wakoopa/terms.html

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  17   <title>Terms of Use on Wakoopa</title>
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  19
  20 <h3>In normal talk (summary)</h3>
  21 <p>You will <strong>always</strong> own your data when you use Wakoopa. Please: don't use our service in a way that might hurt us or anybody else. If you feel we should revise these terms, <a href="http://wakoopa.com/about/contact">let us know</a>.</p>
  22
  23 <h3>In super-duper lawyer talk (the full story)</h3>
  24 <p>
  25 Wakoopa is operated by Wakoopa BV, Damrak 70 2.54, 1012LM Amsterdam, the Netherlands. Wakoopa provides its service to you subject to the following Terms of Use ("Terms"), which may be updated by us from time to time without notice to you. By visiting our website or using our service you automatically agree to be bound by the Terms as set out below, even if you have not explicitly consented to this by clicking on “I agree” or a similar online consent mechanism.
  26 <br /><br />
  27 <strong>Changes to Wakoopa and terms of use</strong>
  28 <br /><br />
  29 We reserve the right to modify or terminate the Wakoopa service for any reason, and without notice, without liability to you or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service to check for possible changes.
  30 <br /><br />
  31 <strong>Appropriate conduct and content; personal use only</strong>
  32 <br /><br />
  33 The software Wakoopa provides (including, but not limited to tracking software) is made available to you for your personal, non-commercial use only (at home or at work).
  34 <br /><br />
  35 In addition you may not modify, adapt, translate, or reverse engineer any portion of the Wakoopa service nor remove any copyright, trademark or other proprietary rights notices contained in or on the Wakoopa service or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Wakoopa service. You may not reformat or frame any portion of the web pages that are part of the Wakoopa service or create or transmit unwanted electronic communications such as "spam," or chain letters to third parties.
  36 <br /><br />
  37
  38 Furthermore, you may not use Wakoopa in any manner that could damage, disable, overburden, or impair Wakoopa's services (e.g., you may not use Wakoopa in an automated manner), nor may you use Wakoopa in any manner that could interfere with any other party's use and enjoyment of Wakoopa's services. You may not use any 3rd party toolbars or scripts to access Wakoopa.
  39 <br /><br />
  40 You may not use the Wakoopa service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ("Materials") that you add, submit, post, and display on the Wakoopa.com service. You grant us a non-exclusive non-revocable license to use the Materials for the sake of the Wakoopa service. Because Wakoopa merely serves as a repository of information, user-posted Materials do not represent the advice, views, opinions or beliefs of Wakoopa, and Wakoopa makes no claim of accuracy of any user-posted Materials.
  41 <br /><br />
  42 Multiple Wakoopa accounts held by the same individual are subject to termination unless expressly authorized by Wakoopa. We also reserve the right, but shall have no obligation, to remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Use. Any account posting objectionable content is subject to termination. We reserve the right to disable (some of) the functionalities (e.g. transferability of links) of the Wakoopa service for any account at any time, without notice, without liability to you or any third party.
  43 <br /><br />
  44 Accounts created with the primary intention to promote a product or service are considered SPAM and are subject to termination unless expressly authorized by Wakoopa. We reserve the right to remove content that we determine in our sole discretion is primarily intended to promote a product or service.
  45 <br /><br />
  46 We reserve the right, to limit the amount of Materials that you can add to the Wakoopa service.
  47 <br /><br />
  48 If you have comments on Wakoopa and its service, or ideas on how to improve it, please contact us. Please note that by doing so, you also grant Wakoopa the right to use and incorporate your ideas or comments into Wakoopa's software or website without further compensation. If you do not agree to this policy then please do not send us your ideas, comments and suggestions, by email or otherwise.
  49 <br /><br />
  50 <strong>Wakoopa's proprietary rights</strong>
  51 <br /><br />
  52 By submitting, posting or displaying any Materials on or through the Wakoopa service, you automatically grant to us a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such Materials. If Materials you own are deleted from the Wakoopa service, these rights are revoked.
  53 <br /><br />
  54
  55 You acknowledge that Wakoopa owns all right, title and interest in and to the Wakoopa website and service, including without limitation all Intellectual Property Rights. "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.
  56 Except as expressly authorized (in written permission) by Wakoopa, you may not copy, modify, publish, license, create derivative works, reverse engineer, transmit, distribute, perform, display or sell any of Wakoopa's proprietary information or software.
  57 <br /><br />
  58
  59 <strong>Disclaimer of warranties</strong>
  60 <br /><br />
  61 Wakoopa BV ("Wakoopa") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the Wakoopa service and website. Wakoopa disclaims any and all responsibility and liability for the conduct of third parties on the website.
  62 <br /><br />
  63 Wakoopa SOFWARE AND WEBSITE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. Wakoopa DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Wakoopa SOFTWARE AND WEBSITE.
  64 <br /><br />
  65 YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE Wakoopa SOFTWARE AND SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF Wakoopa SOFTWARE.
  66 <br /><br />
  67 UNDER NO CIRCUMSTANCES SHALL Wakoopa BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE Wakoopa SERVICE AND WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Wakoopa HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE Wakoopa SERVICES AND WEBSITE, FROM INABILITY TO USE THE Wakoopa SERVICES AND WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Wakoopa SERVICES AND WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
  68 YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THE Wakoopa SERVICES AND WEBSITE SHALL BE TO TERMINATE USE OF THE Wakoopa SERVICES AND WEBSITE. Some countries do not allow the exclusion or limitation of damages in which case any liability for damages and cost shall be limited to EURO 1.000,-.
  69 <br /><br />
  70 In view of the fact that Wakoopa BV is offering the Wakoopa service free of charge, you agree that abovementioned full exclusion of liability and full disclaimer of any and all warranties is fair and acceptable to you.
  71 <br /><br />
  72
  73 <strong>Governing Law and Forum</strong>
  74 <br /><br />
  75 The Wakoopa service and website is governed by the Laws of the Netherlands. Any and all disputes arising out of or in connection with this agreement shall only be submitted to the competent court in Amsterdam.
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