YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICE OR BY UPLOADING OR POSTING ANY USER CONTENT ON THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE OR COLLECTIVE CONTENT.
If you accept or agree to these Terms of Use on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Use and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Eligibility
The Service is intended solely for persons who are 13 or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. By accessing or using the Service you represent and warrant that you are 13 or older.
Privacy
See Loquito X’s Privacy Policy here for information and notices concerning Loquito X’s collection and use of your personal information.
Ownership
The Service and Collective Content are protected by copyright, trademark, and other laws. Except as expressly provided in these Terms of Use, Loquito X and its licensors exclusively own all right, title and interest in and to the Service and Collective Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Collective Content.
Loquito X Content and User Content License
Subject to your compliance with the terms and conditions of these Terms of Use, Loquito X grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view and print any Loquito X Content solely for your personal and non-commercial purposes. Subject to your compliance with the terms and conditions of these Terms of Use, Loquito X grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any User Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or Collective Content, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Loquito X or its licensors, except for the licenses and rights expressly granted in these Terms of Use.
User Content
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Site or through the Service. Loquito X does not claim any ownership rights in your User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit your User Content. By making available any User Content through the Service, you hereby grant to Loquito X a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on and through third-party distribution channels selected by, but not affiliated with, Loquito X, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes; you also grant Loquito X the right to sublicense these rights to third parties for distribution via third party distribution channels, which may include viral distribution of your User Content. You agree that neither Loquito X nor any third party distribution channels have any obligation to provide any compensation to you for your User Content or the licenses granted herein.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or you have all rights, licenses, consents and releases that are necessary to grant to Loquito X the rights in such User Content, as contemplated under these Terms of Use; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Loquito X’s use of the User Content (or any portion thereof) on, through or by means of the Service or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Idea or Proposal Submissions
For any proposals or ideas that you submit to Loquito X, in addition to any other representations or warranties in these terms of use, you represent and warrant that you have the right to disclose such ideas or proposal to Loquito X and that such disclosure does not violate the rights of any other person or party. You will indemnify and hold harmless and defend Loquito X from and against any claims, losses, expenses and liabilities arising from breach by you of the foregoing representation and warranty.
By submitting your idea or proposal you acknowledge and recognize that Loquito X has a number of well-established product lines and is continually busy working on new products, services and technologies, and as such, Loquito X may currently or in the future be internally developing proposals, ideas or information or receiving proposals, ideas or information from others that are likely to be similar to the proposals or ideas provided by you. Accordingly, nothing in this Agreement shall be construed as a representation or inference that Loquito X will not independently develop or authorize the development of products, services or ideas, for itself or for others that may compete with or be similar to the proposals or ideas you submit. Moreover, Loquito X assumes no fiduciary or confidential obligation of any kind with respect to any proposals, ideas or suggestions made by you that relate to Loquito X product lines or services. You understand we cannot and do not agree to treat as confidential your ideas, proposals, products, improvements or any other information you may decide to submit or disclose to us, even if the documents are marked as confidential or you indicate the confidential nature of the information, except to the extent covered by a separate written nondisclosure agreement, if any, we may choose to enter into with you. You also understand and agree that Loquito X’s willingness to review any proposals or ideas is not an admission by Loquito X of novelty, priority, or originality and does not impair Loquito X’s right to contest existing or future patents or copyrights claiming the ideas. You agree that Loquito X assumes no liability in reviewing these proposals or ideas and agree to rely solely upon such protection as may be afforded under the Patent and Copyright Statutes of the United States of America.
Copyright Policy
Loquito X respects copyright law and expects its users to do the same. Loquito X has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
General Prohibitions
You agree not to do any of the following:
•Post, upload, publish, submit or transmit any Content (including any links thereto) that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
•Use, display, mirror or frame the Service, or any individual element within the Service, Loquito X’s name, any Loquito X trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Loquito X’s express written consent;
•Access, tamper with, or use non-public areas of the Service, Loquito X’s computer systems, or the technical delivery systems of Loquito X’s providers;
•Attempt to probe, scan, or test the vulnerability of any Loquito X system or network or breach any security or authentication measures;
•Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Loquito X or any of Loquito X’s providers or any other third party (including another user) to protect the Service or Collective Content;
•Attempt to access or search the Service or Collective Content or download Content or Collective Content from the Service 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 Loquito X 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;
•Use any meta tags or other hidden text or metadata utilizing a Loquito X trademark, logo URL or product name without Loquito X’s express written consent;
•Use the Service or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
•Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Collective Content to send altered, deceptive or false source-identifying information;
•Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Collective Content;
•Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
•Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
•Impersonate or misrepresent your affiliation with any person or entity;
•Violate any applicable law or regulation; or
•Encourage or enable any other individual to do any of the foregoing.
Loquito X will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Loquito X may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Loquito X has no obligation to monitor your access to or use of the Service or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Loquito X reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Collective Content, that Loquito X, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms of Use or otherwise harmful to the Service.
Links
The Service contains links to other websites and online resources and you understand that by using the Service and accessing third party links, you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate. You understand and agree that Loquito X is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Loquito X of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Feedback
If you choose to provide feedback, comments and suggestions for improvements to the Service or otherwise (in written or oral form) (“Feedback”), you acknowledge and agree that all Feedback will be the sole and exclusive property of Loquito X and you hereby irrevocably assign to Loquito X and agree to irrevocably assign to Loquito X all of your right, title, and interest in and to all Feedback, including any intellectual property rights therein.
Sweepstakes and Contests
Loquito X may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Service. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Service, as they may contain additional important information about Loquito X’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Use, the terms and conditions of such Official Rules will control.
Modification
Loquito X reserves the right, at its sole discretion, to modify, discontinue or terminate the Service or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or via the Service or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms of Use. By continuing to access or use the Service after we have posted a modification on the Site or via the Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Service.
Termination and Account Cancellation
If you breach any of these Terms of Use, Loquito X will have the right to suspend or disable your Account or terminate these Terms of Use, at its sole discretion and without prior notice to you. Loquito X reserves the right to revoke your access to and use of the Service and Content at any time, with or without cause.
Disclaimers
THE SERVICE AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LOQUITO X EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LOQUITO X MAKES NO WARRANTY THAT THE SERVICE OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LOQUITO X MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LOQUITO X OR THROUGH THE SERVICE OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE.
Indemnity
You agree to defend, indemnify, and hold Loquito X, its subsidiaries and affiliates, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or Collective Content, or your violation of these Terms of Use.
Limitation and Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER LOQUITO X NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LOQUITO X HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL LOQUITO X’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR COLLECTIVE CONTENT EXCEED ONE HUNDRED EURO (€100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LOQUITO X AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Loquito X used herein are trademarks or registered trademarks of Loquito X. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms of Use and any action related thereto will be governed by the laws of the EU without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts of Austria and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Entire Agreement
These Terms of Use constitute the entire and exclusive understanding and agreement between Loquito X and you regarding the Service and Collective Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Loquito X and you regarding the Service and Collective Content.
Assignment
You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Loquito X’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Loquito X may assign or transfer these Terms of Use, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given by Loquito X (i) via email (in each case to the address that you provide) or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Dispute Resolution
You and Loquito X agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Loquito X are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Loquito X otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms of Use.
Contest or Sweepstakes Entries
If you enter a promotion, sweepstakes or contest on our site, we require that you provide certain personally identifiable information, including but not limited to your name, Email-address. This information is necessary to process your Application and/or Complete Entry, contact you in response to your contest participation, and to improve the Loquito X customer experience. Types of promotion or contest related communications include Complete Entry Confirmation emails confirming your participation in a given promotion or contest, Thank You Emails thanking you for participation in a given promotion or contest, Congratulations Emails advising you that you may have won or advanced to a new stage of a promotion or contest, and Invitations to future contests & events.
Email Communications
Loquito X will use your name & email address so that we can contact you via email communications under certain circumstances described in this Privacy Policy.
General
The failure of Loquito X to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Loquito X. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.