The following terms and conditions govern all use of Lookscopeapp.com ("Lookscope") and all subdomains, mobile applications and all content, services and products available at or through the website ("Website") and Lookscope, Inc.
The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Lookscope's Privacy Policy) and procedures that may be published from time to time on this Site by Lookscope (collectively, the "Agreement").
By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Lookscope, acceptance is expressly limited to these terms.
The Website is not directed to individuals younger than 18 or those who cannot legally enter into a contract.
Account. If you create an account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. Lookscope may change or remove any account that it considers inappropriate or unlawful, or otherwise likely to cause Lookscope liability. You must immediately notify Lookscope of any unauthorized uses of your account or any other breaches of security. Lookscope 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.
User precautions. 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 may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website 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. Lookscope disclaims any responsibility for any harm resulting from the use by visitors of the Website.
Intellectual Property. This Agreement does not transfer from Lookscope to you any Lookscope or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Lookscope. Lookscope, Lookscopeapp.com, the Lookscopeapp.com logo, and all other trademarks, service marks, graphics and logos used in connection with Lookscopeapp.com, or the Website are trademarks or registered trademarks of Lookscope or Lookscope's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Lookscope or third-party trademarks. You are solely responsible for securing the proper permission for any third party content you import to the Website.
Amendments. We are constantly updating the Website, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication. Your continued use of Lookscope will be subject to the new Terms and indicates consent to the new Terms.
At-Will Termination. Lookscope may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Lookscopeapp.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website and content is provided "as is". Lookscope and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Lookscope nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will Lookscope, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any punitive, special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Lookscope under this agreement prior to the cause of action. Lookscope 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. This provision shall survive the termination of this Agreement.
General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Lookscope Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless Lookscope, 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 the Website, including but not limited to your violation of this Agreement.
Languages other than English. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
Notices. If you believe any of this Agreement violates your rights, please contact us at support@lookscopeapp.com.
Merger. This Agreement supersedes all prior agreements and understandings.
Miscellaneous. This Agreement constitutes the entire agreement between Lookscope, Inc. and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Lookscope, Inc., Inc. or by the posting by Lookscope, Inc. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Kings County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement that could not be resolved informally shall be finally settled by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA. The arbitration shall take place in Brooklyn, NY, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. 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; Lookscope, Inc. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- End of Document -