Terms and Use Conditions



The website Look Ouch it’s available in the following URL:
www.lookouch.com, at any wireless or network on the internet, smartphones and tablets.

The use of this website is restricted to the signed up and registered users (from now on referred as “Users”) at the website Look Ouch. Before being able to access our services, the user must first read and accept unconditionally the terms and conditions (from now on referred as “Use Conditions”).
By having accepted at the sign up, the user is obliged to this conditions during the use of the website www.lookouch.com.
Look Ouch keeps the right to modify at any given moment the terms and use conditions. Regarding this, you recognize and agree that by using Look Ouch after the modifications you agree with the new modified Terms and Use Conditions.

The editor of the site www.lookouch.com is propriety of Dreaming Different, lda, Rua do Paraíso, nº 51 – 2425 Monte Redondo, Leiria, Portugal

  • The Look Ouch site is originally dedicated to creatives, artists and artist lovers.
    It is accessible to all internet users, as well as to of age and underage people, last ones must be represented by their parents, legal guardian and should be under their supervision.
    In order to create an account and become a User, you must provide your name, e-mail address, country and also choose a User name and Password. As with every password, you should choose one that only you know, and not share your password with other people.
    Look Ouch will ask for additional information during the registration process (for example, sex, location, etc). We use that information in order to provide more personalized services. As a user, you can add information about your Look Ouch profile.
    Your user name will allow you access to your own personal page.
    What we call “Identification” it’s your e-mail address. In case of lost password, you can use the “Forgot Password” and you’ll receive an e-mail with the information necessary to the new access. Your user name will allow you Login to the various resources and services we have at Look Ouch.
    The personal space is the page that shows all the informations about a User.
    It is only available to any user of Look Ouch when you register: your name, e-mail and password.
    The texts, videos, music and images that you publish in your personal page is shown below in “Account Management”.
    All this items will be from now on referred to as “Users Content”.
    All the different services, free or paid, that Look Ouch provides called “Services”, are explained in sections 2 and 3 of this Terms of Use.
  • You can publish texts, pictures or audio and video files in all the categories available in the portfolio gallery.

    Be noted that by commenting on the content posted by a User of the Look Ouch site, your comment will be visible by all the users in the Look Ouch site, it is not possible to pick a specific public.
    See Section 4 “Confidentiality” about the use of personal information given at Look Ouch.
    The informations you supply at Look Ouch can be copied or communicated by a user that takes knowledge of the content. This way when this content is available for other users, you agree that they, for free and personal use, have the capacity of seeing and sharing your content from the site Look Ouch and also in other means of communication during the period of accommodation of your content at Look Ouch.
    See Section 5 “Copyright” to know about the protections that apply to content that you intend to publish in Look Ouch.

    • You can close your personal account at the Look Ouch site at any moment with the “desactivate my account” option.
      If you've deactivated your account, you can reactivate it at any time just by logging in.
      If you can't remember your password you can request a new password.
    • In the case a User fails to comply with the essential obligations of the General Conditions, Look Ouch keeps the right to with immediate effect, and without previous warning remove the account of the User in question. Of which will result in the inaccessibility to all content published at his personal, the rescission will be without compensation of any signed services, free or paid, connected to the account.
      In the same, a User account opened on the site Look Ouch with more than 365 consecutive days without use, Look Ouch holds the right of removing said account without any need for special formality.
      There will be no restitution of values regarding quotas, subscriptions, credits.
    • Any rescission rends inaccessible all content within the site www.lookouch.com in compliance with the conditions stated above.
      Your name and any other identification in our, public and accessible by the public data base of personal information, will be removed.
      We are under no obligation of maintaining your personal data. We can, if deemed necessary, maintain some information in our data base if we believe it to be necessary in order to avoid fraud, future abuse or for commercial legitimate use. Look Ouch can also maintain your data to service other users. In the same way, other informations you have chosen to share with others, or that users have copied, might appear visible in Look Ouch or other social networks, this information persists even after the rescission of your account.
      Look Ouch does not accept any responsibility for the exclusion or retention (subjected to the conditions present in this document) of any data or any obligation to not exclude data.
      For further information consult the Section 4 of this Terms and Conditions.
 
Once signed up with Look Ouch and after you created your profile, you can use the following services for free:
Create your portfolio, with the following elements depending on your choice:
  • - publish an ad for a project or event
  • - apply to an ad
  • - add images for your portfolio
  • - add a video archive through Youtube or Vimeo
  • - add an audio archive through SoundCloud
  • - write texts
 
You are the only responsible person for the content that you publish on or through www.lookouch.com, as well as for any information transmitted to any other User, by you.
  • Look Ouch has no specific control over the content you choose to publish, and in no case shall we be held accountable for the information you decide to share, whether you are the author or not. We do not owe obligatory vigilance of the content transmitted or stored (by the users) on our website. The only obligations in the quality of host in the fight against certain content, and has stated in the article “Report Abuses” are the rescission of their connection data, protected by professional secret and treated accordingly with the legal dispositions in matter of personal data. We also oblige ourselves to the removal of content that is clearly illegal, and as soon as we have knowledge of that.

  • You cannot, by means of use of our services, get involved in acts of any nature that are contrary to the legal regulations and dispositions of the Portuguese Republic, and/or that affect the public order or the personal rights of others.
    Specifically and without making the list to long:
    - You are to maintain your user name and password confidential and not share to others. You will be held accountable for all acts and actions made on the website under your user name.
    - By uploading your content to Look Ouch (whether it be drawings, photography, video, paintings, audio, commentary, your surname or avatar), you are obliged to comply with the legal dispositions and regulations currently enforced in Portugal.
    - All the visual, sound, audio-visual or texts published from your IP address will be displayed to the public under your exclusive responsibility. For that matter it is your responsibility to assure that the distribution and storage of your content through Look Ouch do not violate the copyright intellectual laws of other people (for any reproduction of existing works of art that were not made by you or that you have no authorization from the owner of the copyright material). By publishing and making available to other users you content through the site Look Ouch, you assure that you have all the rights and authorizations needed from the copyrights owners and that you fulfilled all the payments in accordance to this document due to collective management (for audio recordings, audio-visual works, non-limitative list). For further information about this subject, please check the Article about “Intellectual Propriety”
    In the event of non-compliance from the user regarding this, your content will be removed as stated on section 1 and or your account will be deactivated without any warning, whether by company decision or reports of others. Non-compliance also means you are risking a judicial process, penal sanctions and judicial compensations.
    - You agree in not carry or distribute information that could be considered offensive, violent, insulting, racist or xenophobic or that might go against the finality and spirit of Look Ouch and their online community of users. So, it is expressively forbidden publish, share, distribute at or through Look Ouch any content that might contain, defamation, insults, threats, blackmail, assault, incitement to the use of violence, racial hatred, and more generally to commit crimes; Propagation of any content or intention to represent or offer to sell goods and/or books, software, content forbidden by Law or infringe on other people’s rights, to undermine the authority of justice, invasion of privacy, personal data protection or the privacy of correspondence, excuses for crimes against humanity or denial of genocide. Even acts that place underage’s in any kind of danger, including the productions, transmission and distribution or accessibility to messages of violent or pornographic nature, because they undermine the human dignity.
    - You compromise to not try to fool other users by stealing their identity and/or harm the image or reputation of other people.
    - You compromise to not falsify content data, messages or documents, message headers, credentials or connections or any other kind of way by manipulating the identifiers, with the objective of cover and hide the origin of the transmission of content through Look Ouch.
    - You compromise to not take part in any type of informatics piracy, to know:
    Knowingly download, publish, transmit, distribute or make available in any form, any content that is virus infected or any other code or programs projected to interrupt, destroy or limit the functionality or the performance of any service, electronic communication tool.
    - You will also not, disturb, delay, block or alter the normal flow of data within the service, modify, alter or act with the intent to disturb the functionalities of the site Look Ouch.
    - You will refrain from, publishing, show or distribute in anyway any information or content that have the effect of diminish, disorganize or prevent the regular usage of the services, to stop and/or diminish the regular circulation of communications between the users through services such as software, virus, mass messaging, etc.
    The lack of compliance with these rules can, by decision of Look Ouch management, lead to restriction, suspension or rescission of your account. Any user whose behaviour violates the legal obligations, will be exposed to a complaint on our part to the Civil/Criminal court of Law.

 
Look Ouch´s goal is to connect creatives and projects from all over the world of art and culture. Making part of Look Ouch comprehends the sharing of information about you with others, as well as developing your private work. Your account will be configured by default to share information that we consider useful to most of the users. But the amount, kind and destiny of the information you choose to share is at your choice.
  • Look Ouch offers, through the platform, various services (check sections 2 and 3 for more details), to allow the amateur and professional art in all its forms, to share passions, disclose your portfolio, maintain and expand your contact network, collaborate in projects, create ads, share and distribute information between users. By registering at Look Ouch you willingly and knowingly share personal information. If you have any doubt about the transmission of your personal information and/or exhibition at Look Ouch or any other usage that is allowed by this Terms and Conditions, you should not proceed with your registration at Look Ouch.
    We’ll collect your personal data the following way:
    • You recognize that the information at Look Ouch during the registration, whether it was given by request or voluntarily, are personal information. By creating a Look Ouch account you accept that Look Ouch identifies you. All information given during the registration or in the profile section can be used by Look Ouch accordingly to what’s described in this Terms and Conditions.
      The information that is visible to all users of Look Ouch is: Your profile picture and cover (optional), your name or surname, your presentation, your art if you are an artist and possibly your country and city if you included that in the registration.
      The information that is NOT visible to all users of Look Ouch is: Your e-mail address, birthday and sex.

    • In order to interact with other Users within Look Ouch, you can use the services that allow you to like, share, comment and publish ads in order to invite your network for a project or event.
      The names and e-mail addresses of the people you wish to invite will be used to send your invitations and messages as well as allow Look Ouch to help you grow inside your network.

    • Due to norms of Internet communication, when you arrive at Look Ouch we receive the link of the website you came from as well as the website you’re going to one you leave Look Ouch. Besides that, the advertisers receive the URL address of the page where you are and when you click a banner from advertising at Look Ouch.
      We also receive information about the browser you are using (or the proxy server you use to access the internet), if you connect through smartphone we also receive the description of your elements of unique data and the operational system of the mobile equipment. LOOKOUCH can also receive location data from 3rd party services or GPS dispositive that is active.

    • According with the current Law in Portugal or the country where the access is being made, regarding computers, archives and freedoms, you have right of access, rectification, opposition and suppression of data by writing to:

      Dreaming Different Lda,
      Rua do Paraíso, Nº 51 –
      Porto Longo
      2425-622 Monte Redondo LRA
      Portugal

      Or by e-mail to: support@lookouch.com

      You should indicate your name, address and e-mail in order to make the analyses of your request faster.
      When you update your data, we can maintain a register of the previous informations in our archives in order to use in the ends that are described in this document.
      Please take notice, that the informations you have shared with others or that other users have copied might remain visible, even if you request them to be removed.

    • Look Ouch keeps your data for as long as the account is active or during the necessary time to provide the services. If you want to close your account, we will need to maintain the informations for a reasonable period of time and use them only when necessary to fulfil our legal obligations, solve disputes and respect the present Agreement.

      • The data you provide to Look Ouch can reveal, or allow others to deduce, your nationality, sex, age and other aspects of your life. By providing your data to create your user account, or by adding complementary data to your Look Ouch profile, you voluntarily agree to the Terms and Conditions that authorizes Look Ouch to process your data. The fact that you communicate your data at Look Ouch, including what is known as “sensible data” according to the Law, it is a totally voluntary act. You have the right to retrieve your consent regarding the collection and treatment of your data at Look Ouch at any given moment, according to the Terms and Conditions of usage, altering your preferences or closing your account, please take notice that by retrieving your consent it’ll will not be retroactive.

      • Look Ouch contacts with you through e-mail, publications on the Look Ouch through messages in the inbox Look Ouch or by any other means available in the service. We can send a series of e-mails, to inform users about the new resources of the services. We can also send you messages about the functioning of the services. We can also send you messages with promotional information from us or our partners, unless you have identified your wish to not receive such information.

      • Your name and e-mail address will be shown at the header of communications done through Look Ouch (For example, an invite sent to a non-user).

      • We use the information you provide us (or that you provide others with combined services with Look Ouch) to personalize your experience in the website. It is specified that Look Ouch uses the cookies mechanism in order to store informations regarding the browsing of the site by the user. Cookies allow to recognize the browser of each user, allowing us to provide a personalized service. The cookies do not allow us to identify you, but it does register information regarding the browsing of the site (pages you visited, date and time of the visit, etc) that we can read in posterior visits, we inform that you can refuse cookies, by configuring your browser in the Tools menu under Options.

      • Look Ouch offers the function of “public profile”, that allows users to disclose their profile in the website www.lookouch.com
        This is a public profile, and it’s able to be tracked by search engines and shown when someone is searching for you name. Look Ouch cannot guarantee the frequency of the updates of the search engines that might contain data on old public profiles. The content distributed through resources sharing at Look Ouch and the integration of others that might result in the exhibition of some of your data outside of Look Ouch. We can supply anonymous data aggregated about the use of our services to others to ends we believe, at our exclusive decision, to be opportune.

      • Look Ouch has the right to use your name and profile photo in the messages that promote the website Look Ouch, based on shared content. You can withdrawal the permission to use your name and/or profile photo, used for promotion in social networks. To make known your wish to withdrawal the permission you just have to send us a request expressing your wish.

      • We can disclose personal data, profile data and/or informations about your activities as a Look Ouch user and judicial requisition, or if Look Ouch believes in good faith that disclosure it’s necessary:
        To investigate, prevent or act in the presence of illegal activities known or suspected, or to help governmental organisations;
        To execute the Terms and Conditions in order to investigate and defend against any claim or claims from others, or to protect the security and integrity of our website;
        To exercise or protect the rights, the propriety or personal security of Look Ouch, it’s users, collaborators and others.

      • We can also disclose to others your personal data and information presented in connection with the sale of assets of Dreaming Different, Lda to others or as a result in the change of the management of the company. Any other to whom we transfer or sell assets from Dreaming Different, lda will have the right to continue using the personal data and other information you provided in the creation of your user account and/or development of your profile.
 
The copyrights subject is an important subject for creatives, artists and art lovers.
Below we show you how to access all the relevant informations to manage the website Look Ouch and your rights.
  • When you upload videos, photos, drawings, paintings and/or texts and commentaries, your name or surname from your personal account at the site www.lookouch.com, nor Look Ouch nor Dreaming Different, Lda acquire propriety rights over your works. After you upload your work to other users (individually or to groups), you agree that they have, freely and just for personal use, the ability to see and share your content at Look Ouch and other electronic means of communication (including smartphones, tablets), during a period in which the content is housed at our platform Look Ouch. If it is your intention to obtain an exploration, including commercial the content of other user, it is your responsibility of obtaining by writing the necessary authorizations.
    Besides that, and during the period of accommodation of your content on our website Look Ouch and inside the strict functionality of the site, accessible only through Internet, authorizes us to reproduce / display your content and if necessary adjust its format to the effect.
    You are also aware that, given the nature of Internet, all the data that is provided, as well as its content, are not protected against risks of misappropriation and piracy, for which Dreaming Different Lda and the platform Look Ouch cannot be held liable. It is your responsibility, if such is the case, to take the adequate measures to protect such data.

  • Other users of Look Ouch can send their own creations, such as photos, drawings, music, text, etc. (From now on called “content from other users”). You agree in not using the content of other users for any other reason that not the personal use, not commercial, as foreseen and authorized by normal functionality of the website LOOKOUCH and just in streaming.
    “Streaming” means the numeric and simultaneous transmission of digital content for Look Ouch in a device with Internet access and runned by the user, in a way that the data are destined to be visualized in real time and not be download (for ever or temporarily), copied, stored or distributed by the user. We recall your attention to “Article 4 – User Obligations” which regards intellectual propriety rights.

  • the site Look Ouch accessible at www.lookouch.com, the figurative brand “LOOK OUCH” and all the rights associated with it are exclusive propriety of Dreaming Different, LDA.
    Any reproductions even if partial is subjected to authorization in writing from Look Ouch.
    Any use from the site Look Ouch or utilization of any content publish within the website (and not by a user or advertiser) of pages, informatics code to any Internet website or any means of communication are expressively prohibited and are punishable with penal sanctions and/or civic, and it can expose the user or visitant to those sanctions.

 
Regarding everything that respects the content inserted in Look Ouch by its users, Look Ouch acts as accommodation, so it is under no obligation to monitor actively the content of the sites, forums, blogs and personal pages accommodated within. Look Ouch just archives items available online and collects personal data and so it is obliged to publish the content of the items inserted by others, in conformity with the current Law.
If proven the presence of illegal information accordingly to the current Law, the content will be removed or made inaccessible if the information is clearly illegal. If not, when the illegal content is identified by a user and it is not clearly illicit, the user should follow the procedure foreseen by law.
Once we’ve been informed and have verified the illicit nature of the information, we will promptly remove the illegal content or block access.
In any case, all the personal data that identifies the author of the illegal content will be stored. This data might be given, if necessary, to representatives of Law, or by request of the person harmed by the content.
Take notice that he who inserts illegal content in website Look Ouch can be directly sued for cases of illegal publications or counterfeit and is risking they’re civic and penal responsibility.
  • This procedure intends to prevent:
    - Transmission of Illegal content (according to the penal law)
    - Invasion of private life (image use / personal information, without permission – Abuse / Harassment)
    - Infringe on intellectual propriety (Brand breach – Copyright violations)

    Illegal content:
    You can signal content problems forbidden by penal Law or simpy not allowed, without special condition (Adult and children pornography, racism, instigation to violence, etc).
    A site should not be branded with insults, depreciations, defamations or racism, xenophobe or anti-Semitism. There are also referred as insult, defamation and instigation to discrimination, hatred, and violence, incitation to crime or offense to justify crimes against humanity.
    No matter o has talked or written, just to publish or transmit a crime. The person affected by this words, or the Public Ministry, can interpose a civil or criminal action. Any representation of minors in any pornographic character is expressly forbidden and will be reported to the authorities.

  • It is forbidden to publish any video / photos that cause harm to the private life or dignity of people.
    You can report any problem of non-conformity with privacy related to your image, financial information or other personal information that identifies you, as your address and phone number. Your report e-mail, authorizes us to get in contact with the user that uploaded the video / photos online, to warn him of the situation and allow him to solve the problem. He has 48 hours to remove or modify the content in question. At the end of the 48 hours if no action was taken his video / photos will be analysed by our team at Look Ouch.
    If the user discloses personal information (your address, phone number) or financial information (credit card codes or bank information), we authorize that you report them directly to the authorities in order for the case to reach the best and fastest solution possible.
    Threaten other users through commentary, videos and private messages its considered harassment and it’s contrary to the Terms of usage. If you threaten the other users of the platform you can be warned or your account suspended.
    Note: If you believe you are being victim of threats, contact directly with the authorities to obtain assistance.

  • Brands, drawings or models:
    Take notice that Look Ouch does not have the necessary legal competence to solve disputes between users and brand owners, designer or models. We strongly suggest that the brand owners, designers or models solve their problems with the user that posted the content in question, this may allow a quicker, easier and more benefice resolution of the conflict to you, the user and Look Ouch community.

    In order to contact directly the user via private message, you need to be a member of the Look Ouch community.
    If you do not want to find a consensus with the user, please follow the steps described below (II).
    Copyright
    You declare in good faith that:
    You are the proprietary / authorized dealer acting in name of the proprietary of an exclusive right.
    You have good reasons to believe that the use of the object of your complaint is forbidden by the owner of editorial rights, your agent.
    This notification is exact.
    You agree and risk a judicial action for fake accusations or acting in bad faith, violating in that way editorial rights that are issued through this rights process.
    You are in conscience that the wrongful usage of this tool will result in the closing of our Look Ouch account.

    Procedure to follow:
    For any abuse met at the content of a work of art or the functionalities of the website, you can contact us directly at the e-mail: support@lookouch.com
    In the subject field, specify the kind of subject in relation with the illegal content.
    Your report should allow us to quickly identify the abuse or illegal content.
    The notification should contain the following elements:
    Date of notification;
    If the notifier is a person please include, complete name, profession, residence, nationality, date and place of birth, if it is a company, please indicate the kind of company, its name, headquarters and who are you representing.
    The name and address of the notifier.
    Description of the facts and their precise location.
    The reasons for which the content should be removed, including the mention of the legal dispositions and justification of the facts.
    A copy of the correspondence addressed to the author or the editor of the information or litigious activities demanding his suspension, removal or modification, or justification of why the author could not be contacted.
    After receiving a report regarding an abuse in content that is not clearly visible, Look Ouch invites the author to take the necessary measures and contact the authorities, and a copy of the complaint to the Look Ouch administration.
    Inviting the author to verify that the content is in accordance with the Terms and Conditions of Use.
    Look Ouch can only really remove content after a judicial decision or if the content is clearly illegal.
    If the content is actually illegal, Look Ouch compromises in doing all the efforts necessary to remove it the soonest possible.
    Any notification for abuse of content supposedly presented as illegal, with the objective of obtaining the removal out of Look Ouch can expose you to judicial sanctions, civil and criminal.

 
Look Ouch goes to great lengths to leave the local accessible 24/7. But, the operations of modality, test and control, regular maintenance, as well as the actions necessary in any case of faults, those can be performed by our services at any given time.
The users undertake that they will not interfere with the good functioning of the site in any way in particular, not overloading the bandwidth, not transmitting in or through the website any material that might contain virus, Trojan horses, malwares, logic bombs or any other material that might damage, intercept, interfere with the total site or just part of it. Any user that damages the site is able to be targeted judicially.
To assure the security of safety and personal data, the access to data at Look Ouch it’s protected by a password and the sensible data is protected during the data trade between the browser, the user and the website Look Ouch. In order to protect the data saved by the users in the Look Ouch servers, Look Ouch promotes regularly system inspections to identify possible vulnerabilities and eventual attacks, we also use a treatment centre for data access to make sure the trade of data is made in the most secure possible way. Yet the internet is not a 100% safe environment, it is not possible to assure and guarantee the safety of the informations transmitted through Look Ouch. The users are responsible for the protection and security of their data connection.
E-mails, instant messages and other means of communication with other users Look Ouch are not encrypted and Look Ouch strongly advices you to do not disclose confidential information through this mean.
Look Ouch will not be held responsible for technical problems in the website.
Look Ouch cannot be held accountable for problems in other sites with whom connections are established, or any other information posted on those websites, as well as the consequences of its usage.

 
This legal notification and the Terms and Conditions are accordingly to the Portuguese Law. In case of litigation regarding the appliance of value, interpretation and/or express concession of the jurisdiction is given to the courts of Leiria.
This website is accordingly with the Portuguese Law, in anyway Look Ouch does not give any assurance on the conformity with the laws of other countries.

 

The “Look Ouch” brand is registered at the Instituto Nacional da Propriedade Industrial, INPI Portugal and it is exclusive private propriety of Dreaming Different, lda.

Our contact:
If you have doubt or commentary regarding this Terms and Conditions, please, get in contact with us through the e-mail: support@lookouch.com