TERMS AND CONDITIONS OF USE

Last revised on 04/01/2018

IMPORTANT NOTICE: THIS TERMS OF USE AGREEMENT (“AGREEMENT”) CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE BINDING INDIVIDUAL ARBITRATION SECTION BELOW.

Notice to California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. If you subscribed using your Apple ID, refunds are handled by Apple, not Lokate. If you wish to request a refund, please visit https://getsupport.apple.com. If you subscribed using your Google Play Store account or through Lokate Online: Contact customer support.

Welcome to Lokate, operated by "Loopie computer and database network S.A. de C.V."" Lokate provides access to the Application to you subject to the following terms and conditions.

Acceptance of Terms and Conditions of Use

By creating an account with Lokate or by using the Lokate messanger app, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service. Essentially, if you use the Application, you accept these terms and conditions of use. PLEASE READ THEM CAREFULLY.

We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Services under Settings, and you should regularly check for the most recent version.

The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.

Eligibility

You must be at least 18 years of age to create an account on Lokate and use the Service. By creating an account and using the Service, you represent and warrant that you can form a binding contract with Lokate; you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition; you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations; and you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

Your Account

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Lokate, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact . contact@lokateyou.com

Lokate grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-transferable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits as intended by Lokate and permitted by this Agreement. Therefore, you agree not to:

• use the Service or any content contained in the Service for any commercial purposes without our written consent.
• copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Lokate’s prior written consent.
• express or imply that any statements you make are endorsed by Lokate.
• use any method or process to access, retrieve, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
• use the Services in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
• upload viruses or other malicious code, probe, scan or test the vulnerability of our Services or any of our systems or networks or otherwise compromise the security of the Services.
• “frame” or “mirror” any part of the Service without Lokate’s prior written consent.
• use meta tags or code or other devices containing any reference to Lokate or the Service (or any trademark, trade name, service mark, logo or slogan of Lokate) to direct any person to any other website for any purpose.
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
• use or develop any third-party applications that interact with the Services or other users’ Content or information without our written consent.
• use, access, or publish the Lokate application programming interface without our written consent.
• encourage or promote any activity that violates this Agreement.
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

Modifying the Services and Termination.

Lokate is dedicated to providing elite Services and bring you the most engaging and useful connections. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions materially affect your rights or obligations, we will provide you with reasonable notice before taking them through the application or e-mail. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service, however you will need to manage your in application purchases through your mobile device platform (e.g., iTunes, Google Play). Lokate may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Lokate: Section 5, Section 6, and Sections 13 through 20.

SAFETY

Lokate strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in communicating with one another, however, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Lokate’s Safety Tips, located on Community Guidelines, prior to using the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to any other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT LOKATE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. LOKATE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. LOKATE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

License and Application Access

When you create an account on Lokate, you grant to the company a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Our license to your Content is subject to applicable privacy laws and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Lokate users).

You agree that all information that you submit upon creation of your account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Lokate above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole discretion violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

In consideration for Lokate allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to Lokate regarding our Services, you agree that Lokate may use and share such feedback for any purpose without compensating you.

You agree that Lokate may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

Service Rules

By using the Services, you agree that you will not:

• use the Service for any purpose that is illegal or prohibited by this Agreement.
• spam, solicit money from or defraud any users.
• impersonate any person or entity or post any images of another person without his or her permission.
• bully, “stalk,” intimidate, harass or defame any person.
• post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
• post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
• post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
• solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
• use another user’s account.
• create another account if we have already terminated your account, unless you have our permission.

Lokate reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have misused the Service or behaved in a way that the Company regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.

Although Lokate reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and the Company cannot guarantee that all Content will comply with this Agreement. If you see Content on the Services that violates this Agreement, please report it within the Services.

Links

These terms and conditions of use apply only to the Application, and not to the websites of any other person or entity. We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, or other resources available from any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services, or other resources). You should direct any concerns with respect to any other websites to that website’s administrator.

Copyright

All content included on the Application, including, but not limited to, text, design, graphics, logos, button icons, images, and code, is the property of Lokate Laser, and is protected by United States and international copyright laws. Nothing contained on the Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Application without our express, written consent.

Trademarks

Lokate may own certain registered and unregistered trademarks in the United States or other countries, including but not limited to:
Lokate

The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Lokate or its affiliates may not be used in connection with any business, product, or service in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits Lokate or any of its affiliates. All other trademarks, service marks, trade names, and logos not owned by Lokate that appear on the Application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lokate. Nothing contained on the Application should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Lokate displayed or contained in the Application without our express, written consent.

Patents

One or more patents may apply to the Application and to the services accessible via the Application. Nothing contained on the Application should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the foregoing patents, licensed patents, or the patentable inventions contained therein without the express, our expressed, written consent.

Copyright Infringement Claims

We respect the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our “Copyright Agent” the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
• your address, telephone number and email address;
• a written statement that you 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 above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to our designated agent for notice of claims of copyright infringement on the Application at the following addresses:
Copyright Agent
Lokate
contact@lokateyou.com

Please note that this procedure is exclusively for notifying us that your copyrighted materials have been infringed. All intellectual property infringement claims shall be made under penalty of perjury.

THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT

Disclaimers.

LOKATE PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LOKATE DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.

LOKATE TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOKATE, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF LOKATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LOKATE’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO LOKATE FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Arbitration, Class-Action Waiver, and Jury Waiver.

Except for users residing within the EU and elsewhere where prohibited by applicable law:

A. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding. A. By using the Service in any manner, you agree to the arbitration agreement herein. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
B. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Miami Dade County, Florida. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
C. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Florida without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
D. The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. Lokate does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU.

Governing Law.

For users residing in the EU or Mexico or elsewhere where our arbitration agreement is prohibited by law, the laws of the State of Florida, U.S.A., without regard to principles of conflict of laws, will apply to any disputes arising out of or relating to this Agreement or the Services. For the avoidance of doubt, the choice of Florida governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.

Venue.

Except for users residing in the EU or Mexico, who may bring claims in their country of residence in accordance with applicable law, all claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the federal or state courts of Miami Dade County, Florida, U.S.A., and you and Lokate consent to personal jurisdiction in those courts.

Indemnification

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Lokate, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Services, your Content, or your breach of this Agreement.

Entire Agreement

This Agreement, with the Privacy Policy, the Safety Tips and any terms disclosed and agreed to by you, contains the entire agreement between you and Lokate regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your account with Lokate is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Lokate in any manner.