Terms of Use

Last updated January 24, 2008

Introduction

These terms and conditions describe the terms applicable to your installation and use of SeenThis? (the "Application"), an application owned and operated by Loomia Inc. ("Loomia") which uses the Facebook Platform and other social network platforms ("Platforms") and may appear within these Platforms and in other third-party sites

These Terms of Use are in addition to Terms of Use that govern the use of the Platforms, the combination of which constitutes the entire agreement between the parties with respect to the subject matter hereof. (By way of example, if you are using the Application within the Facebook Platform, these Terms of Use and the Facebook Platform Application Terms of Use collectively govern your use of this Application.)

Privacy Policy, Settings, and Controls

Information regarding privacy and any collection and use of information can be found in the Privacy Policy for the Application. You may use the user controls within the Platforms and within the Application to modify your privacy settings.

Non-Commercial Use

The Application is made available to you for your personal, non-commercial use only. If you want to sell, license or otherwise distribute the Application for any commercial purpose, you must obtain Loomia’s prior written consent. Loomia may require you to agree to additional or different terms of use and/or policies for such use.

Ownership

You acknowledge that Loomia owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Application (including Loomia’s discovery, recommendation, and personalization technology, but excluding items licensed by Loomia from third parties), and that you shall not acquire any right, title, or interest in or to the Application, except as expressly set forth in these Terms of Use. "Intellectual Property Rights" shall mean any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

Trademarks

Loomia is a registered trademark of Loomia. The Loomia logo, and Loomia Recommendations are trademarks of Loomia.

Disclaimer of Warranties

THE APPLICATION IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. LOOMIA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. LOOMIA FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF THE APPLICATION. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

YOU HEREBY IRREVOCABLY RELEASE AND AGREE TO HOLD HARMLESS LOOMIA AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL CLAIMS, COSTS, LOSSES, LIABILITIES AND DAMAGES OF ANY SORT (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHERWISE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED)), CONTRACT, WARRANTY, STRICT LIABILITY, RELIANCE OR UNDER ANY OTHER THEORY, AND WHETHER OR NOT LOOMIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF YOUR INSTALLATION OR USE OF THE APPLICATION OR ANY USE BY LOOMIA OF ANY INFORMATION ACCESSED OR COLLECTED BY LOOMIA. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Term and Termination

The term of the Terms of Use shall commence on the date upon which you add the Application and shall continue in force thereafter, unless terminated as provided herein. Loomia may change, suspend or discontinue all or any aspect of the Application, including its availability, at any time, and may terminate your use of the Application at any time.

Governing Law and Venue

The Terms of Use will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any dispute or claim arising out of or in connection with the Terms of Use shall be adjudicated in San Francisco County, California.

Waiver and Severability

The failure of Loomia to require performance by you of any provision shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Loomia of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of the Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of the Terms of Use shall remain in full force and effect.

Modifications

Loomia may modify these Terms of Use at any time, and you can review the most current version of the Terms of Use online at any time on this page. If Loomia elects to modify these Terms of Use, Loomia will post a change notice within the Application. If a modification is unacceptable to you, you may discontinue use of the Application. If you continue to use the Application, you will be deemed to have accepted the modifications.