Legal · lookboox, LLC

Terms of Use

Last updated September 20, 2024

Contents

Section 01

Agreement to Terms

These Terms of Use ("Terms of Use") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "User") and lookboox, LLC ("Company", "we", "us", or "our"), concerning your access to and use of the lookboox mobile application and website as well as any other website, mobile application, product, software, service, program or network we offer related, linked, or otherwise connected thereto (collectively, the "Services").

You agree that by accessing the Services (including browsing www.lookboox.io), you have read, understood, and agree to be bound by all of these Terms of Use.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. The most current version of our Terms of Use will govern the terms applicable to you.

The Services are intended for users who are at least 13 years old.

Section 02

Intellectual Property Rights

Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website and mobile application designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content") and the trademarks, service marks, copyrights and logos contained therein (collectively, the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright, patent, trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

Provided that you are eligible to use the Services, you are granted a limited license to access and use the Services and to download or print a copy of any portion of the content to which you have properly gained access solely for the purpose of Lookboox Activities. We reserve all ownership and other rights not expressly granted to you in and to the Services, the Content and the Marks.

Section 03

Submissions to lookboox

All Users when submitting materials to produce a User's Lookboox ("Lookboox Materials") through the Services hereby attest that a User's Lookboox Materials do not violate the intellectual property rights of any third-party. In its sole and unfettered discretion, the Company reserves the right to examine the original Lookboox Materials and related source material to ensure compliance with these Terms of Use.

By submitting Lookboox Materials, you grant to the Company a limited, non-exclusive perpetual license to the Lookboox Materials, including, without limitation the right to publish, use, copy, produce, reproduce, alter, distribute, prepare derivative works of, display, publicly and otherwise exploit the Lookboox Materials and Lookboox for profit. Further, the Company reserves the right to use, reproduce, alter, and profit from all Lookboox Materials and Lookboox in any of its offerings and promotional items.

Section 04

DMCA Notice

We respect content owner rights and it is our policy to respond to alleged copyright infringement notices that comply with the U.S. Digital Millennium Copyright Act ("DMCA"). If you believe your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through our Services, please send us written notice that includes all of the following:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed, including applicable registration numbers;
  3. Identification of the material that is claimed to be infringing and where it is located on the Services, including URL(s);
  4. Information reasonably sufficient to permit us to contact you;
  5. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
  6. A statement, made under penalty of perjury, that the above information is accurate and that you are authorized to act on behalf of the copyright owner.

Submit your notice to: lookboox, LLC, P.O. Box 1130, Libertyville, Illinois 60048, Attn: DMCA Agent, or by email to Support@lookboox.io.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Section 05

User Representations and Safety

By using the Services, you represent and warrant that: (1) you have the legal capacity to comply with these Terms of Use; (2) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (3) you will not use the Services for any illegal or unauthorized purpose; and (4) your use of the Services will not violate any applicable law or regulation.

Section 06

Fees and Payment

We accept payment in the forms accepted by the respective App store terms. You may be required to purchase or pay a fee to access our Services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services.

We reserve the right to change prices at any time. All payments shall be in U.S. Dollars. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Services.

Section 07

Cancellation

All purchases are non-refundable. You can cancel your subscription to the Services at any time by logging into your account and following the instructions for cancellation provided. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our Services, please email us as provided in the Contact Us section of these Terms of Use.

Section 08

Software

We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our Services and in accordance with these Terms of Use.

Any software and any related documentation are provided "as is" without warranty of any kind, either express or implied. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms of Use.

Section 09

Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. As a User of the Services, you agree not to:

  1. Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without our express prior written consent.
  2. Make any unauthorized use of the Services, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Services.
  4. Engage in unauthorized framing of or linking to the Services.
  5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  6. Make improper use of our support services or submit false reports of abuse or misconduct.
  7. Engage in any automated use of the system, such as using scripts to send comments or messages.
  8. Interfere with, disrupt, or create an undue burden on the Services or the networks connected to the Services.
  9. Use any information obtained from the Services in order to harass, abuse, or harm another person.
  10. Use the Services as part of any effort to compete with us or otherwise misuse the Services.
  11. Decipher, decompile, disassemble, or reverse engineer any of the software comprising any part of the Services.
  12. Attempt to bypass any measures of the Services designed to prevent or restrict access.
  13. Harass, annoy, intimidate, or threaten any of our employees or agents.
  14. Delete the copyright, Marks or other proprietary rights notice from any content.
  15. Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  16. Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services.
  17. Upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including clear GIFs, 1×1 pixels, web bugs, cookies, or similar devices.
  18. Use, launch, develop, or distribute any automated system, including any spider, robot, cheat utility, scraper, or offline reader that accesses the Services without authorization.
  19. Disparage, tarnish, or otherwise harm us and/or the Services or any other User.
  20. Use the Services in violation of any applicable laws or regulations.
Section 10

Contribution License

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

Section 11

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all property and moral rights to any such Submissions, and you hereby warrant that any such Submissions are original to you or that you have the right to submit such Submissions.

Section 12

Management of Services

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Lookboox Materials or other contributions; (4) remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property.

Section 13

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy located here. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

Section 14

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Section 15

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available and operational at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.

Section 16

Governing Law

These Terms of Use shall be governed by and defined following the laws of Illinois, excluding choice-of-law principles that would permit the application of the laws of a jurisdiction other than such State. The Company and you irrevocably consent that the courts of Cook County, Illinois and the Northern District of Illinois shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

Section 17

Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any Dispute arising out of or in connection with these Terms of Use is subject to mandatory arbitration. User agrees to arbitrate any and all disputes arising out of or relating to any aspect of these Terms of Use and your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.

USER UNDERSTANDS AND AGREES THAT BY ENTERING INTO THESE TERMS OF USE, USER AND THE COMPANY EACH ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Any such arbitration shall be conducted in Chicago, Illinois or virtually, if agreed by the Parties, in accordance with the rules of the Arbitration Association of America ("AAA"). The decision and award of any such arbitrator shall be final, non-appealable and binding upon the Parties.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions: (a) any Disputes seeking to enforce or protect intellectual property rights; (b) any Dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

Section 18

Warranties

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.
Section 19

Indemnification

By submitting Lookboox Materials, each User agrees that it relinquishes its right, in perpetuity, to assert any claim against the Company and its indemnified parties with respect to the Company's use of the Lookboox Materials. User agrees, to the fullest extent permitted by law, to release, indemnify and hold the Company and its respective officers, directors, trustees, employees, partners, members, managers, agents, affiliates, representatives, guarantors, subsidiaries, predecessors, assigns, successors and heirs (collectively, the "Company's Indemnified Parties") harmless from any and all loss, damage, right, claim, action, expense, cost (including reasonable attorneys' fees) and liability of any kind brought or asserted by any third party.

Section 20

Limitations of Liability

IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, PARTNERS, MEMBERS, MANAGERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING OR ARISING FROM YOUR USE OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID TO THE COMPANY IN THE THREE MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Section 21

User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data and materials that you transmit or that relate to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of any such data and materials, and you hereby waive any right of action against us arising from any such loss or corruption.

Section 22

Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

Section 23

Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
Section 24

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or submit a complaint via the portal located here.

Section 25

Accessibility

The Company is committed to providing a website and mobile applications that are accessible and navigable to all consumers. To that end, we actively work to assess and increase the accessibility and usability of our website and app, using available standards and guidelines to assist in our efforts. We seek to comply with all applicable state and federal accessibility requirements as well as best practices in providing accessibility.

If you encounter any difficulty using our website or mobile applications, or have suggestions about improving usability or accessibility, please contact us using the contact information below.

Section 26

Force Majeure

The Company shall not be liable for losses, delays, failure, errors, interruption or loss of data occurring directly or indirectly by reason of circumstances beyond its reasonable control, including, without limitation, Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster); action or inaction of civil or military authority; acts of foreign enemies; war; terrorism; riot; insurrection; an EMP event; sabotage; pandemics; epidemics; labor disputes; civil commotion; or interruption, loss or malfunction of utilities, transportation, computer or communications capabilities (a "Force Majeure Event"). Any Force Majeure Event shall not preclude any payment obligations you have to the Company.

Section 27

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law.

We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use.

Section 28

Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

lookboox, LLC

P.O. Box 1130, Libertyville, Illinois 60048 — Attn: Support

Email: Support@lookboox.io