These Terms of Service (“Terms”) are between you and Loomit. (“Loomit”). These Terms govern your access to and use of our services, including our Loomit mobile applications (“Apps”), our websites and channels, including the website located at loomit.co (collectively the “Services” or “Loomit”), and any videos, live videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with Loomit and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Loomit provides are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Loomit may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Loomit on the Services are subject to change. In consideration for Loomit granting you access to and use of the Services, you agree that Loomit and its subsidiary, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Loomit account (such as an Social Account or your email). Loomit cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Loomit be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
We may offer you the opportunity to invite your friends or contacts to view your Content or otherwise enjoy the Services. If you choose to invite one or more of your friends or contacts using text messaging (SMS), we may suggest content for the message. You may be able to edit that suggested content, and if you choose to send text message invitations, those messages will be sent from the native SMS application on your device. If you do choose to send such invitations, you represent to Loomit that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited.
You retain your rights to any Content you submit on or through the Services. In order to make the Services available to you and other users, Loomit needs a license from you. By submitting Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Loomit to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Loomit for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Loomit, or other companies, organizations or individuals who partner with Loomit, may be made with no compensation paid to you with respect to the Content that you submit, post, or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Loomit will not be responsible or liable for any use of your Content by Loomit in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. You also represent and warrant that neither your Content, nor your use and provision of your Content to be made available through the Services, nor any use of your Content by Loomit on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Rights in Content Granted by Loomit
Subject to your compliance with these Terms, Loomit grants you a limited, non-exclusive, non-transferable license to access and view the Content posted by other users via the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Loomit gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Loomit as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Loomit, in the manner permitted by these Terms.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Loomit and its licensors. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Loomit reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Loomit, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend and or terminate users or reclaim usernames without liability to you.
You may NOT post Content that:
You may not do any of the following while accessing or using the Services:
Loomit respects copyright law and expects its users to do the same. It is Loomit’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
The Terms will continue to apply until terminated by either you or Loomit as follows.
You may end your legal agreement with Loomit at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at email@example.com.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, 12, 13.
Nothing in this section shall affect Loomit's rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
You will indemnify and hold harmless Loomit and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your Content, or (iii) your violation of these Terms.
Please read this section carefully since it limits the liability of Loomit and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Loomit Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, LOOMIT ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Loomit Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Loomit Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Loomit Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LOOMIT ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE LOOMIT ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.K. STERLING (£100.00) OR THE AMOUNT YOU PAID LOOMIT, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE LOOMIT ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
The failure of Loomit to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. You may not assign or transfer these Terms, by operation of law or otherwise, without Loomit’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Loomit may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Loomit under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
We may revise these Terms from time to time, the most current version will always be at http://loomit.co/terms. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Loomit, 7 Archway Mews, SW15 2PE, UK. If you have any questions about these Terms, please contact us.
Information Collected or Received from You
Creating an Account and Profile Information
If you create a Loomit account, you will provide us with certain information that can be used to identify you, such as your name, email address, and gender (“Personally Identifiable Information” or “PII”). If you create a Loomit account using your login credentials from one of your social accounts (“Social Account”), we’ll be able to access and collect your name and other PII that your privacy settings on the Social Account permit us to access. If you create a Loomit account through one of your Social Accounts, we may also collect your name, gender, date of birth, and other information that is not considered PII because it cannot be used by itself to identify you.
Use of your information
Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your account, if you are an account holder), and to enable you to enjoy and easily navigate our Services. In addition, we may use your information to send you information about our Services, respond to your requests and facilitate your use of the Services. We may also use your information to send you e-mails and materials that directly promote our Services.
In addition to profile information, if you choose to enable your computer or mobile device to send us location information we may collect and store information about your location by converting your IP address into a rough geo-location or by accessing your mobile device’s GPS coordinates or coarse location. We may use and store information about your location, to provide features of our Services, such as tagging a stream with a location, and to improve and customize the Services with Content that has been tagged near your location. If you do not want us to collect location information, you may disable that feature on your mobile device.
We may keep track of how you interact with links across our Services, including our email notifications, third-party services, and Apps, by redirecting clicks or through other means. We do this to help improve our Services, for example to provide relevant advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.
Like many websites, we use “Cookie” technology to collect additional information, including website usage data, and to improve our Services. A Cookie is a small data file that is placed on your computer’s hard disk by a Web server when you access our Services. Loomit may use both session Cookies and persistent Cookies to identify that you’ve logged in to the Services, to better understand how you interact with our Services, to monitor aggregate usage and web traffic routing on our Services, to customize and improve our Services and to identify if you are logged to a Social Account. Unlike persistent cookies, session Cookies are deleted when you log off from the Services and close your browser. Most Internet browsers automatically accept Cookies. If you do not want cookies from Loomit or other websites, you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a cookie from the websites you visit. However, some Services may not function properly if you disable Cookies.
“Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).
Our servers automatically record information (“Log Data”) created by your use of the Services. Log Data may include information such as your IP address, browser type, operating system, the referring web page you were visiting before accessing our Services, pages visited, location, your mobile carrier, device and application IDs, search terms, the links on our Services that you clicked on, streams videos that you watched, access date and time spent on pages and features of the Services and other statistics and Cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, view videos hosted by Loomit, or interact with our email notifications. Loomit uses Log Data to provide our Services and to measure, customize, and improve them. For instance, Loomit may provide you with recommendations based on your use of the Services.
Information Sent by Your Mobile Device
We collect certain information that your mobile device sends when you use our Services, like a device identifier, user settings and the operating system of your device, as well as information about your use of our Services.
We will not share any PII that we have collected from or regarding you except as described below:
Information Shared with the Public
Loomit is a social shopping platform and, except for your log-in credentials (like your email and passwords) which are not available to the public, the information you provide and Content you submit when using the Services is public. This means that not only is the Content that you post publicly available, so is the data provided with such Content (such as, but not limited to, when it was posted), and other activity information like the accounts you follow or that follow you, the number of users who clicked on a particular link, or the Content that you like or comment on (“Usage Information”). In addition to your Content, and Usage Information, your PII associated with your account (like your profile information which includes your username, photograph and biography) is broadly and instantly disseminated to a wide range of users and other services that access Loomit. For instance, your profile information and Content may be accessed via our APIs by our partners and other third parties, including developers and publishers, that integrate with our Services. When you share information or Content via the Services, it’s a good idea to be thoughtful about what you share with the public!
Information Shared with Service Providers
We engage third-party service providers to perform functions and provide services to us in the United Kingdom and abroad. These third-party service providers only have access to your PII for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your PII for any other purpose.
Information Shared with Third Parties
We may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling and other similar purposes.
Information Disclosed for Our Protection and the Protection of Others
We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.
Information Disclosed in Connection with Business Transfers
Information that we collect from our users, including PII, is considered to be a business asset. In the event that Loomit is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your PII, may be sold or transferred to a third party as part of that transaction.
We offer you choices regarding the collection, use and sharing of your PII and we’ll respect the choices you make. Please note that if you decide not to provide us with the PII that we request, you may not be able to access all of the features of the Services.
If you are a registered user of our Services, we may provide you with tools and account settings to access or modify your PII associated with your account, such as your profile photograph, name, username and biography. If the functionality for modifying your account is not available you can contact us at firstname.lastname@example.org with your request. You can also permanently delete your Loomit account or request that we delete your PII, by contacting us at email@example.com . We’ll take steps to delete your information as soon we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.
We take reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
Our Site does not have the capability to respond to “Do Not Track” signals received from various web browsers.
Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United Kingdom and choose to provide your PII to us, we may transfer your PII to the United States and process it there.
Our Services are not directed to persons under 13. We do not knowingly collect PII from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information from our files as soon as possible and terminate the child’s account.
Loomit, Inc., which operates the Loomit service, (“Loomit”) respects the intellectual property rights of others and expects its users to do the same.
It is Loomit’s policy to terminate in appropriate circumstances and at its discretion account holders or subscribers who repeatedly infringe or who are repeatedly charged with infringing the rights of copyright holders.
You may also email Notices to firstname.lastname@example.org
Loomit reserves the right to forward the information provided in your Notice to the person who provided the allegedly infringing material. Your claimant information may be published on the Sites in place of disabled material.