Terms and Conditions
INFORMATION WE COLLECT
When you use Facebook or any third party service to register for LOOKS or otherwise link your LOOKS account with a third party service (such as Facebook) we may collect certain information directly from those services such as your name, gender, profile photo and Facebook friends.
User Profile Information
When you join the LOOKS community, you can create a LOOKS profile and share fun facts about yourself. You can share as much or as little as you like. Your name is always a part of your profile. So please do not include any information that you do not want to associate with you. Do not include any sensitive or financial information.
AFFOA receives information from user’s devices, including IP address, web browser type, mobile operation system version, phone carrier and manufacturer, etc.
To help us understand how you use the LOOKS app and to help us improve it, we automatically receive information about your interactions with the LOOKS platform, like the dates and times you use the app.
We collect information through the use of “cookies”, tracking pixels, and similar technologies to understand how you navigate through the LOOKS platform. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the LOOKS platform. You should consult your browser to modify your cookie settings.
HOW WE USE THE INFORMATION WE COLLECT
We use the information we collect from all users to:
Provide, improve, and expand the LOOKS platform.
Personalize the LOOKS experience for you and any other LOOKS users.
To allow other LOOKS users to access the information you consent to sharing. All information included in your profile will be shared with other LOOKS users when they scan any item in your LOOKS shareables.
To provide information about the use of the LOOKS platform to current or potential partners in aggregated or de-identified form that can’t be reasonably used to identify you; and
Whenever you consent to sharing.
We may also share your information with third parties in the following ways:
If a government authority requests information and we think the disclosure is required or appropriate in order to comply with laws, regulations, or a legal process;
With law enforcement officials, government authorities, or third parties if we think doing so is necessary to protect the rights, property or safety of the LOOKS community, AFFOA or the public; and
To comply with a legal requirement or process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;
We are committed to protecting the data of the LOOKS community. Even though we take reasonable precautions to protect your data, no security measures can be 100% secure, and we do not guarantee the security of your data.
We’re thrilled you’ve decided to use the AFFOA LOOKS app (the “App”), and any products and services you access through the app, all of which we refer to simply as the “Services.”
We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. By using the Services, you agree to the Terms. We may modify these terms at any time and the changes will be effective when posted so be sure to return to this page periodically to ensure familiarity with the current version of these terms.
Rights we grant you
AFFOA (“AFFOA”, “we,” “our,” and/or “us”) grants you a personal, worldwide, royalty-free, nonassignable, nonexclusive, revocable and non-sublicenseable license to access the LOOKS app (the “App”) and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies allow.
We provide may automatically download and install upgrades and other new features to the App. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of the source code of that software, unless you have our written permission to do so.
Rights You Grant Us and Other Users
Our app lets you upload content to be shared with other users. When you do that, you retain whatever ownership rights in that content that you had to begin with. But you grant us and other users of our Services to use that content. You are responsible for anything you upload to our app.
By uploading content:
You warrant that you have the necessary rights, licenses, consents and/or permissions to reproduce and publish the content and that neither your uploading of the content nor the exercise of the licenses granted below will infringe or violate someone else’s rights of publicity, privacy, copyright, trademark or other intellectual-property right.
You grant us a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, relicense and otherwise use the content through our Services.
You grant to each user of the app a royalty-free non-exclusive license to access and use the uploaded content in connection with their use of the app for their own personal purposes.
Respect for Others
You may not use upload content that:
Bullies, harasses, intimidates or threatens others;
Demeans, defames, or promotes discrimination on the basis of race, ethnicity, national origin, religion, sexual orientation, gender, disability, or veteran status.
Solicits our users;
Discusses illegal activities with the intent to commit them;
Contains nudity or is profane, pornographic, obscene, indecent or unlawful;
Contains intentionally inaccurate information or that is posted with the intent of misleading others; or
Contains graphic violence, hate speech, or incitements to violence.
Although AFFOA reserves the right to review or remove any content uploaded through the app, we cannot —and do not— take responsibility for any content that others provide through the Services.
If you violate these Terms, we may terminate your account, or notify law enforcement. If your account is terminated for violating these Terms, you may not use the LOOKS app again. Please take these Terms seriously and honor them in the spirit in which they are intended. We will do our best to enforce them consistently and fairly, and ultimately we’ll try to do what we think is best in each situation.
By using the Services, you agree that:
You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
You will not probe, scan, or test the vulnerability of our Services or any system or network.
AFFOA honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if AFFOA becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please fill file a notice with our designated agent:
AFFOA\ Attn: Copyright Agent\ 12 Emily Street, Suite 2\ Cambridge, MA 02139
If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner.
identify the copyrighted work claimed to have been infringed.
identify 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 reasonably sufficient to let us locate the material.
provide your contact information, including your address, telephone number, and an email address.
provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless AFFOA Inc., our affiliates, directors, officers, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE AFFOA. ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
AFFOA. TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH AFFOA WILL BE RESPONSIBLE FOR.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFFOA AND OUR AFFILIATES< DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF AFFOA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL AFFOA’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID AFFOA, IF ANY, IN THE LAST 12 MONTHS.
Termination Rights. You agree that AFFOA may terminate your use of the App, for any reason or no reason, upon notice to you.
Waiver. If we do not enforce these Terms, it will not be a waiver of our rights.
Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
Choice of Law/Forum Selection. You agree that these Terms and any claim or dispute arising out of or relating to these Terms or any content or service obtained from or through the App will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Cambridge, Massachusetts, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).
Effective Date: August 8th, 2017