Important notice to user: please read this document carefully. This Terms of Service ("Agreement") is a legal agreement between you (referred to herein as "you" or "your") and Shoplook Inc. ("we", "our", or "us") for access to and use of our website available at https://www.shoplook.io (the "Website") and other related software, interactive features, or downloads operated by us and that are available through the Website (whether accessed directly or through any software application) (referred to collectively as the "Service" and excluding any services provided to you by us under a separate written agreement).
By accessing or using the service, you agree to be bound by the terms and conditions of this agreement, whether or not you are a registered user of our service. If any of these terms are unacceptable to you or in the event that any future changes are unacceptable to you, do not use the service. Your continued use of the service now, or following notice of any changes in this agreement, will indicate acceptance and agreement by you of such changes.
You represent that you have the legal authority to enter into this agreement and to be bound by its terms. If you are acting on behalf of a company or entity, you represent that you have the authority to bind such entity.
We are constantly improving the Service in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which we provide may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that we may decline to provide you access to the Service or stop (permanently or temporarily) providing the Service (or any features or programs or Content within the Service) to you or to users generally at our sole discretion, without liability or prior notice to you. You may stop using the Service at any time. You do not need to specifically inform us when you stop using the Service. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Service, your account details, or any files or other Content which is contained in your account. You acknowledge and agree that while we may not currently have set a fixed upper limit on the amount of storage space used for the provision of the Service, or the duration of time that we will store any information on your behalf, such fixed upper limits or temporal limits may be set by us at any time, in our sole discretion. Any new features that augment or enhance the current Service shall be subject to this Agreement.
Subject to your compliance with this Agreement, we hereby give you a personal, revocable, worldwide, non-assignable and non-exclusive right to access and use the Service for your personal use to allow you to express yourself and engage in parody as expressly permitted by the features of the Service. We also hereby grant you a limited, revocable, and non-exclusive right to create a hyperlink to our Website or subdomains thereof so long as the link does not portray us, our affiliates, or products or services provided by us or our affiliates in a false, misleading, derogatory, or otherwise offensive manner in our sole judgment. You may not assign (or grant a sub-license of) your rights to use the Service, grant a security interest in or over your rights to use the Service, or otherwise transfer any part of your rights to use the Service and any such attempt shall be null and void at the time of such attempt.
Your Password and Account Security. To use certain features and functionalities of the Service, you must create an account with us, and provide certain personal information about yourself to us. If you are under the age of thirteen (13), then you are not permitted to create an account or otherwise submit personal information to us. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service. You represent that you are capable of forming a legally binding contract according to the law applicable to you. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately at [email protected]
may be terminated by the company at any time, at its sole discretion, with or without prior notice.
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such information originated. All such information is referred to as "Content".
Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our copyright agent with the following information in a written notice: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and e-mail address; the following written statements by you: (i) "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)"; and (ii) "I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." Any notification by a copyright owner or a person authorized to act on such copyright owner's behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows:
1010 16th Street Unit 226
San Francisco, CA 94107
We reserve the right to change, amend and/or modify this Agreement, in whole or in part, at any time. From time to time, we may notify you of additional or different rules and policies relating to the Service. These rules and policies shall thereafter be part of this Agreement. If you use the Service after notice of changes in this Agreement or changed rules or policies, you are agreeing to follow and be bound by them for such use. If you object to any such changes, your sole recourse is to cease using the Service.
The service is provided to you on an "as is" and "as available" basis, without warranty or representation of any kind. To the fullest extent permitted by law, we expressly disclaim all warranties, whether express, implied, statutory or otherwise, including without limitation, any warranty of merchantability, title, non-infringement, quality, and/or fitness for a particular purpose. Without limiting the foregoing, we do not warrant the accuracy, reliability or completeness of any information provided by us in connection with your use of the service, or that the service, including, without limitation, any data, files, and/or other information stored on a server owned or under our control or in any way connected with the service, will meet your requirements or be available, uninterrupted, error-free, virus-free or secure. Some jurisdictions do not allow the exclusion of certain disclaimers or limitations of warranties, so the above exclusion may not apply to you. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any loss or damage to your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from the service shall create any warranty not expressly stated in the agreement. We take no responsibility and assume no liability for any content that you or any third party submits, posts or sends over the service. You are solely responsible for your content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your and other users' online distribution and publication of the content provided by you and them.
To the fullest extent permitted by law, in no event shall we, our affiliates, or any of their directors, members, managers, officers, employees, agents or third party licensors, be liable for any special, indirect, incidental, consequential, punitive or exemplary damages or losses arising out of or relating to this agreement and/or the service provided hereunder or any other interactions with us, even if we have been advised of the possibility of such damages. Such limitation of liability shall apply whether or not the damages arise directly or indirectly from: (i) the misuse of, or reliance upon, the service provided hereunder; (ii) the inability to use the service for any reason, including, without limitation, from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or any failure of performance not limited to acts of god, communication failure, theft, or destruction; (iii) the interruption, suspension, or termination of the service; or (iv) the deletion and/or corruption of any data, information, documents, files and/or any other materials stored on a server owned or under our control or in any way connected to the service. Such limitation on liability shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
Without limitation of the foregoing, total liability of us, our affiliates, or any of our directors, members, managers, officers, employees, or agents for any reason whatsoever related to use of the service or any claims relating to this agreement or any content shall not exceed the amount of fees, if any, paid by you to us during the past twelve months in connection with your access to the service (or, if we choose, to supply you with either access and use of the service again or one hundred dollars ($100)). NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
The Service is controlled and operated from facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. You may not use the Service if you are a resident of a country other than the United States. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
You agree to release, indemnify and hold harmless us, our affiliates, directors, members, officers, employees, agents and third party licensors, from and against any and all liabilities, losses, damages, claims and expenses, including attorneys' fees, with respect to (i) your misuse of the Service, (ii) your actual or alleged violation or breach of this Agreement or rights of another, and/or (iii) Content provided by you or through use of your account (including Content you create). You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service. For the avoidance of doubt, this section shall survive the termination of this Agreement.
If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
This Agreement is effective until terminated by us or you. We shall have the right to terminate this Agreement including, without limitation, your right to access and use the Service, at any time in our sole discretion and without advance notice to you. The licenses granted herein by us shall automatically terminate without advance notice if you fail to comply with any material provision of this Agreement. You may terminate this Agreement at any time by deleting your user account on the Service and discontinuing use of any and all parts of the Service. Upon termination of this Agreement for any reason, you shall immediately cease using the Service.
Governing Law; Venue for Disputes; Arbitration;
You agree to resolve any disputes related to this Agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Service at the terms designated, and that your assent is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.
You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without our prior written consent. Any such attempted assignment, sublicense, or transfer will be null and void and we, in our sole discretion, shall have the right to immediately terminate this Agreement.
You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on our Website, "push" mobile notification, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.
This Agreement sets forth the entire understanding and agreement between the parties relating to its subject matter. All provisions that should by their nature survive the termination of this Agreement shall survive the expiration of this Agreement including, but not limited to, the rights and licenses you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, no class action, and no trial by jury. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise. No vendor, distributor, dealer, retailer, agent, sales person, or other person is authorized by us to modify this agreement or to make any warranty, representation, or promise that is different than or in addition to the warranties, representations, or promises expressly set forth in this agreement.
Billing Policies: Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. Shoplook may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
No Refunds: You may cancel your Shoplook account at any time; however, there are no refunds for cancellation. In the event that Shoplook suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
Payment Information: All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred.
Last updated May 1, 2020.