Last updated: March 4, 2020
1. Loom’s Services. Loom provides apps ("APP"), an application program interface (“API”), and software development kits (“SDK”) that you can use to create three-dimensional face avatars with animatable and expressive faces (“Avatars”). The API, SDK, and all software or other intellectual property used in connection with such shall be referred to herein as the “Service”.
b. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13. If you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
We make no promise that the Service will be able to accommodate your precise storage needs. We reserve the right to set storage limits for your Content, and we may change these limits from time to time in our sole discretion. Your use of our Services may take up space on your device and may incur mobile data charges.
6. Content Restriction. When you use the Service, you may use or provide Content. You are solely responsible for the Content that you enter into or store in the Service or use, upload, link to, or otherwise use in connection with the Service. You agree that Loom is not responsible for your use of Content, whether that Content is your own or is the Content of third parties. Loom does, however, at its sole discretion, reserve the right to review, remove or restrict the use of any Content, for any reason or no reason, in connection with the use of the Service. When you use the Service, you agree to the following:
You are solely responsible for your Account and use of the Service;
You will not enter into or store in the Service Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content;
You may not enter into or store in the Service or use Content that violates or infringes on any third party’s rights of publicity, privacy, copyright, trademark or other intellectual property right;
You may not enter into or store in the Service or use Content that is intended to be used to bully, defame, harass and intimidate;
· circumvent or manipulate the Loom fee structure, billing process, or other fees owed to Loom;
· publish on or upload to the Site or Services anything unlawful, misleading, malicious, or discriminatory (including but not limited to Content, or links to Content, which include or promote pornography, graphic violence, threats, hate speech, or incitements to violence;
· access or attempt to access any other Loom systems, programs, data or accounts that are not made available for public or your use;
· except as allowed with respect to backups of your data, copy, reproduce, republish, upload, post, transmit, resell or distribute in any way any material from the Site or Services;
· work around any technical limitations in the Site or Services, use any tool to enable features or functionalities that are otherwise disabled in the Site or Services, or decompile, disassemble, or otherwise reverse engineer the Site or Services except as otherwise permitted by applicable law; perform or attempt to perform any actions that would interfere with the proper working of the Site or Services, prevent access to or the use of the Site or Services by Loom’s other licensees or customers, or impose an unreasonable or disproportionately large load on Loom’s infrastructure;
· frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Loom or the Site or Services or use any Loom trademark or service marks, unless authorized to do so in writing by Loom;
· attempt to probe, scan, or test the vulnerability of any Loom system or network or breach any security or authentication measures;
· attempt to access or search the Site or download content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Loom or other generally available third-party web browsers;
· send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
· impersonate or misrepresent your affiliation with any person or entity; or
8. Copyright Complaints. All content that you enter into or store in the Service or use on the Service must comply with U.S. copyright law, depending on jurisdiction. If you are the copyright owner or an agent thereof and believe, in good faith, that any materials currently being used in connection with the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Loom’s designated copyright agent at email@example.com:
· The date of your notification;
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
· A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
· Information reasonably sufficient to permit Loom to contact you, such as an address, telephone number, and/or email address;
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
11. IMPORTANT DISCLAIMERS. THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, LOOM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LOOM MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Loom assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, data loss, theft or destruction or unauthorized access to, or alteration of, any communications. Loom is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to your or any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site or the Service.
13. WAIVER OF JURY TRIAL. EACH OF THE PARTIES WAIVES ITS RIGHTS TO A TRIAL BY JURY OF ALL CLAIMS OR CAUSES OF ACTION (INCLUDING COUNTERCLAIMS) RELATED TO OR ARISING OUT OF THIS AGREEMENT BROUGHT BY EITHER PARTY AGAINST THE OTHER. THIS WAIVER WILL APPLY TO ANY SUBSEQUENT AMENDMENTS OF OR MODIFICATIONS TO THIS AGREEMENT.
14. WAIVER OF CLASS ACTION. All claims between the parties related to this Agreement will be arbitrated or litigated individually and you will not consolidate or seek class treatment for any claim with respect to the Service.
15. Arbitration, Class Waiver and Jury Waiver. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH LOOM, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM LOOM.
· Arbitration Agreement. All claims and disputes arising from your use of the Service or these Terms or the Use will be resolved by binding arbitration, except that you and Loom are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged use unlawful use of intellectual or proprietary property.
· Rules of Arbitration. The Federal Arbitration Act governs the interpretation and enforcement of these dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select a mutually agreeable method of arbitration. The arbitration will be conducted by a neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at Loom’s election. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
· Non-Appearance Arbitration Rules. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, any other form agreeable by the parties, or any combination thereof; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
· Waiver. Either party may waive the rights to which they are entitled under this arbitration provisions, without waiving any other rights related thereto or herein.
· Confidentiality. Any arbitration hereunder will not be open to the pubic or any media. All material, information, and evidence involved in regards to any arbitration occurring hereunder is confidential and may not be disclosed by either party absent written consent of both parties, court order or as required by law. Notwithstanding the foregoing, either party may disclose any such information as necessary to enforce such party’s rights.
· Termination. This provision shall survive the termination of any Agreement.
20. Export Regulations. You acknowledge that any software, SKDs, Avatars and any related software and technology, including technical information supplied by Loom or contained in the Service (collectively "Items"), may subject to export controls of the U.S. government. The export controls may include, but are not limited to, those of the Export Administration Regulations of the U.S. Department of Commerce (the "EAR"), which may restrict or require licenses for the export of Items from the United States and their re-export from other countries. Loom and you each agree to comply with applicable U.S. Export Administration Regulations and other laws and regulations governing exports as are in effect from time to time.
21. General Terms.
22. Feedback. We welcome feedback, comments and suggestions for improvements to the Site and the Services (“Feedback”). You can submit Feedback by emailing us at support@Loomai.com or through the functionality available on the Site. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license, with the right to grant sublicenses, under any and all intellectual property rights that you own or control to copy, modify, create derivative works based upon and otherwise use the Feedback for any purpose.
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