1.ACCEPTANCE OF TERMS
The services that Closso provides to User are subject to the following Terms of Service ("TOS").
Closso reserves the right to update the TOS at any time without notice to User. The most current version of the TOS can be reviewed by clicking on the "Terms of Service" hypertext link located at the bottom of our Web pages.
A.This TOS, which incorporates by reference other provisions applicable to use of Heeloo (composed of , but not limited to, the following web properties: www.heeloo.ro , www.heeloo.at , www.heeloo.de , www.heeloo.co.uk , www.heeloo.fr , www.heeloo.ch , www.heeloo.be ,www.heeloo.net , www.heeloo.eu , www.heeloo.nl , www.heeloo.hu , www.heeloo.com.pt , www.heeloo.es, www.heeloo.pt,www.heeloo.cn, www.heeloo.in, www.heeloo.li, www.heeloo.re, www.heeloo.it, www.heeloo.mx ) , including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained by Heeloo , sets forth the terms and conditions that apply to use of Heeloo by User. By using Heeloo (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use Heeloo is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
B.Closso shall have the right at any time to change or discontinue any aspect or feature of Heeloo , including, but not limited to, content and hours of availability.
?Closso shall have the right at any time to change or modify the terms and conditions applicable to User's use of Heeloo , or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Heeloo , or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Heeloo by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3.DESCRIPTION OF SERVICES
Through its Web properties including Heeloo, Closso provides User with access to a variety of resources, including ,but not limited to, download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOS.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Heeloo and all charges related thereto.
A.User shall use Heeloo for lawful purposes only. User shall not post or transmit through Heeloo any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Closso 's express prior approval, contains advertising or any solicitation with respect to products or services. User shall not use Heeloo to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Closso .
B.Heeloo contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Heeloo are copyrighted as a collective work under the Germany copyright laws. Closso owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Closso and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C.User shall not upload, post or otherwise make available on Heeloo any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Heeloo , User automatically grants, or warrants that the owner of such material has expressly granted Closso the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants Closso the right to edit, copy, publish and distribute any material made available on Heeloo by User.
D.The foregoing provisions of Section 5 are for the benefit of Closso], its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6.USE OF SERVICES
The Services may contain e-mail services, bulletin board services, chat areas, forums, communities, personal web pages, calendars, photo albums and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
qUse the Communication Services in connection with surveys, contests, pyramid schemes, spamming or any duplicative or unsolicited messages (commercial or otherwise).
qDefame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
qPublish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
qUpload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
qUse any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
qUpload files that contain viruses, Trojan horses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
qAdvertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
qDownload any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
qFalsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
qRestrict or inhibit any other user from using and enjoying the Communication Services.
qViolate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
qHarvest or otherwise collect information about others, including e-mail addresses.
qViolate any applicable laws or regulations.
qCreate a false identity for the purpose of misleading others.
Closso reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Closso's sole discretion.
Closso has no obligation to monitor the Communication Services. However, Closso reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Closso reserves the right to terminate User?s access to any or all of the Communication Services at any time, without notice, if the User violate the current TOS.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
7.MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing Closso with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User?s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User?s account. User agrees to notify Closso immediately of any unauthorized use of User?s account or any other breach of security. Closso will not be liable for any loss that User may incur as a result of someone else using User?s password or account, either with or without User?s knowledge. However, User could be held liable for losses incurred by Closso or another party due to someone else using User?s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
Electronic mail (e-mail) is a private correspondence between sender and recipient. Heeloo policy environment is to respect the privacy of its Users. Therefore, in addition to the privacy of Registration Informations, Closso will not monitor, edit or disclose the content of private communications of any User unless it is required by law or necessary to:
comply with the law or comply with a legal process open to Closso
protect and defend the rights of Closso
act under exigent circumstances to protect the personal safety,of its members and of the public
?User confirms and agrees that Closso doesn't assumes its responsibility for the content of any Member's communications nor be liable for any materials threatening, defamatory, obscene or violent and any infringement of intellectual property rights of any third party arising in or facilitated thereby.??User agrees that certain technical processing of email messages and their contents could be required to:
sending and receiving messages
compliance with requirements of connecting to the Internet network
compliance with the limitations of the Service
compliance to other similar requirements.
9.NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents (such as press releases, texts and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made.
Closso AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL Closso AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Closso AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10.NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL Closso AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11.MATERIALS PROVIDED TO Closso OR POSTED AT ANY OF ITS WEB SITES?
The User retain copyright and any other rights already holded in submited Content, posted or displayed on or through, the Services. By submitting, posting or displaying the content the User gives Closso a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Closso to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
In addition to the representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User?s use and as otherwise permitted by these Terms of Service and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Service, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Service, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting to all members of User?s private community and/or to the general public permission to use User?s Images in connection with the use, as permitted by these Terms of Service, of any of the Services, and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User?s Images without having User?s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for the Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User?s Images.
12.Disclaimer of Warranty; Limitation of Liability
A.USER EXPRESSLY AGREES THAT USE OF Heeloo IS AT USER'S SOLE RISK. NEITHER Closso, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT Heeloo WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF Heeloo , OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH Heeloo .
B.Heeloo IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND.
C.THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT Closso IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D.IN NO EVENT WILL Closso, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING Heeloo OR THE Closso SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE Heeloo . USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E.IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, Closso, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS OF THE INFORMATION CONTAINED WITHIN Heeloo , OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
G.FORCE MAJEURE ? NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF TWO (2) MONTHS FROM ITS OCCURENCE, OTHERWISE, ANY FURTHER ACTION AFTER THIS PERIOD WILL BECOME NULL AND VOID.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES ,SO SOME OF THE LIMITATIONS OF ABOVE SECTION 12 MAY NOT APPLY TO YOU.
The Services may include hyperlinks to other web sites or content or resources. Closso may have no control over any web sites or resources which are provided by companies or persons other than Closso.
You acknowledge and agree that Closso is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that Closso is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
14.UNSOLICITED IDEA SUBMISSION POLICY
Closso OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN Closso'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO Closso. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT Closso MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
Closso shall have the right, but not the obligation, to monitor the content of Heeloo , including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Closso and to satisfy any law, regulation or authorized government request. Closso shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Heeloo . Without limiting the foregoing, Closso shall have the right to remove any material that Closso, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless Closso, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Closso by User or User's Account.
Either Closso or User may terminate this Agreement at any time. Without limiting the foregoing, Closso shall have the right to immediately terminate User's Account in the event of any conduct by User which Closso, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
18. PARTICIPATING IN PROMOTIONS AND ADVERTISING
The User can enter into correspondence or participate in promotions with advertisers who expose their products through Closso.
Any such correspondence or promotion, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such advertiser.
Closso does not assume any responsibility, obligation or legal liability for any of both sides of this correspondence or promotion.
Closso and its logos are trademarks of Closso . All rights reserved. All other trademarks appearing on Heeloo are the property of their respective owners. Any rights not expressly granted herein are reserved.
This TOS and any other rules applicable for Heeloo established by Closso constitutes the entire agreement between the parties regarding its content, and governs the use of the Services, superseding any prior version of this TOS, written or oral , between the parties with respect to the Closso's Services.
?This TOS will be governed by and will be built in accordance with the laws of European Union, excluding provisions that conflict with it.
?The User and Closso agree to submit to the personal jurisdiction of the courts located within the European Union.
?The inability of Closso to apply any right or provision of this TOS shall not constitute a derogation of the subsequent application of those rights unless this is acquiesced in writing by Closso .
?The section titles in the TOS are for convenience only and have no legal or contractual effect.
?None of the provisions of the TOS can not be evaded.
The TOS will be respected and applied according to the laws in force in European Union.