Last Updated: July 2, 2019
By using our services, you accept these terms of service and acknowledge that this is a legally binding instrument and agree to be bound by the terms and conditions herein. Please read these terms of service in their entirety. If you do not agree to these terms of service, please do not access or use our services.
You certify that you are of the legal age of majority in the jurisdiction in which you reside or, if you are between the ages of 13 and the legal age of majority, that you are using the services with the supervision of your parent or legal guardian who agrees to be bound by these terms of service. Make sure to review these terms of service with your parent or guardian so that you both understand all of your rights and obligations.
Looking Glass Factory Inc. (“Looking Glass,“ “we,“ “us” or “our”) is pleased to provide you access to a variety of physical goods, platform services, software, software updates, websites, applications, and content (collectively, our “Services” or “Products”). These Terms of Service (“Terms”) apply to your online orders and pre-orders (collectively, “Orders”), access to, and use of, any Services. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Looking Glass for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or that entity violate these Terms.
Looking Glass reserves the right to update, change or replace these Terms at any time, and at our sole discretion, with or without notice to you. Any such modification will be effective immediately upon public posting. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
- Eligibility; Registration and Account
The Services are intended solely for users who are 13 or older. Any registration for, or use of, the Services by anyone under the age of 13 is unauthorized, unlicensed and in violation of these Terms. You represent and warrant that you (a) are not identified on the Office of Foreign Assets Control’s Specially Designated Nationals List (“SDN List”), (b) are not placed on the U.S. Department of Commerce’s Denied Persons List or Entity List or any other U.S. export control list, (c) will not use IP proxying or other methods to disguise the place of your residence, (d) will not use the Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms and (e) have not previously had your right to use the Services suspended or terminated.To access and use certain features of the Services, you may be required to register for an account. By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice at [email protected] if you discover or otherwise suspect any security breaches related to the Services.
- Equipment; Software; and Updates
Certain equipment and software may be required to access and use the Services. In addition, we may need to automatically update some of the software you obtain through the Services or provide you with new/updated software to keep the Services functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins and new versions. By using the Services, you agree to such automatic updating.We reserve the right, in our sole discretion and where technically feasible, to disable your access to or ability to use Services that we believe present a health and safety risk or violate our Code of Conduct, agreements, laws, regulations, or policies. We will not incur any liability or responsibility if we choose to remove, disable, or delete such access or ability to use any or all portion(s) of the Services.
- Your Use of the Services and Content
3.1 Content and Software License. Except as otherwise agreed upon, if we enable the use of software, content, or other materials owned or licensed by us (“Software and Content”), we hereby grant you a limited, nonexclusive, non-sublicensable license to access, install, and use the Software and Content solely for personal and noncommercial purposes, conditioned on your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content, except as expressly permitted by Looking Glass or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
3.3 Third Party Content. Your use of services, applications, or content provided by third parties (“Third Party Content”) made available through the Services may be subject to additional end user agreements. In the event that these agreements conflict with the provisions of these Terms, these Terms will govern. Looking Glass has no responsibility or liability with respect to your access to or use of the Third Party Content, or any content or functionality contained in such Third Party Content, your rights to which are solely provided pursuant to a license between you and the provider of such Third Party Content. In no event shall Looking Glass be considered the licensor of the Third Party Content, to have granted any rights to use the Third Party Content, to have assumed any obligations with respect to the Third Party Content, or to have made any representations or warranties with respect to the Third Party Content.
If you are not presented with an end user license agreement when you acquire Third Party Content, the following license terms apply to your use of such Third Party Content: (a) the third party providing the Third Party Content (and not Looking Glass) is the licensor of such Third Party Content; (b) such party grants you a limited, nontransferable license to access and use the Third Party Content only for your personal and noncommercial purposes; and (c) you may not modify, decompile or disassemble the Third Party Content in whole or in part, or create any derivative works from, or sublicense any rights in or to, the Third Party Content, unless otherwise expressly authorized by the third party or as permitted under applicable law.3.4 Availability of Services after Purchase; Updates. Some Services may rely on services provided by third parties for some or all of their functionality. Such Services may not function properly or may become inoperable if these third parties discontinue their services.
3.5 Support. All billing questions related to the purchase of Services and requests for support with respect to the Looking Glass platform should be addressed to Looking Glass. Looking Glass may, but has no obligation to, respond to any questions or provide support. Please contact us at [email protected] for assistance.
3.6 Availability. The Services and Content may not be available in all territories and jurisdictions, and we may restrict or prohibit use of all or a portion of the Services and Content in certain territories and jurisdictions.
3.7 Network Costs. You may be charged by your network provider for data services or any other third party charges as may arise while using the Services and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.
4.1 Order and Acceptance. Each Order you submit for a Product constitutes an offer to purchase that Product. Orders are complete when you provide your payment information to us. Completed orders are subject to Looking Glass’s acceptance and may be rejected at any time prior to shipping and for any reason at Looking Glass’s sole discretion. If Looking Glass rejects your offer, Looking Glass will, as your sole and exclusive remedy and Looking Glass’s sole and exclusive liability, refund the Purchase Price (as defined in Section 4.3). Looking Glass will send an email to you at the email address provided by you once Products are shipped to indicate whether your Order has been accepted or rejected. If you have any questions, comments, or concerns regarding Looking Glass’s Order acceptance policy, or if you believe that your Order was rejected in error, please contact Looking Glass at [email protected]. When you place an Order for a Product, you may be required to provide additional information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Looking Glass shall have no responsibility or liability for inaccurate purchaser information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to shipment of the Product by sending an email to [email protected].
4.2. You must be at least 18 years old to purchase a Product. By agreeing to these Terms and purchasing a Product, you represent and warrant to us that you are at least 18 years old. If you are purchasing a Product on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
4.3. You will be charged the purchase price for the Product, including shipping charges and certain taxes (see Section 4.10), (the “Purchase Price”) at the time you place your Order for a Product. Shipping charges for deliveries outside of the US do not include any local Value Added Taxes, import duties or customs fees. The cost of the above-mentioned additional fees shall be borne by the customer for shipments outside of the continental US. Your placing of the Order constitutes your express agreement for Looking Glass to charge your provided payment method at such time. Payment does not guarantee our acceptance of your Order.
4.4. If you request a refund at any time before we accept your Order, we will refund the Purchase Price. Once we have accepted your Order, the policy in the immediately preceding sentence no longer applies. Instead, Looking Glass’s refund policy (“Refund Policy”) and limited warranty (“Limited Warranty”) will apply if published on this website. For further information on Looking Glass’s Limited Warranty, please see Section 15 of these Terms. Once your Order has been accepted, the Order is final, non-cancelable, and nonrefundable, except as specified in these Terms or applicable law.
4.5. After your Order has been accepted, the ordered Products will be shipped to the address you designate as the Shipping Address. Shipments should arrive within ten (10) business days from the date that you receive tracking information. For international shipping, the ordered Products should arrive within fifteen (15) business days from the date you receive tracking information. Looking Glass is not responsible for shipping or handling errors or omissions by third parties. Looking Glass Factory is also not responsible for any returns due to the consignee missing delivery attempts, outstanding fees not being paid in time or other reasons beyond our control that may result in the shipment being returned to us.
4.6 Additional Terms Regarding Pre-Orders, Beta Products and Developer’s Edition Products. If you submit an Order for Products designated as “Beta” or “Developer’s Edition”, or otherwise submit an Order for a Product that is not yet publicly released (a “Pre-Order”), you acknowledge and agree to the following additional terms:
a. You represent that the Product you have offered to purchase is for your own use and not for resale.
b. The specifications for Pre-Order Products may change prior to shipping.
c. Your use of Beta or Developer’s Edition Products may be subject to your execution of a separate beta participation agreement.
d. Beta and Developer’s Edition Products are not bug- or error-free, and, to the greatest extent permitted by law, you use them at your own risk.
4.7. The Products are being sold before they are ready to be shipped. If the ordered Product will not be available to ship by the Estimated Shipment Date, 16 CFR Part 435 rules (the “FTC Rules”) require Looking Glass to offer you the choice of either a refund or to wait until a new expected ship date. See the FTC Rules for full details regarding Looking Glass’s legal obligations http://www.ecfr.gov/cgi-bin/text- idx?tpl=/ecfrbrowse/Title16/16cfr435_main_02.tpl. If shipping costs for an accepted Pre-Order are higher than the shipping costs you paid at the time that you placed your Pre-Order, Looking Glass may, in its sole discretion, require you to pay additional shipping fees or to accept a refund of the Purchase Price.
4.8 Transfer of Risk and Title. Risk of loss of the Product passes to you on Looking Glass’s delivery of the Product to the carrier, and you are responsible for any loss or damage to the Product from that point. Claims against a carrier for damage during shipping are your responsibility.
4.9 Export Control. You acknowledge that Products may be subject to export control laws and other laws and regulations of the United States and other countries, and that if Looking Glass ships a Product to you, the Product may be impounded or otherwise confiscated by customs or other authorities. You are responsible for compliance with all applicable export control laws and regulations. You represent that you will not export, re-export, or transfer indirectly or directly any Product outside of the United States without obtaining proper authorization from the applicable government agencies. Without limiting the immediately preceding sentence, you will not export, re-export, or transfer directly or indirectly any Product to: (a) an embargoed/terrorist supporting country, including Cuba, Iran, North Korea, Syria, Sudan, or any other such country as determined by the US government; (b) a person or entity barred by the US Government on export activity lists, including persons or entities on the Treasury Department Specially Designated National List, Entities List, and Denied Persons List; or (c) any destination for an end use that is prohibited by applicable law. You will defend and hold Looking Glass harmless against all claims, damages, or liability resulting from breach of the foregoing.
4.10 Use of the Product; Looking Glass Service. Use of the Product may be subject to local laws, regulations, and ordinances in your jurisdiction, including air quality laws, noise control laws, and other health and safety laws. You are responsible for complying with all applicable laws. It is your responsibility to determine whether your use of the Product complies with local laws, regulations, and ordinances. If you do not have sufficient information to determine whether your use of the Product will comply with all applicable laws, regulations, and ordinances, then you should not place an Order for the Product. If you rescind your Order prior to our acceptance of it, we will refund to you the Purchase Price.
4.11 Content Transactions. You may have the ability to purchase digital content through the Services. You also may have the ability to purchase additional or enhanced functionality or media content within certain Services (collectively, “In-App Purchases”). Except as described in these Terms, we have no responsibility for any transactions you enter into with a third party for Third Party Content or In-App Purchases and assume no liability for Third Party Content or Third Party In-App Purchases that occur within Third Party Content.
4.12 Errors. We attempt to be as accurate as possible and to eliminate errors in relation to our Services; however, we do not represent or warrant that any Service descriptions or pricing information are accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your Order accordingly (which includes charging the correct price) or to cancel the Order and refund any amount charged. If we discover a pricing or other material error related to a Product that has yet to be shipped or delivered, we will contact you to inform you of this error and give you the option of continuing to purchase at the correct price or cancelling your Order. If we are unable to contact you using the contact details you provided during the Order process, we will treat the Order as canceled.
4.13 Account. You may be required to be a registered user in order to purchase some Services. You are responsible for all charges incurred in connection with your account. Looking Glass may attempt to collect unpaid charges, including by attempting additional charges to your payment instrument, use of collections agencies and any other legal means. If you decide to cancel your account, Looking Glass reserves the right, subject to any limitations under applicable laws, to collect fees, surcharges, or costs incurred before cancellation. Any delinquent or unpaid accounts must be settled before Looking Glass will allow you to register again.
4.14 Pricing and Payment. We may accept various forms of payment, including credit and debit cards, and payments made through PayPal. Additional terms with your payment provider may apply.
By submitting an Order, you acknowledge that you are authorized to use the designated payment method and you authorize us to charge your Order to that payment method. When you provide your payment information, you authorize us (or a third party payment processor) to process and store your payment and related information. Depending on where you are located or ask to have Products shipped or delivered, Looking Glass may utilize an agent, subsidiary, or affiliate to process payment and shipping. In the event the payment method you designate cannot be verified, is invalid, or is not otherwise acceptable, we may suspend or cancel your Order. You are responsible for resolving any problems we encounter in order to proceed with your Order.
Prices are subject to change without notice. We reserve the right to refuse or cancel Orders at any time and in our sole discretion.
4.15 Taxes. If your purchase or use of the Services is subject to any type of use or sales tax, duty or other governmental tax or fee (“Taxes”), then we may charge you for those Taxes. Applicable Taxes may be presented at checkout. You are responsible for any Taxes due with respect to your use of the Services.
4.16 Content Cancellations; Returns. All purchases of Software and Content are final except as required by law. Once you purchase Software and Content, we encourage you to download, install and/or access it promptly. You consent that the supply of the Software and Content may begin immediately following the completion of your purchase, and you acknowledge that you therefore will lose any statutory rights you may have to withdraw and receive a refund. If you are unable to download, install or access purchased Software and Content, please contact us at [email protected].
4.17 Order returns: Looking Glass shall not be responsible for costs associated with returned Orders if such returns are caused by third party shipping or handling issues. We reserve the right to deduct any further processing fees or return shipping fees from your original purchase price. Shipping fees are non-refundable.
Any additional shipments after a return shall be subject to additional shipping and processing fees.
Upon your request to cancel and refund an Order, return shipping fees will be deducted from your refund amount in order to cover the additional fees associated with the return.
5.1 By accessing or using the Services, you agree that you will not: (a) access or use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit anyone from fully enjoying the Services, including, but not limited to, defamatory, harassing, threatening, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behavior or content; (b) damage, disable, overburden or impair the functionality of the Services in any manner; (c) access or use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms, Code of Conduct, or any other terms or policies provided in connection with the Services; (d) use or attempt to use another user’s account without authorization from such user; (e) modify, adapt, hack or emulate the Services; (f) use any robot, spider, crawler, scraper or other automated means or interface not provided or authorized by us to access the Services or to extract data; (g) circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Services, or third parties; or (h) infringe upon or violate the rights of Looking Glass, our users or any third party.
5.2 Notification of Infringement.
a) The Digital Millennium Copyright Act (“DMCA”) provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Service;
- Your name, address, telephone number and e-mail address;
- A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please note that we have designated the following agent for such copyright complaints or requests under the DMCA: Fridman Law Group, PLLC. Notices can be sent directly to this agent at:
Fridman Law Group, PLLC 169 Bowery New York, NY 10002 Email: [email protected]
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details.
b) If you send us a request to take down content that infringes upon any other of your intellectual property rights (e.g., trademarks, patents, trade secrets, a right of publicity, etc.), your notice should include:
- The intellectual property you own that is being infringed;
- A description of the content you believe infringes upon your intellectual property;
- The website URL that contains or is associated with the infringing content; and
- A short explanation of how the content infringes your rights.
c) We may, under appropriate circumstances and at our own discretion, disable and/or terminate the accounts of users who may be repeat infringers.
Our Services may include interactive features and areas where you may submit, post, upload, publish, email, send, otherwise transmit, or interact with content, including, but not limited to, text, images, photos, videos, sounds, software and other information and materials (collectively, “User Content”). Unless otherwise agreed to, we do not claim any ownership rights in or to your User Content. If you use content covered by intellectual property rights that we have made available through our Services (for example, images, designs, videos, or sounds we provide that you add to content you create or share on Looking Glass), we retain all rights to that content (but not yours). By submitting User Content through the Services, you grant Looking Glass a worldwide, non-exclusive, transferable, royalty-free, and fully sublicensable (i.e. we can grant this right to others) right to use, copy, display, store, adapt, publicly perform, and distribute such User Content in connection with Looking Glass Products. This right ends when you delete your User Content, or your account, unless your User Content has been shared with others, and they have not deleted it. You irrevocably consent to any and all acts or omissions by us or persons authorized by us that may infringe any moral right (or analogous right) in your User Content.You are solely responsible for the User Content you make available through the Services and you represent and warrant that (a) you either are the sole and exclusive rights owner of all User Content that you provide, or you have obtained all rights, licenses, permissions, consents and releases that are necessary to grant to Looking Glass the rights specified in this section; (b) the provision of your User Content, and our subsequent use of such User Content, will not infringe, misappropriate or violate any 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 laws or regulations; and (c) your User Content does not violate our Code of Conduct.
Looking Glass does not endorse or guarantee the opinions, views, advice, or recommendations posted or sent by users. Looking Glass has no responsibility or liability for User Content made available through the Services, and we have no obligation to screen, edit or monitor such content. However, we do reserve the right, and have absolute discretion, to remove, screen or edit User Content at any time and for any reason.In the event you are a developer who submits User Content to Looking Glass, you acknowledge and agree that our agreements with you as a developer may supersede this section of the Terms.
**Ratings ** We may display age, comfort, and content ratings for digital content that are based on information provided to us by the developers of such content. We cannot guarantee that digital content ratings will always be accurate, nor can we promise that you will not find some material harmful, offensive, indecent or objectionable.
Ownership and Intellectual Property
Unless otherwise expressly set forth herein, the Services are the property of Looking Glass or our licensors and are protected by copyright, patent, trademark and other laws of the United States and foreign countries. You will not remove, alter or obscure any copyright, patent, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.Looking Glass, HoloPlayer One, the Looking Glass logo and other names, logos and taglines appearing on or in the descriptions of the Products and Services (collectively, “Looking Glass Marks”) are trademarks, service marks or registered marks of Looking Glass Factory Inc. The Looking Glass Marks may not be copied, imitated or used, in whole or in part, without prior written permission. All other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks, service marks, or registered marks of their respective owners and may not be used without permission of the applicable trademark holder.
Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Looking Glass and our Services (collectively, “Feedback”). You agree that Looking Glass and its affiliates shall be able to use the Feedback in any way it may choose without any obligation to you.
U.S. Government Rights
The Services, including all related software, technical data and documentation, are “Commercial Items” as that term is defined in 48 C.F.R. §2.101. We provide the Services for U.S. Government end use solely in accordance with the following: (a) the Services are licensed only as Commercial Items; and (b) the U.S. Government will have the same rights as all other end users pursuant to these Terms. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for U.S. Department of Defense transactions, DFARS 252.227-7015 (Technical Data – Commercial Items) and DFARS 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a U.S. Government agency has a need for any additional rights, it must negotiate directly with Looking Glass to determine if the parties can negotiate an acceptable license amendment that must be included in any applicable contract or agreement.
Reporting Copyright & Other IP Violations
If content you own or have rights to has been posted to our website without your permission and you want it removed, please contact [email protected]. Your notice to us must include the following information:
a. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed (of if multiple copyrighted works located on our website are covered by a single notification, a representative list of such works);
c. Identification of the material that is claimed to be infringing or the subject of the infringing activity and information reasonably sufficient to allow us to locate the material on our website;
d. The name, address, telephone number, and email address of the complaining party;
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner of the law; and
f. A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.If your content infringes another person’s US copyright, we will remove it if we receive proper notice under the Digital Millennium Copyright Act, or “DMCA” (see 17 USC s.512(c)(3)). If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Please see http://www.copyright.gov for details.
You are granted a limited, non-exclusive right to create text hyperlinks to our websites for noncommercial purposes; however, you may not use our logos or other proprietary graphics to link to our sites without our express written permission.The Services may contain links to third-party websites, applications or other third-party services, and you understand that by accessing third-party links, you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate. You understand and agree that we are not responsible or liable for the availability or accuracy of such third-party properties or the content, products or services made available through such properties. We do not endorse or control such third-party properties and we make no representations or warranties of any kind regarding such properties. If you access or use any third-party properties, you should also be aware that such third parties’ terms and policies will govern.
Limited Warranty and Disclaimer
Looking Glass provides a one (1) year Limited Warranty on each Looking Glass hardware product, in which the warranty period begins when such product is shipped and a shipping confirmation email has been sent to you. OTHER THAN AS EXPRESSLY PROVIDED BY LOOKING GLASS IN THESE TERMS OR LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT GUARANTEED WARRANTY OF ANY KIND. LOOKING GLASS MAKES NO OTHER WARRANTIES ABOUT THE PERFORMANCE OF THE PRODUCTS AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGMENT. ANY WARRANTY OR SERVICE FOR ANY PRODUCT NOT MANUFACTURED BY LOOKING GLASS, IF ANY, IS PROVIDED BY THE ORIGINAL MANUFACTURER AND NOT BY LOOKING GLASS. IN ADDITION, LOOKING GLASS DOES NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, (B) THE OPERATION OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE, OR (C) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY LOOKING GLASS WILL CREATE A WARRANTY. THE FOREGOING DISCLAIMER OF WARRANTIES WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Looking Glass and our affiliates, independent contractors and service providers, and each of our respective directors, officers, employees and agents (collectively, “Looking Glass Parties”) from and against all third-party claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of or related to (a) your purchase or use of, or inability to use, the Services; (b) your violation of these Terms or any other applicable terms, policies, warnings or instructions provided by Looking Glass or a third party in relation to the Services; (c) your violation of any applicable law or any rights of any third party; or (d) any User Content or Feedback you provide.
Limitation of Liability TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL LOOKING GLASS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO THE ORDERS, THE SERVICES OR THESE TERMS OR YOUR USE OF OR INABILITY TO USE ANY SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LOOKING GLASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL LOOKING GLASS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE HIGHER OF: (A) $100 USD, OR (B) THE AGGREGATE PURCHASE PRICE FOR PRODUCTS YOU PURCHASED, IF ANY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Looking Glass and limits the manner in which you can seek relief from us.18.1 Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your Order, the Services or these Terms, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (b) you or Looking Glass may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
18.2. IF YOU AGREE TO ARBITRATION WITH LOOKING GLASS, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST LOOKING GLASS ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST LOOKING GLASS IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
18.3 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
18.4 You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
18.5. Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Looking Glass. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
18.6 Waiver of Jury Trial. YOU AND LOOKING GLASS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Looking Glass are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
18.7 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in herein.
18.8 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Looking Glass Factory Inc., 95 Commercial St., Unit E, Mailbox 6, Brooklyn NY 11222, USA or [email protected], with a copy to Fridman Law Group PLLC, 169 Bowery, New York, NY 10002, USA or [email protected], within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
18.9 If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
18.10 This Arbitration Agreement will survive the termination of your relationship with Looking Glass.
18.11 Notwithstanding any provision in these Terms to the contrary, we agree that if Looking Glass makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Looking Glass.
19.1 The laws of the State of New York, excluding its conflicts of law rules, govern your access to and use of the Services. Your access to and use of the Services may also be subject to other local, state, national or international laws.
19.2 Exclusive Venue. To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Looking Glass agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the state or federal courts located in New York, New York, U.S.A.
Modifications to the Services
Looking Glass reserves the right to change, suspend, remove, discontinue or disable access to the Services or particular portions thereof, at any time and without notice. In no event will Looking Glass be liable for the removal of or disabling of access to any portion or feature of the Services.
We reserve the right to terminate your right to access and use the Services if you violate these Terms or any other terms or policies referenced herein, or if you otherwise create risk or possible legal exposure for us.
If any provision of these Terms is be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Looking Glass, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
Any failure by Looking Glass to insist upon or enforce performance by you of any of the provisions of these Terms or to exercise any rights or remedies under these Terms or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and remain in full force and effect.
Looking Glass Factory Inc. is located at 95 Commercial St. Unit E, Mailbox 6; Brooklyn, NY 11222, USA. You may contact us by sending correspondence to that address or by emailing us at [email protected].