ILOOKGOOD APP TERMS OF USE
1. Welcome and Your License
Welcome to the Ilookgood App. We operate an app that allows you to record, review, categorize and analyse your looks by uploading your photographs which you can then store, search, share, make notes about, which we make available for download through App Stores on your mobile (and tablet) devices (App).
The App is operated by DGL20 Media Applications, LLC of 900 Ogden Avenue #150, Downers Grove, Illinois 60515, USA.
We license you to use the App and any updates or supplements to it and the content we provide to you through it as permitted in these terms. If you download the App on to any phone or other device these terms apply and you will be responsible for complying with them.
PLEASE READ THESE TERMS CAREFULLY
BY BUYING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS PLEASE DO NOT BUY OR USE THE APP.
2. App Store Terms also Apply
The ways in which you can use the App may also be controlled by the Apple App Store and Google Play’s rules and policies [LINK TO RULES AND POLICIES] and their rules and policies will apply instead of these terms where there are differences between the two.
3. Your Privacy and Data We Collect
We value your privacy and we only use any personal data we collect through your use of the App in the ways set out in our privacy policy.
By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to provide you the App and to improve it.
4. Your Use of The App and Use Rules
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The App requires an Apple or Android mobile telephone or handheld device which is using the current (or one previous) version of the IOS or Android operating system.
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In return for your agreeing to comply with these terms you may:
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download or stream a copy of the App onto your mobile phone or handheld device and view, use and display the App on such devices for your personal purposes only;
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use any documentation we provide to you (Documentation) to support your permitted use of the App;
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provided you comply with the Use Rules (below) make up to one additional copy of the App and the Documentation for back-up purposes; and
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receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
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The following rules apply to your use of the App and you agree to comply with them (Use Rules):
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Ages from 18: You must be 18 or over to buy and use the App and capable in your country of residence of entering into a legally binding agreement to use the App and accept these terms.
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Ages from 13-17: you may use or buy the App only with parental or your guardian’s consent.
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You have a personal right to use the App as set out above. You may not transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
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You agree that you will not:
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(i) rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without our prior written consent;
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(ii) copy the App or Documentation, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
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(iii) translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Documentation nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
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(iv) disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent permitted by applicable laws;
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(v) use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
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(vi) infringe our intellectual property rights or those of any third party in relation to your use of the App, including by posting any Content or any material that infringes upon any rights of any third party;
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(vii) post Content or transmit any material that is indecent, harmful, abusive, racially or ethnically offensive,defamatory, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, airing personal grievances or disputes, uses bad or rude language or is otherwise objectionable in relation to your use of the App;
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(viii) post any Content that contains any information that is illegal or that you do not have a right to make available by law
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(ix) use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
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(x) collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App.
5. Update to the App and Change to Terms
From time to time we may automatically update the App and change it to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
The App will work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you at least 30 days’ notice of any change by notifying you of a change when you next start the App. If you do not accept the notified changes you may continue to use the App in accordance with the existing terms, but certain new features may not be available to you.
6. Intellectual Property Rights
All intellectual property rights in the App throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use it in accordance with these terms.
We do not claim any ownership rights in the text, files, images, photos, videos or any other material (Your Content) you post on or through the App. By posting Your Content on or through the App you grant to us a non-exclusive, fully paid up and royalty-free worldwide, limited license to use, modify, delete from and display Your Content in the App.
7. Our Responsibility for Loss or Damage Suffered By You
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied in the App damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
WE ARE NOT LIABLE FOR BUSINESS LOSSES. THE APP IS FOR DOMESTIC AND PRIVATE USE. IF YOU USE THE APP FOR ANY COMMERCIAL, BUSINESS OR RESALE PURPOSE WE WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
LIMITATIONS TO THE APP AND THE SERVICES. THE APP IS PROVIDED FOR GENERAL INFORMATION AND ENTERTAINMENT PURPOSES ONLY. IT DOES NOT OFFER ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF INFORMATION OBTAINED FROM THE APP. ALTHOUGH WE MAKE REASONABLE EFFORTS TO UPDATE THE INFORMATION PROVIDED BY THE APP, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT SUCH INFORMATION IS ACCURATE, COMPLETE OR UP TO DATE.
PLEASE BACK-UP CONTENT AND DATA USED WITH THE APP. WE RECOMMEND THAT YOU BACK UP YOUR CONTENT AND DATA USED IN CONNECTION WITH THE APP, TO PROTECT YOURSELF IN CASE OF PROBLEMS WITH THE APP.
CHECK THAT THE APP AND THE SERVICES ARE SUITABLE FOR YOU. THE APP HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS. PLEASE CHECK THAT THE FACILITIES AND FUNCTIONS OF THE APP (AS DESCRIBED ON THE APPSTORE SITE AND IN THE DOCUMENTATION) MEET YOUR REQUIREMENTS.
WE ARE NOT RESPONSIBLE FOR EVENTS OUTSIDE OUR CONTROL. IF OUR PROVISION OF THE APP OR SUPPORT FOR THE APP IS DELAYED BY AN EVENT OUTSIDE OUR CONTROL THEN WE WILL CONTACT YOU AS SOON AS POSSIBLE TO LET YOU KNOW AND WE WILL TAKE STEPS TO MINIMISE THE EFFECT OF THE DELAY. PROVIDED WE DO THIS WE WILL NOT BE LIABLE FOR DELAYS CAUSED BY THE EVENT BUT IF THERE IS A RISK OF SUBSTANTIAL DELAY YOU MAY CONTACT US TO END YOUR CONTRACT WITH US AND RECEIVE A REFUND FOR ANY SERVICES YOU HAVE PAID FOR BUT NOT RECEIVED.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO. THE APP MAY CONTAIN LINKS TO OTHER INDEPENDENT WEBSITES WHICH ARE NOT PROVIDED BY US. SUCH INDEPENDENT SITES ARE NOT UNDER OUR CONTROL, AND WE ARE NOT RESPONSIBLE FOR AND HAVE NOT CHECKED AND APPROVED THEIR CONTENT OR THEIR PRIVACY POLICIES (IF ANY). YOU WILL NEED TO MAKE YOUR OWN INDEPENDENT JUDGEMENT ABOUT WHETHER TO USE ANY SUCH INDEPENDENT SITES, INCLUDING WHETHER TO BUY ANY PRODUCTS OR SERVICES OFFERED BY THEM.
8. We May End Your Rights to Use The App
We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
If we end your rights to use the App:
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you must stop all activities authorised by these terms, including your use of the App;
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you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have; and
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we may remotely access your devices and remove the App from them and cease providing you with access to the App.
9. Support and Contacting Us/You
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If you want to learn more about the App, wish to contact us for any reason or have any problems using the App, please email us at info@ilookgoodapp.com
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If we have to contact you, we will do so by email using the contact details you have provided to us.
10. Governing Terms
Transfer of the Agreement. We may transfer this agreement to someone else and we may transfer our rights and obligations under these terms to another organisation. If this happens, we will tell you in writing and ensure that the transfer does not affect your rights under this agreement.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
No Rights for Third Parties. This agreement does not give rise to any rights to any third party to enforce any term of this agreement.
If any term is Illegal, the Rest will Continue. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Delay in Enforcing this Agreement. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
The Laws that Apply to this Agreement. These terms are governed by English law and you and we can bring legal proceedings in respect of our services in the English courts. If you live outside the United Kingdom, you may be able bring legal proceedings in respect of the services in your country of residence and these terms do not exclude any such mandatory legal rights as you or we may have, where we are not allowed to exclude them as a matter of law.