These Terms and Conditions (“Terms”) govern the access or use by user, an individual, in the world of applications, websites, content, products, and services (the “Services”) made available by Lookna Inc., a Georgia state company, having its offices at 23823 Malibu Rd - Suite 50350 Malibu, CA 90265 (“Lookna”) at www.lookna.com, mobile application and web application (the “Application”), and the online transactions between those users of the Application who are offering services (the “Advertiser”) and those users of the Application who are obtaining services (the “Service User”)
By using LOOKNA’S Services, User agrees to the below mentioned terms and conditions.
User hereby acknowledges that the Application serves as a platform for the online distribution and publication of user submitted information between Advertisers and Service Users. User’s access and use of the Services constitutes user’s agreement to be bound by these Terms, which establishes a contractual relationship between user and Lookna.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to user in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
All references to “User” means the person that accesses, uses, and/or participates in the Application in any manner. A person who uses the Application, opens an account on behalf of a business, represents and warrants authority to bind that business and acceptance of the Terms.
2.1. User will be “Eligible” to use the Services only when user fulfills all of the following conditions:
i. User has attained at least 18 (eighteen) years of age.
ii. User is competent to enter into a contract under the Applicable Laws.
2.2. User also represents, acknowledges and agrees that (a) all registration information that user submits is true and accurate, (b) user will maintain the accuracy of such information, and (c) user’s use of the Application and Services offered through this Application do not violate any applicable law or regulation. Failing to abide by the eligibility criteria may lead to termination of user’s account.
2.3. If user resides in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, user must abide by such age limits.
3.1. User may access the Services either by (a) signing in as a guest; or (b) registering to create an account (“Lookna Account”) and become a member (“Member”); or (c) user can also register to join by logging into user’s account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Services, as described below. As part of the functionality of the Services, user may link user’s Lookna Account with Third Party Accounts, by either:
i. providing user’s Third Party Account login information to Lookna through the Services; or
ii. allowing Lookna to access user’s Third Party Account, as is permitted under the applicable terms and conditions that govern user’s use of each Third Party Account.
3.2. To create user’s Lookna Account, user must submit user’s name and email address through the account registration page on the Application and create a password. User will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful for Lookna to provide user with more customized results.
3.3. User represents that user is entitled to disclose user’s Third Party Account login information to Lookna and/or grant us access to user’s Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by user of any of the terms and conditions that govern user’s use of the applicable Third Party Account and without obligating user to pay any fees or making Lookna subject to any usage limitations imposed by such third party service providers.
3.4. By granting Lookna access to any Third Party Accounts, user understands that Lookna will access, make available and store (if applicable) any content or information that user has provided to and stored in user’s Third Party Account (“SNS Content”) so that it is available on and through the Services via user’s Lookna Account.
3.5. Unless otherwise specified in these Terms and Conditions, all SNS content, if any, will be considered to be user’s content for all purposes of these Terms.
3.6. Depending on the Third Party Accounts user chooses and subject to the privacy settings that user have set in such Third Party Accounts, personally identifiable information that user posts to user’s Third Party Accounts will be available on and through user’s Lookna Account on the Services.
3.7. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Services.
3.8. We will create user’s Lookna Account for user’s use of the Services based upon the personal information user provides to us or that we obtain via an SNS as described above.
3.9. User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by user.
3.10. Except for the Registration Data or any other data submitted by user during the use of any other service offered through the Application (“Permitted Information”), Lookna does not want user to, and user should not, send any confidential or proprietary information to Lookna on the Application or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms, user agrees that any information or materials that user or individuals acting on user’s behalf provide to Lookna other than the Permitted Information will not be considered confidential or proprietary.
3.11. Lookna reserves the right to suspend or terminate user’s Lookna Account and user’s access to the Services with immediate effect and for an indefinite period, if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete, or that the security of user’s Account has been compromised in any way, or for any other reason We may find just or equitable.
3.12. User is responsible for safeguarding user’s password. User agrees that user will not disclose user’s password to any third party and that user will take sole responsibility for any activities or actions under user’s Lookna Account, whether or not user has authorized such activities or actions. User will immediately notify us of any unauthorized use of user’s Lookna Account. User’s Account cannot be transferred, assigned or sold to a third party. Lookna shall not be liable for any loss that user may incur as a result of someone else using user’s password or Account, either with or without user’s knowledge.
3.13. It is user’s responsibility to check to ensure that user downloads the correct application for user’s device. Lookna will not liable if user does not have a compatible mobile device or if user downloads the wrong version of the Application for user’s mobile device. Lookna reserves the right to terminate the Service and the use of the Application should user be using the Service or Application with an incompatible or unauthorized device.
3.14. Goods and services purchased from the Services are intended for user’s personal use and user represents that the same are not for resale or user is not acting as an agent for other parties.
4.1. The Services constitute a technology platform that enables users of Lookna’s Application to arrange and schedule services with the Advertisers under an agreement with Lookna. Unless otherwise agreed by Lookna in a separate written agreement with user, the Services are made available solely for user’s personal, noncommercial use.
4.2. Once User initiates a query, request for service or a quote to shortlisted advertisers received from the search results, Lookna will forward the user details to the shortlisted advertisers. User may also initiate chats with such shortlisted Advertisers using Lookna’s communication tool. User and Advertiser may discuss the details of the services and settle a price acceptable to both parties and confirm by providing their digital acceptance on Lookna’s chat tool. In the event of a breach of the agreement formed between User and Advertiser, Lookna shall lend its support to the aggrieved party based on the information available with Lookna. However, such information shall only be related to the communication initiated on Lookna’s communication/chat tool.
4.3. Lookna shall procure reasonable efforts to bring user into contact with Advertiser, subject to the availability of Advertiser in or around user’s location at the moment of user’s request for such services. However, Lookna does not represent that access to the Services will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
4.4. By using the Application or the Service, user further agrees that:
i. user will only use the Service or download the Application for user’s sole, personal use and will not resell or assign it to a third party;
ii. User will not use an account that is subject to any rights of a person other than user, without appropriate authorization;
iii. User will not use the Service or Site for unlawful purposes;
iv. User will not try to harm the Service, Site or our network in any way whatsoever;
v. User will provide Lookna with such information and documents which Lookna may reasonably request;
vi. User will only use an authorized network to avail the Service;
vii. User is aware that when requesting Services, whether by message, via the Application or calling the call center of Lookna, standard messaging charges, data charges, voice charges, as applicable, of user and Lookna’s phone network service providers, will apply; and
viii. User will comply with all Applicable Laws.
4.5. Lookna reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, Lookna will store the information provided by user for all Service related matters including but not limited to communication originating or initiated from within Lookna communication/chat tool. User shall promptly inform Lookna on any change in the information provided by user.
4.6. Lookna or an authorized representative of Lookna, shall provide information regarding services, discounts and promotions provided by Lookna to user by way of an SMS or email to user’s registered mobile number/registered email ID or through push notifications. User also has the option to discontinue receiving such information at any point of time. To discontinue receiving such information, user may at any point of time visit the specific link provided in the Application to discontinue the same.
4.7. Lookna will be entitled to process and transfer user’s information as and when it deems fit and it may store or transfer user’s information in a server in order to perform its obligations under these Terms and Conditions.
4.8. Lookna will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, user will be provided with the services by Lookna jointly and/or severally with the party/ies in joint venture. User hereby gives user’s irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.
4.9. We do not own, sell, resell, furnish, provide, prepare, manage and/or control the Advertisers or the related services provided in connection thereof, and therefore do not represent or warranty that the information available on the Services will be correct, accurate or otherwise reliable.
4.10. Our responsibilities are limited to: (i) facilitating the availability of the Services; and (ii) serving as the limited agent of each Advertiser for the purpose of accepting payments from user for user’s online order and delivery of such services.
5.1. Lookna reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time; or change, suspend, block, discontinue or restrict user’s use to all or any feature of the Service or Application at any time.
5.2. Lookna shall not be required to notify User of any changes made to these User Terms. The revised User Terms shall be made available on the Application. User is requested to regularly visit the Application to view the most current User Terms. It shall be user’s responsibility to check these User Terms periodically for changes. Lookna may require user to provide user consent to the updated User Terms in a specified manner prior to any further use of the Application and the Services. If no such separate consent is sought, user’s continued use of the Application, following the changes to the User Terms, will constitute User’s acceptance of those changes. User’s use of the Application and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.
5.3. User will not delete or modify any content of the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that user does not own or have express permission to modify.
6.1. Lookna may accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by user on the Site (“User Content”). User represents that user has obtained all permissions and consents required to post the User Content and such User Content complies with all requirements of the User Content. Lookna shall not in any manner be responsible and does not endorse the User Content.
6.2. User agrees that when posting Posted Content, User will not:
i. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.
ii. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless User owns or control the rights thereto or have received all necessary consents.
iii. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
iv. Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages or the same is in accordance to an agreement with Lookna.
v. Conduct or forward surveys, contests, pyramid schemes or chain letters.
vi. Download any file posted by another user that user knows, or reasonably should know, cannot be legally distributed in such manner.
vii. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
viii. Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature.
ix. Restrict or inhibit any other user from using and enjoying the Site.
x. Violate any code of conduct or other guidelines which may be applicable for any particular User Content.
xi. Harvest, scrape, index, cache, store, or otherwise collect information available on Lookna, without written consent from Lookna.
xii. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
xiii. Threaten the unity, integrity, defense, security or sovereignty of United States, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
6.3. Lookna may, but shall not be obligated to, review, monitor, or remove User Content, at Lookna’s sole discretion and at any time and for any reason, without notice to user.
7.1. Any User Content provided by user remains user’s property. However, user agrees that any User Content provided by user for which user authorizes to be searchable is provided on a non-proprietary and non-confidential basis. By providing User Content to Lookna, user grants Lookna a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner including but not limited for commercial and monetary benefits such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Lookna’s business and on third-party sites and services), without further notice to or consent from user, and without the requirement of payment to user or any other person or entity. The foregoing license granted by user terminates once user removes or deletes the User Content from the Application.
7.2. User represents and warrants that: (i) user either is the sole and exclusive owner of all User Content or user has all rights, licenses, consents and releases necessary to grant Lookna the license to the User Content as set forth above; and (ii) neither the User Content nor users submission, uploading, publishing or otherwise making available of such User Content nor Lookna’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
7.3. User acknowledges and understands that the technical processing and transmission of the Application, including user’s User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7.4. User is aware that any information provided by user in the User Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client is not extended to Lookna.
7.5. Lookna may also disclose user information including personal information if Lookna reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Lookna’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce these Terms and Conditions (including, but not limited to ensuring payment of fees by users, or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
7.6. User may remove user’s User Content from the Application at any time, following which the license granted above will automatically expire.
Subject to user’s compliance with these Terms and Conditions, Lookna grants user a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on user’s personal device solely in connection with user’s use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for user’s personal, noncommercial use. Any rights not expressly granted herein are reserved by Lookna and Lookna’s licensors.
9.1. Lookna alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to (i) the Site, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by User or any other party relating to the Site, Application or the Service. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, user shall be required to get permission to do so directly from the owner of such intellectual property.
9.2. These User Terms do not constitute a sale and do not convey to user any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by Lookna. User shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.
9.3. User may use information on the Site purposely made available by Lookna for downloading from the Site, provided that User: (i) does not remove any proprietary notice language in all copies of such documents and make no modifications to the information; (ii) use such information only for user’s personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or (iii) does not make any additional representations or warranties relating to such information.
10.1. The Services may be made available or accessed in connection with third party services and content (including advertising) that Lookna does not control. Lookna cannot and will not assure that other users are or will be complying with the foregoing terms and conditions or any other provisions of these Terms, and, as between user and Lookna, user hereby assumes all risk of harm or injury resulting from any such lack of compliance.
11.1. User acknowledges that a Third Party Provider, including, without limitation, an Operating System, ISP, Network carriers and Device Manufacturers (each being “Third Party Providers”), is not associated, affiliated and does not sponsor, endorse or is in any way linked to the Services accessed on a mobile device.
11.2. User and Lookna acknowledge that these Terms and Conditions are concluded between user and Lookna only, and not with a Third Party Provider, and Lookna, not those Third Party Providers, is solely responsible for the Services and the content thereof to the extent specified in these Terms and Conditions.
11.3. The license granted to user for the Services is limited to a non-transferable license to use the Services on a mobile device that user owns or controls and as permitted by these Terms and Conditions.
11.4. User and Lookna acknowledge that it's them, and not the relevant Third Party Provider, who are responsible for addressing any claims of user relating to the Services or user’s possession and/or use of the Services, including, but not limited to: (i) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
11.5. User must comply with any applicable Third Party provider terms of agreement when using the Services (e.g. user must ensure that user’s use of the Services is not in violation of user’s mobile device agreement or any wireless data service agreement).
11.6. User’s download, installation, access to or use of the Services on a Third Party Provider platform is also bound by the terms and conditions of such Third Party Providers.
12.1. Joining Lookna, opening an Account, and viewing posted Services is free. However, user understands that use of the Services may result in charges to user for the services or goods user receives from an Advertiser (“Charges”). After user has received services or goods obtained through user’s use of the Service, User shall be liable to pay the Advertiser according to the agreed terms between User and Advertiser.
12.2. Lookna currently does not charge Users for transactions completed on the Application between Service Users and Advertisers. However, Lookna reserves the right to charge a fee to Service Users in the future on a per-transaction basis or in any other manner, and reserves the right to do so in its sole discretion. Changes to this Fee policy become effective after Lookna provides a 30 days notice by posting changes on the Application.
12.3. Lookna and Advertisers arrangement related to fees and payments shall be governed by the terms agreed upon in a separate agreement signed between the parties.
12.4. User acknowledges and agrees that Lookna provides only a platform to User and Advertiser. User must make all payments due to the Advertiser directly. Lookna shall not liable to user in relation to the services or goods purchased and to the advertiser in relation to the payments by a user. User shall not, under any circumstances whatsoever, make any payment directly to the Lookna.
User understands that Lookna is acting solely as an intermediary and providing a platform for the Service User and a Service Advertiser who chose to enter into an agreement for service. User understands and agrees that user is solely responsible for determining User’s own tax reporting requirements in consultation with tax advisors, and that Lookna cannot and does not offer tax advice to either service user or service Advertiser or guests. Further, user understands that Lookna shall not be responsible or liable in any manner in relation to tax liability of a Service User or an Advertiser.
14.1. Lookna does not endorse any Advertiser. In addition, although these Terms require user to provide accurate information, Lookna does not attempt to confirm, and does not confirm, any user’s purported identity. Lookna will not be responsible for any damage or harm resulting from user’s interactions with other users. However, Lookna at its sole discretion shall carry out basic checks related to the Advertisers listed on the Application in order to verify their existence.
14.2. By using the Services, user agrees that any legal remedy or liability that user seeks to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused user harm and user agrees not to attempt to impose liability on, or seek any legal remedy from Lookna with respect to such actions or omissions.
If a Service User violates any of the terms and conditions, Lookna, in its sole discretion, may: (a) limit the Service User’s Account privileges; (b) suspend the Service User’s Account; and/or (c) decrease the Service User’s status earned.
Lookna shall not be liable for any failure to perform any obligations under these Terms and Conditions, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under these Terms and Conditions shall be suspended for so long as the Force Majeure Event continues.
17.1. User agrees to indemnify and hold Lookna and its officers, shareholders, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) user’s use of the Services or services or goods obtained through user’s use of the Services; (ii) user’s breach or violation of any of these Terms and Conditions; (iii) Lookna’s use of User’s Content; or (iv) user’s violation of the rights of any third party and Advertisers, including without limitation any copyright, property, proprietary, intellectual property, or privacy right. This defense and indemnification obligation will survive these Terms and Conditions and user’s use of the Application.
17.2. In case of a dispute with one or more Users, user forever release Lookna and its officers, directors, employees and agents from any and all claims, demands and damages, whether actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with user’s use of the Application and/or any User Content.
18.1. Lookna shall not be liable for any damages resulting from the use of or inability to use the Application or services by Lookna, including damages caused by wrong usage of the Application, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the Application.
18.2. IN NO EVENT SHALL LOOKNA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LOOKNA HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
18.3. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOOKNA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF PAID TO LOOKNA BY USER HEREUNDER.
18.4. If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Lookna shall be the minimum permitted under Applicable Law.
19.1. User hereby acknowledges and agrees that Lookna, in its sole and absolute discretion, has the right to delete, terminate, or deactivate user’s Account, block user’s email or IP address, cancel the Application or otherwise terminate user’s access to or participation in the use of the Application, or remove and discard any User Content on the Application, immediately and without notice, for any reason, including without limitation, account inactivity or any violation of any provision of the Terms and Conditions.
19.2. User may cancel user’s use of the Application and/or terminate the Terms and Conditions with or without cause at any time by deactivating the Account.
19.3. Upon termination of user’s Account, user’s right to participate in the Application, including, but not limited to, user’s right to offer or purchase Services and user’s right to receive any fees or compensation, shall automatically terminate. In the event of Termination, user’s Account will be disabled and user may not be granted access to user’s account or any files or other data.
19.4. Unless a previous cancellation or termination of user’s use of the Services, Lookna shall intimate via email of such termination, effective immediately upon delivery of such notice.
19.5. Upon termination, all licenses granted to user hereunder will immediately terminate; obligating user to promptly destroy all copies of Lookna’s data or content in user’s possession or control. However, Lookna shall retain the right to use any data collected from user’s use of the Application for internal analysis and archival purposes, and all related licenses that user has granted to Lookna hereunder shall remain in effect for the foregoing purpose.
20.1. Lookna may give notice by means of a general notice on the Service or Application, or by electronic mail to user’s email address or a message on user’s registered mobile number, or by written communication sent by regular mail to user’s address on record in Lookna’s account information.
20.2. User may contact Lookna by electronic mail at its email address firstname.lastname@example.org, or by written communication sent by regular mail to 23823 Malibu Rd - Suite 50350 Malibu, CA 90265.
If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms and Conditions but the legality, validity and enforceability of the other provisions in these Terms and Conditions shall not be affected.
In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms and Conditions.
22.1. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LOOKNA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, LOOKNA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. LOOKNA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. USER AGREES THAT THE ENTIRE RISK ARISING OUT OF USER’S USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH USER, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
22.2. User understands and agrees that Lookna may, in its sole discretion and without incurring any liability, review and delete or remove any User Content that violates the Terms and Conditions herein or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Application users or others.
User may not assign or delegate any rights or obligations under the Terms and Conditions. Any purported assignment and delegation shall be ineffective. However, Lookna may freely assign or delegate all rights and obligations under these Terms and Conditions. Lookna shall not be obligated to provide any notice to User if such an event shall take place.
These terms control the relationship between Lookna and User. They do not create any third party beneficiary rights.
These Terms and Conditions are governed by the laws of United States. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Application, shall be subject to the jurisdiction of the courts in Malibu, California.
26.1. User agrees that this Terms and Conditions constitute the entire, complete and exclusive agreement between User and Lookna regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Terms and Conditions. User also may be subject to additional terms and conditions that may apply when User uses or purchases certain other Services offered by Lookna.
26.2. Lookna reserves the right to alter, amend, modify or terminate these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to Lookna’s Services at any time, with or without cause. Lookna reserves the right, in its sole discretion, to terminate User’s access to Lookna’s services and the related services or any portion thereof at any time, without notice. User should look at the terms regularly. Lookna will post notice of modifications to these terms on this page. Lookna will post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If User does not agree to the modified terms for a Service, User should discontinue the use of that Service.
26.3. In no event shall User seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Last Updated: June 1, 2017