{"id":18,"date":"2019-05-09T14:46:14","date_gmt":"2019-05-09T12:46:14","guid":{"rendered":"http:\/\/capu.be\/?page_id=18"},"modified":"2024-12-16T17:46:52","modified_gmt":"2024-12-16T16:46:52","slug":"apps-tc","status":"publish","type":"page","link":"https:\/\/capu.be\/index.php\/apps-tc\/","title":{"rendered":"apps Terms and Conditions"},"content":{"rendered":"\n

By downloading any application from www.capu.be<\/a> (here after referred to as \u201cThe Company\u201d), App Store\u00ae or Google\u2122, installing or using this application or any portion thereof (\u201cApplication\u201d), you agree to the following terms and conditions (the \u201cTerms and Conditions\u201d).<\/p>\n\n\n\n

1. USE OF APPLICATION
\na. The Company grants you the non-exclusive, non-transferable, limited right\nand license to install and use this Application solely and exclusively for your\npersonal use.
\nb. You may not use the Application in any manner that could damage, disable,\noverburden, or impair the Application (or servers or networks connected to the\nApplication), nor may you use the Application in any manner that could\ninterfere with any other party\u2019s use and enjoyment of the Application (or servers\nor networks connected to the Application).
\nc. You agree that you are solely responsible for (and that The Company has no\nresponsibility to you or to any third party for) your use of the Application,\nany breach of your obligations under the Terms and Conditions, and for the\nconsequences (including any loss or damage which The Company may suffer) of any\nsuch breach.<\/p>\n\n\n\n

2. PROPRIETARY RIGHTS
\nYou acknowledge that (a) the Application contains proprietary and confidential\ninformation that is protected by applicable intellectual property and other\nlaws, and (b) The Company and\/or third parties own all right, title and\ninterest in and to the Application and content, excluding content provided by\nyou, that may be presented or accessed through the Application, including\nwithout limitation all Intellectual Property Rights therein and thereto.\n\u201cIntellectual Property Rights\u201d means any and all rights existing from time to\ntime under patent law, copyright law, trade secret law, trademark law, unfair\ncompetition law, and any and all other proprietary rights, and any and all\napplications, renewals, extensions and restorations thereof, now or hereafter\nin force and effect worldwide. You agree that you will not, and will not allow\nany third party to, (i) copy, sell, license, distribute, transfer, modify,\nadapt, translate, prepare derivative works from, decompile, reverse engineer,\ndisassemble or otherwise attempt to derive source code from the Application or\ncontent that may be presented or accessed through the Application for any\npurpose, unless otherwise permitted, (ii) take any action to circumvent or\ndefeat the security or content usage rules provided, deployed or enforced by\nany functionality (including without limitation digital rights management\nfunctionality) contained in the Application, (iii) use the Application to\naccess, copy, transfer, transcode or retransmit content in violation of any law\nor third party rights, or (iv) remove, obscure, or alter The Company\u2019s or any\nthird party copyright notices, trademarks, or other proprietary rights notices\naffixed to or contained within or accessed in conjunction with or through the\nApplication.<\/p>\n\n\n\n

3. THE COMPANY TERMS OF SERVICE AND PRIVACY POLICY
a. The Company\u2019s Privacy Policy for the Application (located at www.capu.be<\/a> ) 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\u2019s privacy policies which may be updated from time to time and without notice.
b. The Company\u2019s Terms and Conditions of service (located at www.capu.be<\/a>) explains the conditions that must be agreed before using the Application. <\/p>\n\n\n\n

4. U.S. GOVERNMENT\nRESTRICTED RIGHTS
\nThis Application, related materials and documentation have been developed\nentirely with private funds. If the user of the Application is an agency,\ndepartment, employee, or other entity of the United States Government, the use,\nduplication, reproduction, release, modification, disclosure, or transfer of\nthe Application, including technical data or manuals, is restricted by the\nterms, conditions and covenants contained in these Terms and Conditions. In\naccordance with Federal Acquisition Regulation 12.212 for civilian agencies and\nDefense Federal Acquisition Regulation Supplement 227.7202 for military\nagencies, use of the Application is further restricted by these Terms and\nConditions.<\/p>\n\n\n\n

5. EXPORT RESTRICTIONS
\nThe Application may be subject to export controls or restrictions by the United\nStates or other countries or territories. You agree to comply with all\napplicable U.S. and international export laws and regulations. These laws\ninclude restrictions on destinations, end users, and end use.<\/p>\n\n\n\n

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\u2019s 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. <\/p>\n\n\n\n

7. INDEMNITY
\nTo the maximum extent permitted by law, you agree to defend, indemnify and hold\nharmless The Company, its affiliates and their respective directors, officers,\nemployees and agents from and against any and all claims, actions, suits or\nproceedings, as well as any and all losses, liabilities, damages, costs and\nexpenses (including reasonable attorney\u2019s fees) arising out of or accruing from\nyour use of the Application, including your downloading, installation, or use\nof the Application, or your violation of these Terms and Conditions.<\/p>\n\n\n\n

8. DISCLAIMER OF WARRANTIES
\na. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT\nYOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED AS IS AND AS\nAVAILABLE WITHOUT WARRANTY OF ANY KIND.
\nb. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER\nDEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
\nc. THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY\nKIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED\nWARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE\nAND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION.
\nd. THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR\nFACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION\nOR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES\nIN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY,\nOR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

10. MISCELLANEOUS
\na. These Terms and Conditions constitute the entire Agreement between you and\nThe Company relating to the Application and govern your use of the Application,\nand completely replace any prior or contemporaneous agreements between you and\nThe Company regarding the Application.
\nb. The failure of The Company to exercise or enforce any right or provision of\nthese Terms and Conditions does not constitute a waiver of such right or\nprovision, which will still be available to The Company.
\nc. If any court of law, having the jurisdiction to decide on this matter, rules\nthat any provision of these Terms and Conditions is invalid, then that\nprovision will be removed from the Terms and Conditions without affecting the\nrest of the Terms and Conditions. The remaining provisions of these Terms and\nConditions will continue to be valid and enforceable.
\nd. The rights granted in these Terms and Conditions may not be assigned or\ntransferred by either you or The Company without the prior written approval of\nthe other party. Neither you nor The Company are permitted to delegate their\nresponsibilities or obligations under these Terms and Conditions without the\nprior written approval of the other party.
\ne. These Terms and Conditions and your relationship with The Company under\nthese Terms and Conditions will be governed by the laws Belgium without regard\nto its conflict of laws provisions. You and The Company agree to submit to the\nexclusive jurisdiction of the courts located within Brussels in the country\nBelgium to resolve any legal matter arising from these Terms and Conditions.\nNotwithstanding this, you agree that The Company will still be allowed to apply\nfor injunctive remedies (or an equivalent type of urgent legal relief) in any\njurisdiction.<\/p>\n","protected":false},"excerpt":{"rendered":"

By downloading any application from www.capu.be (here after referred to as \u201cThe Company\u201d), App Store\u00ae or Google\u2122, installing or using this application or any portion thereof (\u201cApplication\u201d), you agree to the following terms and conditions (the \u201cTerms and Conditions\u201d). 1. USE OF APPLICATION a. The Company grants you the non-exclusive, non-transferable, limited right and license … <\/p>\n

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