Terms and Conditions of Use of the ServicesLast updated: 9 July 2021
These terms and conditions (the “Terms”) apply to the use of Check it Out S.A.S.’s products, websites and services for the public (the “Services”). By providing you with the opportunity to use, order and/or subscribe to the Services, Check it Out S.A.S. is making you an offer. Your creation of a Check it Out S.A.S. account, your use of the Services, or your continued use of the Services after you have been notified of the change to these Terms constitutes acceptance of these Terms.
Please read, print and keep a copy of these Terms for your records as Check it Out S.A.S. will not save a copy for you.
1. Your personal details
We attach great importance to the protection of your personal data. Please read Check it Out S.A.S.’s Privacy Statement (the “Privacy Statement”) which describes the types of data we collect from you and your devices (the “Data”) and how we use that Data as well as the legal bases we have for processing your Data.
2. Your Content
Many of our Services let you create, store or share Your Content, or to receive pieces of content from other users. We do not claim any ownership rights in Your Content. Your Content remains Your Content and you are responsible for it.
a. When you share Your Content with others, you explicitly agree that those with whom you have shared Your Content may, free of charge and worldwide, use, record, reproduce, broadcast, transmit, share, display and communicate Your Content. If you do not want others to have this ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all necessary rights in and to the pieces of Your Content that you upload, store or share on or through the Services, and that the collection, use and retention of Your Content through the Services does not violate any law or third party right. We strongly recommend that you make regular backup copies of Your Content. Check it Out S.A.S. is not responsible for Your Content or the pieces of content uploaded, stored or shared by others using our Services.
b. For the sole purpose of providing you with the Services, providing you with technical support that accompanies the Services, protecting you and the Services, and improving the Check it Out S.A.S. Services, you grant Check it Out S.A.S. the right, for Check it Out S.A.S.’s internal use, to copy your Content, store it, transmit it, modify its format, share it, and display it on the Services. This right is not granted for any external use by Check it Out S.A.S and for any purpose not listed above.
3. Code of Conduct
a. Content, pieces of content or actions that violate these Terms are not permitted. By agreeing to these Terms, you are obligated to comply with the following rules:
i. Do not break the law.
ii. Do not engage in any activity that exploits, harms or threatens to harm children.
iii. Do not publicly post or use the Services to share inappropriate content (e.g., relating to nudity, bestiality, pornography, offensive language, violence, or criminal activity).
iv. Do not engage in fraudulent, deceptive or misleading activities (e.g., asking for money under false pretenses, impersonating someone else, using the Services to fraudulently increase the number of allowed reads, or falsifying ratings, scores or comments).
v. Do not intentionally circumvent restrictions on access to or availability of the Services.
vi. Do not engage in activities that would be harmful to you or the Services or others (e.g., sharing viruses, harassment, posting terrorist content, hate speech, calls for violence against others).
vii. Do not infringe on the rights of third parties (e.g. unauthorised sharing of music, images, video or other copyrighted content).
viii. Do not engage in activities that violate the privacy rights of others.
ix. Do not assist anyone in violating these rules.
b. Enforcement. We reserve the right to refuse Your Content if it exceeds the storage or file size limits allowed by the Service. If you breach any of the obligations set forth in Section 3(a) above or otherwise violate these Terms, we may take action against you including (without limitation) discontinuing providing the Services to you or terminating your Check it Out S.A.S. account immediately for cause or blocking the sending of any communications (e.g., file sharing) to or from the Services. We also reserve the right to remove or block Your Content from the Services at any time if we believe it may violate applicable law or these Terms. When investigating suspected violations of these Terms, Check it Out S.A.S. reserves the right to view Your Content in order to resolve the matter. However, we do not control the Services and do not seek to do so.
4. Use of Services and Support
a. Check it Out S.A.S. Account. A Check it Out S.A.S. account is required to access most Services. Your Check it Out S.A.S. account lets you log in to products, websites and services provided by Check it Out S.A.S. and certain Check it Out S.A.S. partners.
i. Creating an account. To create a Check it Out S.A.S. account, register on the “Kannelle.io” © platform in mobile or web version. You agree not to use any false, inaccurate or misleading information when registering your Check it Out S.A.S. account. In some cases, a Check it Out S.A.S. account may have been assigned to you by a third party. If your Check it Out S.A.S. account has been provided to you by a third party, that third party may have additional rights to your account, such as the ability to access or delete your Check it Out S.A.S. account. Please review any additional terms and conditions provided by the third party, as Check it Out S.A.S. cannot be held responsible for them. If you are creating a Check it Out S.A.S. account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to enter into this Agreement on behalf of such entity. You may not transfer your Check it Out S.A.S. account username and password to another user or entity. To protect your account, please do not disclose your account information or password. You are responsible for all activities that occur under your Check it Out S.A.S. account.
ii. Account Usage. To keep your Check it Out S.A.S. account active, you must use it. You must log in at least once every five (5) years to keep your Check it Out S.A.S. account and associated Services active, unless otherwise specified in an offer for a paid portion of the Services or as otherwise required by law. If you do not log in within this period, we will consider your Check it Out S.A.S. account to be inactive and may close it. Please see Section 4(a)(iv)(2) for the consequences of closing a Check it Out S.A.S. account. If we reasonably suspect that your Check it Out S.A.S. account is being used fraudulently by a third party (e.g., after your account has been compromised), Check it Out S.A.S. may suspend your account until you reclaim ownership of it. Depending on the nature of the compromise, we may have to disable access to all or part of Your Content. If you are unable to access your Check it Out S.A.S. account, please contact firstname.lastname@example.org
iii. Use of accounts by children. By registering, you represent that you have reached the age of “majority” in your country of residence, or have valid permission from a parent or legal guardian, to be bound by these Terms. If you do not know whether you are of the age of majority in your country of residence, or if you do not understand this section, do not create a Check it Out S.A.S. account until you have asked a parent or legal guardian for assistance and consent. If you are the parent or legal guardian of a minor who initiated the creation of a Check it Out S.A.S. account, you and the minor agree to be bound by these Terms and are responsible for monitoring the minor’s use of the Check it Out S.A.S. account, or the Services, including purchases, whether the account is already created or is created at a later date.
iv. Closing your account.
1. To close your Check it Out S.A.S. account, please send a request to email@example.com
2. If you close your Check it Out S.A.S. account (whether by you or by us), several things happen. First, your rights to use the Check it Out S.A.S. account to access the Services terminate immediately. Second, we will delete the Data or Your Content associated with your Check it Out S.A.S. account or disassociate it from you and your Check it Out S.A.S. account (unless we are required by law to retain, return or transfer it to you or a third party identified by you). As a result, you will no longer be able to access any of the Services (or Your Content stored on those Services) that require a Check it Out S.A.S. account. We recommend that you have a regular backup program. Finally, you may no longer have access to any products or features you have purchased.
b. Business and school accounts. You may log in to certain Check it Out S.A.S. services with a business or school email address. If you do so, you agree that the owner of the domain associated with your email address may monitor and manage your account and access and process your Data, including the content of your communications and files, and that Check it Out S.A.S. may notify the owner of the domain if the account or Data is compromised. You also agree that your use of Check it Out S.A.S. services may be subject to agreements between Check it Out S.A.S. and you or your organization and that these Terms do not apply. If you already have a Check it Out S.A.S. account and use a separate business or school email address to access Services covered by these Terms, you may be asked to update the email address associated with your Check it Out S.A.S. account in order to continue to access those Services.
c. Additional Equipment/Data Plans. Many of the Services require an Internet connection and/or cellular/data plan. You may also require additional equipment, such as a headset, microphone, stabilizer or tripod. You are solely responsible for all connections, packages and/or equipment required to use the Services and for paying any fees charged by the provider(s) of your connections, packages and equipment. These fees are in addition to any fees you pay to us in connection with the use of the Services and will not be refunded to you.
d. Service Notifications. If any information needs to be communicated to you regarding a Service you use, we will send you Service notifications and information that we are required by regulation to send to you. If you have provided us with your email address or phone number as part of your Check it Out S.A.S. account, you may receive Service notifications by email or SMS, including verifying your identity before registering your mobile phone number. You may receive Service notifications by other means (e.g., through in-product messages). Depending on your location and mobile plan, data or message charges may apply when you receive notifications via SMS. We recommend that you monitor and keep active the email address you have specified. If you do not consent to receiving email notifications, you should discontinue using the Services.
f. Termination of your Services. If your Services are terminated (whether by you or by us), first, your right to access the Services ends immediately and your license to the pieces of software related to the Services also ends. Second, we will delete the Data or Your Content associated with your Service or disassociate it from you and your Check it Out S.A.S. account (unless we are required by law to retain, return or transfer it to you or to a third party identified by you). As a result, you will no longer be able to access any of the Services (or Your Content stored on those Services). We recommend that you have a regular backup program. Finally, you may no longer have access to products that you have purchased. If you have cancelled your Check it Out S.A.S. account and have no other account that can access the Services, your Services may be cancelled immediately.
5. Availability of Services
a. The Services, Third Party Applications and Services, or items or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on the region you are in or the device you are using. If you change the geographic location associated with your Check it Out S.A.S. account and you subscribed on a mobile device via a mobile app download platform, downloads may be partitioned between certain countries and you may need to repurchase the products you purchased and paid for in your previous region.
b. We make every effort to keep the Services available. However, all online services suffer from occasional disruptions and outages. In the event of an outage or interruption of the Service, you may temporarily not be able to retrieve Your Content. We recommend that you regularly back up Your Content and Data that you store on the Services or that you store using Third Party Applications and Services.
6. Updating Services or pieces of software and changing these Terms
a. We will notify you of our intention to change these Terms, if applicable. We may change these Terms if (i) it is required by applicable law, including, without limitation, a change in such law; (ii) it is required by advice and/or an injunction based on applicable law; (iii) it is required for the development of the Services; (iv) it is required for technical reasons; (v) it is required to ensure the proper functioning of the Services; or (vi) the terms are changed for the benefit of the user. We will notify you of the change before it takes effect, through the user interface, in an email message or by any other reasonable means. We will provide you with the opportunity to discontinue the Services at least thirty (30) days prior to the effective date of such change. Your use of the Services after the effective date of the change will constitute acceptance of the new terms. If you do not agree to the changes, you must stop using the Services and close your Check it Out S.A.S. account by following the instructions in Section 4(a). We will expressly remind you of this point when we inform you of our intention to change these Terms.
b. We may automatically check your version of software, which is required to provide the Services and download software updates or configuration changes, without charge, to update, improve and enhance the Services. We may also need to update the pieces of software to enable you to continue to use the Services. Such updates will be governed by these Terms unless additional or separate terms accompany them, in which case the additional or separate terms will prevail. If you do not agree to the additional or separate terms applicable to the Updates, you may not use or receive the Updates. Check it Out S.A.S. is under no obligation to make updates available and makes no warranty that the version of the system for which you acquired or licensed the software, applications, content or other products will be supported.
c. We are constantly improving the Services and may change them at any time, remove features or cease to provide access to Third Party Applications and Services at any time for this purpose, including, without limitation, if our contracts with the relevant third parties no longer permit us to provide their pieces of content, if it is no longer possible for us to provide them, due to technological advances or if our customers request it. We will notify you in advance of any changes to the Services that may interrupt your access to Your Content. For fee-based Services, you will also be notified of other substantial changes to the Services. Unless required by applicable law, we are not obligated to let you re-download or replace previously purchased items or applications. If we cancel a paid Service in its entirety without cause, we will refund to you, on a pro rata basis, any amount you paid for the portion of the Service remaining immediately prior to the cancellation of the Service.
7. Licence of software
Unless accompanied by a separate Check it Out S.A.S. license agreement, any pieces of software we provide to you as part of the Services are governed by these Terms.
a. If you comply with these Terms, we grant you the right to install and use one copy of software per device, worldwide, for use by one person at a time up to a limit of two devices (smartphone, tablet or computer) per user, all as part of your use of the Services. The software or website that is part of the Services may include third party code. Any third party scripts or code linked to or referenced in the software or website are licensed to you by the third party owner of such code and not by Check it Out S.A.S.. Legal notices relating to third party codes are included, where applicable, for informational purposes only.
b. The “Kannelle” © software is licensed, not sold, and Check it Out S.A.S. reserves all rights in the software not expressly granted by Check it Out S.A.S. under these Terms. This license does not grant you any rights and prohibits you from:
i. circumvent or override any technological protection measures included in or relating to the pieces of software or Services;
ii. disassemble, decompile, decrypt, illegally penetrate, emulate, exploit or reconstruct the logic of any pieces of software or any other aspect of the Services included in or accessible through the Services, except and only to the extent that such operations would be expressly permitted by applicable copyright regulations;
iii. separate the parts of software or Services for use on different devices;
iv. publish, copy, assign, rent, sell, export, import, distribute or loan the software or Services, except as expressly authorized by Check it Out S.A.S.;
v. transfer the software, any license of software or any right to access or use the Services;
vii. allow access to the Services or modify any Check it Out S.A.S. authorized device through unauthorized third party applications.
8. Payment terms
By purchasing a Service, you agree to comply with these payment terms.
a. Fees. If there is a fee associated with any portion of the Services, you agree to pay such fee. Unless otherwise stated, the fee quoted for the Services includes all applicable taxes and currency exchange fees. You are responsible for payment of any such taxes or other charges. Taxes are calculated at the rate applicable to your geographic area at the time your Check it Out S.A.S. account is created, unless otherwise noted. After notifying you of the failure to receive payment in full and on time, we reserve the right to suspend or cancel the Services if you do not pay in full and on time. Suspension or cancellation of the Services for non-payment may result in a loss of access to your Check it Out S.A.S. account and a block on the use of your account and its content. Any connection to the Internet using a corporate or other private network that masks your location may incur charges different from those applied in the geographic area in which you are located. Depending on your location, some transactions may require currency conversion or be processed in another country. Your bank may charge you extra for these services when you use a debit or credit card. Please contact your bank for more details.
b. Your billing account. To pay the fees for a Service, you will be asked to provide a means of payment at the time you register for said Service. In addition, you authorize Check it Out S.A.S. to use new account information regarding your payment method provided by your issuing bank or applicable payment network. You agree to update your account and other information promptly, including your email address and payment method details, so that we may honor your transaction requests and contact you, as necessary, regarding your transactions. If you ask us to stop using your payment method and do not provide us with another within an appropriate period of time following our request, we may suspend or cancel your Chargeable Service. Changes to your billing account will not affect amounts charged to your billing account until we have had a reasonable opportunity to respond to your request to change your billing account.
c. Billing. By indicating a payment method to Check it Out S.A.S., you (i) represent that you are authorized to use the payment method you have provided and that the payment information you provide is accurate and correct; (ii) authorize Check it Out S.A.S. to charge you for fees for the Services or the piece of content available through your payment method; and (iii) authorize Check it Out S.A.S. to charge you for any paid feature of the Services that you choose to sign up for or use during the course of these Terms. As noted, we may charge you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription-based Services. In addition, we may charge you an amount up to the amount you have approved and notify you of any change in the amount charged in advance for recurring Subscription Services and, in the case of a price change, offer you the opportunity to cancel the Services prior to the price change. We may bill you simultaneously for several of your previous billing periods for amounts that have not yet been processed.
d. Direct debit. If you subscribe to the Services (e.g. monthly, quarterly or annual subscription) and have chosen a direct debit payment method, you consent to recurring payments and authorize Check it Out S.A.S. to debit the payment method of your choice for amounts due at the frequency corresponding to your subscription until such time as such subscription is terminated by you or Check it Out S.A.S.. By consenting to recurring payments, you authorize Check it Out S.A.S. to store your payment instrument and to process such payments as electronic debits or wire transfers, or electronic drafts (for payments by automated clearing house or similar services), or as charges to the designated account (for payments by credit card or similar means) (collectively, “Electronic Payments”). Subscription fees are generally billed in advance for the applicable subscription period. In the event of non-payment of such fees or failure of a card payment or similar payment method, Check it Out S.A.S. or its service providers reserve the right to charge any applicable rejection fees and collect them as Electronic Payments.
e. Automatic Renewal. If automatic renewal is permitted in your country, you may choose to automatically renew the Services at the end of a specified service period. We will remind you by email or other reasonable means prior to any renewal of the Services for a new period, and inform you of any price changes. After we have informed you that you have elected automatic renewal of the Services, we may automatically renew your Services at the end of the current service period and charge you the then current price for the renewal period, unless you have elected to cancel the Services as set out below. We will also remind you that we will debit the payment method you have chosen for the renewal of the Services, whether it was specified at the renewal date or provided at a later date. We will also give you instructions on how to cancel the Services. You must cancel the Services before the renewal date to avoid being charged for the renewal. Subscription Services may be cancelled by contacting customer service as described in Section 4 above.
f. Online statement and errors. Check it Out S.A.S. will provide you with a billing statement on which you can view and print your statement. This is the only billing statement we provide. An invoice with VAT may be offered depending on the Service and country. If there is an error on your invoice, we will correct it promptly after you have notified us (or we have noticed it) and we have analysed it. Any obvious error on your invoice should be reported to us within one hundred and twenty (120) days of its initial appearance as it is easier for us to resolve the problem during this period. You may direct your enquiries for these purposes to the customer support department as set forth in Section 4.
g. Refund Terms. You have a right of withdrawal (the “Withdrawal Period”) of fourteen (14) days from the date of purchase for any reason. If the Service is partially provided at the time of cancellation, the refund will be prorated. You acknowledge that the Withdrawal Period will end when the Service has been fully delivered to you. No refunds will be made after that date. If you purchase digital content from us, you will lose your right to cancel at the time you begin the download. Unless otherwise provided by law or by a particular Service offering, all purchases are final and non-refundable. If you suspect that Check it Out S.A.S. has made a billing error, contact Check it Out S.A.S., who will review the invoice in question. No refund or issuance of a credit note shall obligate Check it Out S.A.S. to offer you a similar arrangement in the future. This refund policy does not affect your rights under applicable regulations.
h. Termination of Services. You may cancel the Services by contacting customer service as described in Section 4 above. You should refer to the offer describing the Services, as (i) you may not receive a refund upon cancellation; (ii) you may be required to pay a cancellation fee; (iii) you may be required to pay any fees charged to your billing account for the Services prior to the date of cancellation; and (iv) you may no longer have access to or use your account when you cancel the Services. We will process your Data as described in Section 4 above. If you cancel the Services, the Services will terminate at the end of their current term or, if you are billed regularly, at the end of the period in which you made the cancellation.
i. Evaluation offers. If you are on an evaluation offer, you will need to cancel the Evaluation Services before the end of that evaluation period to avoid incurring further charges, unless we notify you otherwise. If you do not cancel the Evaluation Services before the end of the evaluation period, we may charge you for the Services at the rates quoted to you prior to the end of the evaluation period.
j. Promotional offers. Check it Out S.A.S. may occasionally offer Services for an evaluation period during which it will not charge you for the Services. Check it Out S.A.S. reserves the right to charge you for such Services (at the normal rate) in the event that you breach the terms and conditions of the offer.
k. Price Changes. If the Service offer you have is subject to a fixed period and price, then that price will remain in effect for that period. You will need to accept the new offer and price to continue using the Services. If you pay for the Services on a regular basis (eg. annually), without a specific commitment period and it is not an evaluation offer, we may change the price of the Services if we add new features to the Service, or improve them, to the extent that the costs of providing the Service have increased as a result, or in response to market fluctuations (e.g. due to labour costs, currency fluctuations, changes in taxes/regulations, inflation, licensing fees, infrastructure costs and administrative costs). We will notify you at least thirty (30) days prior to the effective date of such price change. You will have the option to cancel the Services prior to the price change in accordance with Section 9(h) above. When we notify you of the price change, we will also tell you that the new price will take effect if you do not cancel the Services.
l. Payments due to you. If we owe you a payment, you agree to provide us in a timely manner with the accurate information we need to send you that payment. You will be liable for all applicable taxes and charges following receipt of payment. You must also comply with any conditions attached to your entitlement to a payment. If you receive a payment in error, we may cancel that payment or request a refund. You agree to co-operate with us. We may also reduce the payment due to you without notice to compensate for any previous overpayment.
m. Late payment. In the event of late payment, you will be liable for all reasonable costs we incur in connection with such collection, including attorneys’ and consultants’ fees, costs and other expenses, in accordance with law and regulations. We may interrupt or terminate your Services if you fail to pay in full and on time after we have sent you a reminder (threatening to interrupt and/or terminate the Services) requesting you to make payment within the specified time. You can avoid interruption or cancellation if you make the requested payment within the time limit stipulated in the reminder. A different procedure applies if the missing amount is marginal. Missing amounts that are less than 2% of the total value of the invoices will always be considered marginal. Interruption or cancellation of Services for non-payment may result in the loss of access to your Check it Out S.A.S. account.
n. Gift Cards. The use of gift cards is governed by ad hoc terms and conditions which you will be asked to approve on a case by case basis.
o. Payment Method Bank Account. You may be required to register an eligible bank account with your Check it Out S.A.S. account for use as a payment method. Eligible bank accounts include accounts held at a financial institution that is capable of receiving direct debits (for example, a U.S.-based financial institution that supports Automated Clearing House (“ACH”) entries, a European financial institution that supports the Single Euro Payments Area (“SEPA”) or “iDEAL” in the Netherlands). The terms and conditions that you agreed to when adding your bank account as a payment method to your Check it Out S.A.S. account (e.g. the “mandate” in the case of SEPA) also apply. You represent and warrant that you are the holder of the registered bank account or that you are authorised to register and use that bank account as a payment method. By registering or selecting your bank account as a payment method, you authorise Check it Out S.A.S. (or its representative) to debit, in one or more direct debits, the full amount of your purchase or subscription fee (in accordance with the terms of your subscription service) from your bank account (and, if necessary, to credit your bank account for the purpose of correcting errors, issuing a refund or for similar purposes) and you authorise the financial institution that holds your bank account to deduct such direct debits or accept such credits. You agree that this authorization remains valid and in full force and effect until you delete your bank account information from your Check it Out S.A.S. account. Contact Customer Service as described above in Section 4(e) as soon as possible if you believe you have been charged in error. The Regulations applicable in your country may also limit your liability for fraudulent, erroneous or unauthorised transactions on your bank account. By registering or selecting a bank account as your payment method, you acknowledge that you have read, understood and agreed to these Terms.
9. Signatory Entity, Choice of Regulation and Venue for Dispute Resolution
a. If you reside (or, in the case of a business, if your registered office is located) in Europe and you use free or paid Services, you are contractually bound to Check it Out S.A.S. 12 Rue Anselme 93400 Saint Ouen, France, SIREN 824 878 524 RCS Bobigny. The laws of the French Republic govern all claims relating to the Free and Paid Services, but this does not deprive you of your rights under the consumer protection laws of the country to which we direct your Services and where your principal residence (or, in the case of a business, your registered office) is located. With respect to jurisdiction, you and Check it Out S.A.S. agree to choose the courts of the country to which we direct your Services and where your principal residence is located (or, in the case of a business, the country of your registered office) for all disputes arising out of or relating to these Terms, or the competent court in France.
As a consumer, you have certain rights under applicable law. These rights include an obligation on Check it Out S.A.S. to provide the Services using reasonable care. Nothing in these Terms shall limit or exclude our liability for Check it Out S.A.S.’s failure to do so.
Except where we have concealed defects in bad faith or where the defects make it impossible to use the services, we provide the services “as is”, “with all faults” and “as available”. We do not guarantee the accuracy or timeliness of the services. You acknowledge and agree that computer and telecommunications systems are not fault free and that interruptions in service may occur from time to time. We make every effort to ensure the excellence of our services but we cannot guarantee that the services will operate in an uninterrupted, smooth, secure or error-free manner. We, our affiliates, resellers, distributors and suppliers exclude all warranties and conditions of contract. You have all the mandatory warranties provided by law, but we make no other warranties. to the fullest extent permitted by applicable law, we exclude all mandatory implied warranties, including warranties of quality, fitness for a particular purpose, freedom from manufacturing defect and freedom from infringement.
11. Limitation of Liability
a. Check it Out S.A.S. shall not be responsible for Your Content, your pieces of content or other third party materials, including links to third party activities and websites provided by users. Such content and activities are not attributable to Check it Out S.A.S. and in no way represent the opinion of Check it Out S.A.S..
b. Check it Out S.A.S. shall be liable only for breach of essential obligations under the Agreement, or if required by applicable regulations.
c. Check it Out S.A.S., its vicarious agents and/or legal representatives shall not be liable for any incidental damages, including financial losses such as loss of profits, unless Check it Out S.A.S., its vicarious agents and/or legal representatives have at least committed gross negligence or intentional misconduct.
d. Any legal liability without fault of Check it Out S.A.S., including legal liability for breach of warranty, shall remain unaffected by the limitation of liability. The same shall apply to the liability of Check it Out S.A.S., its vicarious agents and/or its legal representatives for fraud or negligence resulting in personal injury or death.
e. Check it Out S.A.S. shall not be liable for any delay or failure to perform any of its obligations under these Terms due to circumstances beyond Check it Out S.A.S.’s control (such as labor disputes, natural disasters, war or acts of terrorism, malicious acts, accidents, or compliance with any applicable regulation or governmental ruling). Check it Out S.A.S. will endeavour to mitigate the effects of any such event and to fulfil obligations that are not affected.
12. Service Specific Conditions
The conditions set out before and after Article 13 apply generally to all Services. This section contains Service Specific Terms which supplement the General Terms. These Service specific terms and conditions will prevail in the event of any conflict with the general terms and conditions.
This section and sections 1, 9 (in respect of amounts due prior to the termination of these Terms), 10, 11, 12, 16, and those sections which by their terms apply, shall survive the termination or cancellation of these Terms. We are entitled to assign, transfer or otherwise dispose of our rights and obligations under these Terms, in whole or in part, at any time and without notice to you, provided that such assignment, transfer or use is not to your detriment. However, you may not assign, transfer or dispose of these Terms or any right to use the Services. These Terms constitute the entire agreement between you and Check it Out S.A.S. with respect to your use of the Services. They supersede any prior agreements between you and Check it Out S.A.S. regarding your use of the Services. All parts of these Terms apply to the fullest extent permitted by applicable law. If a court or arbitrator finds that we cannot enforce any provision of these Terms as written, it will be replaced with a provision that most closely matches the intent of the provision found to be unenforceable, but the remaining provisions of these Terms will not be affected. These Terms are entered into exclusively for the benefit of the parties hereto. They shall not inure to the benefit of any other person, except for the successors and assigns of Check it Out S.A.S.. The article headings are provided for reference purposes only.
14. Export regulations
You agree to comply with all applicable national and international export laws and regulations that apply to the pieces of software and/or the Services, including restrictions on end-users, end-uses and countries of destination.
15. Rights Reserved and Comments
Except as expressly permitted in these Terms, Check it Out S.A.S. does not grant you any license or other rights of any kind under any patent, know-how, copyright, trade secret, trademark or other intellectual property owned or controlled by Check it Out S.A.S. or any related entity, including but not limited to any name, trade dress, logo or the like. If you provide Check it Out S.A.S. with an idea, proposal, suggestion or comment, including, without limitation, ideas for new products, new technologies, new promotions, new product names, product feedback and proposals for product improvements (“Comments”), you grant Check it Out S.A.S., free of charge, without royalties or any other obligation to you, the right to make, cause to be made, create derivative works based on them, use them, share them and market them in any way and for any purpose. You will not provide any Comments that are subject to a license that requires Check it Out S.A.S. to license its software, technologies or documentation to any third party because Check it Out S.A.S. includes your Comments.
Notifications and claims of intellectual property rights infringement procedures. Check it Out S.A.S. makes every effort to respect the intellectual property rights of others. We recommend that you send claims of intellectual property rights infringement, including copyrights, to Check it Out S.A.S.’s designated representative or to firstname.lastname@example.org
If circumstances warrant, Check it Out S.A.S. may also disable or delete the accounts of users of the Check it Out S.A.S. Services who repeatedly violate regulations.
17. Trademark and copyright notices.
The Services are subject to Copyright © 2018-2021 Check it Out S.A.S. 12 Rue Anselme, 93400 Saint Ouen, France. All rights reserved. Check it Out S.A.S. and the names, logos and icons of all Check it Out S.A.S. products, pieces of software and services may also be trademarks or registered trademarks of Check it Out S.A.S. in France and/or in other countries. Actual product and company names mentioned herein may be trademarks of their respective owners. All rights not expressly granted in these Terms are reserved. Certain pieces of software used in certain Check it Out S.A.S. website servers are based in part on the work of the Independent JPEG Group (Copyright © 1991-1996 Thomas G. Lane) and may contain H.264/AVC, MPEG-4 and/or VC-1 codecs licensed from MPEG LA, L.L.C, all rights reserved.
18. Medical Warning
Check it Out S.A.S. does not offer medical or other health care advice, diagnosis or treatment. Always consult your physician or other qualified health care professional with any questions you may have regarding a health condition, diet or fitness/wellness program. You should never delay in seeking medical advice or disregard the advice of a health care professional because of information you obtain or access through the Services.
19. Covered Services
The following products, applications and services are covered by the Check it Out S.A.S. Service Agreement, but may not be available in your country.
20. Affiliated Signatory Entities (For Paid Services in Accordance with Article 10(b))
There are currently no affiliated signatory entities.
Check it Out S.A.S. is your signatory entity.