Terms & Conditions
Contents
- 1. Eligibility & Accounts
- 2. Acceptable Use
- 3. Your Content
- 4. Intellectual Property
- 5. Feedback
- 6. Third-Party Services
- 7. Disclaimers
- 8. Limitation of Liability
- 9. Indemnification
- 10. Termination
- 11. Governing Law & Disputes
- 12. Apple App Store Terms
- 13. Google Play Store Terms
- 14. Changes to These Terms
- 15. General
- 16. Contact
Terms & Conditions
Welcome to Loupenet. These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("you" or "User") and Loupenet ("Loupenet," "we," "us," or "our") governing your access to and use of the Loupenet mobile application (the "App") and all related services, features, and content (collectively, the "Service").
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
1. Eligibility & Accounts
1.1. Minimum Age. You must be at least thirteen (13) years of age to create an account or use the Service. If you are under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
1.2. Accurate Information. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided is found to be inaccurate, misleading, or incomplete.
1.3. One Account Per Person. Each individual may maintain only one (1) active account on the Service. Creating multiple accounts is prohibited and may result in the suspension or termination of all associated accounts.
1.4. Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at info@loupenet.com if you become aware of any unauthorized use of your account or any other breach of security.
1.5. Account Responsibility. You are solely responsible for all activity conducted through your account, whether or not you authorized such activity. Loupenet will not be liable for any loss or damage arising from your failure to safeguard your account credentials.
2. Acceptable Use
2.1. General Conduct. You agree to use the Service only for lawful purposes and in accordance with these Terms. You are solely responsible for your conduct and any content you submit, post, or display on or through the Service.
2.2. Prohibited Activities. You agree not to:
(a) Post, upload, share, or transmit any content that is unlawful, defamatory, obscene, pornographic, harassing, threatening, abusive, hateful, or otherwise objectionable;
(b) Engage in harassment, bullying, intimidation, or stalking of any individual;
(c) Impersonate any person or entity or falsely represent your affiliation with any person or entity;
(d) Send unsolicited messages, spam, chain letters, or promotional materials to other users;
(e) Upload or transmit viruses, malware, worms, or any other malicious code or software designed to interrupt, damage, or limit the functionality of the Service or any device;
(f) Attempt to gain unauthorized access to any part of the Service, other user accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means;
(g) Use any automated system, including bots, crawlers, scrapers, or similar technology, to access, collect data from, or interact with the Service without our express written permission;
(h) Interfere with or disrupt the integrity, performance, or availability of the Service or the servers and networks used to provide the Service;
(i) Exploit, distribute, or publicly communicate any error, bug, or glitch in the Service for personal gain or to the detriment of other users;
(j) Collect, harvest, or store personal information about other users without their express consent;
(k) Use the Service for any commercial purpose without our prior written authorization;
(l) Encourage, facilitate, or instruct others to engage in any of the foregoing prohibited activities; or
(m) Violate any applicable local, state, national, or international law or regulation.
2.3. Enforcement. We reserve the right, but are not obligated, to investigate and take appropriate action against any user who, in our sole discretion, violates this section, including removing content, issuing warnings, suspending access, or terminating accounts.
3. Your Content
3.1. Ownership. You retain all ownership rights in and to the content you create, upload, post, or otherwise make available through the Service ("User Content"). Loupenet does not claim ownership of your User Content.
3.2. License Grant. By submitting, posting, or displaying User Content on or through the Service, you grant Loupenet a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in connection with operating, providing, promoting, and improving the Service. This license exists only for as long as your User Content remains on the Service and terminates when you delete your User Content or your account, except where your User Content has been shared with others and they have not deleted it, or where retention is required by law.
3.3. Representations and Warranties. You represent and warrant that: (a) you own or have the necessary rights, licenses, consents, and permissions to grant the license described in Section 3.2; (b) your User Content does not infringe, misappropriate, or violate the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party; and (c) your User Content complies with these Terms and all applicable laws and regulations.
3.4. Content Removal. We reserve the right to remove or disable access to any User Content at any time, for any reason or no reason, without prior notice. We are not responsible for the deletion, correction, destruction, damage, loss, or failure to store any User Content.
3.5. Backup. Loupenet does not guarantee the backup or preservation of User Content. You are solely responsible for creating and maintaining your own backup copies of your User Content.
4. Intellectual Property
4.1. Loupenet Property. The Service, including but not limited to its design, layout, look, appearance, graphics, logos, trademarks, service marks, trade names, software, code, algorithms, and all other intellectual property (collectively, "Loupenet Property"), is owned by or licensed to Loupenet and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
4.2. Restrictions. You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, or create derivative works based on any Loupenet Property, in whole or in part, without our prior written consent.
4.3. Trademarks. "Loupenet," the Loupenet logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Loupenet or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
5. Feedback
5.1. If you provide Loupenet with any feedback, suggestions, ideas, improvements, or other input regarding the Service ("Feedback"), you hereby assign to Loupenet all rights, title, and interest in and to such Feedback. Loupenet shall be free to use, reproduce, modify, distribute, and otherwise exploit such Feedback without restriction, obligation, or compensation to you, and you waive any moral rights you may have in such Feedback.
6. Third-Party Services
6.1. General. The Service may integrate with, rely upon, or contain links to third-party services, websites, or technologies. Your use of any third-party service is governed by that third party's own terms and policies. Loupenet does not control, endorse, or assume responsibility for any third-party service.
6.2. Authentication Providers. The Service uses Google Sign-In and Apple Sign-In for account authentication. Your use of these authentication services is subject to the respective terms of service and privacy policies of Google and Apple. Loupenet is not responsible for any issues arising from your use of these third-party authentication services.
6.3. Video Hosting. The Service uses Vimeo for video hosting and delivery. Videos uploaded to or viewed through the Service may be hosted on Vimeo's infrastructure and are subject to Vimeo's terms of service and privacy policy.
6.4. Assumption of Risk. Your interactions with third-party services, including but not limited to those described above, are solely between you and the applicable third party. You access and use third-party services at your own risk. Loupenet shall not be liable for any damage, loss, or injury arising from your use of or reliance on any third-party service.
7. Disclaimers
7.1. AS IS AND AS AVAILABLE. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Loupenet DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
7.2. No Guarantee. Loupenet DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Loupenet DOES NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
7.3. User Content. Loupenet DOES NOT ENDORSE, SUPPORT, REPRESENT, OR GUARANTEE THE COMPLETENESS, TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY USER CONTENT OR COMMUNICATIONS POSTED THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON USER CONTENT IS AT YOUR OWN RISK.
7.4. Third-Party Content. Loupenet IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH OR IN CONNECTION WITH THE SERVICE.
8. Limitation of Liability
8.1. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Loupenet, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF Loupenet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2. Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF Loupenet FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100.00); OR (B) THE TOTAL AMOUNT YOU HAVE PAID TO Loupenet IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
8.3. Essential Purpose. THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Loupenet'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Indemnification
9.1. You agree to defend, indemnify, and hold harmless Loupenet and its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees) arising from or related to: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; or (e) any claim that your User Content caused damage to a third party.
9.2. Loupenet reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of Loupenet.
10. Termination
10.1. Termination by Loupenet. We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice, at our sole discretion. Reasons for termination may include, but are not limited to, violations of these Terms, extended periods of inactivity, requests by law enforcement, or discontinuation of the Service.
10.2. Termination by You. You may delete your account at any time through the account settings within the App. Upon deletion, your account will be deactivated, and your User Content may be removed in accordance with our data retention policies and applicable law.
10.3. Effect of Termination. Upon termination, your right to access and use the Service will immediately cease. The following sections shall survive termination: Sections 3 (Your Content), 4 (Intellectual Property), 5 (Feedback), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 11 (Governing Law & Disputes), and 15 (General).
10.4. No Liability. Loupenet shall not be liable to you or any third party for any suspension or termination of your account or access to the Service.
11. Governing Law & Disputes
11.1. Governing Law. These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles.
11.2. Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact us at info@loupenet.com and attempt to resolve the dispute informally for a period of at least thirty (30) days. Most disputes can be resolved through this informal process.
11.3. Binding Arbitration. If a dispute cannot be resolved informally, you and Loupenet agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator in the State of Delaware or, at your election, by telephone, online, or based solely on written submissions. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
11.4. Class Action Waiver. YOU AND Loupenet AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
11.5. Small Claims Exception. Notwithstanding the foregoing, either party may bring an individual action in small claims court for claims within the jurisdictional limits of that court.
11.6. Equitable Relief. Nothing in this section shall prevent Loupenet from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights or other proprietary rights.
12. Apple App Store Terms
12.1. The following terms apply to your use of the App obtained through the Apple App Store:
(a) These Terms are entered into between you and Loupenet, not with Apple Inc. ("Apple"). Loupenet, not Apple, is solely responsible for the App and its content.
(b) Apple has no obligation to furnish any maintenance or support services with respect to the App.
(c) In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
(d) Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
(e) In the event of any third-party claim that the App or your possession and use of the App infringes a third party's intellectual property rights, Loupenet, not Apple, shall be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
(f) You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(g) Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
(h) You must comply with all applicable third-party terms of agreement when using the App, including the Apple Media Services Terms and Conditions.
13. Google Play Store Terms
13.1. The following terms apply to your use of the App obtained through the Google Play Store:
(a) These Terms are entered into between you and Loupenet, not with Google LLC ("Google"). Loupenet, not Google, is solely responsible for the App and its content.
(b) Google has no obligation to furnish any maintenance or support services with respect to the App.
(c) Google is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
(d) In the event of any third-party claim that the App or your possession and use of the App infringes a third party's intellectual property rights, Loupenet, not Google, shall be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
(e) Your use of the App is subject to the Google Play Terms of Service, available at https://play.google.com/intl/en_us/about/play-terms/index.html, as may be updated by Google from time to time.
(f) Google is a third-party beneficiary of these Terms, and upon your acceptance of these Terms, Google will have the right to enforce these Terms against you as a third-party beneficiary thereof.
14. Changes to These Terms
14.1. Right to Modify. Loupenet reserves the right to modify, amend, or update these Terms at any time at its sole discretion.
14.2. Notice of Material Changes. For material changes to these Terms, we will provide at least seven (7) days' advance notice before the updated Terms take effect. Notice may be provided through the App, via email to the address associated with your account, or by other reasonable means.
14.3. Acceptance of Changes. Your continued use of the Service after the effective date of any updated Terms constitutes your acceptance of and agreement to the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and delete your account.
14.4. Non-Material Changes. Non-material changes, such as typographical corrections or formatting adjustments, may be made without prior notice.
15. General
15.1. Entire Agreement. These Terms, together with the Privacy Policy and any other legal notices or policies published by Loupenet on the Service, constitute the entire agreement between you and Loupenet regarding the Service and supersede all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral.
15.2. Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
15.3. Waiver. The failure of Loupenet to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Loupenet.
15.4. Assignment. You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of Loupenet. Loupenet may assign or transfer these Terms, in whole or in part, without restriction and without notice to you. Any attempted assignment in violation of this section shall be null and void.
15.5. No Third-Party Beneficiaries. Except as expressly provided in Sections 12 and 13, these Terms do not create any third-party beneficiary rights in any individual or entity.
15.6. Force Majeure. Loupenet shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of governmental authorities, fire, floods, epidemics, pandemics, strikes, or power outages.
15.7. Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.
16. Contact
If you have any questions, concerns, or feedback about these Terms or the Service, please contact us:
Email: info@loupenet.com
Website: https://loupenet.com
By using Loupenet, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.
