Terms & conditions
The Terms and Conditions of use set forth herein apply to the web/wap site titled Looke.mobi which is owned, operated, licensed and controlled by LOOKE (LOOKE) and is covered and protected by all laws including but not limited to copyright and trademark laws of India.
This web/wap site is for the purpose of providing digital content including sound recordings, video recordings, games and other entertainment services. As a user and potential customer, we invite you to browse our web/wap site. Users are not permitted to reproduce, distribute, modify, display or make use of the contents of this web/wap site, except download material in temporary storage on one computer/mobile solely for your personal and non-commercial use. Any unauthorized use of the services and content may violate copyright laws, trade mark laws as well as the laws of privacy and LOOKELOOKE is not responsible for the same. 'Unauthorized use' shall mean and include any usage of the digital content provided on this web/wap site not in conformity with the rights granted with respect to the same. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
Before you begin to explore the web/wap site, you ("you", "your", "yourself", "user" and/or "subscriber") will need to review the terms and conditions of LOOKE. These terms and condition will constitute a binding contract between you and LOOKE. These terms explains your obligation towards LOOKE when you use the services of the web/wap site "Looke.mobi". By using this web/wap site, you agree that these terms of use are acceptable to you. If you do not agree to these terms of use, please do not use this site and it is hereby stated by LOOKE that using this site without accepting the terms and conditions is tantamount to unauthorized usage, punishable by law. LOOKE reserves the right, at its discretion, to change, modify, add, alter, delete or remove portions of these terms. Your continued use of this web/wap site following the posting of any change or modification of these terms will mean you accept those changes or modifications. LOOKE reserves the right to withdraw access to this web/wap site and to change, modify, revise the materials, products and pricing listed or offered through this web/wap site at any time.
You agree to provide LOOKE with accurate, complete and updated registration information. If you do not provide LOOKE with accurate, complete and updated registration information, you are not authorized to use the service and your account may be terminated immediately. You further agree that, in providing such registration information, you will not knowingly or otherwise omit or misrepresent any material facts or information and that you will promptly enter correct and/or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize LOOKE to verify your Registration Data as may be required for your use of and access to the Service, as applicable.
Content such as the synopsis, cast, crew, reviews, previews, themes, wallpapers, stills, screensaver, photographs, animation, data, information, database, design, games, interactive content, trailers, making, images, and any text, images, messages, newsletters, music, audio, video, movies or its derivative, with or without sound, audio clips from the Sound Recording, created or collated by LOOKE from the Source Content, as may be granted by LOOKE to you for distribution under this Agreement strictly in accordance with these terms and conditions and the license agreement. Such Content may also include ring-tones, mono tones, poly-tones, true-tones, sing-tones, created, converted or inspired from the Source Content.
» Mobile DevicesMobile Devices are devices which have telephony capability, either inbuilt or by in conjunction with any device or software which allows it to have a telephony usage, accessed by wires or wireless which includes but is not limited to GSM, CDMA, WiFi, WiMax, TCP/IP, Internet or any other protocol, service or format, either existing at present or which may be invented in the future.
» Mobile Service ProvidersMobile Service Providers are entities who are in the business of providing telephony services to their consumers, either via wires or wireless, landline or mobile, via GSM, CDMA or any protocol.
» Non SubscriberRefers to those users who pay for particular services only on "a la carte" basis i.e. paying for one or more service(s) without a package deal.
» Ring ToneShall mean an audio clip developed from and based on Source Content digitally encoded for use solely as the "Ring Tone" audio file that can be downloaded from the web/wap site and is ringing when you receive mobile call.
» ServiceRefers and includes any and all application of contents to all users of web/wap site LOOKE
» Source ContentShall mean the Sound Recordings and accompanying Video Recordings of Music Labels or any other content, wherein LOOKE has the rights to commercially exploit the content on digital platforms.
» SubscriberRefers to any user who enrols subscription for services covered under terms and conditions of End User License Agreement (EULA).
» TermThe duration of the validity of your accessibility to the web/wap site and the content, depends upon the plan you have subscribed and the payment you have made.
» TerritoryShall mean all user/ consumers/ subscribers worldwide.
» Party / PartiesYou and LOOKE shall individually be referred to as "the Party" and collectively as "the Parties" unless otherwise stated.
The web/wap site LOOKE shall provide DRM-free file format for sampling and downloading media. The Services are provided to the subscriber as per the selected subscription plan depending on the payment of Subscription fee, subject to certain limitations as described herein. The subscribers are granted specified download rights of DRM-free media files from the catalog of web/wap site. You must have internet connection for accessing this web/wap site. It is essential that every user, subscriber or non-subscriber, must register with the terms of the web/wap site to use the services available through the web/wap site. You shall be required to enter certain Personal information which will be governed as per the rules of LOOKE and must pay fees as per the option selected by you for receiving uninterrupted service during the term. To complete the enrollment process, you must fill the Service registration form provided on the web/wap site. The Services includes
» Download of Audio-visual clipsAll Registered Users shall have user name and password. It shall be the sole responsibility of the Users to maintain the confidentiality and security of their Account. You should not reveal your Account information to anyone else or use anyone else's Account. Your User account and password are personal and should be kept confidential. You agree that you will not allow another person to use your user account to access and use the service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your user account and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. LOOKE is not liable for any harm caused by or related to the theft of your IDs, your disclosure of your user account, or your authorization to allow another person to access and use the Service using your user account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service and you agree to immediately notify us of any unauthorised use of your Account or any other breach of security.
Although LOOKE will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of LOOKE or others due to such unauthorized use. In consideration of your use of the Site and Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Site and/or the Services.
The Price List for each service is displayed on web/wap site representing the full retail price listed for each service. You shall pay for the Service that you chose from the options given on the web/wap site. The Price List mentions the prices of each service in each country denoted in their respective currency and the User shall pay in the currency of their country.
LOOKE's online portal will allow the user to BUY the content available using the following forms of payments, LOOKE may withdraw any of the following payment option at its sole discretion.
» Credit Cards » VISA » MAST » AMEX » DINERS » Internet Banking (for Indian customers only) » Debit Cards » Prepaid Cards (for Indian customers only) » Paypal (for UK customers only) » Payment through Postpaid and Prepaid Wallets of the Mobile Carrier.You shall make timely payment of all fees for the services.
LOOKE reserves right to change the prices of the products and services and the availability of Services at its sole discretion.
Payment made by credit card or any other mode as mentioned above should be received by LOOKE on time. If for any reason LOOKE does not receive payment from the credit card issuer or any agent involved in any of the above payment modes, you agree that you shall pay all amounts due upon demand by LOOKE.
LOOKE is not responsible for your delay in making payment to LOOKE and hence in the event your account is deactivated if there are unpaid dues from you, LOOKE is not responsible and you may have to re-register as User on the web/wap site.
It is hereby specifically recorded that the content available through the Service is the sole and exclusive property of LOOKE or its Licensors and is protected by copyright and other intellectual property laws. Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trade marks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and all those special rights conferred as a result of the Berne Convention, 1979 individually as a result of prospective local laws in accordance with the Convention and the Trade Related Aspects of Intellectual Property Rights Agreement of the World Trade Organization. All those intellectual property rights arising as a result of domain names, internet or any other form of an electronic/technological law shall also vest in the domain of LOOKE The Parties hereto agree and confirm that no part of any intellectual property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and control of LOOKE.
Your request to license a audio-visual clip, game, wallpaper or and audio track by downloading is personal to you, and the track may not be used, sold, rented, transferred, licensed or otherwise provided to any other user. License to downloaded audio-visual clip, game, wallpaper or and audio tracks include only those rights explicitly stated in the Service (typically, the right to play back for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic device), and, for the avoidance of doubt, do not include the right to create a derivative work, to make copies other than for your own personal use, or to use the track in any commercial manner.
You shall promptly notify LOOKE in writing upon your discovery of any unauthorized use or infringement of the Service (or its contents) or LOOKE's patent, copyright, trade secret, trademarks or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
You grant LOOKE permission to send you mailers/ messages on a regular basis for the purposes of promotions and information related to the web/wap site. This can be done across all platforms including but not limited to web and wap.
You may post reviews, comments, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, offensive to any caste, class, community or individual, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. LOOKE reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you violate, breach or fail to comply with any clause of this Agreement, we may terminate this Agreement or restrict or suspend or terminate your to use the Services immediately and without notice. You may terminate this Service by ceasing to use the Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service. Your determination of the Service shall lead to cessation of your access to the Service. However, you cannot escape your liabilities and obligations to pay accrued charges, if any, till date of termination of service reflecting as unpaid in your account.
We reserve the right to terminate your use of the Service, without cause, upon reasonable notice. In case such termination occurs in the middle of your subscription period and you have not exhausted the downloads permitted to you under the applicable payment plan, we shall refund to you the unutilized share of your prepaid subscription fee for the remaining unused downloads which shall be calculated on a pro-rata basis.
It is the duty and responsibility of LOOKE to keep your account and the Service(s) operational. However, in case of any technical difficulties or for maintenance, if it results in temporary interruption, LOOKE will make reasonable efforts to rectify the snag as early as possible.
If, for any technical reason and under unavoidable circumstances LOOKE needs to discontinue, temporarily or permanently, functions and features of the Application and Service(s) with or without notice, or if any content in any particular catalog may no longer be available due to technical or contractual rights, LOOKE reserves right to change and replace the Content available at any time.
Under the said circumstances, LOOKE shall not be liable for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Services as the same may be treated as Force Majeure.
You also may not use, nor allow others to use, your account, the Service, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any information, data or materials posted and/or displayed by us or anyone else; (b) act in a way that affects or reflects negatively on us, the Service, or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Service.
You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Web/wap site in a manner that sends more request messages to the LOOKE servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, LOOKE grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. LOOKE reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Web/wap site, nor to use the communication systems provided by the Web/wap site for any commercial solicitation purposes.
AS PROVIDED ABOVE, ALL INFORMATION, TECHNOLOGY AND SERVICE PROVIDED SHALL, AT ALL TIMES, BE ON A "AS IS" AND "AS AVAILABLE" BASIS AND LOOKE HEREBY STATES THAT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE APPLICATION OR ITS OPERATION IS NOT UNDERTAKEN BY LOOKE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOOKE AND ITS LICENSORS, AND ITS DISTRIBUTION AND SYNDICATION PARTNERS, DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. LOOKE MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LOOKE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE APPLICATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APPLICATION. LOOKE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATION.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LOOKE OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS SUBSCRIPTION AGREEMENT OR THE USE OF OR INABILITY TO USE ANY SERVICE, EVEN IF LOOKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WE OR ANY OF OUR LICENSORS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE APPLICATION OR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DIRECT DAMAGES.
You hereby agree to indemnify and hold LOOKE, its agents, contractors, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, harmless from any loss suffered by LOOKE as a result of a breach of the terms and conditions of this agreement by you and from any claim brought by third parties alleging that use of the Service by you or under your account has infringed any intellectual property or other right of any kind, or any applicable laws or regulation. You shall pay all costs, damages, awards, fees (including legal fees) and judgments awarded against LOOKE arising from such claims, and shall provide LOOKE with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.
Any dispute arising out of the Terms, the Site, or the Services shall be governed by the laws of India without regard to its confirm of law provisions and the High Court of Mumbai, India shall have non-exclusive jurisdiction with respect thereto
No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. This Agreement (including all documents expressly incorporated herein by reference, including but not limited to the LOOKE End User License Agreement) constitutes the complete and exclusive agreement between LOOKE and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
LOOKE may change/modify/alter this Agreement at any time in its sole discretion. In case of material change only will be posted by issuance of notice at the email address on file for your account. If the said change/modification/alteration is unacceptable to you, you agree that your only recourse is to terminate your Use of the Service(s) as provided herein. Your continued use of any Service following our posting of a change of terms will constitute your voluntary acceptance of the change, until such time as you terminate your Usage.
This Agreement, together with our Privacy Policy and any other rules, regulations, procedures and policies herein, constitutes the entire agreement between you and LOOKE with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and LOOKE with respect to the Service.
The Terms herein are subject to prevailing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with statutory requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, shall be Governed by laws of India.
It is agreed that the rights herein are non-transferable. You shall therefore not assign/ transfer any of your rights under this Agreement and any attempt by you to do so shall be void-ab-initio and not enforceable.
This Agreement or any other communication in electronic form or printed shall be admissible in judicial or administrative proceedings as if produced in printed form.