You declare that by acceptance of this Agreement and/or by using the Services (as defined below) you are of legal age to form a binding contract with Loom or under the strict and continuous supervision of a parent or any other qualified legal guardian, and in any case, at least 18 years of age. You may not use the Services and may not accept this Agreement if you are a person barred from receiving the Services under the laws of the country in which you are resident or from which you use the Services.
ACCESS TO THE SERVICES
The http://www.loomsystems.com website and domain name, and any other linked pages, features, content, or application services offered from time to time by Loom in connection therewith (collectively, the “Website”) are owned and operated by Loom. . Loom may change, suspend or discontinue any services provided through the Website (together with the Website, the “Services” which term shall include, without limitation, the Content (as defined below) offered by Loom on the Website), at any time, including the availability of any feature, database, or content. Loom may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Loom reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail, to the address provided by you. You are responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Services. Loom does not provide you with the equipment to access and/or use our Services. You are responsible for all fees charged by third parties related to your access and use of the Services (e.g., charges by Internet service providers or air time charges).
Some of the Services may be governed by the terms of specific agreements between you and Loom to be entered into upon your purchase or acceptance of such Services, through the process provided in the Website (as applicable) (the "Specific Agreements"). In the event of any contradiction between this Agreement and any Specific Agreement, the terms and conditions of such Specific Agreement shall supersede and govern.
You represent and warrant to Loom that: (i) you are an individual (including if you are acting on behalf of a corporation) and you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You may not use the Services and may not accept this Agreement if you are a person barred from receiving the Services under the laws of the country in which you are resident or from which you use the Services.
WEBSITE CONTENT AND INTELLECTUAL PROPERTY OWNERSHIP
The Website and its contents are intended solely for the personal, non-commercial use of Website users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Website that are created and/or provided by Loom (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content”)) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Services pursuant to this Agreement or otherwise exploit any of the Content without Loom's explicit, prior written consent. The foregoing shall not apply to your own User Submissions that you post through the Services in accordance with this Agreement. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from Loom. Any reproduction or redistribution of materials not in accordance with this Agreement is explicitly prohibited and may result in the termination of your use of the Services as well as severe civil and criminal penalties.
Loom and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Content. You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Content, or rights to any derivative works thereof.
In the course of using the Services, you and other users may provide information which may be used by Loom in connection with the Services and which may be visible to certain other users, to the extent you provide those users with access to such information. If you allow other users to access the information or content you post on the Website (the “User Submissions”), you understand that Loom cannot control what those other users will do with your User Submissions. Your User Submissions are owned by you, and you are solely responsible for your conduct regarding and content included in your User Submissions. However, should you provide Loom with User Submissions, then, subject to the terms and conditions of this Agreement, you hereby grant Loom a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such User Submissions in any manner Loom chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Loom's and its sublicensees' products and content embodying such User Submissions in any manner and via any media Loom chooses, but without reference to the source of such User Submissions. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Loom will not be liable for any errors or omissions in such content, including without limitation in any User Submissions. You understand that Loom cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Loom cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content or User Submissions accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will Loom 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 in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Loom user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure.
You acknowledge that Loom has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content or User Submissions you access via the Services; what effects the Content or User Submissions may have on you; how you may interpret or use the Content or User Submissions; or what actions you may take as a result of having been exposed to the Content or User Submissions. You release Loom from all liability for:
The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Loom makes no representations concerning any content contained in or accessed through the Services and will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. THE SERVICES, CONTENT, USER SUBMISSIONS, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
You agree to indemnify and hold Loom, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following:
LIMITATION OF LIABILITY
IN NO EVENT SHALL LOOM OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I)FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF FEES PAID BY YOU OR US$ 100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND LOOM’S REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
THIRD PARTY WEBSITES
The Services may contain links to third party websites that are not owned or controlled by Loom, or the Services may be accessible by logging in through a third party website or service. When you access third party websites, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third party websites or services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Loom has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, Loom will not and cannot monitor, verify, censor or edit the content of any third party site.
By using the Services, you expressly release and hold harmless Loom, its officers, employees, agents, and successors in rights, from any and all liability arising from your use of any third party website. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Loom shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Loom is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Loom, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service.
This Agreement shall remain in full force and effect while you use the Services. Loom may terminate your access to the Services, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Loom may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Loom shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Loom’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Loom’s prior written consent. Loom may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel without regard to the conflict of laws provisions thereof and each party shall submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv, Israel. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Loom in any respect whatsoever. Loom reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement regularly for any changes. Your use of the Website and/or the Services following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. YOU AND LOOM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
It is Loom’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
If you have any questions, complaints, or claims with respect to the Services, you may contact us at: firstname.lastname@example.org.
Last Updated: March 24, 2016.
All rights reserved: Loom Systems Ltd.