1. OVERVIEW
The terms “we,” “us,” and “our” refer to our site and services at LooksyouLove.com & LookuLove.com. The terms “user,” “you,” and “your” refer to site visitors, customers, Influencers, and any other users of the site.
By visiting LooksYouLove.com, LooksULove.com, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them. If you do not agree to this Agreement, do not register, visit, access, download or use our Services. You can terminate this Agreement at any time by closing your account and no longer visiting, accessing or using our Services.
These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and LooksYouLove.com/LooksuLove.com.
2. USE OF SITE AND ACCESS TO OUR SERVICES
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Information provided on the Site and in the Service related to our plugins, and various products, Links, and other information are subject to change. Looksyoulove.com, Looksulove.com makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Looksyoulove.com, Looksulove.com disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your posts or Links require and to meet applicable legal requirements in the applicable jurisdiction(s).
Our Services allow You to shop the “looks you Love” from thousands of Influencers (individuals and entities with websites, blogs, social media presence, agents or agencies, digital publishers, and other content platforms). You can use our Services to shop your favorite Influencers from their posts, screenshots, and suggested content as well as the Links they provide on their posts. Our Services create technological and commercial relationships between third-party retailers, advertisers, and other businesses (“Merchants”), individuals and entities with websites, blogs, social media presence, agents or agencies, digital publishers, and other content platforms (“Influencers”) and consumers.
3. YOUR ACCOUNT
You may be required to create an account with LooksYouLove.com/LooksuLove.com to use some of our Services. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use LooksyouLove.com/LooksuLove.com or our Services.
It’s prohibited to use false information or impersonate another person or company through your account. You are solely responsible for maintaining the confidentiality of your username and password. You may not authorize others to use your account, and you may not share, assign or otherwise transfer your account or login information to any other person or entity.
LooksyouLove.com/LooksuLove.com shall be entitled to assume that a user presenting your username and password is, in fact, you and so you are responsible for any and all activities that are conducted through your account.
4. YOUR CONTENTS
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like postings, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
a. LICENSE TO USE YOUR CONTENT
By posting Your Content, you grant LooksyouLove.com/LooksuLove.com a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services in general, in any formats and through any channels, including our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
b. INAPPROPRIATE CONTENTS
You may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
c. DISCLAIMER
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, LooksyouLove.com / LooksuLove.com IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IFLooksyouLove.com / LooksuLove.com HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICES, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, LooksyouLove.com/LooksuLove.com’ TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID TO USE THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
5. TERMINATION
Termination By You: You may terminate your account with LooksyouLove.com / LooksuLove.com at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination.
Termination By Us: We may terminate or suspend your account and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. Generally, LooksyouLove.com/LooksuLove.com will notify you that your account has been terminated or suspended unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
6. LINKS TO OTHER PLATFORMS; SERVICES
The Site and the Service contain links to third-party sites, networks, platforms, or apps, including advertisers and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with LooksyouLove.com/LooksuLove.com. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
7. ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
8. INTELLECTUAL PROPERTY RIGHTS
The Site and Service contain intellectual property owned by LooksyouLove.com / LooksuLove.com, including trademarks, copyrights, proprietary information, and other intellectual property, and are protected by law from unauthorized use. We only provide you a limited license to use our Services per this Agreement. You do not acquire any ownership rights by using our Services.
All other trademarks appearing on the Services are the property of their respective owners. You do not acquire any ownership rights by using the Services or downloading material from or uploading material to the Services. You agree not to (and shall not allow any third party to) reproduce, distribute, publish, prepare derivative works, publicly perform, publicly display, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer or exploit any right in the Services, in whole or in part, except as expressly permitted herein.
9. WARRANTIES AND LIMITATION OF LIABILITY
Our Services may contain links to third-party websites or services that we don’t own or control. You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. LooksyouLove.com/LooksuLove.com is not a party to those agreements; they are solely between you and the third party.
10. INDEMNIFICATION
You agree to defend and indemnify us. That means you’ll defend LooksyouLove.com / LooksuLove.com (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, the materials the service contain, any sites or applications linked to services, any alleged violation of the agreement, any alleged violation of the rights of a third party or you or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
11. GOVERNING LAWS; VENUE; RESOLUTION; MEDIATIONS
If there is ever a legal dispute between us, then we agree to resolve it in Alameda County, California using Laws in the State of California. The laws of the state of California, without application of conflict of law provisions, will apply to any disputes arising out of or relating to this Agreement or the Services. All claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the federal or state courts of Alameda County, California. The Agreement is fully performable in Alameda County, California. The parties consent to personal jurisdiction in Alameda County, California, and hereby waive any challenge to venue and personal jurisdiction they may have to a lawsuit filed in a state or federal court in Alameda County, California. You agree to raise any dispute within 2 years and waive your right to join a class action against LooksyouLove.com/LooksuLove.com. Any dispute must be raised within two (2) years after the date the cause of action arose. Failure to provide the written documentation within this timeframe will render all claims related to the dispute null and void. You further agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against us.
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
12. CHANGES TO THE TERMS
We may update these Terms from time to time. If we believe that the changes are material, we’ll let you know by posting the changes through the Services and/or maybe sending you an email about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
13. CONTACT INFORMATION
If you have any questions about the Terms, please email us at legal@LooksuLove.com.
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