Terms of Service
Last Update: 25/10/2021
These terms of service (“Agreement”) set forth the general terms and conditions of your use of the loomino.io website (“Website”), “Loomino” mobile and web application (“Application”) and any of their related products and services (collectively, “Services” or "Loomino").
This Agreement is legally binding between you (“User”, “you” or “your”) and Loomino Oy (“Loomino Oy”, “we”, “us” or “our”), a limited corporation registered under the laws of Finland, with registered address at PL 14, 00101 Helsinki and company registration number ("Y-number") 3230014-7.
By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Loomino Oy, even though it is electronic and is not physically signed by you, and it governs your use of the Services. If you do not agree, don't use the Services.
2. Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the top of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
4. Account Creation
When creating an account to the Services, you additionally agree to comply with the following:
a) You are over 18 years old.
b) No law prohibits you from using the Services.
c) You will keep your password secure and not knowingly allow account access to others. You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.
d) You will notify Loomino Oy if you suspect your account was compromised.
We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account.
a) You may only hold one Loomino account.
b) You may not create a new account if you were suspended or banned from Loomino (see section 8).
c) You may not use someone else's account.
We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet Protocol address to prevent further registration.
6. Community Guidelines and User Content
a) We do not own any data, information or material (collectively, “Content”) that you submit on the Services in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Services submitted or created using our Services by you.
b) You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Unless specifically permitted by you, your use of the Services does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
c) Loomino aims to be a safe and pleasant environment where people connect and interact in a genuine manner. Therefore, the following user content is strictly prohibited:
• Fake photos
• Pornographic, obscene or otherwise offensive photos.
• False profile information or misrepresentation, impersonating others.
• Links to external sites, including social networks.
• Contact information of you or others, banking information of you or others, or other personal information (such as home address).
• Content that promotes racism, sexism, hatred or bigotry.
• Content that promotes hatred or harassment towards minority groups, including (but not limited to) sexual or gender minorities.
• Solicitation of financial benefits or items of value in any way or form (gift, payment, loan, etc.)
• Commercial use. Loomino is meant for individuals wishing to genuinely connect with other individuals.
• Encourages illegal activities.
• Content that is defamatory, libelous, fraudulent, illegal or otherwise creates liability.
• Content that infringes the rights of a third party.
These rules are enforced by human moderators and automated algorithms.
By using Loomino you agree that any content you post to Loomino (including but not limited to: photos, texts or communications) can be monitored in order to make sure you comply with our terms. You agree that Loomino may remove, edit or block any content at any time in our sole discretion.
8. Suspension and Bans
We reserve the right to suspend, ban or otherwise limit access to Loomino in case of a severe breach of these terms, or due to repeat violations. What constitutes a violation and its severity will be decided at our discretion.
In case of a suspension, ban or access limitation, no refund or reimbursement of any kind will be given to the user who violated these terms.
9. Prohibited Use
In addition to Loomino's Content Guidelines (Section 6), you may also not:
• Use Loomino in any way that damages the system or prevents its use by other users.
• Interfere in any way or disrupt the system, the servers or other infrastructure used by Loomino.
• Upload, link or transmit any virus, trojan horse, corrupted data or other harmful, disruptive or destructive files or code.
• Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect Loomino, the users, or third parties.
• Connect to Loomino using any robot, crawler, proxy or any other automated means not authorized by Loomino.
• Interact with Loomino using any application not authorized by Loomino.
• Access, use or publish Loomino's Application Programming Interface (API).
• Collect passwords for any purpose.
• Collect, or attempt to collect, personal information about third parties without their knowledge or consent.
10. Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
If, in our judgment, your purchase constitutes a high-risk transaction, we may require you to provide us with further identification documents. We reserve the right to change products and product pricing at any time.
11. Cancellation Right
a) You have a right to cancel your payment and activation of your account within 14 days from the day of payment, without giving a reason for the cancellation.
b) In order to exercise your cancellation right, you must contact Loomino using the "Contact Us" form or by Email (firstname.lastname@example.org). The cancellation must be stated clearly and include your name, Email address and date of payment. Please note that to keep your account secure, we can normally only accept cancellation requests from the same Email address as your account Email.
You may use the following model text:
I request to exercise my cancellation right of Loomino's activation.
Paid on dd/mm/yy, name, Email address.
c) We will issue your refund to the same payment method you used for payment. Refunds may take up to 15 working days to show in your statements.
d) Your account will be deactivated when issuing a refund. You may activate your account again in the future.
e) If you would like to delete your account completely, you may do so after your refund has been confirmed. Note that we cannot issue refunds if you already deleted your account.
f) Abusing the right of cancellation (e.g., activating and cancelling the activation multiple times) is prohibited as per Section 9 (Prohibited Use).
12. Links to other resources
Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.
13. Security Breach Notification
If you discover or suspect a security breach, do not disclose it publicly. Contact us at email@example.com with reproducible information. As long as good practices are taken, we will not seek legal action.
14. Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Loomino Oy or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Loomino Oy. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of Loomino Oy or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of Loomino Oy or third party trademarks.
15. Limitation of Liability
In no event will Loomino be liable to you or any third party for any special, indirect, incidental, exemplary or consequential damages of any kind arising out of or in connection with the service or any other service and/or content included on or otherwise made available to you through Loomino, regardless of the form of action, whether in contract, tort, strict liability or otherwise.
Our total liability for all causes of action and under all theories of liability will be limited to the amount you paid to Loomino. this section will be given full effect even if any remedy specified in this agreement is deemed to have failed of its essential purpose.
You agree to defend, indemnify and hold us harmless from and against any and all costs, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of Loomino, including any claim that your use of Loomino violates any applicable law or regulation, or the rights of any third party, and/or your violation of these terms.
Except as expressly provided for herein, the services are provided on an “AS IS” or "AS AVAILABLE" basis without warranties of any kind, and we expressly disclaim any and all warranties with respect to the service or content, whether express or implied, including the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that we do not warrant that the services will be uninterrupted, timely, secure, or error-free.
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