Terms & Conditions

LOOKSY TERMS OF USE

Last Updated: 2.28.2019

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR WEBSITE.

These Terms apply to your access to, and use of, the website (the “Site”) of Feello, Inc., a Delaware corporation, d/b/a Looksy (“Looksy,” “we” or “us”).  These Terms do not alter in any way the terms or conditions of any other agreement you may have with Looksy for products, services or otherwise.  If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to be responsible to us if you violate these Terms. 

Looksy reserves the right to change or modify these Terms at any time and in our sole discretion.  If we make changes to these Terms, we will provide you with notice of such changes, such as by providing notice prominently on the front page of the Site or updating the “Last Updated” date at the top of these Terms.  By continuing to use the Site after such notice, you confirm your acceptance of the modified Terms.  If you do not agree to the modified Terms, you must stop accessing the Site.   

  1. Privacy Policy 


Please refer to our Privacy Policy http://www.looksyapp.com/privacy for information on how Looksy collects, uses and discloses information about our users. 

  1. Eligibility, Registration and Account

The Site is not targeted towards, nor intended for use by, anyone under the age of 18.  By using the Site, you represent and warrant that you (a) are 18 years of age or older; (b) have not been previously suspended or removed from the Site; (c) do not have more than one online account with Looksy; and (d) have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreement to which you are a party.

In order to access and use certain areas or features of the Site, you may be required to register for an online account.  When registering for an account, you cannot create an account name that incorporates a trademark without authorization from the trademark owner.  We reserve the right to reclaim account names, or to take other reasonable action as necessary, on behalf of any business or individual that holds legal claim, including trademark rights, in a name.

In consideration of your use of the Site, you agree to (w) provide accurate, current and complete account information; (x) maintain and promptly update your account information; (y) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us; and (z) promptly notify us if you discover or otherwise suspect any security breaches related to the Site.

  1. Copyright and Limited License


Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Looksy logo, and all designs, text, graphics, pictures, information, data, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Looksy or its licensors and are protected by U.S. and international copyright laws.  

Looksy grants you a limited, nonexclusive, non-sublicensable, nontransferable license to access and use the Site and Content; however, such license is subject to these Terms and does not include (a) any resale or commercial use of the Site or Content therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Content; (d) modifying or otherwise making any derivative uses of the Site or the Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, Content or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or Content other than for their intended purposes.  Any use of the Site or the Content other than as specifically authorized herein, without the prior written permission of Looksy, is strictly prohibited and will automatically terminate the license granted herein.  Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein or otherwise by Looksy, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.  This license is revocable at any time.

Notwithstanding anything to the contrary in these Terms, the Site and Content may contain software components that are subject to separate license terms, in which case those license terms will apply to the access and use of such software components.

  1. Trademarks 


“Looksy,” the Looksy logo and any other Looksy products or service names or slogans contained on the Site are trademarks of Looksy and may not be copied, imitated or used, in whole or in part, without the prior written permission of Looksy or the applicable trademark holder.  You may not use any metatags or any other “hidden text” utilizing “Looksy” or any other name, trademark or product or service name of Looksy without the appropriate parties prior written permission.  In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Looksy and may not be copied, imitated or used, in whole or in part, without our prior written permission.  All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. 

  1. Hyperlinks 


You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Looksy or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.  This limited right may be revoked at any time.  You may not use a Looksy logo or other proprietary graphic of Looksy to link to the Site without the express written permission of Looksy.  Further, you may not use, frame or utilize framing techniques to enclose any Looksy trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Looksy’s express written consent.  Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Looksy or any third party.

Looksy makes no claim or representation regarding, and accepts no responsibility for the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site.  Such sites are not under the control of Looksy and Looksy is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.  Looksy provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Looksy of any site or any information contained therein.  When you leave the Site, you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

  1. Third Party Content


Looksy may provide third party content on the Site and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information.  Looksy does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness.  You acknowledge and agree that Looksy is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content.  Users use such Third Party Content contained therein at their own risk. 

  1. Advertisements and Promotions; Third-Party Products, Services and Promotions

Looksy may display advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site.  Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party.  Looksy is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of third-party information on the Site.

  1. Feedback


You can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about Looksy and the Site (collectively, “Feedback”).  Feedback, whether submitted through the Site or otherwise, is non-confidential and shall become the sole property of Looksy.  Looksy shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

  1. Indemnification


You agree to defend, indemnify and hold harmless Looksy and our partners, independent contractors, service providers and consultants and our respective directors, officers, employees and agents (collectively, the “Looksy Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Site; (b) any Feedback you provide; (c) your violation of these Terms or (d) your violation of the rights of any third party. 

  1. Disclaimer 


EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY LOOKSY, THE SITE AND THE CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  LOOKSY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND CONTENT CONTAINED THEREIN.  LOOKSY DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

LOOKSY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY.  WHILE LOOKSY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, LOOKSY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

  1. Limitation of Liability 

IN NO EVENT SHALL LOOKSY OR THE LOOKSY PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM LOOKSY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LOOKSY’S RECORDS, PROGRAMS OR SITE.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LOOKSY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LOOKSY FOR ACCESS TO OR USE OF THE SITE.

  1. Modifications to Site

Looksy reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice.  You agree that Looksy will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.

  1. Applicable Law; Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH LOOKSY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM LOOKSY.

You and Looksy agree to arbitrate any dispute arising from these Terms or your use of the Site, except that you and Looksy are not required to arbitrate any dispute in which either party seeks equitable and or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Looksy agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises.  Notice to Looksy shall be sent to 701 N. 36th St., Suite 320, Seattle 98103.  You and Looksy further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Seattle, Washington; and (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS, and (d) that the state or federal courts in Seattle, Washingtonhave exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration.  Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of the State of Washington and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.  WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND LOOKSY WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. 

  1. Termination 

Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to use the Site, or any portion thereof, and to block or prevent your future access to and use of the Site or any portion thereof.

  1. Severability 

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. 

  1. Questions 

If you have any questions regarding these Terms or the Site, please contact us at looksysupport@feello.com.