Effective Date: August 2015
This Service (defined below) is provided by Looky Loo, Inc., a Delaware corporation (“Looky Loo,” “Company,” “we,” “our,” or “us”) subject to the following terms and conditions (“Terms of Service”). By using the Service, you agree to these Terms of Service. Please read them carefully.
The Company reserves the right to update and change the Terms of Service from time to time without notice. Any new features added to the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service from a link on our homepage at http://www.hellolookyloo.com.
1. The Service.
“Service” means the Looky Loo mobile application (app) and other software, related websites, and any other Looky Loo branded or co-branded websites or mobile applications that link to or reference these Terms of Service, and any feature, media, or software that is part of such websites or mobile application(s).
2. Account Terms
(a) To access or use the Service, you affirm that you are more than 18 years of age, and are fully able and competent to enter into these Terms of Service. [Correct?]
(b) Accounts may be registered to humans and non-human legal entities, such as corporations, non-profits, trusts, and government agencies. Accounts registered by “bots” or other automated methods are not permitted.
(c) You must provide your Apple iTunes® account ID and password in order to download the Service, and any other information requested in order to complete the signup process.
(d) Your login may only be used by one person. A single login shared by multiple persons is not permitted.
(e) You are responsible for maintaining the security of your password and login credentials. Looky Loo cannot and will not be liable for any loss or damage to you from your failure to secure your password and login credentials. You must notify Looky Loo immediately at firstname.lastname@example.org of any unauthorized use of your account or any other breach of account security.
(f) You are responsible for all of Your Content Posted to the Service and any activity that occurs on the Service through your account. “Content” means any and all text, images, photos, audio, video, location data, hyperlinks, programs, and all other forms of data or communication in any media now known or hereafter devised. To “Post” means to post, submit, or transmit to, through, or in connection with the Service. “Your Content” means Content that you Post. “User Content” means Content that users of the Service Post and includes, without limitation, Your Content and Content Posted by other Service users.
(g) No user may maintain more than one free or trial account, if Looky Loo offers such accounts.
(h) You must not use the Service for any illegal or unauthorized purpose, or in any way that violates any laws of the United States, any laws in your local country/jurisdiction, or any international laws (including but not limited to copyright laws).
3. Cancellation and Termination
(a) You are solely responsible for properly canceling your account. You can cancel your account at any time by sending a request to cancel your Account to email@example.com.
(b) All of Your Content may be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
(c) Looky Loo, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Looky Loo service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of Your Content in your Account, provided that, however, you will retain all intellectual property rights in said Content pursuant to the terms of Sections 5 and 6 below. Looky Loo reserves the right to refuse service to anyone for any reason at any time.
4. Modifications to the Service and Prices
(a) Looky Loo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
(b) Looky Loo shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
5. Proprietary rights and grants.
(i) All Your Content Posted on the Service must comply with United States and international copyright law.
(ii) It is hereby understood and agreed that, except as explicitly provided in Section 6 below, all Content included in or made available through the Service is the property of Looky Loo or its content suppliers and is protected by United States and international copyright laws. The compilation of all content included in or made available through the Service is the exclusive property of Looky Loo and protected by U.S. and international copyright laws. Except as expressly provided herein, you do not acquire any interests in any Looky Loo copyrights or related rights.
(b) DMCA Notice
(i) Notifications of claimed copyright infringement (a “DMCA Notification”) must be submitted in writing to Looky Loo’s designated Copyright Agent for receiving such notifications.
By email: INFO@HELLOLOOKYLOO.COM
By mail: Looky Loo Inc.
ATTN: Copyright Agent / Chia-Lin Simmons
2081 Center Street #118
Berkeley, CA 94704
(ii) To be effective, a DMCA Notification must be a written communication and must include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (the “Complaining Party”).
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single DMCA Notification, a representative list of such works.
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Looky Loo to locate such material.
(4) Information reasonably sufficient to permit Looky Loo to contact the Complaining Party, such as an address, telephone number and if available, an email address at which the Complaining Party may be contacted.
(5) A statement, signed under penalty of perjury, that the information in the DMCA Notification is accurate, and that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(iii) Please be aware that this procedure is only for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice.
(iv) In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
(i) If you believe that Your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to Post and use the material in Your Content, you may sent a counter-notice containing the following information to the Copyright Agent:
(1) Your physical or electronic signature;
(2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
(3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
(4) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in the Northern District of California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
(ii) If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original Complaining Party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.
You hereby acknowledge and agree that any and all graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Service are trademarks or trade dress of Company in the U.S. and other countries. Such trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company. Any use of Looky Loo’s trademarks inures to the sole benefit of Looky Loo.
(e) License to You.
Subject to these Terms of Service, we grant you a limited, revocable, non-exclusive, non-transferable license to personal use of the Service, solely in object format as to any software and on the express condition that you accept and comply with each provision of these Terms of Service. We do not transfer title to the Service to you. This license does not include any resale of the Service.
You agree that: (i) you will not duplicate, copy, distribute, sell, resell, or make derivative works of the Service, or any portion of the Service, in any medium now known or hereafter devised without the prior written consent of Looky Loo; (ii) you will not alter, modify, use, or access the Service, or any portion of the Service, other than as may be reasonably necessary to use the Service for its intended purposes; (iii) you will not reverse engineer, decompile, disassemble, or try to access the Service’s source code; and (iv) you will otherwise act in accordance with these Terms of Service and in accordance with all applicable local, state, and federal laws. When the Service requires or includes downloadable software, such software may be offered under a separate license, and there may be provisions in that license that expressly override some of these terms.
We reserve all rights not expressly granted to you under these Terms of Service. We may modify or discontinue any feature or functionality of the Service, or suspend or terminate the Service altogether, at any time and for any reason.
(a) Ownership of Content.
Except as provided for in Section 6(b) below, we claim no intellectual property rights over Your Content that you Post to the Service. Your profile and Your Content remain yours. However, by setting your profile to be shared publicly or within the Service, you agree to allow others to view and share Your Content. You retain ownership of Your Content, but there are many things that users may do with your Content, such as copy it, modify it, re-share it, perform it, display it, or broadcast it. Looky Loo has no responsibility for such activity. You understand that publishing Your Content on the Service is not a substitute for registering it with the U.S. Copyright Office or making other similar intellectual property registrations. Please consider carefully what of Your Content you choose to share.
(b) License to Us.
You retain full ownership to Your Content, but you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, create derivative works of, publicly display, publicly perform, and distribute Your Content in all media now known or hereafter devised. We may modify or adapt Your Content in order to transmit, display, or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt Your Content to any requirements or limitations of any networks, devices, services, or media.
(c) Removing User Content.
Looky Loo does not pre-screen User Content, but Looky Loo has the right (but not the obligation) in its sole discretion to refuse or remove any User Content that is Posted to the Service, including, without limitation: (i) any User Content that we believe violates any of these Terms of Service; (ii) any User Content that contains any profanity, obscenities, indecencies, and/or is libelous, defamatory, or otherwise objectionable; (iii) any User Content that contains any threats of physical violence or damage to any person(s), place(s), or thing(s); and/or (iv) that violates any party’s or third-party’s intellectual property or these Terms of Service.
(d) User Responsibility for Content.
(i) You understand that you alone—not Looky Loo—are entirely responsible for all of Your Content that you Post to the Service.
(ii) You agree not to Post any Content that: (1) violates any applicable law or regulation; (2) is defamatory or trade libelous; (3) is incorrect, not truthful, threatening, harassing, stalking, vulgar, obscene, pornographic, profane, racially, ethnically, or sexually discriminatory in any way, or that otherwise violates any right of another; (4) encourages any conduct prohibited by these Terms of Service; (5) restricts or inhibits any other user from using the Service; (6) impersonates any person or entity, or directly or indirectly attempts to gain unauthorized access to any portion of the Service or any computer, software, or data of any person, organization, or entity that uses or accesses the Site; (7) provides or creates links to external sites that violate these Terms of Service; (8) is intended to harm, exploit, solicit, or collect personally identifiable information of any individual in any way; (9) invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information without their knowledge and willing consent or distributes or contains viruses or any other technologies that may harm the Service or any of its users; (10) is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to Post the material and to grant us all of the license rights granted herein; (11) contains or promotes an illegal or unauthorized copy of another person’s copyrighted work; (12) knowingly or negligently contains viruses or other computer programming defects; (13) directly or indirectly uses the Service for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process (“spam” or “spamming” means any attempt to use a mailing list for the purpose of sending to a person or persons an unsolicited message, including any advertisements); or (14) collects, aggregates, copies, harvests, duplicates, displays, or makes derivative use of the Service, or uses data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by us in writing. Notwithstanding the foregoing, we grant the operators of web search engines permission to copy materials from the Service for the sole purpose of creating publicly available searchable indices of the materials. We reserve the right to revoke these exceptions in specific cases.
(iii) Under no circumstance will Looky Loo be liable in any way for any of Your Content, including but not limited to, for any errors or omissions in Your Content, or for any loss or damage of any kind incurred as a result of Posting Your Content to the Service or your use of the Service.
(iv) You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, or objectionable.
7. General Conditions
(a) You must not modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Looky Loo, or any other Looky Loo service.
(b) The failure of Looky Loo to exercise or enforce any rights or provisions provided by these Terms of Service shall not constitute a waiver of such rights or provisions.
(c) You agree that the Company may terminate your access to and use of the Services if the Company reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service, or have violated the rights of the Company or any third party, or for any other reason, with or without notice to you.
8. No Warranty
(a) Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis, with all faults.
(b) Looky Loo does not warrant that: (i) the Service will meet your specific requirements or is fit for any particular purpose; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; (v) any errors in the Service will be corrected; or (vi) the Service will be available at any particular time or location. Looky Loo cannot ensure that any files or other data you download from the Service will be free of viruses, contamination, or destructive features. Looky Loo will not be liable for any loss of use, including any liability relating to loss of use, interruption of business, lost profits, or lost data.
(c) Looky Loo disclaims all warranties, express, implied, or statutory, including but not limited to any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose, and waives all warranties to the maximum extent permitted by applicable law. This waiver of warranties will not apply in states that do not permit the exclusion of implied warranties.
9. Limitation of Liability
(a) EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL LOOKY LOO BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF LOOKY LOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS OR ALTERATION OF, OR LOSS OR DESTRUCTION OF YOUR POSTED DATA AND/OR YOUR CONTENT; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE.
(b) LOOKY LOO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE. YOUR SOLE REMEDY AGAINST LOOKY LOO FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT. YOUR EXCLUSIVE REMEDY FOR ANY OTHER CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE (IF ANY) IN THE PREVIOUS TWELVE (12) MONTHS. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
(c) THE FORGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
10. Acceptable Use of the Service
(a) Looky Loo reserves the right to access, read, preserve, and disclose any of your personally identifiable information or Your Content as it reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; (v) provide the Services; and (vi) protect the rights, property or safety of Looky Loo, its users, and the public.
(b) We may, but have no obligation to, remove User Content and accounts containing User Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service, including but not limited to Section 6(d)(ii).
11. Third Party Services
(a) You understand that Looky Loo uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
(b) Third-party sites, ads, services, and offers linked to through the Service are not controlled by Looky Loo. We do not enforce or assume responsibility for these sites, ads, services, and offers. If you access a third-party site from the Service you do so at your own risk and understand that these Terms of Service do not apply to those sites. You release us from any liability arising from your use of those third-party sites.
(a) You agree to defend, indemnify, and hold harmless Looky Loo and its employees, contractors, agents, officers and directors, and licensee and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from your use of and access to the Service, including any data or Content transmitted or received by you, any other party’s access or use of the Service with your username and password, or your violation of these Terms of Service or any applicable law, rule, or regulation.
13. Entire Agreement
(a) These Terms, together with any written amendments and any additional written agreements you may enter into with Looky Loo in connection with the Service, constitute the entire agreement between you and Looky Loo concerning the Service, and supersede all prior agreements, writings, commitments, discussions, and understandings between them. You acknowledge and agree that no reliance is placed on any representation anywhere made that is not expressly contained in these Terms of Service.
(b) If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
14. Governing Law and Arbitration
(a) Governing Law. By using the Service, you agree that the laws of the state of California, without regard to its principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and the Company. For any claim brought by any party, you irrevocably consent and submit to the exclusive jurisdiction of the state courts located within Alameda County, California and/or the federal courts located in the Northern District of California (collectively, the “Alameda Courts”). Except for claims subject to binding arbitration, as provided in Section 14(c) below, venue for any claim brought by any party shall exclusively lie in the Alameda Courts.
(b) Election of Small Claims. You hereby agree that any dispute or claim that you bring against the Company arising out of or in connection with these Terms of Service shall only be adjudicated through binding arbitration, as provided in Section 14(c) below, or in the small claims court located in Alameda County, California (if your claim so qualifies). Accordingly, you acknowledge that you may not have access to a court other than a small claims court. If you elect to file a small claims court action or to seek arbitration, you must first send a written notice of your claim to the Company by Certified Mail and allow fifteen (15) days for the Company to respond before filing your claim. This notice must be addressed to: Agent for Service of Process – Looky Loo, Inc., c/o Paracorp Incorporated, 2140 S. Dupont Hwy, Camden, DE 19934.
(c) Arbitration. You and the Company acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in Section 14(a) with respect to applicable substantive law, this Section and any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16). Any dispute or claim relating in any way to your use of the Service, except for a dispute or claim submitted to small claims court pursuant to Section 14(b) above, shall be submitted to binding arbitration in Alameda County, California, provided that, however, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights, the Company may seek injunctive or other appropriate relief in any court, and you consent to exclusive jurisdiction and venue in such courts. You acknowledge that any use of the Service contrary to these Terms of Service, or any transfer, sublicensing, copying, or disclosure of technical information or materials related to the Service, may cause irreparable injury to the Company. Arbitration under these Terms of Service shall be conducted by ADR Services, Inc. in Alameda County, California under the then-existing Arbitration Rules of ADR Services, Inc. Looky Loo will promptly reimburse you for your payment of the filing fee, unless your claim is for more than the greater of either (i) Ten Thousand Dollars (US$10,000) or (ii) the amount you have paid to the Company in the two years preceding the date you file your arbitration claim, in which event you will be responsible for your filing fees. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which any award is based. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. The arbitrator’s award shall be final and binding, and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise, and any arbitration or trial by a judge of any claim will take place on an individual basis without resort to any form of class or representative action (a “Class Action Waiver”). Notwithstanding the foregoing, the validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator. The parties to this agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If the Class Action Waiver is limited, voided, or found unenforceable, then the parties’ agreement to arbitrate shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The Parties acknowledge and agree that under no circumstances will a class action be arbitrated.
By agreeing to binding arbitration, the parties irrevocably and voluntarily waive any right they may have to a trial by jury as permitted by law in respect to any claim. Furthermore, without intending in any way to limit this provision, to the extent that any claim is not arbitrated, the parties irrevocably and voluntarily waive any right they may have to a trial by jury to the extent permitted by law in respect to such claim. This waiver of jury trial shall remain in effect even if the Class Action Waiver is limited, voided, or found unenforceable. YOU AND LOOKY LOO AGREE AND UNDERSTAND THAT THE EFFECT OF THIS AGREEMENT IS THAT YOU AND LOOKY LOO ARE GIVING UP THE RIGHT TO TRIAL BY JURY TO THE EXTENT PERMITTED BY LAW. The laws of the State of California shall govern the interpretation, enforcement, and exercise of the arbitration provisions of these Terms of Service.
(d) Severability of Arbitration Provisions; Alternative Venue. If any court of competent jurisdiction decides that any terms provided in Sections 14(b) and 14(c) are invalid, illegal, or unenforceable, such terms shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms in this Agreement (including this Section 14(d)) shall remain in full force and effect. You hereby irrevocably consent and agree that, should any court of competent jurisdiction decide that arbitration of this agreement is illegal, unconscionable, or otherwise impermissible: (i) the Alameda Courts shall have exclusive jurisdiction over any claim brought by any party; and (ii) that venue for any claim brought by any party shall lie in the Alameda Courts.