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Terms & conditions
Date of Last Revision: April 26, 2012
The User’s username and password or Facebook credentials that are required to access the Account and use and access the Service;
The Cloozup currency (tokens) that can be used with respect to the (Paid) Services. Credits include both purchased credits and bonus credits. Both bonus and purchased Credits are valid for two years after being purchased. You may not sell Credits for real money;
Any content provided or made available by Cloozup by means of the Service, including the content, information, software, applications, programs, images, sounds, graphics, links, video and other materials displayed or made available at the Website, the functionalities provided through the Website, Virtual Products any Third Party Content and any User Content;
g. Intellectual Property Rights:
All the intellectual property rights including but not limited to rights such as copyrights, trademark rights, patents, model rights, trade name rights, database rights and neighboring rights as well as the rights to know-how and related rights;
h. Paid Services:
The paid services rendered against payment of purchased Credits, as more particularly described on the Website;
Cloozup and you;
j. Personal Data:
Any data that directly or indirectly relates to a natural person;
The part of the Account which is visible to other Users. The Profile is part of the Account.
The notice which can be used to report infringing and/or unlawful material, available at www.cloozup.com.
All services, information and functionality provided or made available by Cloozup, at the Website, including but not limited to access and use of Cloozup’s platform which may enable the User to view and share Information¸ and including Paid Services;
p. Third Party Content:
Audio visual content, messages, advertisements and other content of third parties such as advertisers, sponsors and top athletes;
q. User or “ you ”:
Any person that has created an Account, and/or any person who uses an Account, and/or any person who accesses the Service and/or the Website;
r. User Content:
Any content provided by the User by means of the Service, including but not limited to Profile information, messages and comments;
s. Virtual Products:
Virtual content made available to User as part of the Service in exchange for Credits, as further specified in Article 3.10
All websites, domains, and all underlying pages thereof, owned or licensed by Cloozup, including but not limited to www.cloozup.com
Article 2 Scope
Article 3 Use of the Service, evidence and records
3.3 You acknowledge and agree that Cloozup does not pre-screen User Content posted or transmitted by means of the Service and that Cloozup has no influence over the User Content provided by means of the Service. Cloozup is not liable and/or responsible for the User Content provided by means of the Service and/or any use made of the Service by you or any User. You warrant and represent that you have the right and authority to submit your User Content and that your User Content or any part thereof does not infringe the Intellectual Property Rights or any other rights of any third party.
a. Use or upload any malicious code or any software or scripts such as viruses or Trojans that can damage or erase computers or data of Cloozup, (other) Users or third parties or make it unavailable or inaccessible;
b. Bypass technical security measures of the computer systems of Cloozup or third parties, used in the provision of the Service;
c. Unreasonably or disproportionately use the infrastructure of the computer systems ofCloozup or third parties, used in the provision of the Service or impede the functionality or functionalities of the Service, such as through a denial of service attack;
d. Use any manual or automated software, devices, robots or other processes to "crawl", "spider" or scrape any Information;
e. Do any acts on or in relation to the Service which might constitute unauthorized commercial communications including but not limited to unsolicited advertising, junk, spam, bulk e-mail, scam and/or phishing;
f. Infringe any third party’s Intellectual Property Rights, privacy rights or other rights in your use of the Service;
g. Involve the Service in the commissioning or carrying out of any illegal activities or any activities that are contrary to morality or public order including posting any User Content of any kind or nature which is or may be offensive, defamatory, libelous, harmful, vulgar, obscene or otherwise objectionable, or otherwise inappropriate use;
h. Provide to Cloozup any false or misleading information;
j. Act in any manner, in your use of the Service, which may be unlawful in any way whatsoever.
It is at the sole discretion of Cloozup to determine whether you have breached this provision 3.5.
3.6 The use of the Service is at your own expense and risk. You are responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the Service and/or the Website. The risk of loss, theft or damage to any of your data will at all times be borne by you.
3.7 The Service and/or the Website may contain information that is derived from and/or may refer to third parties' websites or services, such as through the Third Party Content or via hyperlinks, banners or buttons. Third party terms or conditions may apply to these websites or services. Cloozup has no control over the information and content of these third parties’ websites and services. Cloozup does not accept any responsibility and/or liability for this information and content of these third parties’ websites and services.
3.9 You acknowledge and agree that any records maintained by Cloozup, its suppliers or licensors relating to or in connection with the Services (or any part thereof) shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
Article 4 Account
4.1 In order to be able to use the Service, you have to create an Account in the way as described on the Website. You may only create one (1) Account and you may only create an Account if you are a natural person. Hence, you may only create an Account on your own behalf and not on behalf of any other person or entity. As part of the functionality available in the Website, the User may be able to amend, update and/or delete the associated profile.
4.2 You are responsible for keeping your Credentials confidential. You are responsible for, agree to be bound by and to be liable for all use made of the Service or access to the Service by means of your Credentials and you agree that Cloozup shall be entitled to act upon, rely on and/or hold you solely responsible and liable in respect thereof as if the same were carried out by you. Any use of or access to the Services and any information, communications or data referable to your Credentials shall be deemed to be:
a. Use or access to the Service by you; and/or
b. Information, communications or data validly posted, transmitted and issued by you.
4.3 As soon as you know or have reason to believe that your Account or Credentials have been compromised or have been or will be subject to unauthorized use you should notify Cloozup of this, without prejudice to Article 4.2 and notwithstanding your obligation to take immediate effective measures to prevent unauthorized use, such as through changing the password of the Account.
4.6 Cloozup accepts no liability for any damages resulting from unauthorized access to or use of the Service and/or the Website by the User or third parties.
4.7 Cloozup uses standard security measures to ensure that your personally dentifiable or highly sensitive information is not lost, misused, altered or unintentionally destroyed. Amongst others, Cloozup uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. You are informed and acknowledge that email and many internet connections are not secured, and that third parties can intercept any information that is electronically exchanged. Cloozup encourages you to use only secure, non-public internet connections to use the Services or access the Website. For you own protection and security, Cloozup recommends that you do not communicate sensitive information when using the Services or accessing the Website.
Article 5 Database
Article 6 Intellectual Property Rights
6.2 You warrant and agree that all material you upload, including information on your Profile and any and all User Content uploaded by you is: (i) true and accurate, your own property or property that you have the right to upload and that your uploading or posting of the User Content and the licensing or provision of that User Content to Cloozup and other Users (including Cloozup and other Users exercising the rights granted to them) does not and will not infringe the rights of any third party, including the infringement of any third party’s intellectual property rights or rights of confidentiality or privacy; (ii) not harmful, offensive or discriminatory to other Users; (iii) uploaded only after you have taken all measures necessary and practicable to insure that the User Content is free from virus, worm, trojan or any other malicious code that may cause harm to the Website and/or Service or Users’ computers. You agree to pay any royalties, fees, or other monies owing to any person as a result of you uploading or posting of any User Content on the Cloozup platform or you licensing or providing that User Content to Cloozup or other Users.
6.4 You may use the Website and/or Service for your own personal use, and you are not permitted to sell, rent out, transfer or grant restrictive rights to the Service and/or Information (except your own User Content), or to make it available to third parties in any way or for any purpose. You will also refrain from granting third parties access – remotely or otherwise – to the Service and/or Information or to provide the Service and/or Information to a third party.
6.5 You retain all Intellectual Property Rights, if any, that vest in you by operation of law with regard to any User Content you post by means of the Service. You agree and acknowledge that by posting any User Content by means of the Service and/or the Website you hereby grant Cloozup, Users and/or visitors a royalty-free, unencumbered, world-wide, sub- licensable, transferable, perpetual, non-exclusive right to use, reproduce, host, transmit, circulate and make public such User Content in connection with the Service and to use the User Content for Cloozup’s own marketing and/or promotional purposes in connection with the Service.
Article 7 Third Party Content
7.1 Without prejudice to Article 9, Cloozup does not supervise the legality of the Third Party Content.
7.2 Any disputes between you and providers of Third Party Content shall have to be solved by those providers and you yourselves. Cloozup is not a party to such a dispute, and expressly disclaims any involvement in any such dispute.
7.3 Cloozup has no involvement with and is not responsible for the Third Party Content or other information provided by third parties through the Service and/or the Website. Cloozup accepts no liability for any damages, losses, expenses or costs in relation to the Third Party Content or other information provided by third parties though the Service and/or the Website. Cloozup is not liable for any damages, losses, expenses or costs you may suffer in relation to or in connection with any acts or omissions of any Third Party Content providers.
Article 8 Privacy
8.1 During the use of the Service and/or the Website, you may provide Personal Data to Cloozup. This Personal Data will be saved and processed in accordance with Cloozup’s Privacy Statement (available at www.cloozup.com/privacystatement)
Article 9 Report
9.1 In order to stop breaches of any third parties’ rights as soon as possible, Cloozup adheres to the following procedure for reporting allegedly infringing or unlawful Information.
9.2 When a valid Report is received, as outlined below, Cloozup may respond under this process by taking down the offending content. On taking down content, Cloozup may take reasonable steps to contact the owner of the removed content so that a counter-report may be filed. On receiving a valid counter-report, Cloozup will generally restore the content in question, unless we receive notice from the Report provider that a legal action has been filed seeking court order to restrain the alleged infringer from engaging in the infringing activity.
9.3 To file a Report, a written, signed notice must be made to Cloozup, by fax or written letter (regular mail or courier). Emails will not be accepted unless prior arrangement has been made. The Report must:
a. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (i.e., describe the work you own);
b. Identify the item that you claim is infringing on your copyright, and provide information reasonably sufficient to locate the item in the Service or Website;
c. Provide a reasonably sufficient method of contacting you; phone number and email address would be preferred;
d. Include the following statement: “I swear, under penalty of perjury, that the
information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
9.4 To file a counter-report, a written, signed counter-report must be made to Cloozup, by fax or written letter (regular mail or courier). Emails will not be accepted unless prior arrangement has been made. The counter-report must:
a. List the items that were removed by the Cloozup administrators, and the location at which the material appeared before it was removed. Please identify the object in sufficient detail;
b. Provide your name, address, telephone number and email address;
c. State that you consent to jurisdiction in the judicial district in which you reside (or Courts of the Republic of Singapore if your address is outside the Republic of Singapore);
d. State that you will accept service of process from the person who provided the Report to Cloozup of the alleged infringement or an agent of such person;
e. State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was the removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
9.5 Notifications and/or counter-notifications should be mailed to the designed Copyright Agent of Cloozup:
Alternatively, fax the document to Cloozup (see www.cloozup.com/contact). On the fax coversheet, please write ATTN: INFRINGEMENT REPORT.
9.6 Please note that you may be liable for damages (including costs and attorneys fees) if you falsely claim that an item is infringing your copyrights.
9.7 Cloozup respects and protects the privacy of Users and/or third parties who submit Reports and counter-reports. All personal information that it receives with a Report will always be processed in accordance with Article 8.1
Article 10 No warranty, indemnities and interruptions
10.1 Cloozup does not warrant that the service will be error free, complete or up-to-date at all times.
10.2 You agree that the service and website are provided on an “as is” and “as available” basis. Cloozup does not guarantee that the service and/or the website or any part(s) thereof will be accessible at all times and without any interruptions or failures. Failures in the service and/or the website can occur as a result of failures in the internet or phone connection or as a result of viruses and/or faults/defects. Cloozup is not liable to you for any damage, losses, expenses or costs resulting or arising from the service being temporarily or permanently unavailable, including but not limited to the loss of data or inability to access or use the service. no warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose and freedom from computer virus or other malicious, destructive or corrupting code, agent, program or macros, is given in conjunction with the service or the website.
10.3 Cloozup does not warrant in any way whatsoever that any terms and conditions applicable to third party software or services – including but not limited to the terms and conditions of facebook – allow the use of and/or interaction with the service.
10.4 Cloozup is entitled to change and/or update the Service and/or Website and replace the design and lay-out of any of the functionalities of the Service and/or Website without any prior notification and without being obliged to pay any compensation whatsoever to the Users.
10.5 Cloozup is entitled to put the Service and/or Website out of service and/or to reduce the scope of the Service and/or Website without any prior notification and without being obliged to pay any compensation whatsoever to you, if in the opinion of Cloozup this is necessary, for instance in connection with the reasonably required maintenance of the Service and/or Website or due to any event beyond the reasonable control of Cloozup or its service providers. Such events include – but are not limited to – site or building blockades, strikes, riots, civil disruption, war, terrorist acts, inclement weather, epidemic, specific work interruptions, delay in transportation, earthquake, fire, storm, flood, or water damage, delay in or cancellation of the delivery to Cloozup of parts, goods or services ordered from third parties, or governmental, legal or regulatory restrictions.
10.6 You are responsible and liable for all your use of the Service and Website, including but not limited to your use of your Account and/or Profile.
Article 11 Limitation and exclusion of liability
11.1 To the maximum extent permitted by applicable law, in no event shall Cloozup, its affiliates, directors, officers employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the service and/or website, even if Cloozup, its affiliates, directors, officers employees or its licensors may have been advised of, or otherwise might have anticipated, the possibility of the same. under no circumstances will Cloozup be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
11.2 To the maximum extent permitted by applicable law, Cloozup assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service or website; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. in no event shall Cloozup, its affiliates, directors, employees, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding $100.-, or the amount you paid to Cloozup hereunder, if any.
11.3 Your sole and exclusive remedy related to the use of the service and/or website is to discontinue such use and/or to delete your account.
11.5 The limitations mentioned in the preceding paragraphs of this Article 11 shall not apply if and in so far as the damage or injury is the result of intentional acts or omissions or gross negligence by Cloozup or its managers.
Article 12 Term and termination
the Website and Service and, as a User, by terminating the Account. Upon termination, you will not be entitled to the value of any unused Credits, or any other amount.
12.2 In addition to the other remedies available to Cloozup, Cloozup is at all times, at its sole discretion, without prior written notice or explanation and without becoming liable to you, entitled to:
a. Temporarily or permanently terminate the Account and your use of the Service and/or Website in the event that Cloozup, at its sole discretion, deems such termination necessary, including but not limited to a violation of Articles 3 and/or 6;
b. Restrict or suspend your activities in connection with the Service and/or Website or to ban you from the Service and/or Website;
c. Ban a User from using the Service and/or Website and prevent banned Users from creating a new Account and/or delete Accounts created by banned Users; and/or
d. edit, delete or refuse any content or services (including User Content) within the service.
12.4 After termination, the User’s right to access and use the Service shall cease to exist immediately.
Article 13 Third parties
Article 14 Contact
14.1 Any and all correspondence and communication between the User and Cloozup may be undertaken in the English language. If the User does not understand the English language, he must immediately inform Cloozup of this.
Article 16 No waiver
ANNEX A PAID SERVICES
Article 1 Applicability and rank
Article 2 Paid Service
2.1 This additional agreement for Paid Services between Cloozup and User, is created when Cloozup receives the amount indicated on the Website for the purchased Credit package chosen by the User. The Paid Services entail the offering of additional, exclusive Third Party Content to you against payment of purchased Credits, by means of the Website. In providing the Paid Services, Cloozup merely acts as an intermediary between the User and the Third Party Content provider. Paid Services are not provided in exchange for bonus Credits.
Article 3 Payment
3.1 In order to make use of the Paid Services, the User is required to pay with purchased Credits. These Credits can be purchased by User as indicated on the Website. Purchased Credits may only be used for Paid Services. You may not sell Credits for real money.
3.2 The prices for such Credits for the use of Paid Services are specified on the Website, and Credit packages and prices are subject to change at any time. Prices for such Credits are in Euros or US dollars and are inclusive of any goods and services or value-added or consumption taxes, import duties and other government imposed taxes, duties and levies. The payment of said levies (if any) is the responsibility of User.
3.3 The prices quoted for such Credits are in Euros or US dollars, or in another currency if stated by Cloozup in writing. User shall bear any exchange rate risk.
3.4 The User warrants and guarantees that the information submitted when using the Paid Services, including without limitation, its payments details, shall be complete, correct, truthful and up to date.
3.5 The User has the obligation to inform Cloozup immediately about any inaccuracies in the offer provided, the invoice or the payment details described, including the price. In the event of an obvious error, Cloozup may, it its sole determination and discretion, take any measure it deems appropriate in order to remedy such error, including but not limited to issue a credit note. The User cannot hold Cloozup to any offer for Paid Services and/or price for such Credits if the User should reasonably have known that the offer and/or the price are/is an obvious mistake or error.
3.6 User shall be liable for amounts which Cloozup incurs to collect payment, including without limitation, collection agency fees, reasonable attorneys’ fees and arbitration or court costs.
3.7 The User is not allowed to revoke any request to receive any Paid Services or to receive any refund in respect of any Paid Services, and the Paid Services will be provided by Cloozup to the User immediately after payment by the User.
3.8 The User acknowledges and agrees that amounts, including Credits, paid to Cloozup are not refundable and non cancelable, even in the event that User’s Account is terminated by Cloozup. Furthermore, Credits do not have any inherent value and/or monetary value towards Cloozup, are not transferable and/or licenseable between different Users and/or between different Accounts. Any such transfer and/or license is null and void, without prejudice to Cloozup’s other rights and remedies, such as to terminate the Service and/or Account.