These Terms of Service (also referred to as "Agreement"or "Guidelines") govern the use of the Looked™ website(s) and its services, servers and affiliates. The terms "Account", "Service", "Electronic Services"or "Networks"refer to the access, content, and services that Looked™ provides to its users. Looked™ may bill, host, or maintain several websites at any time and this document pertains to all services, products, data, items, objects, domains, URLS, IP Addresses servers, persons, companies, organizations, entities, affiliates in contact or related with Looked™ here after referred to as "us", "we", or Looked™ in any case or depicted symbol or image, document, item, article, garment, or object that depicts the logo, url, website(s), email address, image, that contains the Looked™ name or image is associated with this document either expressly implied or not.
By opening a Looked™ account and becoming a user, you (the "Client"or "Member") agree to all these terms.
Looked™ reserves the right to cancel any account, including deletion, modification of files and content, for any reason, or no reason at all, at any time. You agree to maintain backups of your data and all information you submit to Looked™ and you agree that Looked™ will have no liability for removing or modifying any data you have submitted. Additionally, you agree to log into the site a minimum of at least one time every month and to maintain a current and accurate e-mail address or contact information for Looked™. Failure to do so will imply abandonment and will result in the deactivation of your account. Where deactivation may result in service fees, movement, archival, deletion, termination, or modification of all content submitted to Looked™.
We may amend, modify, change, add or remove portions of the Terms of Service or any Guidelines at any time without notice to you by posting a revised version on www.Looked.com or elsewhere on the Looked™ Platform. The revised version will be effective at the time we post it. Your continued use of the Looked™ Platform after posting of the changes constitutes your binding acceptance of such changes.
When you visit this website, some information, such as the site that referred you to us, your IP and email address, and navigational and purchase information, may be collected automatically as part of the site's operation. This information is used to generate user profiles and to personalize the website to your particular interests. On some occasions we may ask you to provide information on online forms. For example, we may ask for your username, password, place of birth, full name, telephone number, email address and postal address, or other information to register online, or for your credit card number or other personally identifying information to fulfill licensing transactions or to receive products or services. We may also ask you about your age, hobbies, income, gender or other information to participate in surveys or other online activities. Providing information on online forms is always voluntary, and you are free not to complete any online forms. If you choose not to, however, some products and services may not be available to you. Some states or laws may require notification of entries by hackers or individuals that did not have right to your information content held by Looked™ or it's affiliates. This includes any data held in Looked™'s possession encrypted or not. This agreement releases Looked™ of such responsibility. You must consider all information submitted onto a Looked™ website public domain to be use as is by anyone that gains access to our website.
The Service is available only to individuals over the age of 18. In order to use our Service, you may be asked to register as a Member. You agree to provide accurate information, as prompted by the registration form, including an accurate email address where you can be contacted. Each Member is allowed to have only one Membership. Membership is non-transferable. You must choose a password. You are responsible for any activity that occurs under your user ID. You agree to immediately notify Looked™ of any unauthorized use of your user ID or another breach of security in relation to the Service. You may use the Service only for your personal, non-commercial use unless otherwise advised. You may not take the results from your use of the Service and link to them, or mirror pages from the Site on another website, or create links from other websites onto any area of the Site.
Looked™ retains all right, title and interest in the Electronic Services, and the Documentation, including all copies thereof in any form or medium, whether now known or existing or hereafter developed, and further including all pricing methodologies, models, programs, analytical tools, software tools and related methodologies, its copyrights, patents, trade secrets, trademarks or trade names therein. Client agrees to abide by all copyright notices, information, or restrictions contained in any part of the Looked™ Platform. Client must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the Looked™ Platform, including notices on any Looked™ Technology that Client download, transmit, display, print or reproduce from or using the Looked™ Platform. Except to the extent granted herein, Client acquires no rights in any of the foregoing.
Licenses from Looked™
During and subject to the terms and conditions of this Agreement, Looked™ hereby grants Client limited, non-exclusive, non-sub licensable, non-transferable, freely revocable license to access and use the Looked™ Platform solely to enable Client's use and creation of Networks on the Looked™ Platform. Aside from the foregoing limited license, Client has no rights to acquire the Platform Code or Network Code. All the intellectual property rights in the Looked™ Technology are owned by Looked™ or its licensors.
License Restrictions
Except as expressly permitted under this Agreement, Client agrees not to, nor allow any third party (whether or not for your benefit) to:
- Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate the Electronic Services or any Looked™ Technology
- Decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of the Electronic Services is compiled or interpreted, or the code of the software underlying the Looked™ Platform or Looked™ Technology, and Client acknowledges that nothing in this Agreement will be construed to grant Client any right to obtain or use such source code
- Modify the Electronic Services or the Documentation, or create any network product from any of the foregoing, except with the prior written consent of Looked™
- Assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber. Client will ensure that its use of the Electronic Services and the Documentation complies with all applicable laws, statutes, regulations or rules
- Access (or attempt to access) any service on the Looked™ Platform by any means other than as permitted in these Terms of Service
- Circumvent, disable or otherwise interfere with security related features of the Looked™ Platform or features that prevent or restrict use or copying of any Content or Third Party Content or enforce limitations on use of the Looked™ Platform or the Content and Third Party Content therein
- Access the Looked™ Platform to upload Client code or content to cause a breach of security to the Looked™ Platform or any Network or interfere with the proper working of the Looked™ Platform or prevent others from using the Looked™ Platform
- Delete the copyright and other proprietary rights notices on the Looked™ Platform
Subject to the terms and conditions of this Agreement, Client hereby grants to Looked™ a non-exclusive, non-sublicenseable, non-transferable right and license to use Client's Brand Mark for the purpose of listing Client's name and logo on lists of Looked™ Clients, in presentations, and on Looked™'s web site. Client retains all right, title and interest in Client's Brand Mark.
Looked™ reserves the right to access and review its users' content, files, or web pages for any reason at its sole discretion. Looked™ typically does not preview the content of its users and therefore all user content is provided "AS IS" and without warranty of any kind by Looked™. Looked™ is not responsible for any content, data, files, audio, video, objects, opinions, or views expressed by its users, moderators, members, staff, contractors, employees including but not limited to the following locations: disks, folders, web space, homes, cars, email, phone, fax, telex, wire, documents, chemicals, objects, items, products, court room, buildings, offices, any public or private setting, message forums, or contributions. Looked™ does not endorse any content in any medium, including but not limited to, information contained within its user's pages whether it contains a Looked™ logo, image, icon, reference, trademark, patent number, link, url, uri, service, file or insignia.
Client agrees not to use the Service for illegal purposes. Your use of the Site, the Service, and the products, services, information available on the Domain, Website(s), or network Platform, is subject to all applicable local, state, national and foreign laws and regulations, and international treaties, including, without limitation, U.S. laws regarding the transmission of technical data exported from the United States. Client represents and warrants that (a) Client has the right to enter into this Agreement without any other approvals; (b) Client has the right to use, upload, publish, display the Member Content linked to Client's user ID; (c) Client has the right to grant the licenses granted herein; and (d) the use by Looked™ of the rights that Client grants Looked™ in this Agreement will not violate the rights of any third parties, including without limitation your employer and your clients.
In displaying, publishing ("posting"), submitting, emailing, attaching, sending, transmitting, indicating or uploading files, content, web pages on or through the Services, you hereby grant Looked™ and its affiliates a non-exclusive, royalty-free, transferable and sub-licensable, worldwide, unlimited, irrevocable license to use, modify, publicly perform, publicly display, publish, reproduce, distribute, list information regarding, edit, translate, and make derivative works of such content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use solely in connection with the Services.
Looked™ may cooperate with all law enforcement efforts pertaining or involving the use of Looked™'s user's web space and content. This may result in Looked™ disclosing all information given to Looked™ including but not limited to information contained in user's profiles, accounts, folders, messages, emails, transmissions, communications, keys, passwords, or any other information Looked™ sees applicable.
Transmission, distribution, sale or storage of any material in violation of any applicable law, regulation, or these guidelines is prohibited. Looked™ reserves the rights to restrict or prohibit any and all uses of the Services or content on Client's Profiles, Networks, Website(s) and to remove such material from its servers, that Looked™ determines at its sole discretion, is harmful to its servers, systems, network, reputations, good will, other Looked™ Clients, or any third party for any reason. The following non-exhaustive list details the kinds of illegal or harmful or misappropriate conduct that is prohibited. Looked™ does not permit any of the following types of content, unless specifically where otherwise stated and legally permitted, and will terminate Client's services and agreements immediately:
- Non-artistic Nudity, pornography that is demeaning or offensive, Child Pornography, Sexual implications of persons under aged, Bestiality, Crude sexual content, anything of a sexually lewd, indecent or obscene nature.
- Violations of any copyright or any other right of any third party, including, without limitation, material protected copyright, trademark, patent, trade secret, or other intellectual property right used without proper authorization and permission.
- Threatening, abusive, harassing, harmful, defamatory, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable promotion of illegal activities (info on hacking, cracking, making illegal devices, bomb making, germs, etc) information, instructions, or software containing or about any kind of virus, Trojan horse, backdoors, key loggers, phishing, worm, email bomb, denial of service attacks, hate speech or hate propaganda.
- Use of user web space as storage for the purpose of loading remotely, use of user web space as a doorway, signpost, or gateway to another website content that links to content that violates Looked™'s Terms of Service in any way misrepresentation of user's identity, or the impersonation of anyone, including Looked™ personnel collection of personal information for illegal purposes content that is deemed by Looked™, in its sole discretion, to be harmful to Looked™, another company or organization, or individual solicitation or sale of any products or services that are harmful, illegal, dangerous, pornographic, or indecent use of web space for spamming, web bombing, data mining and harvesting, search engine spamming.
- Offering or disseminating fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes), or furnishing false data on any signup form, contract or online application or registration, or the fraudulent use of any information obtained through the use of the Services, including without limitation use of credit card numbers .
Looked™ does not permit the posting or sending of software or technical information in violation of U.S. export laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce.
Violations of Looked™'s or any third party's server, system or network security through the use of the Services are prohibited, and may result in criminal and civil liability. Looked™ may investigate incidents involving such violations. Looked™ may involve and cooperate with law enforcement if a criminal violation is suspected. Examples of server, system or network security violations include, without limitation, the following: Hacking: unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network. Interception: Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network. Intentional Interference. Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also means the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet. Falsification of Origin. Forging of any TCP-IP packet header, location, ip-address, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers. Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on the Services such as timing out. Failure to Safeguard Accounts. Failing to prevent unauthorized access to accounts, including any account passwords.
Client will have access to third-party which has been independently obtained by Looked™. The Third Party Data is the property of Third Party Data Providers and is protected by copyright. Client agrees not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Third Party Data in any manner without the express written consent of Looked™ and the relevant Third Party Data Provider(s). Client also agrees not to use the Third Party Data for any unlawful purpose. Client agrees to comply with reasonable written requests by Looked™ to protect the Third Party Data Providers', Third Party Data Transmitters' and Looked™'s respective rights in the Third Party Data. The Third Party Data Providers and Third Party Data Transmitters are third party beneficiaries under this Agreement and shall be entitled (along with Looked™ or alone) to enforce this Agreement by legal proceeding or otherwise against Client or any person or entity that gains access to or uses the Third Party Data other than as this Agreement contemplates. Client shall pay all reasonable attorney's fees that Looked™ or any Third Party Data Provider or Third Party Data Transmitter may incur in so enforcing this Agreement. Client's obligations under this provision shall remain in effect after termination of this Agreement.
In the event of a discontinuance or termination of Looked™'s access to or from any Third Party Data Provider or Third Party Information Transmitter, Client agrees to permit Looked™, at Looked™'s sole discretion, to enable Looked™ to replace any such Third Party Data Provider or Third Party Information Transmitter with a commercially reasonable alternative or alternatives. If Looked™ determines that no reasonable alternatives are available for the discontinuance or termination of Looked™'s access to or from any Third Party Data Provider or Third Party Information Transmitter, Client acknowledges and releases Looked™ from any and all obligations associated with procuring the content from the Third Party Data Provider and/or Third Party Information Transmitter for the remaining term of the Agreement, notwithstanding any subsequent amendments or modifications to this Agreement. In the event of such a discontinuance or termination of an information provider or information transmitter, (i) Looked™ shall continue to make available the Electronic Services and (ii) such Third Party Data Provider and/or Third Party Information Transmitter shall have no liability to Client. Looked™'s liability shall be solely and exclusively limited to Section 14 of this Agreement. Client shall be responsible for all payments due before the termination date.
Revenue Sharing
Looked™ or third parties may offer Client the opportunity to revenue share from applications or services made available to Client's Networks and Members via the Looked™ Platform or the opportunity to qualify for sponsorship programs to defray the cost of fees incurred as a result of Client's use of the Looked™ Platform (collectively, "Special Programs"). Client's participation in any such Special Program is subject to the terms and conditions of each Special Program and is at Client's sole discretion and risk. Client's continued participation in such Special Programs is at Looked™'s sole discretion. Looked™ shall not be liable for any losses or damages Client may incur as a result of Client's transactions with third parties on the Looked™ Platform. Client agrees that Looked™ may credit Client's account to reflect any such Special Programs attributable to Client.
Advertising
Unless Client subscribes to a Premium Service, Looked™ has the right to sell, run and/or serve third-party advertising on Client's Website, Profile or Network Platforms. If Client is a Network Creator, Client may place only authorized advertising on Client's Network or website(s). If Client subscribes to the Premium Service, then Client would control the advertising on their Website(s). Looked™ may establish general policies and guidelines surrounding the running of Client's own ads ("Advertising Policies"). When adopted, any such Advertising Policies will be linked to, and incorporated by reference into, this Agreement and are subject to change. Looked™ will not be responsible or liable for any loss or damage incurred as a result of any interactions or dealings with advertisers or as a result of the presence of such advertisers on Client's website. Looked™ reserves the right to include promotional links on Client's Network Platform(s) at no cost to Looked). If Client subscribes to the Premium Service, then Client could request the removal of promotional links. Removal of promotional links, however, does not include removal of required Looked™ legal notices and links to Looked™ Terms of Service, Privacy Policy and Guidelines or any statement indicating that Looked™ uses Looked™ ID for authentication upon sign in by Client's Website Members.
Looked™ may independently develop software, content and other products or services that may be similar to the Client's content and nothing in the Agreement will be construed as restricting or preventing Looked™ from creating, using or offering for use such software, content and other items, without any obligation to the Client.
Client may from time to time choose to provide suggestions, comments, improvements, ideas, recommendations or other feedback or materials to us related to Client's Network or the Looked™ Platform (including the Network Code and Platform Code), including, without limitation, on the Looked™ Developers Network, or in connection with Looked™ sends out as part of the Client "Feedback". If Client chooses to provide any such Feedback, Client hereby assigns all ownership in and to such Feedback to Looked™, and acknowledges that Looked™ will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to Client. To the extent the foregoing is deemed ineffective, Client also hereby grants Looked™ a nonexclusive, perpetual, irrevocable, transferable, sub licensable, royalty free, fully paid up license to use such Feedback.
The Electronic Services and any materials, software or Documentation are made available to use "as is"and without warranty of any kind. Looked™ specifically disclaims all warranties, express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement. Looked™ does not warrant that the Electronic Services or any other information, materials and/or data provided under this Agreement will meet Client's requirements or is complete, accurate or error-free. Client shall not make any representations or warranties on behalf of Looked™. Client shall be solely responsible for any financial information dispensed, or any professional decisions made, based upon use of the Electronic Services.
In no event shall Looked™ be liable for any indirect, consequential, special, or incidental damages, including without limitation, damages for loss of business profits, business interruption, or other pecuniary loss, in any way arising out of or related to the Electronic Services or this Agreement, even if Looked™ has been advised of the possibility of such damages. Client agrees to hold harmless and indemnify Looked™, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Looked™ and Partners") from and against any third party claim arising from or in any way related to the Client's use of Looked™ services, violation of the Terms or any other actions connected with use of Looked™ services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Looked™ will provide Client with written notice of such claim, suit or action.
These Terms of Service constitute the entire agreement between you and Looked™ and govern your use of Looked™, superseding any prior agreements between you and Looked™. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These Terms of Service and the relationship between you and Looked™ shall be governed by the laws of the Commonwealth of New Jersey. You and Looked™ agree to submit to the exclusive jurisdiction of the courts located within the Commonwealth of New Jersey. The failure of Looked™ to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Looked™ does not authorize the use of its proprietary computers and computer network (the Looked™ Network") to accept, transmit or distribute unsolicited bulk e-mail sent from the Internet to Looked™ members. In addition, Internet e-mail sent, or caused to be sent, to or through the Looked™ Network that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing will be deemed to be counterfeit. Any attempt to send or cause such counterfeit e-mail to be sent to or through the Looked™ Network is unauthorized. Similarly, e-mail that is relayed from any third party's mail servers without the permission of that third party, or which employs similar techniques to hide or obscure the source of the e-mail, is also an unauthorized use of the Looked™ Network.
Looked™ does not authorize anyone to send e-mail or cause e-mail to be sent to the Looked™ Network that violates Looked™'s Terms of Service. Looked™ does not authorize the harvesting or collection of screen names from the Looked™ service for the purpose of sending unsolicited e-mail. Looked™ reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from entering, utilizing or remaining within the Looked™ Network. Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the Looked™ Network. Looked™'s failure to enforce this policy in every instance in which it might have application does not amount to a waiver of Looked™'s rights.
