As used in this Terms of Service, “Lookatmedia™,” “us” and “we” refer to Lookatmedia™ B.V. and its affiliates. The “Websites” means Lookatmedia™ websites, and the “Services” means Lookatmedia™ communications and messaging products, applications, and services, in each case in whatever format they may be offered now or in the future. The Websites and Services are collectively referred to herein as the “Offerings.”
This Lookatmedia™ Terms of Service is entered into by and between Lookatmedia™ and the entity or person placing an order for or accessing any Lookatmedia™ Offerings ("Customer" or "you"). If you are accessing or using the Offerings on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to "you" or "Customer" reference your company.
Lookatmedia™ may update the TOS at any time and without prior notice by posting a new version at https://media6.lookatmedia.me/terms-and-conditions. The information on this site and your use of it is subject to the most recent version of the TOS posted.
Description of Service
Lookatmedia™ provides a PR & Communications platform through a Software as a Service (SaaS) model and a variety of other services ("Offerings"). Unless explicitly stated otherwise, any new features or services that augment or enhance the current Offerings shall be subject to the TOS.
By indicating your acceptance of this agreement or accessing or using any Offerings, you are agreeing to be bound by all terms, conditions, and notices contained or referenced in this agreement. If you do not agree to this agreement, please do not use any services. For clarity, each partly expressly agrees that this agreement is legally binding upon it.
In consideration of your use of the Offerings, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Netherlands or other applicable jurisdictions. You also agree to:
Provide true, accurate, current, and complete information about yourself as prompted by the Offerings' registration form (the "Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Lookatmedia™ has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Lookatmedia™ has the right to suspend or terminate your account and refuse any and all current or future use of the Offerings (or any portion thereof).
You understand that all information, data, text, software, graphics, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Lookatmedia™, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Offerings. Lookatmedia™ does not control the Content posted via the Offerings and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will Lookatmedia™ 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 Offerings.
You agree to not use the Offerings to:
1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable or harm minors.
2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Offerings.
4. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or other relationships.
5. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
6. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation.
7. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
8. Disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in discussions or exchanges.
9. Interfere with or disrupt the Offerings or servers or networks connected to the Offerings, or disobey any requirements, procedures, policies or regulations of networks connected to the Offerings.
10. Intentionally or unintentionally violate any applicable local, state, national or international law,
11. "Stalk" or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above. You acknowledge that Lookatmedia™ may or may not pre-screen Content, but that Lookatmedia™ and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the Offerings and which violates the TOS. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent, and agree that Lookatmedia™ may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
1. Comply with legal process.
2. Enforce the TOS;
3. Respond to claims that any Content violates the rights of third parties.
4. Protect the rights, property, or personal safety of Lookatmedia™ its users and the public.
Content made available for inclusion on the Offerings
Lookatmedia™ does not claim ownership of Content you submit or make available for inclusion via the Offerings. However, with respect to Content you submit or make available for inclusion on the publicly available Offerings, you irrevocably grant Lookatmedia™ the perpetual, worldwide, royalty-free and non-exclusive license, with the right to sublicense through multiple tiers of sublicensees, to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content, in whole or in part, on the Offerings or other publications by Lookatmedia™ in any media whether now existing or which come into the existence into the future and to provide that information under the license set forth on the initial page of the Lookatmedia™ website. And for Content you submit for private discussions, you grant Lookatmedia™ the worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the associated private discussion group.
Lookatmedia™ agrees to use commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration or disclosure of any Service or Customer data. However, Lookatmedia™ will have no responsibility for errors in transmission, unauthorized third-party access, or other causes beyond Intercom's control.
Accessing the Offerings
Once you have access to the Offerings, you will receive a confirmation email, with information and instructions on how to set up your account. Please keep your passwords and personal information safe – it’s your responsibility. Please contact Lookatmedia™ support (hello@Lookatmedia.com.au) if you’re experiencing any trouble with getting access to the Offerings.
The Offerings may support integrations with certain Third-Party Platforms. In order for the Offerings to communicate with such Third-Party Platforms, you may be required to input credentials in order for the Services to access and receive relevant information from such Third-Party Platforms. By enabling use of the Offerings with any Third-Party Platform, you authorize Lookatmedia™ to access your accounts with such Third-Party Platform for the purposes described in this TOS. You are solely responsible for complying with any relevant terms and conditions of the Third-Party Platforms and maintaining appropriate accounts in good standing with the providers of the Third-Party Platforms. You acknowledge and agrees that Lookatmedia™ has no responsibility or liability for any Third-Party Platform or any data exported to a Third-Party Platform. Lookatmedia™ does not guarantee that the Offerings will maintain integrations with any Third-Party Platform and Lookatmedia™ may disable integrations of the Offerings with any Third-Party Platform at any time with or without notice to you. For clarity, this TOS governs your use of and access to the Offerings, even if accessed through an integration with a Third-Party Platform.
At the request of Lookatmedia™, you agree to the issuance of a joint press release ("Press Release") on a mutually agreed upon date or the 90th day from the Effective Date, whichever is earlier. Each party will have the right to approve the Press Release in advance, but such approval will not be unreasonably delayed or withheld. You also agree to participate in other reasonable marketing activities that promote the benefits of the Offerings to other potential customers and to use of Your name and logo on the Lookatmedia™ website and in Lookatmedia™ promotional materials. You agree that Lookatmedia™ may disclose you as a customer of Lookatmedia™.
Lookatmedia™ will provide the professional consulting services ("Professional Services") purchased in the applicable Service Agreement. The scope of Professional Services will be as set forth in a Statement of Work referencing this TOS and executed by both parties describing the work to be performed, fees, and any applicable milestones, dependencies, and other technical specifications or related information ("SOW"). Unless Professional Services are provided on a fixed-fee basis, you will pay Lookatmedia™ at the per-hour rates set forth in the Service Agreement (or, if not specified, at Lookatmedia™ then-standard rates) for any excess services. You will reimburse Lookatmedia™ for reasonable travel and lodging expenses as incurred. You may use anything delivered as part of the Professional Services in support of authorized use of the Offerings, but Lookatmedia™ will retain all right, title, and interest in and to any such work product, code, or deliverables and any derivative, enhancement, or modification thereof created by Lookatmedia™.
You agree to indemnify and hold Lookatmedia™ and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Offerings, your use of the Offerings, your connection to the Offerings, your violation of the TOS, or your violation of any rights of another.
Modifications to Offerings
You acknowledge that Lookatmedia™ may establish general practices and limits concerning use of the Offerings, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Offerings. You further acknowledge that Lookatmedia™ reserves the right to modify these general practices and limits from time to time. Lookatmedia™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Offerings (or any part thereof) with or without notice. You agree that Lookatmedia™ shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Offerings.
You agree that Lookatmedia™ may terminate your access to the Offerings for violations of the TOS and/or requests by authorized law enforcement or other government agencies.
Payment, Refunds, Upgrading, and Downgrading Terms
1. A valid credit card, debit card, or Paypal account is required for paying customers.
2. If you sign up for a subscription, you will be billed immediately for the first term of the plan. Your subscription will be upgraded immediately after the payment has been completed. At all times you can view the status of your subscription and change the settings on the Lookatmedia™ website.
3. The recurring subscription is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only the Netherlands (federal) taxes.
5. You can upgrade, downgrade or cancel your account at any time, this will take effect at your next billing cycle.
6. For any upgrade or downgrade in plan level, your credit card or debit card that you provided will automatically be charged the new rate on your next billing cycle or instantly, depending on when the new plan is effective.
7. Downgrading your subscription may cause the loss of content, features, or capacity of your Account. Lookatmedia™ does not accept any liability for such loss.
8. Upon failure of payment for any reason, your account will be suspended 30-days from the payment due date. Failure to provide an alternative payment method and successful payment within 60-days of the payment due date will result in the account being terminated. Terminated accounts are archived for 6-months, meaning that within 6-months of the termination date, you can login, update your payment details and recover your account. After 6-months, the entire account will be deleted from Lookatmedia™ servers.
9. Lookatmedia™ reserves the right to change the fees of the Offerings from time to time. Your account administrator will be notified by email at least 30-days in advance of fee changes.
The Offerings may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Lookatmedia™ has no control over such sites and resources, you acknowledge and agree that Lookatmedia™ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Lookatmedia™ shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such site or resource.
Disclaimer of Warranties
You expressly understand and agree that: Your use of the Offerings is at your sole risk. Offerings is provided on an "as is" and "as available" basis. Lookatmedia™ and its subsidiaries, affiliates, officers, employees, and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Lookatmedia™ and its subsidiaries, affiliates, officers, employees, and licensors make no warranty that:
1. The Offerings will meet your requirements.
2. The Offerings will be uninterrupted, timely, secure, or error-free and
3. The Results that may be obtained from the use of the Offerings will be accurate or reliable. No advice or information, whether oral or written, obtained by you from Lookatmedia™ or through or from the service shall create any warranty not expressly stated in the TOS.
Limitation of Liability
You expressly understand and agree that Lookatmedia™ and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Lookatmedia™ has been advised of the possibility of such damages), resulting from the use or the inability to use the Offerings.
Notice and Procedure for Making Claims of Copyright Infringement
Lookatmedia™ respects the copyright of others, and we ask our users to do the same. Lookatmedia™ may, in appropriate circumstances and at its discretion, disable and/or terminate the access of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Lookatmedia™'s Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a 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; 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.