LOOKPRIOR TERMS & CONDITIONS (Updated Dec 30, 2021)
Introduction
WELCOME TO LOOK PRIOR, INC. also known as LookPrior®, and ((hereafter “ LookPrior“, “LP” “our”, “we”, or “us”)).
By accessing or otherwise interacting with our servers, services, websites, mobile app (“App”), or any associated content/postings you agree to these Terms and Conditions (“TC”) agreement (last updated Dec 30, 2021), including our Privacy Policy, Cookie Policy, and other policies applicable to our services.
You acknowledge and agree LP is a private site owned and operated by LookPrior, Inc.
If you are accessing or using LP on behalf of a business, you represent and warrant to LP that you have authority to accept the TC agreement on behalf of that business and that that business agrees to the TC agreement. If you do not agree to the T&Cs agreement, you are not authorized to use LP or download the App.
In that regard, you may read our “terms of use” agreement carefully before creating your account.
We may modify the TC agreement at any time at our sole discretion. You are responsible for periodically checking for changes and you are bound by them, if you continue to use LP.
Our privacy policy, prohibited list, and all other policies, site rules, and agreements referenced below or on LP, are fully incorporated into this TC agreement, and you agree to them as well.
The “terms of use” agreement applies to anyone who accesses or uses our services, regardless of the registration or the subscription status.
Note that your use of our services is also subject to the Privacy policy, prohibited list, and all other policies, site rules, and agreements disclosed and agreed by you, (hereafter also referred to as “user” “users”, “website visitor(s)”). The terms of use agreement still apply whenever you purchase additional features, services, or products from LookPrior®. If you do not wish to be bound by this agreement, do not use our services.
LP reserves the right to modify, amend, or change the terms of use agreement at any time. We shall post notification of any material changes on this page, and each updated copy shall have the date of the updates displayed appropriately at the top of this page.
In addition, notification of the change in terms of use agreement will be sent via email where deemed necessary. However, you are responsible for regularly checking this page for notice of changes. We agree that future changes will not be retroactive without your consent.
Note that your continued use of our services constitutes your acceptance of any change, and you will be legally bound by the updated terms of use agreement.
The terms of use agreement is a legal agreement that governs our relationship with the users and others that interact with LookPrior® and our subsidiaries and affiliates in connection with the use of our website and applications.
If you have any questions or comments about the terms of use agreement, you may contact the company by simply writing to us at Attn: Customer Service – Terms of Use, 107 Gilbreth Parkway, Mullica Hill, NJ 08062.
– Introduction
– User Eligibility: Your Responsibilities
– By using our services, You represent and warrant that:
– User Accounts (Accuracy & Data Security)
– Posting Items / Your Content
– Nudity and Sexual Content Policies
– Removal of Content By LookPrior
– Advertisers and Other Third Parties
– Terminations and Suspensions by LookPrior for Cause
– Terminations by LookPrior for Service Changes
User Eligibility: Your Responsibilities
Before you create an account on LP, make sure you are eligible to use our services. This section details the conditions you must meet to be allowed to subscribe to or use our services/platforms through our website or mobile applications.
By using our services, you represent and warrant that:
You are at least 18 years old / have attained the age of legal majority;
If you have not attained the age of legal majority where you live, you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
If you are a parent or legal guardian of a user under the age of legal majority, you agree to be fully responsible for the acts or omissions of such user concerning our Services.
You are legally qualified to enter a binding contract with LP;
If you are using LookPrior services on behalf of a legal entity, you represent and warrant that:
Such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and;
Such a legal entity has authorized you to act on its behalf.
If you are using our services on behalf of another person or entity:
All references to “you” throughout these terms will include that person or entity;
You represent that you are authorized to accept these Terms on behalf of that person or that entity and ;
In the event you or the person or the entity violates these terms of use, the person or the entity agrees to be responsible to us.
You are not located in a country, a citizen of a country, or under the control of a country that the US Government has:
Embargoed,
Identified as a “Specially Designated National” or
Placed on the Commerce Department’s Table of Deny Orders
You are not on any list of individuals prohibited from conducting business with the United States;
You are not prohibited by law from using our services;
You have not have been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence;
You are not required to register as a sex offender with any state, federal or local sex offender registry;
You do not have more than one account on our Services;
We have not previously removed you from our Services unless you have our express written permission to create a new account.
you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement
You are not a competitor of us and are not using the Services for reasons that compete with us or other than for its intended purpose
User Accounts (Accuracy and data security)
To access/use some or all of our services, you may need to register an LP account with LookPrior® and a payments account with LookPrior`s appointed payment provider.
While registering an account, it is your responsibility to provide accurate account information. In case your personal details change in the future, it is your obligation to update the records promptly.
You have the responsibility of maintaining the security and confidentiality of your login credentials. If you discover someone has accessed your account without your permission, notify us promptly.
You may only register for the LP account if you are legally permitted to, and do, live within the territories where our service or services are available. LookPrior® reserves the right to reclaim LookPrior account usernames, including on behalf of businesses or the individuals that hold legal claims, including trademark rights, to those usernames.
Our Services
Our service provides a forum for people to connect, inform, and sell to others across the globe via videos and other content.
The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, LookPrior or a third-party (collectively, “Content”).
Content is the responsibility of the person or entity that provides it to the Service.
LookPrior is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including content that violates the LookPrior Community or the law, you can report it to us.
Posting Items / Your Content
If you have a LookPrior profile or account, The LookPrior® services allow you to post items for sale by uploading images and providing item descriptions. You may use your Content to promote your business or to connect with a suitable audience.
You may post items through the services without any charge.
However, LookPrior may charge a fee to post some items or if you exceed the available free resources or number of free posts for certain types of items.
In case there is a fee to use our services, LP will notify you through the services before you post your item.
LookPrior service allows you to promote your items for a fee. If you pay to promote your item, LookPrior will post the item more prominently and frequently within our services home feed. Promoted posts are identifiable within the news feed.
LookPrior offers various pricing packages, including subscriptions, to post and promote items. Pricing details are available through our services / on our website.
If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so.
You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
User Consent
Our services allow you and other users to create, post, store, and share content including but not limited to messages, text, photos, graphics, videos, software, code, and other materials (collectively, “user content”).
You retain all rights in and to your user content, as between you and LookPrior.
You grant LookPrior a perpetual, irrevocable, nonexclusive royalty-free, worldwide, fully-paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your user content and any name, description, username, or likeness provided in connection with your user content in all media formats, and channels that are now known or later developed without compensation to you.
The use of your or any other user’s name, likeness, or identity in connection with the LookPrior services does not imply any endorsement thereof unless explicitly stated otherwise.
When you publish, post, or otherwise share user content through the LP services, you understand that your user content and any associated information (such as a profile image, or the username)may be visible to other users.
LP uses third parties to provide services such as user verification. Whenever you provide User Content in connection with these third-party tools, you may be sharing your user content via third parties.
You may not create, post, share or store any user content that violates these terms or for which you do not have the rights necessary to grant us the described license.
You represent and warrant that your user content and our use of such content as permitted by these terms will not violate any rights of or cause injury to any person or entity.
You shall not and will not allow or authorize any third party to post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the LookPrior services any user content that:
Is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually-oriented, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent, or illegal;
Promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
Is intended to, or does, harass, or intimidate any other user or the third party;
May infringe or violate any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party, including User Content that contains others’ copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
Contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor’s legal guardian) or otherwise violates anyone’s right of privacy or publicity;
Promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
Violates someone’s data privacy or data protection rights;
Contains viruses, time bombs, trojan horses, cancelbots, worms, or other harmful, or disruptive codes, components, or devices;
Contains any advertising, fundraising, or promotional content;
Is, in the sole judgment of the Company, objectionable or restricts or inhibits any person from using or enjoying the Services or exposes the Company or its users to harm or liability of any type.
Use any Technology or other means to access, link to, index, frame, scrape, copy or reproduce the Website or the Content in a way that is not expressly authorized by us. In these Terms, “Technology” includes any hardware, software, programs, networks, systems, applications, platforms, devices, technology, and the like, of any kind and in whatever form
We may scan, monitor, store and analyze the uploaded content/information using third party services for various purposes, including but not limited to anti-fraud purposes, assessment of whether the content is consistent with our terms of use, identifying your interests and activities, and to help us provide better matches for you LookPrior assumes no responsibility to actively monitor user content and does not endorse any user content. Although LookPrior has no obligation to screen, edit or monitor user content, we may delete or remove user content at any time and for any reason with or without notice.
Nudity and sexual content policies
In most cases, violent, graphic, or humiliating fetishes are not allowed on LookPrior. Videos containing fetish content will be removed or age-restricted. Sexually explicit content featuring minors and content that sexually exploits minors is not allowed on LookPrior. If you find content that violates this policy, please report it. We report content containing child sexual abuse imagery to the National Center for Missing and Exploited Children, working with the global law enforcement agencies. If you’re posting content on LP, don’t post if it has any of the items below:
Depiction of genitals, breasts, or buttocks (clothed or unclothed) for sexual gratification
Pornography depicting sexual acts, genitals, or fetishes for sexual gratification
Other types of content that violate this policy
Masturbation or fondling of genitals, breasts, or buttocks
Using or displaying sex toys to provide viewers with sexual gratification
Celebrity wardrobe accidents or nude photo leaks
Violent, graphic, or humiliating fetish content where the purpose is sexual gratification
Nudity or partial nudity for sexual gratification
Explicit or implied depiction of sex acts for sexual gratification
Animated sex acts, pornography, or fetish content
Non-consensual sex acts or unwanted sexualization
Bestiality or promotion of bestiality
Incest or promotion of incest
Aggregating content for sexual gratification
Any sexual content involving minors
Prohibited Conduct
You will not violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort while using our service/platform.
You are responsible for your conduct while using our services. Without limiting the foregoing, you will not:
Use our services other than for their intended purpose
Use our services in a manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our services.
Sell, resell, or commercially use the LookPrior except as expressly permitted by us
Sell or offer via our service or platform anything that violates our terms of service
Send, distribute or post spam, unsolicited, or bulk commercial electronic communications, chain letters, or pyramid schemes.
Impersonate or post on behalf of any other person or entity or otherwise.
Reverse engineer any aspect of our services
Use the LookPrior service to infringe or violate intellectual property rights or any other person’s rights.
Develop or use third-party applications that interact with the LookPrior services without LookPrior’s prior written consent.
In case you engage in any of the conduct described above or similar conduct, LookPrior may suspend or terminate your rights to access the services.
Privacy
Privacy is important to us. We have a separate privacy policy available here
Listings
This service includes a forum where users may post and browse listings for goods, real estate, and services (each a “listing”).
Such listings are provided by users and not by us.
We do not sell, rent, or otherwise make available any goods, real estate, or services.
We are not responsible or liable for any such listings, for any transactions listings (except as set forth in the terms of use agreement.) Such listings do not constitute an offer from the company.
Users should use caution and common sense when buying, selling, leasing, hooking up, hiring, or otherwise participating in any transaction regarding a listing on LookPrior, or making or receiving payment for any listing.
The availability or promotion of a listing through LookPrior does not imply our endorsement of the listing or the provider. We do not make any representations whatsoever about a listing, or any users.
The information about and the availability of any listing are subject to change at any time without notice. You must ascertain and obey all applicable laws regarding the marketing, promotion, sale, purchase, delivery, receipt, possession, and use of the subject of any listing.
We reserve the right to remove any listing for any reason.
You represent and warrant that you have the necessary authority and permission to post any listing, to enter into any transaction, or to make any transfer relating to the listing, including if you are not of legal age to do so, by obtaining proper parental or guardian consent.
Buying and Selling
When a buyer and seller reach an agreement on products or service pricing, they have different options for completing and settling the transaction.
If the buyer and the seller agree, items may be paid for outside of the LookPrior services such as by cash, check, or by alternative means of payment as agreed upon.
Note that payments are made directly between the buyer and the seller when they complete the transactions under the terms they determine. Since payment is settled outside of the LookPrior platform, LookPrior is not a party to such transactions, does not facilitate such transactions, and may not assist with refunds or returns related to such transactions in any manner.
Taxation
You are responsible for any sales, use, duty, or other governments taxes or fees due with respect to a sale or a purchase through LookPrior services.
Duration of License
The licenses granted by you continue for a commercially reasonable period after you remove or delete your Content from the Service.
You understand and agree, however, that LookPrior may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
Removal of Content By LookPrior
If we reasonably believe that any Content is in breach of this Agreement or may cause harm to LookPrior, our users, or third parties, we may remove or take down that Content concerning our discretion.
We will notify you of the reason for our action unless we reasonably believe that to do so:
a. Would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for LookPrior or our Affiliates;
b.Would compromise an investigation or the integrity or operation of the Service; or
c.Would cause harm to any user, another third party, LookPrior, or our Affiliates.
Ownership Limited License
The services, including the content, (text, graphics, images, photographs, videos, illustrations, and other content contained therein) belong to LookPrior or our licensors and are protected under the United States and foreign laws.
Unless or
If you agree to the TC and
(1) Are of sufficient age and capacity to use LP and be bound by the TC, or
(2) use LP on behalf of a business, thereby binding that business to the TC,
we grant you a limited, revocable, non-exclusive, non-assignable license to use LP in compliance with the TC; unlicensed use is unauthorized.
You agree not to display, “frame,” make derivative works, distribute, license, or sell content from LP, excluding postings you create.
You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sub-licensable license to use, copy, display, distribute, and make derivative works from content you post.
Advertisers and Other Third Parties
LP services may contain advertisements and promotions from third parties or may provide links to third-party products or services. Your 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 the third party.
LookPrior is not responsible for and does not endorse, any features, content, advertising, products, services, or other materials on or available from the third-party websites or applications.
You agree that LookPrior shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred because of such dealings or because of the presence of such third-party advertisers or third-party information on the services.
Suspension / Termination
LookPrior may revoke or terminate your license to access or use the LookPrior services for any reason with or without notice at LookPriors discretion. We may terminate the service or suspend your account if:
i. You breach any obligation in these Terms of use or any other agreement between you and us;
ii. Violate any policy or guidelines applicable to the LookPrior written permission
iii. Use the LookPrior services other than as specifically authorized in these terms without our prior written permission
You will not be able to use or access LookPrior services if we suspend or terminate your license to access or use the LookPrior services.
We reserve the right but do not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the LookPrior services duat,ring suspension or after termination.
Terms of USE
Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general-purpose web browsers and email clients) or services that interact or interoperate with LP, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use.
- You agree not to copy/collect LP content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g. by hand).
- Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts.
- You agree not to post content that is prohibited by any of LP’s policies or rules referenced above (“Prohibited Content”).
- You agree not to abuse LP’s flagging or reporting processes.
- You agree not to collect LP user information or interfere with LP.
- You agree we may moderate LP access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account.
- You agree
- Not to bypass said moderation,
- We are not liable for moderating or not moderating, and
- Nothing we say or do waives our right to moderate, or not.
Unless licensed by us in a separate written or electronic agreement, you agree not to:
i. Rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available LP or our application programming interface (“API”),
ii. Copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide LP,
iii. Combine or integrate LP or the API with any software, technology, services, or materials not authorized by us,
iV. Circumvent any functionality that controls access to or otherwise protects LP or the API, or (v) remove or alter any copyright, trademark, or other proprietary rights notices.
You agree not to use LP or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other person’s rights, or that violates any applicable law.
Liquidated Damages
You further agree that if you violate the TC, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable for:
- Collecting/harvesting LP users’ information, including personal or identifying information;
- Publishing/misusing personal or identifying information of a third party in connection with your use of LP without that party’s express written consent;
- Misrepresenting your identity or affiliation to anyone in connection with your use of LP;
- Posting or attempting to post Prohibited Content;
- Posting or attempting to post Prohibited Content in any paid section of LP;
- Sending an unauthorized/unsolicited email to an email address obtained from LP;
- Using LP user information to make/send an unauthorized/unsolicited text message, call, or communication to an LP user;
- Creating a misleading or unlawful LP account or buying/selling an LP account;
- Abusing or attempting to abuse LP’s flagging or reporting processes;
- Distributing any software to facilitate violations of the USE section;
- Aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting LP content for any purpose without our express written consent;
- Bypassing or attempting to bypass our moderation efforts.
You agree that these are reasonable penalties for damages caused by you and not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above-liquidated damages or statutory damages under the anti-spam statute).
You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
Fees
When you make a paid posting, you authorize us to charge your account.
Any tax is additional.
Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
Disclaimer & Liability
To the full extent permitted by law, LookPrior, LLC., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“LP Entities”)
(1) Make no promises, warranties, or representations as to LP, including its completeness, accuracy, availability, timeliness, propriety, security or reliability;
(2) Provide LP on an “AS IS” and “AS AVAILABLE” basis and any risk of using LP is assumed by you;
(3) Disclaim all warranties, express or implied, including as to the accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) Disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with LP.
LP Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including, lost profits, revenues, data, goodwill, e.t.c., arising from or related to LP, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss.
Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.
Claims & Indemnity
Any claim, cause of action, demand, or dispute arising from or related to LP (“Claims”) will be governed by the internal laws of New Jersey, without regard to conflict of law provisions, except to the extent governed by US federal law.
Any Claims will be exclusively resolved by courts in Camden, NJ (except we may seek preliminary or injunctive relief anywhere). You agree to:
(1) submit to the personal jurisdiction of courts in Camden, NJ;
(2) indemnify and hold LP Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of LP; and
(3) be liable and responsible for any claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
Trademarks
LookPrior, “LP” and the peace symbol logo are registered trademarks with the U.S. Patent and Trademark Office and with multiple trademark offices around the world MISC.
Unless you have entered into a separate written or electronic agreement with us that expressly references the TC, this is the exclusive and entire agreement between you, and us and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
Users complying with prior written licenses may access LP thereby until authorization is terminated.
Our actions or silence toward you or anyone else does not waive, modify, or limit the TC or our ability to enforce it.
The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TC, and you will remain bound by those sections.
If a TC term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties.
Terminations and Suspensions by LookPrior for Cause
LookPrior may suspend or terminate your access to all or part of the Service if
(a) you materially or repeatedly breach this Agreement;
(b) we are required to do so to comply with a legal requirement or a court order; or
(c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third parties, LookPrior, or our Affiliates.
Terminations by LookPrior for Service Changes
LookPrior may terminate your access to all or part of the Service if LookPrior believes, in its sole discretion, that its provision of the Service to you is no longer commercially viable.
