be subject to export controls or restrictions by the United
States or other countries or territories. You agree to comply with all
applicable U.S. and international export laws and regulations. These laws
include restrictions on destinations, end users, and end use.
6. TERMINATION
These Terms and Conditions will continue to apply until terminated by either you or The Company as set forth below. You may terminate these Terms and Conditions at any time by permanently deleting your account it’s data and the Application from your mobile device in its entirety. Your rights automatically and immediately terminate without notice from The Company or any Third Party if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Application. The Company is constantly changing and improving our Services. The Company may add or remove functionalities or features, we may suspend or stop a Service altogether, or add or create new limits to our Services at any time. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
7. INDEMNITY
To the maximum extent permitted by law, you agree to defend, indemnify and hold
harmless The Company, its affiliates and their respective directors, officers,
employees and agents from and against any and all claims, actions, suits or
proceedings, as well as any and all losses, liabilities, damages, costs and
expenses (including reasonable attorney’s fees) arising out of or accruing from
your use of the Application, including your downloading, installation, or use
of the Application, or your violation of these Terms and Conditions.
8. DISCLAIMER OF WARRANTIES
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT
YOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED AS IS AND AS
AVAILABLE WITHOUT WARRANTY OF ANY KIND.
b. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER
DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
c. THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION.
d. THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR
FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION
OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES
IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY,
OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE APPLICATION, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, WHETHER OR NOT THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
10. MISCELLANEOUS
a. These Terms and Conditions constitute the entire Agreement between you and
The Company relating to the Application and govern your use of the Application,
and completely replace any prior or contemporaneous agreements between you and
The Company regarding the Application.
b. The failure of The Company to exercise or enforce any right or provision of
these Terms and Conditions does not constitute a waiver of such right or
provision, which will still be available to The Company.
c. If any court of law, having the jurisdiction to decide on this matter, rules
that any provision of these Terms and Conditions is invalid, then that
provision will be removed from the Terms and Conditions without affecting the
rest of the Terms and Conditions. The remaining provisions of these Terms and
Conditions will continue to be valid and enforceable.
d. The rights granted in these Terms and Conditions may not be assigned or
transferred by either you or The Company without the prior written approval of
the other party. Neither you nor The Company are permitted to delegate their
responsibilities or obligations under these Terms and Conditions without the
prior written approval of the other party.
e. These Terms and Conditions and your relationship with The Company under
these Terms and Conditions will be governed by the laws Belgium without regard
to its conflict of laws provisions. You and The Company agree to submit to the
exclusive jurisdiction of the courts located within Brussels in the country
Belgium to resolve any legal matter arising from these Terms and Conditions.
Notwithstanding this, you agree that The Company will still be allowed to apply
for injunctive remedies (or an equivalent type of urgent legal relief) in any
jurisdiction.