Last modified March 27, 2017
You’re reading Lookatech’s Terms of Service. These General Terms of Service apply to you, a User of look8.me website and/or of the LOOK8 mobile app (“Services”), and constitute a binding agreement (“Agreement”) between you and Lookatech AB (“Lookatech”).
Lookatech reserves the right, in its sole discretion, to modify or change this Agreement at any time by posting a revised Agreement to the Site with an updated date. You are responsible for reviewing and becoming familiar with any modifications to this Agreement. Modifications are effective when posted, and your (continued) use of the Services following any such posted modification constitutes your acceptance of the terms and conditions of this Agreement as modified.
No individual under the age of thirteen (12) may use the Services or provide any information to Lookatech or otherwise through the Services. You otherwise may only use the Services if you can form a binding contract with Lookatech and are not legally prohibited from using the Services.
The Services change frequently, and their form and functionality may change without notice or liability to you. Lookatech retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Lookatech may also impose limits on certain aspects of the Services or restrict your access to parts or all of the Services without notice or liability. Lookatech may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). Lookatech may also suspend Accounts (as defined below) at any time, in its sole discretion.
You may not do any of the following while accessing or using the Services: (a) access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of Lookatech and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by LOOK8 APP or look8.me (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Lookatech; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services, without Lookatech’s express prior written consent; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or email headers; or (f) interfere with, or disrupt (or attempt to do so), the access of any User, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
For purposes of this Agreement: (1) the term “Content” means a creative expression and includes, without limitation, video, audio, still or moving photographs, images, illustrations, animations, logos, tools, written posts, replies and comments, information, data, text, software, scripts, executable files, and graphics, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term “User Content” is all Content that is posted or otherwise provided or transferred to the Services by a registered User (including, without limitation, by you); and Content also includes, without limitation, all User Content.
Registered Users retain ownership of all intellectual property rights in their User Content. Other than the licenses granted in these Terms, you retain ownership of any intellectual property you post to LOOK8. Other than User Content, we own or license all right, title, and interest in and to (a) the Services, including all software, text, media, and other Content; and (b) the Content, including our trademarks, logos, and brand elements.
Unless your content is hidden or distributed to a Private Channel (as described below), you hereby grant Lookatech a perpetual, royalty-free, worldwide, irrevocable, transferable, non-exclusive right and license to copy, use, host, store, cache, reproduce, distribute, disclose, display (publicly or otherwise), and perform (publicly or otherwise) your Content in connection with delivering and promoting the App Service in any and all formats and platforms, including making Content publicly available on web sites controlled by Lookatech and for other marketing purposes. You agree that Lookatech may make minor modifications to the Content to meet platform and other technical requirements.
You agree that this license includes the right for Lookatech to make all publicly posted Content available to third parties selected by Lookatech, so that those third parties can distribute and/or analyse such Content on other media and services. This license continues even if you stop using the Services, primarily because of the social nature of Content shared through the Services — when you post something publicly, others may choose to comment on it, making your Content part of a social conversation that cannot later be erased without retroactively censoring the speech of others. You agree that you will respect the intellectual property rights of others, and represent and warrant to us that you own or otherwise have all of the necessary rights to grant us this license for all User Content you submit to the Services and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
By using LOOK8 to broadcast a video, you grant to Lookatech the absolute, perpetual and worldwide right and permission to record and make use of your picture, likeness, image, and any other visible aspect of your identity in any manner or media and for any purpose whatsoever, including promotion of the Services. You hereby waive, discharge and release Lookatech from any and all rights, liabilities, claims and causes of action whatsoever which you may now or hereafter be entitled to assert against Lookatech in connection therewith.
Any User Content set to Hidden state is accessible and visible solely to the Content Owner. All User Content distributed to a Private Channel is accessible and visible exclusively to the Members and Followers thereof and not subject to sharing.
All other Content is considered public/non-private.
Private Channel Members and Followers are approved by the Channel’s Host.
Except as otherwise expressly set forth in any Channel Rules, by the act of broadcasting a public (non-private) video, or submitting comments, reviews, ideas or feedback through a channel, you hereby grant to Lookatech and the respective channel’s host an irrevocable, fully paid-up, royalty free, perpetual, worldwide exclusive right and license to reproduce, distribute, transmit, publicly display and perform, modify, create derivative works of, synchronize, broadcast and generally use any such content (or parts thereof).
As a registered User of the Services, Lookatech grants you a worldwide, non-exclusive, non-sub licensable, and non-transferable license to store, view, display, perform and redistribute non-private Content made available on the Services, solely in connection with your use of, and in accordance with the functionality and restrictions of, the Services.
Lookatech welcomes and appreciates feedback and suggestions about your experience using the Services and ways to improve them. You understand that we might not respond to or implement feedback or suggestions, but if we do, you understand and agree that Lookatech may use all or any portion thereof in its sole discretion without notification or compensation to you. You hereby grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free license to use, modify and disclose any feedback you submit to us for any purpose. You may provide us with feedback using the contact information below.
You hereby represent, warrant and agree not to (a) take any action or (b) broadcast, post, comment or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service, message board, directory, survey, feedback or other service available on or through the app or Site or the services offered on the Site, that:
• is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, profane or which in any way promotes or facilitates any such activity;
• is or promotes racism, bigotry, terrorism, or any hatred or physical harm of any kind against any group, individual or animal;
• infringes, violates or misappropriates any patent, trademark, trade secret, copyright, right of publicity or other right of any party, or otherwise promotes or facilitates any such activity;
• is in violation of any applicable local, state, national and international laws and regulations, or otherwise promotes or facilitates any such activity; • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"), chain letters or any form of lottery or gambling, or which in any way promotes or facilitates any such activity;
• solicits passwords, financial or any other personal identifying information from End Users, or otherwise promotes or facilitates any such activity;
• imposes an unreasonable or disproportionately large load on any Lookatech computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise, or which in any way promotes or facilitates any such activity;
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Lookatech or any third party, or which in any way promotes or facilitates any such activity;
• harvests or collects any information from the Site or End Users (other than information directly related to End User's own Transactions), or which in any way promotes or facilitates any such activity;
• impersonates any person or entity, including any employee or representative of Lookatech, or which in any way promotes or facilitates any such activity;
• constitutes any improper or inappropriate (in Lookatech's sole determination) communication or attempted communication with a minor; or
• provides any of the following information: your or any other person's (a) home or business address, (b) credit card numbers, (c) personal or social security card numbers, or (d) telephone numbers
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses, or which in any way promotes or facilitates any such activity
Further, you represent and warrant that you will only use the Services for your own personal or internal business purposes and not for the purpose of commercializing or monetizing the Services, without the express written consent of Lookatech.
On termination of your Account or upon your deletion of particular pieces of User Content from the Services, Lookatech shall make reasonable efforts to make such User Content inaccessible; however, you acknowledge and agree that: (a) caching of, copies of, or references to the User Content may not be immediately removed; (b) such removed User Content may persist in backups (not available to others); and (c) such removed User Content may be available (and stored on our servers) through the accounts of other Users.
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, LOOKATECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. Lookatech makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, service or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Lookatech also makes no representations or warranties of any kind with respect to Content; User Content, in particular, is provided by and is solely the responsibility of, the Users providing that Content. No advice or information, whether oral or written, obtained from Lookatech or through the Services, will create any warranty not expressly made herein.
You release, to the fullest extent permitted by law, Lookatech, its affiliates, and its and their respective directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any of the following: Disputes between User, including those between you and other User. Third party sites and services, including content found on such sites and services. Disputes concerning any use of or action taken using your Account by you or a third party. Claims relating to the unauthorized access to any data communications or Content stored under or relating to your Account, including unauthorized use or alteration of such communications or your Content. Claims relating to in any way to any face-to-face meetings in any way related to LOOK8 in the real world, including without limitation claims related to the actions or omissions of any User or third parties who organize, attend, or are otherwise involved in the real world. Lookatech does not sponsor, oversee, or in any manner control the real world.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOOKATECH, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR User USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT LOOKATECH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF LOOKATECH AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth above, so the limitations above may not apply to you.
Either party may terminate this Agreement at any time by notifying the other party. Lookatech may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Lookatech may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement. Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, our license to User Content you have provided, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Lookatech or any third party.
You and Lookatech agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with Section 16 or as you and Lookatech otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution.
This Agreement, as modified from time to time, constitutes the entire agreement between you and Lookatech with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sub licensable by you except with Lookatech’s prior written consent. Lookatech may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Lookatech in any respect whatsoever. Any notice to you that is required or permitted by this Agreement may be given via email to the email address you provide when you register for an Account, or any other email address that our records indicate is associated with your Account. Any notice to Lookatech that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Lookatech AB, Götgatan 31, 11621 Stockholm, Sweden. Attn: Legal Department.
Lookatech provides global products and services and enables a global community for individuals to share and follow the things they love. Lookatech’s operations are, however, located in Sweden, and Lookatech’s policies and procedures are based on Swedish law. As such, the following provision apply specifically to Users located outside of Sweden: That you consent to the transfer, storage, and processing of your information, including but not limited to User Content and any personal information, to and in Sweden and/or other countries.
a. Reporting Instances of Copyright Infringement If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below: Identification of the work or material being infringed. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Lookatech is capable of finding it and verifying its existence. Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number and e-mail address. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed. After removing material pursuant to a valid DMCA notice, Lookatech will immediately notify the User responsible for the allegedly infringing material that it has removed or disabled access to the material. Lookatech reserves the right, in its sole discretion, to immediately terminate the account of any User who is the subject of repeated DMCA notifications. b. Submitting a DMCA Counter-Notification If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Lookatech by providing the following information to the Designated Agent at the address below: The specific material that Lookatech has removed or to which Lookatech has disabled access. Your name, address, telephone number, and e-mail address. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.” Your signature. Upon receipt of a valid counter-notification, Lookatech will forward it to the Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Lookatech does not receive any such notification within ten (10) days, we may restore the material to the Services.
If you have any questions or concerns regarding privacy using the Services, please contact us at: Lookatech AB Götgatan 31 11621 Stockholm, Sweden firstname.lastname@example.org