The Luupe

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The Luupe Terms of Use

Last updated: February 18, 2025

Welcome to The Luupe. We’re so happy you’re here. Please enjoy immersing yourself in our world of creativity. Please be sure to read and agree to these Terms of Use (“Terms” for short) before using Our Service.

1. Interpretation and Definitions

1.1 Interpretation

Capitalized words and their variants used herein have the definitions ascribed to them in these Terms.

1.2 Definitions

For the purposes of these Terms of Use the following terms and any variants used herein shall have the following meanings:

  • Account means a unique account created for You to access our Service or parts of our Service.
  • Affiliate means an entity that, directly or indirectly, owns or controls, is owned or is controlled by, or is under common ownership or control with a party. As used in this definition, “control” means the power to direct the management or affairs of an entity and “ownership” means the beneficial ownership of more than fifty percent (50%) of the voting equity securities or other equivalent voting interests of an entity.
  • Buyer refers to users of the Service who are placing Orders for Goods.
  • Country refers to the United States.
  • Company (also "We", "Us" or "Our" refers to The Luupe, 228 Park Ave S #23198, New York, NY 10003-1502.
  • Content refers to photographs, images, illustrations, vectors, videos, PDFs and the like that can be posted, uploaded, downloaded, linked to, or otherwise made available by You.
  • Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
  • Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
  • Order means a request by You to purchase, sell, license or trade Content by any means on the Website.
  • Seller refers to users of the Service who create a Seller profile and make Content available on the Service
  • Service refers to the Website at the following URL.
  • Terms of Use (also referred to as "Terms") mean these Terms of Use that form the agreement between You and the Company regarding the use of the Service.
  • Website means <www.theluupe.com>.
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Acknowledgment

These Terms govern the use of this Service and serve as the agreement between You and Company. These Terms also describe the rights and responsibilities of all users of the Service and/or visitors to the Website.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms.

By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms do not access the Website or otherwise use the Service.

You represent that if You are an individual You have attained the age of majority and are legally competent to execute these Terms and to take all actions required pursuant hereto. The Company does not permit persons under the age of 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with Our Privacy Policy, which describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Service and/or access the Website and your rights related thereto. Please read Our Privacy Policy carefully before using Our Service.

3. Governing Law / Jurisdiction

These Terms shall be governed by the laws of the State of New York, without regard to any principles of conflicts of law. You and Company each agree to submit to the personal jurisdiction of the State and Federal Courts located in the State, City and County of New York for the purpose of litigating any dispute or claim between You and Company.

3.1 For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

3.2 United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

3.3 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force, and effect.

3.4 Waiver

Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

4. User Accounts

The Luupe’s Services connect people around the world, who create and utilize Content and services related to the creation thereof. The following is intended to help you understand the specific rules that are relevant for you, depending on how you use the Service.

Our Terms of Use: If you use any of our Services, you agree to these Terms, and our Privacy Policy and if applicable, our Content Licenses and our Seller Policy.

Our Terms of Use for Sellers: If you create a Seller profile and/or list any Content or services for license or sale through our Services, these policies apply to you. You can read them here.

The following rules and policies are part of our Terms. Please be sure to read and understand them.

4.1 Account Creation

When You create an Account with Us, You must provide information that is accurate, complete, and kept current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

4.2 Account Information

You may be asked to supply certain information relevant to Your Account including, without limitation, Your name, Your email, Your phone number, and Your address.

You may have to provide documents to comply with identity verification.

Before or while posting Content you may be asked to supply, Your bank account details, together with proof of Your identity as might be required by Our vendors.

Before or while placing an Order, you may be asked to supply, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information together with other data that may be required by our payment processor.

4.3 Account Review

We do not perform background checks or endorse any users. We do not accept any responsibility for the reliability, accuracy, and completeness of any information provided by users.

4.4 Account Password

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

4.5 You and The Luupe

These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between You and The Luupe.

4.6 Account Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service. Upon termination, Your right to use the Service will cease immediately.

If You wish to terminate Your Account, You may simply discontinue using the Service or delete Your Account from the Service, or contact Us for help.

5. Content

5.1 Your Right to Post Content

Our Service allows You to post Content for licensing and/or display. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the laws of any jurisdiction, the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

5.2 Content Restrictions

We are not responsible for Content posted by users of Our Service. You expressly agree that You are solely responsible for Your Content and for all activity that occurs under your Account, whether conducted by You or by any third person using Your Account.

This should be common sense, but there are certain types of content we don’t want posted on The Luupe’s Services (for legal reasons or otherwise). You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following. Content that is or contains:

  • Unlawful or promotes unlawful activity.
  • Defamatory, discriminatory, or mean-spirited, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine, or randomly–generated content, constituting unauthorized or unsolicited advertising, chain letters, any form of unauthorized solicitation, or any form of lottery or gambling.
  • Or installs any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
  • Intended to Impersonate any person or entity including the Company and its employees or representatives.
  • Material that violates the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, in its sole discretion, to determine whether or not any Content is appropriate and complies with these Terms and to remove or refuse to accept any inappropriate or noncompliant Content. Company further reserves the right to make changes to any Content for formatting and/or other technical reasons. The Company can also limit or revoke the use of the Service if You post objectionable Content. As the Company cannot control all Content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to Content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your viewing or use of any Content.

5.3 Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

5.4 Intellectual Property of Others and Copyright Infringement

DMCA. We respect the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the Content they post to the Service does not infringe any third-party copyright. We will promptly remove infringing Content in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, We may terminate the Accounts of repeat copyright infringers.

DMCA Takedown Notice. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

  • Your name, address, telephone number, and email address (if any);
  • 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, sufficient for Us to locate the material;
  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
  • A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner’s behalf;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

You may submit this information via email to legal@theluupe.com or by mail to The Luupe, Inc., 228 Park Ave S #23198, New York, NY 10003-1502, Attn.: Copyright Agent.

DMCA Counter-notification. If you believe that your material has been removed by mistake or misidentification, please provide The Luupe with a written counter-notification containing the following information:

  • Your name, address, and telephone number;
  • A description of the material that was removed and the location where it previously appeared;
  • A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Seated Technologies, Inc. may be found (which includes the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person;
  • Your electronic or physical signature.

You may submit this information via email to legal@theluupe.com or by mail to The Luupe, Inc., 228 Park Ave S #23198, New York, NY 10003-1502 Attn.: Copyright Agent.

Please note that we will provide complete copies of counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, at your written request. we will restore the disabled materials. Until that time, your materials will remain disabled.

Warning: In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the foregoing requirements, your notification or counter-notification may not be processed.

In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

We respect the intellectual property and copyrights of others. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

6. Orders for Content

By placing an Order for Content through the Service, You warrant that You are legally capable of entering into binding contracts.

6.1 Position of the Service in Orders

Our role is one of a facilitator between You and the Sellers using the Service. We are, therefore, a third party in regard to Orders, which limits Our liabilities in any disputes between You and the Sellers.

We are not a party to any agreement You have with the Sellers. Any agreement You enter with the Sellers does not form a part of any agreement We have with you.

6.2 Your Information as Buyer

If You wish to place an Order for Content available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

6.3 Availability, Errors, and Inaccuracies

The Luupe and Sellers are constantly updating Our offerings of Content on the Service.

The Luupe and Sellers cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

6.4 Prices Policy

The Company and Sellers reserve the right to revise their prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company or subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company or the Seller. In the event that such changes result in a higher price to You, You will have the right to cancel Your Order.

6.5 Payments

Payment can be made through various payment methods we have available. We rely on payment gateways that have their own terms of service and their own limitations.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. We will not be liable for any delay or non-delivery of Your Order.

6.6 Service Fees

We may charge You some fees (and applicable Taxes) for the right to use the Service. More information about when service fees apply and how they are calculated is displayed during your Order. We reserve the right to change the service fees at any time.

6.7 Order Modification

You and the Sellers are responsible for any Order modifications you agree to make via the Service and agree to pay any additional amounts, fees, or taxes associated with any Order modification.

6.8 Order Cancellation

6.8.1 Our Order Cancellation Rights

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

* Content availability

* Errors in the description or prices for Content

* Errors in Your Order

* Mistakes from the Seller

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

6.8.2 Order Cancellation by Buyers

If You as a Buyer cancel an Order, the amount You paid (including the Service fees) is not refunded.

If something outside Your control requires You to cancel an Order, or if You think your Order should be refunded, contact Us.

6.8.3 Order Cancellation by Sellers

If You as a Seller cancel an Order, the amount the Buyer paid (including the Service fees) will be refunded to the Buyer and will not be transferred to the Seller.

If something outside Your control requires You to cancel an Order, or if You think your Order should be refunded, contact Us.

6.9 Order Dispute

If a Buyer or a Seller disputes an Order, the Company should be notified. The dispute will be resolved at Our sole discretion.

7. Disclaimer of Warranties and Limitation of Liability

7.1 Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company r and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD (or its equivalent in the Service local currency) if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, Company’s liability will be limited to the lowest monetary amount permitted by law.

7.2 "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, performance, usage or trade practice. Without limitation of the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

7.3 Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise You to read the terms of service and privacy policies of any third-party websites or services that You visit.

7.4 Translation Interpretation

These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

8. Disputes Resolution about the Service

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

We hope this never happens, but if The Luupe gets sued or receives a claim, notice, inquiry or demand because of something that You did (or failed to do), You agree to defend and indemnify Us. That means, without limitation, You’ll defend, reimburse, compensate, and hold The Luupe (including any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable attorneys’ fees) that arises as a result of Your actions, Your use (or misuse) of our Services, Your breach of the Terms, and/or Your actual or alleged violation of any law or any third party’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

8.1 Disputes with Other Users

If you find Yourself in a dispute with another user of The Luupe’s Services or a third party, we encourage You to contact the other party and try to resolve the dispute amicably.

Buyers and sellers who are unable to resolve a dispute related to a transaction on Our websites or mobile apps may email hi@theluupe.com. In Our sole discretion, The Luupe will attempt to help you resolve disputes in good faith, but we will not make judgments or determinations regarding legal issues or claims. The Luupe has no obligation to resolve, or to assist in resolving, any disputes.

You release The Luupe from any claims, demands, and damages arising out of disputes with other users or third parties.

9. Intellectual Property of the Service

The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

10. Your Feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license (through multiple tiers), distribute, modify and exploit such Feedback without restriction.

11. Changes to these Terms of Use

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 10 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

12. Contact Us

If you have any questions about these Terms of Use, You can contact us by email at legal@theluupe.com.