Looking Glass - Terms of Service

Effective Date: 01/01/2024

Thanks for choosing to use Looking Glass!

These Terms of Service (“Terms”) are a binding contract between you and Looking Glass PGH (“we”, “us”, “our”) that governs your use of the Looking Glass app (“Looking Glass”). It details the rules, restrictions, and other legal terms surrounding your use of Looking Glass, so please review them carefully.

Your use of Looking Glass in any way means that you agree to all of these Terms. These Terms include everything in this document, as well as our Privacy Policy. If you don’t agree with these Terms, you may not use or access Looking Glass in any manner. The failure to follow any of these Terms shall constitute a breach, which may result in the termination or limitation of your access to Looking Glass.

You represent and warrant that you are of legal age to form a binding contract (or if not, that you’ve received your parent’s or guardian’s permission to use Looking Glass and that your parent or guardian agrees to these Terms on your behalf).

If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” throughout this document refer to that organization or entity).

Use of Looking Glass

Looking Glass is a digital archive that allows you to celebrate the stories, sights and sounds of Black life in Pittsburgh. You agree that you will not use Looking Glass in a manner that is:

  • Harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, or otherwise.

  • Infringes, violates, or misappropriates any law, statute, ordinance, regulation, or the rights of any third-party.

  • Violates the security of any computer network, or undermines any safety measures we have put in place within Looking Glass.

  • Crawls, scrapes, copies, or otherwise stores any significant portion of the content on Looking Glass.

  • Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to Looking Glass

You also agree to comply with any other guidelines and restrictions that we may publish on our website and in the Looking Glass app from time to time.

No Warranties

You acknowledge that Looking Glass is provided to you on an “as-is” basis. It is provided to you without any express or implied warranties of any kind. That includes the warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of Looking Glass will be uninterrupted or free of bugs. We do not provide any guarantees that the content you access through Looking Glass will be accurate, reliable, or error-free.

Limitation of Liability

You accept that you are fully responsible for any activities that you might undertake using the Looking Glass app. To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall we be liable to you for (1) any indirect, special, incidental, or consequential damages of any kind, and (2) any amount in excess of $100.

Modifications

Looking Glass is a living project, and we will be working to continuously improve and evolve the app over time. This means that we may suspend or discontinue any part of Looking Glass, introduce new features or modify existing ones, or otherwise make changes to the app without notice to you.

Similarly, we may modify these Terms at any time. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use Looking Glass. If you use Looking Glass in any way after a change to the Terms is effective and notice has been provided, that means you agree to all of the changes.

Miscellaneous

  • Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold us, our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of Looking Glass, and (b) your violation of these Terms.

  • Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

  • Choice of Law: These Terms are governed by and will be construed under applicable federal law and the laws of the State of California, without regard to the conflicts of laws provisions thereof.

  • Arbitration and Class Action Waiver: Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”). To the fullest extent permitted by law, you agree that all claims can only be brought in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding.

  • No Third-Party Beneficiaries: There are no third-party beneficiaries intended under these Terms.

  • No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture with us, and you do not have any authority of any kind to bind us in any respect whatsoever.

  • Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.

  • Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

  • Entire Agreement: You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.