Term of Service

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The following terms and conditions (“TOS”) govern all use of the zoottle.com website (“Website”), the Zoottle Facebook & Twitter application (“App”) and all content, products and services available at or through the Website (“Services”). The Website and App are owned and operated by Zoottle IKE (“Zoottle”). You must be over 13 years old in order to use our Services. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by Zoottle.

Please read the TOS carefully before accessing our Services. By accessing or using any part of our Services, you agree to become bound by the TOS. If you do not agree to all the TOS, then you may not access or use any Services.

How to subscribe to Zoottle and use Wi-Fi

Zoottle offers you the possibility to use the free connectivity Wi-Fi offered by shops, cafes and other locations (“Operators”) by joining the network through authentication via one of the four following options that the Operator has selected:

Facebook login

You may use the Operator’s free Wi-Fi by logging-in on Facebook, allowing access to our Facebook App and “like” the Operator’s Facebook page. The user name and password that you use to access Facebook will also enable the access to the Operator’s free Wi-Fi. We will extract the following personal information available in your public profile of your Facebook account:

  • Your public profile
  • Your friends’ list
  • Your e-mail
  • Your birthday
  • Your hometown
  • Your “likes”

You consent to our access to and collection of such personal information about you.

We will also extract the number of your Facebook logins and check-ins at the Operator’s location. You consent to our access to this information as well.

Once you install our Facebook App in your Facebook Account or you “like” the Operator’s Facebook page, the above login procedure will not be repeated every time you login to the Operator’s free Wi-Fi.

You consent to receiving newsletters for marketing purposes by the Operator, its employees, independent contractors or agents. If you do not wish to receive newsletters, you may click the relevant checkbox during your registration.

If you login via Facebook, you are responsible for maintaining the security of your Facebook account and fully responsible for all activities that occur under this account and any other actions taken in connection with this account. You must immediately notify Zoottle of any unauthorized uses of your Facebook account or any other breaches of security. Zoottle will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Twitter login

You may use the Operator’s free Wi-Fi by logging-in on Twitter. The user name and password that you use to access Twitter will also enable the access to the Operator’s free Wi-Fi. As soon as you login via your Twitter account, you become a follower of the Operator’s Twitter account. You consent to our access to your account to perform this action. You authorize Zoottle to access your account and perform the following actions:

  • Read tweets from your timeline
  • Post tweets for you
  • See who you follow and follow new people
  • Update your profile

If you login via Twitter, you are responsible for maintaining the security of your Twitter account and fully responsible for all activities that occur under this account and any other actions taken in connection with this account. You must immediately notify Zoottle of any unauthorized uses of your Twitter account or any other breaches of security. Zoottle will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

E-mail login

You may use the Operator’s free Wi-Fi by providing us with your e-mail address. As soon as you provide us with your e-mail address, you will receive an e-mail confirmation from us. Please click on the link in this e-mail to verify your e-mail address. Registration of a user implies providing a valid e-mail address for the communication between Zoottle and the user. You consent to receiving newsletters for marketing purposes by the Operator, its employees, independent contractors or agents. If you do not wish to receive newsletters, you may click the relevant checkbox during your registration.

Password login

You may use the Operator’s free Wi-Fi by providing us with a password of your preference. You are responsible for maintaining the security of your Zoottle password. Users accessing the same Users’ access point in the Operator’s Wi-Fi within seven (7) days of their first login via any of the above options, are automatically logged in. Please note that this feature’s enablement is within each Operator’s discretion and may not be available for all your Zoottle logins.

Benefits of your subscription to Zoottle

Registered users are able to connect to the network by using free Wi-Fi offered by the Operators. By joining Zoottle, you may login via the four options described in par. 2 and gain access to free Wi-Fi without having to ask the Operator for a password. Being part of Zoottle also allows you to benefit from offers and promotions reserved for you.

Your responsibility

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. The Website and App may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website and App may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Zoottle disclaims any responsibility for any harm resulting from the use of the Website and App from third parties, or from any downloading by those third parties of content there posted. You are also responsible for any unauthorized use of the Services by third parties using your Facebook or Twitter account in your name. You are advised to keep strictly confidential your login information.

Relationship between Zoottle and the Operator

The free Wi-Fi is not in any way offered by Zoottle but exclusively and directly by the Operator. Zoottle’s activity is limited to the communication of the Operator’s and the Operator’s employees’, independent contractors’ and agents’ promotions and offers to you. Zoottle is not responsible for the accuracy, reliability and quality of the Operator’s, its employees’, independent contractors’ and agents’ promotions and offers.

Content posted on other websites

We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which zoottle.com links, and that link to zoottle.com. Zoottle does not have any control over those non-Zoottle websites or webpages and is not responsible for their contents of their use. By linking to a non-Zoottle website or webpage, Zoottle does not represent or imply that it endorses such website or webpage.

Zoottle’s rights

Zoottle has the right to: • Use your personal information available in your Facebook and Twitter account’s public profile -as described in paragraph 2 above- to offer real-time demographics to the Operators, their employees, independent contractors and agents regarding their customers. • Display advertisements and promotions on the Services in conjunction with your use of our Services.

Facebook Compliance

Zoottle is using a Facebook App as part of its Services. Zoottle is in compliance with Facebook terms and policies, including Facebook general legal terms, data use policy, platform policies and pages terms.

You consent to our use of your personal information as described in paragraph 2 in order to operate our Services. However, in compliance to Facebook terms and polices, Zoottle:

• Requests only the data it needs to operate its App

• Does not sell or transfer your data to third parties

• Does not use your data to create any advertising creative

• Does not use your data in any other context other than the one described in those TOS.

Twitter Compliance

Zoottle is using a Twitter App as part of its Services. By authorizing this App, you continue to operate under Twitter’s terms and policies. Zoottle is in compliance with Twitter’s terms and policies.

Free usage

Access, registration and usage of the Website and App are free.

Disclaimer of warranties

The Services are provided “as is”. Zoottle disclaims all warranties of any kind, express or implied, including without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. To the fullest extent permitted by law, Zoottle disclaims any warranties for viruses and other harmful components in connection with our Services.

Limitation of liability

In no event will Zoottle be liable with respect to any subject matter of the TOS under any contract, negligence, strict liability or other legal or equitable theory for (i) any special, incidental or consequential damages resulting from the use of the Website and App and/or (ii) for interruption of use or loss or corruption of data. Zoottle shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless Zoottle, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of the TOS.

Copyright infringement

As Zoottle asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Zoottle violates your copyright, you are encouraged to notify Zoottle. Zoottle will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Zoottle will terminate a visitor’s access to and use of the Website and App if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Zoottle or others.

Intellectual property

The TOS do not transfer from Zoottle to you any Zoottle or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Zoottle. Zoottle, the Zoottle logo, and all other trademarks, service marks, graphics and logos used in connection with the Website and the App are trademarks of Zoottle or Zoottle’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and App may be the trademarks of other third parties. Your use of the Website and App grants you no right or license to reproduce or otherwise use any Zoottle or third-party trademarks.

Modifications

Zoottle reserves the right, at its sole discretion, to modify or replace any part of the TOS. It is your responsibility to check the TOS periodically for changes. Your continued use of or access to the Website and App following the posting of any changes to the TOS constitutes acceptance of those changes. Zoottle may also, in the future offer new services and / or features through the Website and App. Such new features and/or services shall be subject to the TOS.

Termination

You may remain registered with the Wi-Fi indefinitely so long as Zoottle or the Operator provides the Services or the Wi-Fi for free. You have the right to terminate our Services at any time by just disabling the Zoottle-enabled applications on your computer or your mobile device. Zoottle may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. Notwithstanding the foregoing, Zoottle can terminate your access of our Services if you materially breach the TOS and fail to cure within thirty (30) days from Zoottle’s notice to you thereof; provided that, Zoottle can terminate the Website and App immediately as part of a general shut down of our Services. All provisions of the TOS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Applicable Law

The present TOS are in conformity with Greek law. The country of the user and/or the country of the member with whom he or she is dealing with may have applicable laws in regard to their transactions with other users that may be independent of the agreements made with Zoottle in the TOS, or with the user later on. All litigation with regards to the validity, interpretation, or execution of the present TOS will be governed by the laws of Greece. The proper venue for any disputes arising out of or relating to any of the same will be the Courts located in Athens, Greece.

Mediation/Arbitration

Any dispute, controversy or claim arising out of or relating to those TOS, or the breach, termination or invalidity thereof shall be resolved first by mediation by a single mediator in Athens, Greece in accordance with provisions of L. 3898/2010 and the rules and procedures of the Hellenic Center of Mediation and Arbitration in Athens, Greece. If the dispute does not settle at mediation, it shall be resolved by arbitration in Athens, Greece in accordance with the provisions of International Chamber of Commerce. There shall be 3 arbitrators, one to be appointed by the claimant and/or claimants and one to be appointed by the respondent and/or respondents and the third to be appointed by the common agreement of the two arbitrators selected by the parties. In the event of a failure to agree on the appointment of arbitrators, the appointing authority shall be the International Chamber of Commerce. Where such rules do not provide for a particular situation the arbitral tribunal shall, in its absolute discretion, determine what cause of action should be followed and the decision of the arbitral tribunal shall be final and binding on the parties to arbitration. The English language shall be used throughout the arbitral proceedings. The parties waive their right to any form of appeal or recourse from such arbitral proceedings to a court of law or other judicial authority.

Miscellaneous

• This Agreement constitutes the entire agreement between Zoottle and you concerning the subject matter hereof.

• If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

• A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

• You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions.

• This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

• For any questions you might have regarding this Agreement you may contact us at hi@zoottle.com.

Last Update: July 10, 2014