End User Agreement

TERMS AND CONDITIONS


1. INTRODUCTION:

PLEASE READ THESE TERMS AND CONDITIONS (“T&Cs”, “Agreement” and “User Agreement”) CAREFULLY BEFORE USING www.loorank.com OR DOWNLOADING, INSTALLING, AND USING LOOrank Software Application. BY USING OUR WEBSITE, APPLICATION AND SERVICES, YOU AGREE TO BE BOUND BY THIS T&Cs, GOOGLE’S TERMS OF SERVICE AND ANY AGREEMENT AND POLICY REFERENCED HEREUNDER.

YOU ALSO AGREE TO BE BOUND BY THE LOOrank SOFTWARE LICENSE AGREEMENT ("license").

IF YOU DON’T AGREE TO THE T&Cs OR ANY AGREEMENT REFERENCED HEREUNDER, THEN PLEASE DON’T USE THESE SERVICES. 

2. DEFINITIONS:

“Services” refers to all services, contents, information, tools, applications, images, graphics, texts, or any data for the use of the User. 

“Application” refers to LOO Rank Software Application.

“Website” refers and includes www.loorank.com and the Services.

“Our Content” refers to any content and information available on this website including, without limitation, data, text, photos, audio, videos, posts, icons, maps, programs, apps, instructions, information, reviews, feedback, user content, tools, codes and any other material.

 “User Content” refers to any content, text, photos, graphics, video, reviews, feedback, suggestions, comments, posts, complaints and any other comments posted, provided, uploaded, submitted by the User.

“You”, “your” and “User” refer to any person using this Website or any Services or Application.

“We” “our” and “us” refer to LOORank, a Delaware corporation and its owners, directors, staff, affiliates, partners, contractors, service providers and agents.

3. ELIGIBILITY:

You are eligible to use this Website, Application, Content or any services provided hereunder as long as you comply with the following:

i. You are more than sixteen (16) years of age;

ii. You are not prohibited from using the services and contracting with any business based in the USA;

iii. You are not current resident of the countries subject to the restrictions of the USA;

iv. You are not in breach of any provisions of the T&Cs or any policy referenced hereunder;

v. You have provided us with the correct, accurate and current information about you or with reference to your User Content;

vi. You have not posted and uploaded any Prohibited Contents; and

vii. You must not commit any act which is specifically or impliedly prohibited under the T&Cs or any policy referenced hereunder.

4. LICENSE:

We grant you a revocable, nonexclusive, nontransferable, limited license to download, install and use the Application, this Website and any content thereon solely for your personal and non-commercial purposes strictly in accordance with the provisions of the T&Cs. If you are a business, you may use the feedback, reviews and comments for the improvement of your business or infrastructure of your business.

We have proprietary rights to Our Content, Website, and Applications. The above license does not allow you to modify, edit, copy, transmit, distribute, display, publish, reproduce, license, transfer, create derivative works from, or sell or re-sell, rent, lease Our Content, Website and Application.

5. PROHIBITED ACTIVITIES:

You must not:

  1. Use this Website and Application for any commercial purposes;
  2. Access, copy, monitor this Website and Application using any means not intended to be used with reference to this Website such as robot, scraper, spider, or any means or any manual process without our express written permission;
  3. Breach the restrictions in any robot exclusion headers or circumvent or bypass other measures used to limit or prevent access to this Website and/or Application; impose, through any means, an unreasonable large load on our Website and/or Application; 
  4. Deep-link to any part of this Website without our express written permission; or 
  5. Attempt edit, modify, adapt, disassemble, decompile, or reverse engineer any part of this Website, Application or program used therein.
  6. Take images of any person/persons or body parts within the area of the public toilet. 
  7. Upload images in public places that have been designated as a strictly no photos area. 
  8. Amend/photoshop/add to the image, that distorts the original photograph, that gives a false impression of the original. 
  9. Take images of toilets that are not of your own gender, or by persons under the age of 18 years of age. 

6. REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS

You represent that your opinions, comments and reviews represent the true state of affairs and are based on your honest observation.

You grant us a perpetual, nonexclusive, worldwide, irrevocable, royalty-free, sublicensable and transferable right to use, modify, reproduce, adapt, translate, distribute, publish, display, create derivative works from and publicly display and perform your User Content in any media currently known or hereafter developed for any purpose; and use the name or any information associated with your User Content.

You agree that we may provide attribution of your feedback, comments or reviews in our sole discretion. You represent that no part of your User Content is confidential or proprietary rights. You agree that we may initiate any legal action against any person/entity infringing your or our rights in your User Content. 

Prohibited Content refers to any content which is specifically, generally or/and impliedly be prohibited hereunder to be uploaded, posted, displayed, distributed, transmitted or made available or visible to the user through this Website including, without limitations, any content:

  1. That is unlawful, abusive, offensive, pornographic, obscene, lewd, sexually suggestive, indecent, libelous, defamatory, outrageous, threatening, harassing, fraudulent, deceptive, wrong, invasive of privacy or publicity rights or otherwise objectionable or carrying misrepresentation, error, mistake, omissions, or falsehood;
  2. That may constitute abetment, assistance, encouragement or instructions for an offense, the violation of any party’s rights, or that may otherwise constitute liability or violate any applicable rules, regulations or law;
  3. That may infringe any patent, trade secret, intellectual property, copyright, or proprietary rights;
  4. That may impersonate your association with any other person/entity or impersonate any person/entity; 
  5. That consists of identifiable, personal and financial information, contact details of any person or entity;
  6. That falls within the meaning of unsolicited promotions, advertising, lottery, raffles, contests and political campaigning;
  7. That carrying any malignant, harmful and harmful material such as virus, corrupted data or other harmful, disruptive or destructive files
  8. That, in our sole judgment, violates the T&C, is objectionable, which exposes us to any loss, harm, expenses or liability.

You represent that you have authority, license or valid consent to post your User Consent under these T&Cs or any agreement referenced hereunder. 

We are not liable for any User Content or any loss or damage caused to you by any User Content posted by any other person/entity.

You acknowledge that the content on this Website may contain some Prohibited Contents and that we are not liable for such content. You acknowledge that you may be exposed to some risks including, without limitation, the exposure to the Prohibited Content while you use this Website or Application. You agree that we are not liable for any damage, hurt, loss or annoyance that you may go through due to the use of this Website, Application and any content or any reliance you may have made with reference thereto.  

Although we are not obligated to monitor, screen, edit or monitor any of the User Content posted, uploaded or distributed through this Website or Application, we reserve the right, authority and discretion to remove, edit, modify and translate any User Content you or any person posted. 

If it is found that you have moral rights including, without limitation, the rights of attribution or integrity, in your User Content, you hereby declare that you have no objection as to the use, publication, edit, modification, removal, deletion and exploitation of the same by us and that you waive and agree and represent not to claim any entitlement to any moral rights in any of the User Content. You hereby irrevocably release us from any claim that you could have made against us based on your moral rights. 

Your use of this Website and Application in violation of the T&Cs may result in suspension and termination of your rights to use this Website and Application.

7. LIABILITY DISCLAIMER:

OUR WEBSITE, APPLICATION OR ANY CONTENT THEREON MAY INCLUDE MISTAKES, INACCURACIES, ERRORS, OMISSIONS, TYPOS OR/AND PROHIBITED CONTENT AND WE DON’T GUARANTEE THE ACCURACY AND PERFECTION THEREOF, AND WE DISCLAIM ALL AND ANY LIABILITIES FOR MISTAKES, INACCURACIES, ERRORS, OMISSIONS, TYPOS IN THE WEBSITE, OUR CONTENT OR EXISTENCE OF PROHIBITED CONTENT ON THE WEBSITE. 

WE MAKE NO REPRESENTATIONS THAT THE WEBSITE, OUR SERVICES AND CONTENT ARE SUITABLE. THE WEBSITE, OUR SERVICES AND CONTENT ARE PROVIDED ON "AS IS" BASIS WITHOUT WARRANTY, IMPLIED OR EXPRESS. 

WE DON’T REPRESENT THAT THIS WEBSITE, CONTENT OR SERVICES ARE FREE FROM MALIGNANT COMPONENTS SUCH AS VIRUSES AND MALWARE. WE DISCLAIM ALL WARRANTIES WITH REFERENCE TO THE WEBSITE, OUR SERVICES AND CONTENT INCLUDING ALL IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENTS, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A SPECIFIC PURPOSE.

THE USERS PROVIDING CONTENT, FEEDBACK, REVIEW AND COMMENTS ARE INDEPENDENT USERS OF THIS WEBSITE AND/OR APPLICATION. WE HAVE NO CONTROL OVER THE USERS ACTIVITIES NOR DO WE INDUCE ANY USER TO MAKE A CERTAIN COMMENT, REVIEW OR GIVE FEEDBACK. WE DISCLAIM ALL LIABILITIES FOR ANY LOSS, LOSS OF PROFIT AND ANY DAMAGE ARISING FROM THE REVIEWS OR COMMENTS OR ANY USER CONTENT POSTED OR UPLOADED BY ANY USER.

IN NO EVENT SHALL WE BE LIABLE FOR ANY PUNITIVE, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM:

  1. YOUR ACCESS TO, OR USE OF OUR SERVICES, CONTENT OR THIS WEBSITE OR INABILITY TO ACCESS OR USE OUR SERVICES, CONTENT OR THIS WEBSITE INCLUDING, WITHOUT LIMITATIONS, YOUR RELIANCE UPON COMMENTS, REVIEWS, FEEDBACK AND OPINIONS AVAILABLE ON THIS WEBSITE; OR
  2. ANY MALIGNANT COMPONENT, VIRUSES, PROGRAMS, SOFTWARE, LINKS, AND APPLICATIONS AVAILABLE ON THIS WEBSITE.

SUBJECT TO ANY PERMISSIBLE LIMIT DEFINED BY LAW, OUR LIABILITIES UNDER THE T&Cs SHALL NOT BE IN EXCESS OF ZERO-DOLLAR. 

8. INDEMNIFICATION

You agree to defend and indemnify us from and against any claims, demands, causes of action, losses, fines, penalties, expenses, damages, or costs or including, without limitations, reasonable attorney’s fee, arising from your breach of this T&Cs or any policy referenced herein and/or your violation of any applicable law or third party rights, any dispute between you and any third party, your User Content or your use of this Website.

9. THIRD-PARTY BUSINESS AND WEBSITES

Our Website may contain hyperlinks to third party websites with the belief that they may be useful for you. Such websites are not in any way affiliated with or controlled by us. You are strongly recommended to take appropriate precautions before using such third party website or making reliance on the content available on such third party website. 

10. COPYRIGHTS, TRADEMARK AND DMCA NOTICE

This Website contains Our Content, User Content and Third Party Content (“Content”). Our Content is our property and we have full proprietary rights thereto; the User Content is licensed to us for the use of the purposes in the line of our policies and objectives; and the Third Party Content is provided for reference purposes only. We don’t claim any right to the Third Party Content. We use, display and share the Third Party Content with the belief that it is useful for the interests of the users. 

If you believe that this Website contains any content which infringes your valid rights, please contact us at disputedcontent@loorank.com with the following information as per the section 512 of the DMCA:

  1. Your name;
  2. Your contact details;
  3. The location of the disputed content;
  4. The reasonable proof of infringements;
  5. The statement under the penalty of perjury that the information on the notice is true to the best of your knowledge and belief; and
  6. Request to remove the disputed content from the Website.

11. MODIFICATIONS OF THE SERVICES:

We reserve the right to modify, suspend or discontinue, temporarily or permanently, this Website or any or all parts or features of the Service at any time, with or without notice and without liability to that effect.

12. TERMS AND TERMINATION:

The T&Cs shall remain in effect until terminated by you or us.  We may, in our sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. 

This Agreement will terminate immediately, without prior notice from us, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your computer or any device you may have installed the Application on. 

Upon termination of this Agreement, you shall cease all use of the Website and Application and delete all copies of the Application and, if some day we implement cookies, remove cookies from your mobile device or from your desktop. 

13. SEVERABILITY:

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. 

14. AMENDMENTS OF AGREEMENT: 

We reserve the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 3 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. 

15. GOVERNING LAW: 

This Agreement is governed by the applicable state laws and federal laws of the State of Delaware and the Unites States of America respectively without giving effect to its conflict of law provisions. Any dispute arising from this Agreement shall be resolved by the court having competent jurisdiction over the territory where we have our business office. 

16. CONTACT US: 

Email: info@loorank.com

Registered office address:

8 The Green, STE A

City of Dover,

County of Kent

Delaware 

DE 19901

If you have any questions about this Agreement, please write to us at legal@loorank.com.