Our attorneys at SafeLooking insist we provide you with this information regarding these terms and conditions (“Terms”) and you must accept these Terms now and from time to time, if the Terms change. Please read these Terms carefully because your acceptance will apply to all services in SafeLooking.com (“Site”) and our mobile application (“App”). By accessing or using our Site, App, and services, you agree to be bound by these Terms and to only use our services for its intended use. If you do not agree to all of these terms, do not access or use our Site, App, or services. If you do not agree to all of these terms, do not access or use our Site, App, or services.
As a subscriber, your membership payment is paid via credit card, PayPal or redeeming SafeLooking.com tokens on the Site or the App. Your use of certain services may be subject to additional terms and conditions, and such terms and conditions will be either listed in these Terms, or will be presented or accessible to you by SafeLooking when you sign up as a member. All such additional terms are incorporated by reference into these Terms unless otherwise indicated. These Terms do not alter in any way the terms or conditions of any other agreement you may have with SafeLooking for products, services or otherwise. All users of our site, whether registered or not, are “users” of the services for purposes of these Terms. If you register for the services by creating an account, you become a “Member”. These Terms and any policy or guidelines of the service may be modified by SafeLooking in its sole discretion at any time. SafeLooking shall provide notice of any such modification, which notice shall, at a minimum, consist of posting the revised agreement to the website. When we change the agreement, we will update the “last revised” date at the top of this page.
ELIGIBILITY
By accessing or using the services by setting up an account on the Site or App, you represent and warrant that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from SafeLooking.com; (c) you have the right, authority and capacity to enter into and to abide by all of the Terms; (d) you are not a competitor of SafeLooking using the services for reasons that are in competition with SafeLooking or other than for its intended purpose; and (e) you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed, (ii) identified as a “Specially Designated National” or (iii) placed on the Commerce Department’s Table of Deny Orders.
USE OF THE SERVICES
You agree that you will only use the services on the Site and App, including the posting of any content through the services, in a manner consistent with these Terms and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. Use of the services is void where prohibited. All information and content on the Site and App, along with any intellectual property rights therein are the exclusive property of Safelooking.
a. Member Account.
You will create only one unique profile when using SafeLooking.com by creating an account on the Site or the App. You can use your Facebook login credentials to create an account with us, but in doing so, you authorize us to access, display, and use specific information from your Facebook account, such as profile pictures, location, public profile information, friends lists, and interests. You will not include any telephone numbers, street addresses, URLs, multimedia, artworks downloaded from external sources, email addresses or any other contact information in your profile or in any other publicly viewable user content or other communications made in connection with your use of SafeLooking.com. Additionally, you will not include your last name in your dating profile. You understand and agree that anyone may be able to view any information you choose to make publicly available.
b. Account Security.
You understand that you are responsible for maintaining the confidentiality of the username and password of your account, and you are fully responsible for all activities that occur under your username and password. If you suspect any unauthorized use of your username or password or any other breach of security, you agree (a) to immediately notify SafeLooking using the “Contact Us” page, (b) not to use the account, profile, username or password of any other member, and (c) to use particular caution, including logging off at the end of each session when accessing your account from a public or shared computer or device so that others are not able to view or record your password or other personal information. You acknowledge that SafeLooking is not responsible for any loss or damage arising from the theft or misappropriation of your username or password. We recommend that you use a strong password for your account, never use the same password on multiple sites or services, and change your password frequently.
c. Exclusive Use.
You will only use the services for your sole, personal use and not in connection with any commercial endeavors. You will not authorize others to use the services or otherwise attempt to transfer your right to use the services to any other person or entity.
d. Interactions with Other Users.
You assume all risk when using SafeLooking, including but not limited to all risks associated with any online or offline interactions with others, including in-person meetings. You acknowledge that, currently, SafeLooking does not screen its users, inquire into the background of its users, attempt to verify information provided by its users or conduct criminal screenings and/or verifications of its users. You further acknowledge that SafeLooking is under no obligation to conduct any such investigations. Background checks are optional. If a member chooses to conduct a background check using a verified subscription through the Site, it is their choice and is done through the verification process when registering as a member of SafeLooking.com. The verification process is completed by a 3rd party company, with all payments and information collected and/or related to the background check will remain with 3rd party company, and are not shared or available to SafeLooking. Once SafeLooking receives a positive verification from 3rd party company, SafeLooking will add the “Verified” icon to your profile. Verification process is not mandatory but is highly recommended, it will help you feel more confident in the choices you are making regarding who to communicate with and who not to. SafeLooking wants you to have the best user experience possible and by adding the verification process to your profile, members can feel confident that there is another level of transparency in using SafeLooking. SafeLooking does not make any representations, warranties or guarantees as to the conduct of its users, information provided by its users, their safety, your safety, or their compatibility with you. You agree to take any and all necessary precautions when meeting other users, especially if you decide to meet in person, there is no substitute for acting with caution when communicating with any stranger who wants to meet you, always use your best judgement and take appropriate safety precautions when communicating with or meeting new people.
e. No Commercial Solicitation or Advertising.
You will not engage in any commercial activities, such as advertising or solicitation to buy or sell any products or services through the use of the Site or App. You will not transmit any chain letters, junk or spam email to other users. Additionally, you will not use any information obtained from SafeLooking in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
SafeLooking is not responsible or liable in any manner for the conduct of its users, whether or not such conduct is in connection with the use of the Site and the App. You acknowledge that your use of all services on SafeLooking.com is at your own risk. You agree not to do any of the following in connection with use of the Site, the App, or the users thereof:
• use in any unlawful manner or in a manner that is harmful to or violates the rights of others; • engage in any unlawful, harassing, obscene, pornographic, violent, intimidating, discriminating, threatening, predatory or stalking conduct; • use in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Site or App or interfere with or attempt to interfere with any other user’s use of SafeLooking.com; • impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity; • use anyone else’s photo without their consent; • use the Site or App for any commercial use or promote or solicit involvement in or support of a political platform, religion, terrorism, cult, or sect; • defraud, swindle or deceive other users of SafeLooking.com or SafeLooking; • disseminate another person’s personal information without his or her permission, or collect or solicit another person’s personal information for commercial or unlawful purposes; • solicit or engage in gambling or any similar activity or any illegal or unlawful activity; • use any scripts, bots or other automated technology to scrape or access the service; • use any spyware, trojan horses, viruses, adware, or other unauthorized malicious software, hardware, network, servers, or other equipment; • collect or solicit personal information about anyone under 18; • infringe on someone else’s intellectual property rights; • use the Site or the App for any phishing, trolling or similar activities; • use the Site or the App to interrupt, redirect users to other sites, or encourage users to visit other sites; • harvest or collect email addresses or other contact information of other users by electronic or other means or use the Site or the App to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming activities; • attempt to access areas of the Site or the App that you are not authorized to access; or • permit or allow other people or third parties to access and use SafeLooking.com via your account.
g. Reporting Violations.
If you wish to report any violation of these Terms by others, including members, you may do so by contacting us at Contact Us page.
h. Verification and Enforcement.
You understand and agree that if SafeLooking believes, in its sole discretion, that you have violated the Terms, misused SafeLooking.com or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, SafeLooking.com may, among other things, investigate, take legal action against you and/or terminate your account and cancel your membership.
USER CONTENT
You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to SafeLooking using the Site or the App, including content intended for other users (collectively referred to as a “Post”), including without limitation messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information (your submissions and those of other users, collectively, are “User Content”). SafeLooking does not control, take responsibility for or assume liability for any user content posted by you or any third party, or for any loss or damage thereto, nor is SafeLooking liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter. You are solely responsible for your use of the services and use them at your own risk.
a. Accuracy of Information.
You will not post any inaccurate, misleading, incomplete or false information or user content to the Site or the App or to any other user. You agree that all images posted to your dating profile are of you and were taken within the last 2 years and agree to update your dating profile accordingly. You may be required to supply certain information and post a photo of yourself to use SafeLooking.com
b. No Duty to Review User Content.
Although you understand and acknowledge that SafeLooking has no duty to prescreen, review, control, monitor or edit the user content posted by users and is not liable for user content that is provided by others, you agree that SafeLooking may, at its sole discretion, review, edit, reject, refuse to accept or delete user content at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any user content you post or store on SafeLooking.com at your sole cost and expense. This includes SafeLooking’s right to modify, crop or “photoshop” any photos you submit to comply with SafeLooking.com’s policies, practices and procedures.
c. License of User Content.
SafeLooking claims no ownership or control over your user content, except as otherwise specifically provided herein. By submitting or posting user content, you automatically grant, represent and warrant that you have the right to grant, to SafeLooking, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such user content furnished by you and to prepare derivative works of, or incorporate into other works, such information and user content, and to grant and authorize sublicenses of the foregoing in any medium. You represent and warrant that the user content and the public posting and use of your user content by SafeLooking will not infringe or violate any third-party rights, including without limitation any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate the Terms. You further represent and warrant that you have the written consent of each and every identifiable natural person in your user content to use such person’s name or likeness in the manner contemplated by SafeLooking and these Terms, and each such person has released you from any liability that may arise in relation to such use. By posting user content, you hereby release SafeLooking and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your user content.
d. Use of Proprietary Information of Others.
You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or servicemarked/trademarked or other proprietary information or materials, including any user content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through SafeLooking may have copyright protection whether or not it is identified as being copyrighted.
e. Prohibited Content.
You will not post, transmit or deliver to any other user, either directly or indirectly, any user content that violates any third-party rights or any applicable law, rule or regulation or is prohibited under these Terms or any other SafeLooking policy governing your use of the Site and App (“Prohibited Content”). Prohibited Content includes without limitation 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 third party; • may infringe or violate any patent, trademark, servicemark, trade secret, copyright or other intellectual or proprietary right 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; or • is, in the sole judgment of SafeLooking, objectionable or restricts or inhibits any person from using or enjoying SafeLooking.com or exposes SafeLooking.com or its users to harm or liability of any type.
f. Submissions.
Separate and apart from the user content you provide as part of your use of SafeLooking.com, you can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information relating to SafeLooking.com and our services (collectively, “Submissions”). Submissions, whether posted to the Site or the App or provided to SafeLooking.com by email or otherwise, are non-confidential and shall become the sole property of SafeLooking. SafeLooking shall exclusively own all right, title and interest, including without limitation all intellectual property rights, in and to any and all Submissions. SafeLooking shall be entitled to the unrestricted use and dissemination of any Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
SOCIAL SETWORKING SITES.
When you have enabled the use of SafeLooking.com through a third-party social networking or similar site or mobile or other application such as Facebook, Google+, Instagram, or Twitter, you permit SafeLooking.com to access certain information about you that is made available to SafeLooking through or from that social networking site. The information obtained by SafeLooking varies by social networking site and may be affected by the privacy settings you establish at that social networking site, but can include information such as your name, profile picture, network, gender, username, user ID, age range or birthday, language, location, country, interests, contacts list, friends lists or followers and other information. By accessing or using our services through a social networking site, you are authorizing SafeLooking to collect, store, retain and use, in accordance with our Privacy Policy at https://safelooking.com/PrivacyPolicy, any and all of your information that SafeLooking has obtained from the social networking site. Depending on the social networking site and your privacy settings, SafeLooking may also post information to your social networking site. Your agreement to the foregoing takes place when you “accept” or “allow” or “go to” (or other similar terms) our application on a social networking site or the transfer of information to SafeLooking from such site. If there is information about your “friends” or people you are associated with in your social networking site account, the information we obtain about those persons may also depend on the privacy settings such people have with the applicable social networking site. You acknowledge and agree that SafeLooking is not responsible for, and has no control over, any applicable privacy settings on any social networking sites (including any settings related to any messages or advertisements about SafeLooking that the social networking site may send to you or your friends). You should always review, and if necessary, adjust your privacy settings on social networking sites before getting or using applications such as ours or linking or connecting your social networking site account to SafeLooking.com.
PRIVACY
Hyperlink the Privacy Policy Any private personal information SafeLooking collects will not be disclosed publicly. You understand and agree that if you post any content, information or material of a personal or private nature in your profile or in any public areas or post or provide to SafeLooking.com any information or content which is intended to be shared with other users, such content, information and materials will be shared with others accordingly, and you hereby consent to such sharing. You understand that by using the Site and the App, you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our privacy policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States or any other country in which we process your data or make SafeLooking.com available. You also consent to receive emails from us in connection with the use or promotion of SafeLooking.
INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE
Except for your user content, SafeLooking.com and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, designs, illustrations, SafeLooking logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, information, data, other files and the arrangement thereof and user content belonging to other users, and all intellectual property rights related thereto, are the exclusive property of SafeLooking and its licensors (including other users who post user content to SafeLooking.com). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights of SafeLooking. You are granted a limited, non-sublicensable license to access and use SafeLooking.com, subject to these Terms. You agree that you will not (i) copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the proprietary materials of SafeLooking or cause others to do so; (ii) “frame” or “mirror” any part of SafeLooking.com, without our prior written authorization; (iii) use meta tags or code or other devices containing any reference to SafeLooking.com in order to direct any person to any other website for any purpose; (iv) resell or make any commercial use of SafeLooking.com; (v) use any data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from SafeLooking.com; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through SafeLooking.com; (vii) use any automated methods or processes to create user accounts or access SafeLooking.com; or (viii) use the proprietary materials or SafeLooking.com other than for their intended purpose. Any use of SafeLooking.com or proprietary materials other than as expressly authorized herein, without the prior written consent of SafeLooking, is strictly prohibited and will violate and 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, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. SafeLooking reserves all rights not expressly granted herein. This license is revocable at any time.
REPEAT INFRINGER POLICY
If you become aware of any violation of any intellectual property laws (in particular with respect to user content) you should report this to us by emailing us at Contact Us page, including your name and address, details of the location of the content in question and details of the unlawful nature of the activity or the content. SafeLooking reserves the right to terminate, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers. SafeLooking may also, in its sole discretion, limit access to SafeLooking.com and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
COPYRIGHT POLICY
If you are a copyright owner or an agent thereof and believe that anything on the sites infringes upon your copyrights, you may submit a notification of infringement pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our website (please include URLs to help us identify the material); (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. SafeLooking’s designated Copyright Agent to receive notifications of claimed infringement is support@SafeLooking.com. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES. Please note that this procedure is exclusively for notifying SafeLooking and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with SafeLooking’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
TRADEMARKS
SafeLooking, SafeLooking.com, SafeLooking.com’s logos and any other trade name or slogan contained in SafeLooking.com are trademarks or service marks of SafeLooking, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of SafeLooking.com or the applicable trademark holder. In addition, the look and feel of SafeLooking.com, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of SafeLooking.com 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 in SafeLooking.com 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.
HYPERLINKS
You are granted a limited, freely revocable, non-exclusive right to create a text hyperlink to the SafeLooking.com websites for noncommercial purposes, provided such link does not portray SafeLooking.com or SafeLooking in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site is not directed at children and 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 SafeLooking’s logo or proprietary graphics to link to any SafeLooking.com website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any SafeLooking trademark, logo or other proprietary information, including the images found on SafeLooking.com, the content of any text or the layout/design of any page or form contained in SafeLooking.com without SafeLooking’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 SafeLooking or any third party. SafeLooking. 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 SafeLooking.com. Such sites are not under the control of SafeLooking and SafeLooking is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. SafeLooking provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by SafeLooking of any site or any information contained therein. When you leave SafeLooking.com, you should be aware that these Terms 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 SafeLooking.com. You understand and agree that you access any such third-party sites and services at your own risk.
THIRD PARTY CONTENT
SafeLooking may provide third party content on SafeLooking.com 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. SafeLooking does not control, endorse or adopt any third party content and makes no representations or warranties of any kind regarding the third party content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that SafeLooking 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.
ADVERTISERS AND OTHER THIRD PARTIES
SafeLooking.com may contain advertisements and promotions from third parties or may otherwise provide information about or 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 such third party. SafeLooking is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third party sites. You agree that SafeLooking shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third party advertisers or third party information on SafeLooking.com. We will use cookies to maximize your experience on SafeLooking.com
Paid Service
General. If you purchase any services that we offer for a fee, such as a membership to our Site or virtual gifts, you authorize SafeLooking and our designated payment processors to store your payment information and other related information. All fees and charges are final and non-refundable, there are no refunds or credits for any partially used Paid Services (including partially used membership periods) except (i) as expressly set forth in these Terms, (ii) as otherwise required by applicable law and (iii) at SafeLooking’s sole and absolute discretion. Fees for the Paid Services may be payable in advance, in arrears, per usage or as otherwise described when you initially purchase the Paid Services. All prices for Paid Services are subject to change without notice.
Payment Method. SafeLooking accepts payment by credit card, PayPal or SafeLooking.com tokens. You authorize SafeLooking to charge you for paid services via one of the payment methods on file for each purchase or paid membership. We may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your payment method, such as updated expiration dates or account numbers. Certain payment methods, such as credit cards, may involve agreements between you and the financial institution, credit card issuer.
Renewal of Memberships. SafeLooking will notify members regarding renewal via email as well as through the member’s profile. If you do not renew your paid membership it will automatically be converted to a basic membership. If you do renew your membership this will require you to enter your credit card information again as SafeLooking does not store any credit card information. As a member you acknowledge and agree that your payment method will be charged for such membership fees.
Cancellation of Memberships. To change or cancel your membership at any time, please contact us at Contact Us page.
Current Information Required. You agree to provide current, complete and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number or credit card expiration date) as necessary for the processing of all payments that are due to SafeLooking. You agree to promptly notify SafeLooking if your credit card is canceled (for example, due to loss or theft) or if you become aware of a potential breach of security related to your credit card. If you fail to provide any of the foregoing information, you acknowledge that your credit card may continue to be charged for paid services and you remain responsible for all such charges.
Virtual Products. Please see our Virtual Goods Terms of Use for additional terms applicable to the purchase of virtual products offered by us. There is a 30-day waiting period to redeem any SafeLooking.com tokens.
MOBILE SERVICES
You may access and use certain features of the Services using certain mobile devices, including through our SMS service (“Mobile Services”). Your access and use of the Mobile Services is subject to these Terms, including without limitation the and submission of User Content, as well as any additional terms presented to you for your acceptance when you sign up to use our Mobile Services. Please note that by accessing or using the Mobile Services, your carrier’s normal rates and fees, such as standard message and data rates, still apply and you are solely responsible for the payment of those fees. If you sign up for our SMS service, we estimate a frequency of approximately 10 messages per month, but the actual number depends on user activity and may vary significantly. You can change the settings at any time if you decide to stop receiving SMS messages from us. In the event you change or deactivate your mobile telephone number, you agree to update your account information on the Site or the App within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
DOWNLOADABLE APPLICATIONS
By using any downloadable application to enable your use of SafeLooking.com, you are expressly confirming your acceptance of the terms and conditions of any End User License Agreement, or similar agreement, associated with the application provided at download or installation, or as may be updated from time to time.
DISCLAIMERS
SAFELOOKING PROVIDES THE SITE, THE APP, ALL MEMBER CONTENT, ALL PROPRIETARY MATERIALS, AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SAFELOOKING DOES NOT REPRESENT AND WARRANT THAT (A) YOUR USE OF SAFELOOKING.COM WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SAFELOOKING DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE DELIVERY OF ANY MESSAGES. SAFELOOKING DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS SUBSCRIBING TO OR USING THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS. THEREFORE, SAFELOOKING DISCLAIMS ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. SAFELOOKING DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN SAFELOOKING. UNDER NO CIRCUMSTANCES WILL SAFELOOKING BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAFELOOKING, ITS AFFILIATES, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, 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 RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SAFELOOKING, OR THAT RESULTS 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 SAFELOOKING’S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL SAFELOOKING’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR PAID SERVICES PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS OR (2) $50. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAFELOOKING BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Indemnity. You agree to defend, cooperate, indemnify and hold SafeLooking, its subsidiaries and affiliates, and each of their directors, officers, members, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, debts, expenses or demand, including reasonable attorney’s fees, due to or arising from (i) your use of or access to the Site or the App or any services from SafeLooking, including any data or content transmitted or received by you, or your inability to use the Site or the App; (ii) any claim or damages that arise as a result of any of your user content or any user content that is submitted via your account (iii) your conduct in connection with SafeLooking.com or our users, (iv) your violation of any of these Terms , including without limitation your breach of any of the representations and warranties above, (v) your violation of any rights of a third party, including without limitation any right of privacy or intellectual property rights; (vi) any other party’s access and use of SafeLooking.com with your unique username, password or other appropriate security code or (viii) your violation of any applicable laws, rules or regulations. We retain the exclusive right to settle any claim without your consent.
TERMINATION
Unless otherwise provided, these Terms are effective upon your first use of the Site or the App using SafeLooking services and shall remain in effect until it is terminated in accordance with these Terms. Termination by SafeLooking. Notwithstanding anything to the contrary in these Terms, SafeLooking may suspend, deactivate or terminate your account and your right to use SafeLooking.com and may block or prevent your access to and use of SafeLooking.com at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation blocking users or members from certain IP addresses). We also reserve the right to remove or block access to your account information, user content or data from SafeLooking.com and any other records at any time at our sole discretion. In the event that we determine that your access to any of the services is terminated or suspended for cause, such as due to any breach of these Terms, flagged conduct or content, third party complaints or the implementation of our repeat infringer policy, you agree that all fees then paid to SafeLooking by you will be nonrefundable, except as otherwise provided by law, and all outstanding or pending payments under the terms of your membership will immediately be due and payable. All decisions as to the refundability of the fees are at SafeLooking’s sole discretion.
Termination by You. You may deactivate or terminate your account at any time, for any or no reason, by contacting us as described above. Except as otherwise provided by law or under these Terms, you will not be entitled to any refund of the fees you have paid to SafeLooking and all outstanding or pending payments under the terms of your membership will immediately be due and payable. If you have any questions about these Terms, you may contact SafeLooking by emailing us at Contact Us page.
Additional Information. You agree that these Terms shall be governed in all respects in accordance with the laws of the State of Texas without regard to the conflict or choice of law rules thereof. The courts sitting in the state of Texas, federal and state shall have exclusive jurisdiction over any dispute arising hereunder, and you waive any objection based on an inconvenient forum. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Safelooking as a result of these Terms or use of the Site or the App. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that you will not file or participate in a class action against us. If these Terms are translated in another language and a discrepancy arises, the English version of these Terms shall control.
These Terms represent a binding legal agreement between you as a user of SafeLooking.com and Safe and Secure Family LLC D.B.A SafeLooking P.O. Box 131882, The Woodlands, TX 77393