TERMS OF SERVICE
LoomyApp is made applications available for mobile devices (collectively, the “Platform”). Please read the following terms of service (“Terms of Service”) carefully. These Terms of Service govern your access to and use of the Platform.
PLEASE BE AWARE THAT THE TERMS OF SERVICE CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, (1) IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION, (2) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (3) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF FOR DAMAGES IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
If you are outside the Republic of Ukraine you may have certain rights and remedies under local law that cannot be excluded or limited. If you are entitled by local law to non-excludable or non-limitable rights and remedies, those rights and remedies are not affected by these terms and these terms are to be read down to the extent (but only to the extent) of inconsistency with such rights and remedies. However, to the extent that any local law permits rights and remedies to be excluded or limited, these Terms of Service operate to exclude or limit those rights or remedies to the extent so permitted by applicable local law. By using any social network service (“SNS”) via the Platform you understand and agree that we, as an agent on your behalf, will access and store your SNS account information and content so that they are available to you through your use of the Platform and you give us permission to do so. You agree that any content that you submit to an SNS while using the Platform may be stored by us at your direction, although we do not undertake any obligations to maintain such submissions.
We are making the Platform and Our Content available to you for your information and personal use only. Subject to your compliance with the terms and conditions of these Terms of Service, we grant you a limited, non-exclusive, non-transferable license (without the right to sublicense) to access, use, view, download and print, where applicable, the Platform and Our Content solely for your own purposes. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the Platform or Our Content for any other purpose. You may not use the Platform to break the law, violate an individual's privacy, or infringe any person or entity’s intellectual property or any other proprietary rights.
YOU ACKNOWLEDGE AND AGREE THAT BY DOWNLOADING, ACCESSING OR USING THE PLATFORM OR ACCESSING ANY CONTENT THROUGH THE PLATFORM, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PLATFORM.
We reserve the right, in our sole discretion, to modify, discontinue or terminate the Platform or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on our website or within the Platform or otherwise provide you with notice of the modification and the modification will be reflected by a (last updated) date above. By continuing to access or use the Platform after we have posted a modification to these Terms of Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Platform.
The Platform is intended solely for persons who are 13 or older. Any access to or use of the Platform by anyone under 13 is expressly prohibited. By accessing or using the Platform you represent and warrant that you are 13 or older.
You represent and warrant that the information you provide to us upon the licensing of the Platform and at all other times will be true, accurate, current, and complete. To use the Platform, you will have log-in information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Platform and to preserve the confidentiality of your username and password, and any device that you use to access the Platform. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify us by e-mail to email@example.com. You will be solely responsible for the losses incurred by us and others due to any unauthorized use of your account.
CONTENT ON THE PLATFORM
Certain types of content are made available through the Platform. “Our Content” means, collectively, text, data, graphics, images, illustrations, forms and look and feel attributes, our trademarks and logos and other content made available through the Platform, including any technology or code making up the Platform, excluding User Content. “User Content” means the text, data, graphics, images, photos, video or audiovisual content and any other content uploaded, transmitted or submitted by you via the Platform. You retain full ownership to User Content and hereby provide us with a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sub-licensable, fully paid up, unrestricted license to reproduce, prepare derivative works, distribute copies, perform, publicly display, or otherwise use, modify, and exploit your User Content in any medium and for any purpose, including commercial purposes, and to authorize others to do so. “Others Content” means the text, data, graphics, images, photos, video or audiovisual content and any other content uploaded, transmitted or submitted by other users via the Platform. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Platform. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Platform. Use the Platform at your own risk. You may be able to access other websites through links from our Platform or use third party services, products, resources, content or information including Others Content (collectively, “Third Party Materials”) via the Platform. You acknowledge sole responsibility for and assume all risk arising from your access to or use of any such Third Party Materials and we disclaim any liability that you may incur arising from your access to or use of such Third Party Materials. You acknowledge and agree that we: (a) are not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) have no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (c) do not make any promises to remove Third Party Materials from being accessed through the Platform. Your ability to access or link to Third Party Materials or third party services (including any SNS) does not imply any endorsement by us of Third Party Materials or any such third party services.
We and our suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Platform and Our Content.
If you give feedback on the Platform, for example recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary, and implementation of that feedback is owned by us and may become part of the Platform without compensation to you. The Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All brand, product and service names used in the Platform or Our Content which identify us or our partners and/or their proprietary products and services are the trademarks or service marks of us or our partners. Nothing in the Platform shall be deemed to confer on any person any license or right on the part of us or such supplier with respect to any such image, logo or name.
By using the Platform or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Platform. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Platform or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at firstname.lastname@example.org.
NOTIFY US OF INFRINGERS
Please review our Copyright Policy at auth.inpreview.me/privacy.pdf and notify us in accordance with that policy if you believe that something displayed on our Platform violates your copyright.
Use of the platform is at your own risk. Тhe platform is provided on an (as is) and (as available) basis. e and our affiliates, suppliers and partners expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We and our affiliates, suppliers and partners make no warranty that (i) the platform will meet your requirements; (ii) the platform will be uninterrupted, timely, secure or error-free; or (iii) that there will be no errors in the platform or that we will fix any errors. Any materials obtained through use of the platform are obtained at your own discretion and risk and we shall not be responsible for any damage caused to your computer or data or for any bugs, viruses, trojan horses or other destructive code resulting from use of the platform or any content obtained from the platform. some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may also have other legal rights, which vary from state to state. We are not responsible for any disputes or disagreements between you and any third party you interact with using the platform. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release company of all claims, demands, and damages in disputes among users of the platform. You also agree not to involve us in such disputes. use caution and common sense when using the platform.
... LIMITATION OF LIABILITY
To the fullest extent permitted under law, we and our affiliates, suppliers and partners have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any direct, indirect, incidental, special, punitive, or consequential damages or liabilities (including, but not limited to, any loss of data, revenue, goodwill, or profit) arising from or related to your use of the platform or any content provided by or through the platform, even if we have been advised of the possibility of such damages in advance.
The foregoing limitation applies to damages arising from (i) your use or inability to use our platform; (ii) cost of procurement of substitute goods and platform resulting from any goods or services purchased through or from our platform; (iii) third party content made available to you through the platform; (iv) unauthorized access to or alteration of your transmissions or data; or (v) any other matter relating to the platform. Some states do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the above limitations may not apply to you. Notwithstanding anything to the contrary contained herein, our liability and the liability of each of our officers, directors, investors, employees, agents, advertisers, licensors, suppliers, service providers and other contractors to you or any third parties under any circumstance is limited to a collective maximum amount of $25.
You agree to defend, indemnify, and hold harmless us and our affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney's fees) arising from your use of the Platform, your connection to the Platform, your violation of these Terms of Service or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Platform.
TERMINATION AND SUSPENSION
We may terminate or suspend the Platform or any part of the Platform, terminate or suspend your use of the Platform, or block any IP address at any time without cause and without any liability to you. Further, we may terminate or suspend your permission to use the Platform immediately and without notice upon any violation of these Terms of Service, your failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. Upon any termination we may delete your account and passwords, and we may bar you from further use of the Platform. You agree that we will have no liability to you or any third party for termination of your account or access to the Platform. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms of Service and your use of the Platform.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. We may freely assign these Terms of Service. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
CLASS WAIVER, WAIVER OF JURY TRIAL, AND LAWSUIT TIME PERIOD
You also acknowledge and understand that to the fullest extent permitted by applicable law, with respect to any dispute with the us and/or our affiliates, suppliers, and partners arising out of or relating to your use of the Platform or these Terms of Service:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- OU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
APPLE DEVICE AND TERMS
In the event you are using the Platform in connection with a device provided by Apple Inc. (“Apple”) or an application obtained through the Apple App Store (collectively, such uses are henceforth the “Application”), the following shall apply:
both you and we acknowledge that these Terms of Service are concluded between you and us only, and not with Apple, and that Apple is not responsible for the Application, Our Content or User Content;
you will use the Application only in connection with an Apple device that you own or control;
you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
in the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
you acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to the Application;
you acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
you represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
both you and we acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use;
and both you and we acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Services, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary here of.