Terms and Conditions
Date of Last Revision: March 11, 2019
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “SRR”) derives from the Look@ Principles, and is our terms of service that governs our relationship with users and others who interact with Look@, as well as Look@ brands, products and services, which we call the “Look@ Services” or “Services”. By using or accessing the Look@ Services, you agree to this Statement, as updated from time to time in accordance with Section 13 below. Additionally, you will find resources at the end of this document that help you understand how Look@ works.
Because Look@ provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.
Your privacy is very important to us. We designed our Data Policy to make important disclosures about how you can use Look@ to share with others and how we collect and can use your content and information. We encourage you to read the Data Policy, and to use it to help you make informed decisions.
1. Sharing Your Content and Information
You own all of the content and information you post on Look@, and you can control how it is shared through your privacy and application settings. In addition:
1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Look@ (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Policy and Platform Page.)
4. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Look@, to access and use that information, and to associate it with you (i.e., your name and profile picture).
5. We always appreciate your feedback or other suggestions about Look@, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Look@ safe, but we cannot guarantee it. We need your help to keep Look@ safe, which includes the following commitments by you:
1. You will not post unauthorized commercial communications (such as spam) on Look@.
2. You will not collect users’ content or information, or otherwise access Look@, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Look@.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
9. You will not use Look@ to do anything unlawful, misleading, malicious, or discriminatory.
10. You will not do anything that could disable, overburden, or impair the proper working or appearance of Look@, such as a denial of service attack or interference with page rendering or other Look@ functionality.
11. You will not facilitate or encourage any violations of this Statement or our policies.
3. Registration and Account Security
Look@ users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on Look@, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal account.
3. If we disable your account, you will not create another one without our permission.
4. You will not use your personal timeline primarily for your own commercial gain, and will use a Look@ Page for such purposes.
5. You will not use Look@ if you are under 13.
6. You will not use Look@ if you are a convicted sex offender.
7. You will keep your contact information accurate and up-to-date.
8. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
9. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
10. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
4. Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
1. You will not post content or take any action on Look@ that infringes or violates someone else’s rights or otherwise violates the law.
2. We can remove any content or information you post on Look@ if we believe that it violates this Statement or our policies, including our Community Standards, or where we are permitted or required to do so by law.
3. We provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
4. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
5. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
6. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
8. You will not post anyone’s identification documents or sensitive financial information on Look@.
9. You will not tag users or send email invitations to non-users without their consent. Look@ offers social reporting tools to enable users to provide feedback about tagging.
10. You will not take pictures of someone if that person didn’t give you their consent.
5. Mobile and Other Devices
1. We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
2. In the event you change or deactivate your mobile telephone number, you will update your account information on Look@ within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
3. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Look@.
If you make a payment on Look@, you agree to our Payments Terms unless it is stated that other terms apply.
7. Special Provisions Applicable to Developers/Operators of Applications and Websites
If you are a developer or operator of a Platform application or website or if you use Social Plugins, you must contact us to make an arrangement.
8. About Advertisements and Other Commercial Content Served or Enhanced by Look@
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
1. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.
2. We do not give your content or information to advertisers without your consent.
9. Special Provisions Applicable to Software
1. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
Unless otherwise required by law, we’ll notify you (for example, by email or through the Service) before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services. Changes to this Statement shall become effective 30 days after we provide notice of planned changes. Your continued use of the Look@ Services, following the notice period of the planned changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms. If, however, you do not wish to continue using Look@, you may temporarily deactivate or permanently delete your account at any time.. If you decide to permanently delete your account, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, and 14-18.
We can stop providing all or part of Look@ to you immediately if, in our sole discretion, you clearly, seriously or repeatedly violate this Statement or our policies or if we are required to do so by law. We will notify you by email or the next time you attempt to access your account. Please click here for more information, including how to contact us if you think we have disabled your account by mistake.
You may also choose to temporarily deactivate or permanently delete your account at any time. In all such cases, the following provisions of this Statement will still apply: 2.2, 2.4, 3-5, and 14-18. When your account is deleted, we delete things that you have posted, such as your photos and status updates. Information that others have shared about you is not part of your account and will not be deleted when you delete your account.
1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Look@ exclusively in the Republic of Croatia courts, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the Republic of Croatia will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content or information on Look@, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Look@ and are not responsible for the content or information users transmit or share on Look@. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Look@. We are not responsible for the conduct, whether online or offline, of any user of Look@.
2. We will use reasonable skill and care in providing the Look@ Services to you and in keeping it a safe, secure and error-free environment, but we do not guarantee that Look@ will always function without disruptions, delays or imperfections. We are not responsible for:
- losses not caused by our breach of this Statement;
- losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this agreement;
- losses resulting from actions, content, information or data of third parties including any user of Look@ whether online or offline; we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Look@; and
- failure to provide Look@ or to meet any of our obligations under these terms where the failure is due to events beyond our control.
The above does not attempt to exclude our liability for death, personal injury or fraudulent misrepresentation caused by our negligence where this is not permitted by law.
13. Special Provisions Applicable to Users Outside the Republic of Croatia
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Look@ outside the United States:
1. You consent to having your personal data transferred to and processed in the United States.
2. You will not use Look@ if you are prohibited from receiving products, services, or software originating from Republic of Croatia.
1. By “Look@” or” Look@ Services” we mean the features and services we make available, including through (a) our website at www.lookat.hr and any other Look@ branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Look@ reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms (where, as applicable, you may separately consent) and not this SRR. In respect of such brands, products or services governed by separate terms and not this SRR, we will notify you on the Look@ Services of the separate terms before use. Your use of brands, products, or service governed by separate terms, constitutes your acceptance of those separate terms.
2. By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Look@ or provide data to us.
3. By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with Look@.
4. By “content” we mean anything you or other users post, provide or share using Look@ Services.
5. By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from Look@ or provide to Look@ through Platform.
6. By “post” we mean post on Look@ or otherwise make available by using Look@.
7. By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8. By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
9. By “Trademarks” we mean the list of trademarks in corelation with Look@.
1. This Statement makes up the entire agreement between the parties regarding Look@, and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Statement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.
9. We reserve all rights not expressly granted to you.
10. You will comply with all applicable laws when using or accessing Look@.
16. The Rest
WE TRY TO KEEP TEAMAPLAYERS UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING LOOK@ AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT LOOK@ WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT LOOK@ WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. LOOK@ IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR LOOK@, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR LOOK@ WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LOOK@”S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
WE ARE NOT RESPONSIBLE FOR ANY INJURIES THAT CAN OCCUR WHILE TAKING A PHOTO OVER LOOK@ SOLAR COLUMN. WE ARE NOT RESPONSIBLE FOR ANY KIND OF CONFLICT, PHYSICAL , VERBAL, OR OTHER, THAT CAN OCCUR WHILE WAITING IN LINE TO TAKE A PHOTO OVER LOOK@ PHOTO COLUMN. SAMEHOW WE ARE NOT RESPONSIBLE FOR ANY INJURY THAT CAN HAPPEN WHILE USING LOOK@ PHOTO COLUM IMPROPERLY OR WHILE TRYING TO STEAL ONE.