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Terms & Conditions


Your relationship with capturengo

At capturengo, we want you to enjoy the time you spend using our service. In order to do this we need to establish a set of ground rules so that everything can work smoothly and allow us to optimize the user experience for all of our customers. As a result, we are going to clearly articulate our Terms of Service.

When you ("you," or the "User") use capturengo's services, products, and web site (collectively referred to in this document as the "Services"), you enter into a legal agreement with Capturengo, Inc. (also referred to as "Capturengo"). This page details the agreement and explains the terms of that agreement.

Unless we agree with you in writing that your individual terms and conditions are somehow different from the ones outlined in this document (henceforth called the "Terms"), you are bound by this document when using the Services..

When using the Services, the Terms form a legally binding agreement between you and capturengo. Take time to read them carefully.

capturengo maintains the right to change or replace the Terms at any time, at its sole discretion. You are responsible for checking and reviewing the Terms regularly to keep updated to any such changes.

Accepting the Terms
Before using the Services, you must accept the Terms, and you may not use the Services if you do not accept the Terms.

There are two ways to accept the Terms:

1. by accepting the Terms when capturengo makes this available to you (i.e. during user registration).

2. by using the Services in any capacity. When you start using the Services, capturengo will assume that you have accepted the Terms. Once you use the Services you are bound by the Terms until you terminate your relationship with Capturengo.

Provision of Services by capturengo
capturengo may change its Services or add new features in the future. By agreeing to the Terms, you acknowledge and agree that the form and nature of the Services may change without prior notice to you.

You acknowledge and agree that capturengo may suspend or discontinue, without prior notice to you and at the sole discretion of Capturengo, some or all of its Services, making the Services unavailable to you or other users. If Capturengo deems it necessary to discontinue the services it provides due to the highly unlikely event of the Company's closure, you will receive at least 7 days notice before your account is closed. You are not required to inform Capturengo if you stop using the Services, and may stop using the Services at any time.

You acknowledge and agree that if capturengo disables access to your account, you may not be able to use the Services or access your account details, files or other content that may be contained in your account.

capturengo has not set an upper limit on how many transmissions you may send or receive through the Services or how large the transmissions may be, but you agree that Capturengo can set these limits at any time, at Capturengo's sole discretion.
capturengo may remove any Content or user accounts at any time and for any reason at the sole discretion of Capturengo.

Use of the Services by You
In order to gain access to certain services, you may be required to give capturengo information about yourself. You agree that you will only provide us with information that is accurate, correct, and up to date.

You shall be required to register with capturengo and select a password and user name before being allowed to access the Service.

You agree to use the Service only for purposes that are permitted both by the Terms and by any applicable law, regulation, or generally accepted practices or guidelines in relevant local, national, and international jurisdictions.

You agree to only access (or try to access) and use the Services through interfaces provided by capturengo. You shall not access (or try to access) and use any of the Services through any automated means, including, but not limited to, scripts, robots, or web crawlers.

You shall not register for more than one user account. You shall not register for a user account on behalf of someone else or on behalf of a group, unless under a special business arrangement with capturengo made prior to the registrations.

You agree not to use or attempt to use another user's account.

You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your personal information, or your affiliations with any person or entity.

You shall not upload, post, transmit, store, or otherwise make available content that contains software viruses or any other computer code, files, or programs that could interrupt, destroy or limit the functionality of the computer software or hardware or telecommunications equipment of capturengo, its users or is affiliates.

You shall not upload, post, transmit, store, or otherwise make available content that is pornographic or otherwise explicit in nature. capturengo reserves the right to remove any and all explicit content at its sole discretion.

You agree that you will not submit any content containing information or materials relating to your or anyone else's medical conditions or care and from which an individual can be identified. You further agree to indemnify, defend, and hold harmless capturengo and its officers, directors, agents and, employees for any violation of the Health Insurance Portability and Accountability Act of 1996.

You agree not to reproduce, copy, sell, trade, or resell all or any part of the Service for any purpose, including merchandise and hardware sold through the Company.

You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences of any such breach. capturengo has no responsibility to you or to any third party for such breaches or the consequences of such breaches (including losses or damage that Capturengo may incur).

You agree to be responsible for keeping your passwords associated with your capturengo account secret and secure. Capturengo may be able to help you retrieve lost passwords, but may not be held responsible or liable if it cannot help locate or reset a lost password. You agree that you will be solely responsible for all activities that occur under your account, whether you are aware of them or not. If you become aware of any unauthorized use of your password or account, you agree to notify capturengo via e-mail to info@capturengo.com as soon as possible. You must be at least 18 years old to be allowed to register and use the Service. If you are not at least 18 years old, you shall not attempt to register.

Privacy and Personal Information
You agree to the use of your personal information and data in accordance with capturengo's privacy policy, which can be found here. The privacy policy explains how Capturengo handles and stores your personal information and protects your privacy. Please read this policy carefully.

Content in the Services
You acknowledge and understand that all information (including data files, e-mails, computer software, advertisements, sponsored content and others), which you may have access to when using the Service, are the sole responsibility of the entity from which such content originated. Such information will now be referred to as the "Content." You may come across Content when using the Service that may be protected by intellectual property rights owned by entities who provide that Content. You may not modify, rent, lease, loan, sell, distribute or create any derivative products or services (or parts of products or services) based on this Content. If you come across Content when using the Services that may be infringing a copyright, trademark, or patent claim, you agree to notify us of the potential infringement by e-mailing info@capturengo.com as soon as possible. capturengo reserves the right to pre-screen, review, filter, modify, flag, refuse, or remove any or all Content from any Service at any time, at the sole discretion of Capturengo.

You understand that when using the Service, you may come across material that you find objectionable, offensive or indecent and that you are using the Service at your own risk.

You agree that you are solely responsible any Content that you create, transmit or display when using the Service and are responsible for any consequences of such actions.

Proprietary Rights
You acknowledge and agree that capturengo is the sole proprietor of all legal rights and titles to the Service, including, but not limited to, any intellectual property rights associated with the Service. This ownership applies whether or not those rights are registered and wherever in the world the rights may exist.

You acknowledge and agree that some or all of the Content may be classified as confidential by capturengo and that you shall not disclose such information without expressed, written consent from Capturengo. capturengo acknowledges and agrees that it does not obtain rights, titles or interest from you on the Content that you submit, post, transmit, or otherwise make available.

You agree that you are responsible for making sure your rights regarding the Content are protected and enforced and that capturengo has no responsibility to protect or enforce them on your behalf. You shall not use any of capturengo's trade names, trademarks, service marks, logos, domain names and other distinctive brand features that are not in accordance with the Company's press guidelines. Questions regarding press guidelines should be directed to jnoble@capturengo.com. You shall not duplicate, change, create a derivative work of, reverse engineer, decompile, or attempt to obtain the source code of capturengo's software (in whole or in part). You shall not remove, obscure, or alter any proprietary rights notices that may be found attached to or as a part of some Content. License from capturengo. When abiding by the Terms, capturengo allows you to enjoy its services free of monetary charge for the first 30 days of your registration on an on-going basis, its services at a monthly or annual cost. This opportunity shall be referred to as the "License." The personal, worldwide, royalty-free, non-exclusive License is for the sole purpose of allowing you to use and benefit from the Service.

You shall not assign your rights (wholly or in part) to use the Service to another. You shall not agree to or allow another entity to have a security interest in or over your rights to use the Service, or otherwise transfer or trade any part of your rights to use the Service as detailed in the Terms. Content License from You. You will keep most copyright and other rights you may already hold in Content that you submit, post, or otherwise make available via the Service. capturengo maintains the perpetual, irrevocable, worldwide, and non-exclusive right to reproduce, modify, translate, publish, and distribute any Content that you make available via the Service. You acknowledge and agree that capturengo may make such Content available to other companies, organizations, individuals, and Users in accordance with capturengo's privacy policy. You understand that in order for capturengo to provide the Service to our users, Capturengo may transmit your Content over various public networks and in various media and may make changes to your Content to meet the technological requirements of such networks and media. Ending Your Relationship with capturengo. Terms will continue to apply until the user or capturengo terminates the relationship as explained below. To end your legal agreement with capturengo, you may send a written request of termination to Capturengo to info@capturengo.com.

capturengo may terminate its legal agreement with you under several circumstances:

1. If you have not adhered to any or all of the provisions in the Terms, or if it appears that you do not intend to or are unable to comply with the Terms. The decision of whether or not you intend to or are unable to comply will be solely at the discretion of capturengo.

2. If capturengo is required to by law.

3. If the partner that offered services to you in conjunction with capturengo has ended its relationship with Capturengo.

4. If the Service is no longer commercially viable for capturengo.

When the relationship between the User and capturengo ends, all the legal rights, obligations and liabilities enumerated in the Terms shall be unaffected by the cessation.

Service Limitations
You acknowledge, agree and understand that you use the Service (including downloading Content) at your own risk and that the Service is provided by capturengo "as is" and "as available" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. capturengo does not guarantee that the Service will meet your requirements or expectations, that your use of the service will be uninterrupted, timely, secure, or free from errors, that information obtained from the Service will be accurate or reliable or that defects in the software of the Service can or will be corrected. Any material downloaded or otherwise obtained when using the Service is obtained at your own risk. You will be solely responsible for any damage to your computer system or other device used to access the Service that happens as a result of the obtainment of any such Content.

Information and advice received from capturengo, its users, or its Content, whether oral or written, shall not constitute any warranty not expressed in the Terms.

Limitation of Liability
capturengo shall not be liable or responsible for any reliance you place on the completeness, accuracy, or existence of advertising or the outcomes of relationships and transactions you may have with advertisers.

capturengo shall not be liable or responsible for any changes Capturengo makes to its Service, for any permanent or temporary restrictions or cessations of the Service, or for any harm this may cause you.

capturengo shall not be liable or responsible for the loss or deletion of, corruption of, or failure to store any Content or other data transmitted by you or used in or maintained by the Service.

capturengo shall not be liable or responsible for your failure to provide correct, accurate, and up-to-date account information.

capturengo shall not be liable or responsible for your failure to keep your password and account information secure.

Other Content
The Service may include hyperlinks to other web sites, content or other resources.

capturengo is not responsible for the content or availability of these third-party resources. Capturengo does not necessarily endorse any advertising, products or other materials featured, or available on other web sites or resources.

Other Terms
You agree that capturengo may send you notices via e-mail, regular mail, or alerts within the Services. If it is decided in a court of law that one or several of the Terms are in violation of the law, those terms will be changed or deleted as appropriate, but the others will remain as unmodified Terms. The Terms, and your relationship with capturengo under the Terms, shall be governed by the laws of the State of Delaware.

You and capturengo agree to submit to the exclusive jurisdiction of the courts located in that state to resolve any legal matter arising from the Terms.

Trademarks
capturengo graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Capturengo in the U.S. and/or other countries. They may not be used in connection with any product or service that is likely to cause confusion.