This Terms of User Agreement ("Agreement") applies to your access and use of mobile applications (each, the "App" and collectively "Apps") (collectively, including the "Services") provided by AllLooks, its beneficiaries, and affiliates (“AllLooks”, "us" or "we"). By accessing, browsing, or otherwise using the App, or any other aspect of the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to this Agreement (including, if you are located in the United States, the mandatory arbitration provision and class action waiver in Section 13A) do not access or use the Services.
1.Eligibility
You must be at least 13 years of age to access or use the Services. In certain cases, this age may be higher due to local regulatory requirements or Distribution Channels (as defined in section 13 below) requirements. The Services are not addressed to people under the age of 13.
If you are under 18 years of age (or the age of legal majority where you live), but over 13 years of age, you may only access or use our Services with the consent and under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority where you reside), you agree to be fully responsible for the acts or omissions of such user in connection with access to and use of the Services.
If you are accessing or using our Services on behalf of another person, you represent that you are authorized to accept this Agreement on behalf of that person and that the person agrees to be responsible to us if you or the other person violates this Agreement.
Our Services are designed to meet personal users' needs and are not intended for any entrepreneurial, commercial, or business purposes; if you are a legal entity, or an individual accessing or using these Services on behalf of a legal entity, please opt out of this Agreement and do not use the Services. If you are an individual, you may use our Services solely for your own personal use.
You are responsible for making all arrangements necessary to access and use the Services. You are responsible for all use of the Services via your account.
2.Privacy
Please refer to our Privacy Policy for information about how we collect, use, and share information about you.
3.User content
Our Services may allow you and other users to compare and share content, including photos, images, graphics, videos, and other materials (collectively, "User Content"). AllLooks does not claim ownership of any:
(1) User Content that you share on or through the Services.
(2) User Content compared through the Services that you save or share on or through the Services ("Compared Content").
Subject to this Agreement and the Privacy Policy, you retain all rights in and to your User Content. You grant AllLooks a nonexclusive, sublicensable, royalty-free, worldwide, fully paid license to use, reproduce, temporarily cache, modify, adapt, create derivative works from, distribute, perform, and display your User Content during the term of this Agreement solely to provide you with the Services.
You acknowledge that some of the Services are supported by advertising revenue and may display sponsored advertisements and promotions, and you hereby agree that AllLooks may place such sponsored advertising and promotions on the Services or as a watermark on Transformed Content. The manner, mode and the extent of such advertising and promotions are subject to change without specific notice to you. Unless you are located in the UK or the EU, you acknowledge that we may not always identify sponsored content, or commercial communications as such. If you are located in the UK or the EU you acknowledge and agree that all advertisements and promotions are recognized as sponsored content or commercial communications by default.
You are solely responsible for User Content that you upload to the Services or otherwise make available to us or others through the Services, including by selecting, posting, publishing, or displaying via the Services or by texting, emailing, or otherwise making available to us or others. You represent and warrant that:
(1) You own or otherwise have the right to use the User Content.
(2) You agree to pay for all royalties, fees, and any other monies owed because of User Content.
(3) You have the legal right and capacity to enter into this Agreement in your jurisdiction.
AllLooks is not a backup service, and you agree that you will not rely on the Services for User Content backup or storage. You may not edit, save, post, share, or transform any User Content or Transformed Content that violates this Agreement or for which you do not have all the rights necessary to grant us the license described above. To the fullest extent permitted by law, we have no obligation or ability to screen, edit, or monitor User Content, and you are solely responsible for all User Content and Transformed Content that you edit, save, post, share, or transform through the Service. Notwithstanding the foregoing, AllLooks reserves the right to investigate and take appropriate legal action against anyone who, in AllLooks's sole discretion, violates this provision, including without limitation, suspending or terminating the subscription of such violators, and reporting the violator to the law enforcement authorities. To the extent permitted by law, AllLooks will not be liable to you for any modification, suspension, or discontinuation of the Services, the loss of any User Content or Transformed Content.
You will comply with all relevant laws, regulations, and policies applicable in your jurisdiction when transferring your User Content or Transformed Content to AllLooks, including but not limited to applicable intellectual property rights and data protection and privacy laws.
You understand that the technical processing and transmission of the Services, including your User's Content may involve:
(1) Transmissions over various.
(2) Changes to conform and adapt to technical requirements of connecting networks or devices.
4.Prohihited conduct and content
You must not violate any applicable law, breach any contract, infringe any intellectual property rights or other third-party right, or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You agree to strictly abide by the content of this Agreement and with relevant national laws, regulations, and rules. When accessing or using the Services you must not:
(1) Engage in any harassing, threatening, intimidating, predatory, or stalking conduct or in any illegal/criminal activities such as money laundering.
(2) Transmit or publish speech that incites resistance or undermines the implementation of the EU (or your local jurisdiction) constitution, laws, and administrative regulations, speech that harms the public interest of the country and involves national security, speech that incites to subvert state power, speech that undermines national unity; incites ethnic hatred, ethnic discrimination and undermines national religious policies.
(3) Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by this Agreement.
(4) Incite or instigate others to engage in behavior prohibited by this Agreement.
(5) Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services, or the networks connected to our Services in any manner.
(6) Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Services.
(7) Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access.
(8) Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services.
(9) Display, mirror or frame our Services, or any individual element within our Services, the company's name, any company trademark, logo, or other proprietary information without our express written consent.
(10) Delete logos and watermarks, trademarks, or any other protected marks.
(11) Further edit any photos or videos with the AllLooks logos and watermarks, trademarks, or any other protected marks using your own or any other third-party editing tools.
(12) Circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content available on or through the Services, including through the use of virtual private networks.
(13) Attempt to gain unauthorized access to the Services, the server on which the Services are hosted, or any server, computer or database connected to the Site or the Services.
(14) Attack the Services via a denial of service attack or a distributed denial of service attack.
(15) Knowingly introduce to the Services any viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful.
(16) Use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates this Agreement.
(17) Carry out unauthorized access to subscriptions to the Services, provide third parties with the possibility of unauthorized access to subscriptions to the Services (for example, by transferring access), or use any other method of bypassing payment systems to use subscriptions.
(18) Transfer subscriptions to the Services purchased in the relevant application store for a certain type of compatible devices to devices of another type.
(19) Encourage, assist, or enable any other party to do any of the foregoing.
You may also only save, disclose, upload, transform, or share User Content or Transformed Content that is non-confidential and you have all necessary rights to disclose, save, upload, transform, or share. You may not upload, share, select, edit, or transform any User Content, or Transformed Content, that:
(1) Is unlawful, libelous, defamatory, obscene, pornographic, indecent, vulgar, lewd, suggestive, harmful, abusive, harassing, threatening, tortious, discriminatory, excessively violent, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent.
(2) Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise, create liability or violate any local, state, national, or international law.
(3) Does or may infringe, misappropriate, or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right (including likeness) of any party.
(4) Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences.
(5) Constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation.
(6) Impersonates, or misrepresents your affiliation with, any person or entity.
(7) Contains any unsolicited promotions, political campaigning, advertising, or solicitations.
(8) Contains any private or personal information of a third party without such a third party's consent.
(9) Contains any viruses or any other computer code, files or programs, corrupted data, or other harmful, disruptive, or destructive files or content designed to interrupt, destroy, or limit the functionality of any computer software hardware or telecommunications equipment.
(10) In our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose AllLooks or others to any harm or liability of any type.
5.Limited license; Copyright and trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters and other content contained therein (collectively, the "AllLooks Content") are owned by or licensed to AllLooks and are protected under the laws of the Republic of Cyprus, the European Union, and other international and foreign laws. Except as explicitly stated in this Agreement, AllLooks and our licensors reserve all rights in and to our Services and the AllLooks Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and AllLooks Content solely for your personal use during the term of this Agreement; however, such license is subject to this Agreement and does not include any right to:
(1) Sell, resell or commercially use our Services or AllLooks Content.
(2) Copy, reproduce, distribute, publicly perform, or publicly display AllLooks Content, except as expressly permitted by us or our licensors.
(3) Modify the AllLooks Content (except as permitted in the Services), remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or AllLooks Content, except as expressly outlined in this Agreement.
(4) Use any data mining, robots or similar data gathering or extraction methods.
(5) Use our Services or AllLooks Content other than as expressly permitted in this Agreement.
Any use of our Services or AllLooks Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will result in the automatic termination of the licenses granted under this Agreement. You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the AllLooks Content or Transformed Content.
You are responsible for keeping the installed App on your device, and your User's Content and Transformed Content, securing and maintaining the confidentiality of any password and account details for the App or the Services. You are also responsible for all activities that occur under your password or account or on the App as installed on your device. You agree to immediately notify AllLooks of any unauthorized use of the App or your account or any other breach of security. To the extent permitted by law, AllLooks will not be liable for any loss or damage arising from your failure to comply with this Section. You can delete the App or re-install the App at any time.
AllLooks is constantly improving its Services. Some features or functionality are provided temporarily or for beta testing purposes - to analyze the use of the Services and improve the user experience. AllLooks reserves the right to modify, discontinue, replace, or remove any Services (including but not limited to beta Services) temporarily or permanently at any time in AllLooks's sole discretion, with or without notice. You agree that AllLooks will not be liable to you or to a third party for any modification, discontinuance, replacement, or removal of any Services.
Subscriptions to the Services can only be purchased via third-party marketplaces (e.g., through the Apple App Store or Google Play Store). AllLooks does not sell any paid subscriptions directly, distribute any paid content, or process payment for any services or purchases directly. By agreeing to this agreement, users that purchase subscriptions to, or otherwise pay for, the services agree to be bound by the terms and conditions and/or end user license agreements (other legal agreements) with the relevant third-party marketplaces (Apple App Store, Google Play Store, etc.) with respect to such subscriptions or other payments. Please contact the relevant third-party marketplaces for more information. AllLooks assumes no liability or responsibility for any payments you make through such third-party marketplaces.
If you purchase any subscription through a mobile purchase or third-party marketplace (e.g., through the Apple App Store or Google Play Store), the refund policy applicable to that third-party marketplace will apply. The third-party marketplace will be solely responsible for making refunds under its refund policy, and AllLooks will have no refund obligations. AllLooks disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third party's compliance or noncompliance with such policy.
The Services are not created and are not intended for commercial use. Please note that no licenses or permissions to use AllLooks Content or Services, nor your subscription are transferable to anyone else, and the functionality provided by your subscription and the Services is only for personal use and cannot be used for commercial purposes. For clarity, commercial use entails any use of the Services involving a financial transaction or contributing to financial gain. For example, it is forbidden to edit photos and videos using the Services to provide any services for third parties.
AllLooks's name and logos are trademarks and service marks of AllLooks (collectively the"AllLooks Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to AllLooks. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the AllLooks Trademarks displayed on or through the Services, without our prior written permission in each instance. All goodwill generated from the use of AllLooks Trademarks will inure to our exclusive benefit and you agree to sign any documents assigning such goodwill to us on request.
6.Feedback
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about AllLooks or our products or Services (collectively, "Feedback"), is non-confidential, and we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You hereby grant to AllLooks a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services or AllLooks's business or for any other purpose at AllLooks's sole discretion.
7.Copyright complaints
AllLooks respects the intellectual property of others, and we ask our users to do the same. To the extent permitted by law, AllLooks will not be responsible for User Content that is used and transformed by users of the Services. In cases of violations of your copyrights or other protected rights by User Content or Transformed Content, you should contact particular users, as well as Internet resources for posting this content. AllLooks does not collect or store user data that can provide assistance in finding such violators.
8.Compensation
To the fullest extent permitted by applicable law, you agree to compensate, reimburse, defend, and hold harmless AllLooks, its beneficiaries, affiliates, and each of their respective officers, directors, agents, partners, and employees (individually and collectively, the"AllLooks Parties") from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to:
(1) Your access to or use of our Services otherwise than as permitted under this Agreement.
(2) Your User's Content or Transformed Content or Feedback.
(3) Your violation of this Agreement or applicable law.
(4) Your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights).
You agree to promptly notify AllLooks Parties of any such third-party Claims, cooperate with AllLooks Parties in defending such Claims, and, to the fullest extent permitted by law, pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, reasonable attorneys' fees). You also agree that the AllLooks Parties will have control of the defense or settlement of any third-party Claims. Your obligations under this Section are in addition to, and not instead of, any other indemnities outlined in a written agreement between you and AllLooks or the other AllLooks Parties.
9.Disclaimers
Consumers have certain rights under law and nothing in this Agreement can, or is intended to, limit or remove these rights. We don't exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so.
We do not control, endorse, or take responsibility for any User's Content or third-party content available on or linked to by our Services.
We have taken every reasonable care in the provision of the Services. However, to the fullest extent permitted under applicable law, your use of our Services is at your sole risk and our Services are provided "as is" and "as available" without warranties or conditions of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement. In addition, while AllLooks does its best to avoid interruptions or unavailability of the Services, to the fullest extent permitted by law, AllLooks does not represent or warrant that our Services are accurate, complete, reliable, uninterrupted, secure, current or error-free or that the service will meet your requirements. While AllLooks attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses, trojans, worms, logic bombs, or other materials which are malicious or technologically harmful. You assume the entire risk as to the quality and performance of the Services.
The speed, volume, size, and duration of photo and video content for processing are not unlimited and are within the technical capabilities of the Services, and within our safeguarding measures to protect against abuse. In addition, the availability and characteristics of the Services may vary depending on your device, software, and data networks. We are constantly improving the functionality of the Services, stay tuned for updates.
10.Limitation of liability
To the fullest extent permitted by law, AllLooks and the other AllLooks parties will not be liable to you under any theory of liability - whether based on contract, tort, negligence, breach of statutory duty, strict liability, warranty, or otherwise - for any:
(1) Indirect, consequential, exemplary, incidental, punitive, or special damages.
(2) Lost profits, loss of business or revenue, loss of contracts, use, opportunity, or anticipated savings, or loss of or damage to goodwill, data or software (in each case whether direct or indirect), even if AllLooks or the other AllLooks parties have been advised of the possibility of such damages.
Further, AllLooks and the other AllLooks parties will not be liable for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, pandemics, epidemics, earthquakes, fire, floods, or other acts of god, labor conditions, power failures, and Internet disturbances.
The limitations outlined in this section will not limit or exclude liability for fraud or fraudulent misrepresentation, death, or personal injury caused by our gross negligence of AllLooks or the other AllLooks Parties, or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
11.Release
To the fullest extent permitted by law, under no circumstances will AllLooks be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any such content. AllLooks excludes all warranties, undertakings, and representations (express and implied) related to any such content to the fullest extent permitted by law. You acknowledge and agree that to the fullest extent permitted by law, AllLooks does not pre-screen content, but that AllLooks and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
The Services may provide links or other access to other sites and resources on the Internet. AllLooks has no control over such sites and resources and AllLooks is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that AllLooks will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that AllLooks is not liable for any loss or claim that you may have against any such third party.
To the fullest extent permitted by applicable law, you release AllLooks and the other AllLooks Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
You expressly waive any rights you may have under California Civil Code § 1542, which says: "A general release does not extend to claims that 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", as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
12.Governing law
This Agreement and any disputes, claims, or requests for relief (including non-contractual disputes) arising out of or in connection with this Agreement and your access to and use of our Services will be governed by and construed and enforced by the laws of the Republic of Cyprus, without regard to conflict of law rules or principles (whether of the Republic of Cyprus or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
Complaints will be handled by our complaints handling policy found here.
13.Electronic communications
By accessing or using the Services, you also consent to receive electronic communications from AllLooks (e.g., responses to your requests, questions and feedback, announcements, updates, and security alerts through a push notification or by posting notices on the Services). You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
14.Termination; Modification
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services, in whole or in part. We are not responsible for any loss or harm related to your inability to access or use the Services.
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that AllLooks will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
Upon any termination of your access to or use of the Services, all licenses granted to you hereunder shall terminate automatically, your right to use the Services shall cease and your User Content will no longer be available to you through the Services and all sections of this Agreement that, by their nature should survive termination will survive termination, including the sections entitled User Content, Compensation, Disclaimers, and Limitation of Liability, Release, Dispute Resolution, and Severability.
15.Severability
If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
16.Regulatory
The Services may be subject to U.S. economic sanctions regulations administered by the Office of Foreign Assets Control ("OFAC"), U.S. Department of the Treasury. You agree to comply strictly with all such laws and regulations as they relate to the Services. Without limiting the foregoing, you agree that:
(1) You are not established or located in, nor will you provide, export, re-export, or transfer the Service to any country or region subject to comprehensive economic sanctions.
(2) You are not, nor will you provide, export, reexport, or transfer the Service to:
(1) The government of a country is subject to comprehensive sanctions, wherever located.
(2) A person or entity identified on OFAC's List of Specially Designated Nationals or Consolidated Sanctions List.
(3) A person with knowledge or reason to know that they will provide, export, re-export, or transfer the Service other than in compliance with the foregoing restrictions.
The Services may be subject to other restrictions by other sanctions, prohibitions, or restrictions in force in your location. Also, the availability of the Services may be affected by restrictions, prohibitions, or other actions (inaction) of other parties within their capabilities, including telecom operators, Distribution Channels, and software operating systems of your devices.
17. Miscellaneous
Please note that the agreement is subject to change by AllLooks in its sole discretion at any time. When changes are made, we will make a new copy of the Agreement available on our website and within our mobile application.
Any changes to the Agreement will be effective immediately for new users of the Services and will be effective fourteen (14) days after posting notice of such changes on the website for existing users, provided that any material changes shall be effective for existing users upon the earlier of fourteen (14) days after posting notice of such changes on the website or fourteen (14) days after dispatch of the push notification of such changes. We may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services, including the website and the mobile application. Otherwise, your continued use of the Services, including the website and the mobile application, constitutes your acceptance of such changes. Please check the website regularly to view the then-current agreement.
This Agreement constitutes the entire agreement between you and AllLooks relating to your access to and use of the Services.