1. ACCEPTANCE OF TERMS
Whole Look provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by
us from time to time without notice to you. You can review the most current
version of the TOS at any time at:
http://www.wholelook.com/content/tos.asp
In addition, when using particular Whole Look services,
you and Whole Look shall be subject to any posted guidelines
or rules applicable to such services which may be posted from time to
time. All such guidelines or rules are hereby incorporated by reference
into the TOS. Whole Look also may offer other services
from time to time, such as @Look and myLook that are governed by different
Terms of Services. These TOS do not apply to the @Look and myLook or such
other services.
2. DESCRIPTION OF SERVICE
Whole Look currently provides users with access to a
rich collection of resources, including, various communications tools,
forums, shopping services, personalized content and branded programming
through its network of properties (the "Service"). You also
understand and agree that the Service may include advertisements and that
these advertisements are necessary for Whole Look to
provide the Service. You also understand and agree that the service may
include certain communications from Whole Look, such
as service announcements, administrative messages, and that these communications
are considered part of Whole Look membership and you
will not be able to opt out of receiving them. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new Whole Look properties, shall
be subject to the TOS. You understand and agree that the Service is provided
"AS-IS" and that Whole Look assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings.
You are responsible for obtaining access to the Service and that access
may involve third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees associated
with the display or delivery of advertisements. In addition, you must
provide and are responsible for all equipment necessary to access the
Service.
Please be aware that Whole Look has created certain
areas on the Service that contain adult or mature content. You must be
at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself (such
information being the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or Whole Look has reasonable
grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, Whole Look has the right to suspend or
terminate your account and refuse any and all current or future use of
the Service (or any portion thereof).
4. Whole Look PRIVACY POLICY
Registration Data and certain other information about you is subject
to our Privacy Policy and will not be revealed to any third party or
other parties.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
If you receive a password and account designation upon completing the
Service's registration process, you are responsible for maintaining the
confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree
to (a) immediately notify Whole Look of any unauthorized
use of your password or account or any other breach of security, and (b)
ensure that you exit from your account at the end of each session. Look
on the Web cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. This means that you,
and not Whole Look, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make available
via the Service. Whole Look does not control the Content
posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will Whole Look
be liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed, transmitted
or otherwise made available via the Service.
You agree to not use Whole Look and its services to:
a. upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a
Whole Look official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with a person
or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise
the origin of yourself at any time;
e. upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas (of which there
are currently none at golookontheweb.com,net,org) that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules
of any national or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law;
k. collect or store personal data about other users.
You acknowledge that Whole Look does not pre-screen
Content, but that Whole Look and its designees shall
have the right (but not the obligation) in their sole discretion to refuse
or move any Content that is available via the Service. Without limiting
the foregoing, Whole Look and its designees shall have
the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by Whole Look
or submitted to Whole Look, including without limitation
information in Whole Look!
You acknowledge and agree that Whole Look may preserve
Content and may also disclose Content if required to do so by law or in
the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c)
respond to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of Look
on the Web, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States and Canada or the country
in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Whole Look does not claim ownership of Content you submit
or make available for inclusion on the Service. However, with respect
to Content you submit or make available for inclusion on publicly accessible
areas of the Service, you grant Whole Look the following
world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content, photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible area of the Service,
the license to use, distribute, reproduce, modify, adapt, publicly perform
and publicly display such Content on the Service solely for the purpose
for which such Content was submitted or made available. This license exists
only for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or Look on the
Web removes such Content from the Service.
"Publicly accessible" areas of the Service are those areas
of the Whole Look network of properties that are intended
by Whole Look to be available to the general public.
However, publicly accessible areas of the Service would not include portions
of Whole Look requiring a user ID and password to gain
access.
By way of example, private accessible areas of the Service would areas
intended for private communication such as advertising account areas.
9. INDEMNITY
You agree to indemnify and hold Whole Look, and its
subsidiaries, affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content
you submit, post, transmit or make available through the Service, your
use of the Service, your connection to the Service, your violation of
the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Whole Look may establish general
practices and limits concerning use of the Service, including without
limitation the maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You agree that Look
on the Web has no responsibility or liability for the deletion or
failure to store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that Look
on the Web reserves the right to log off accounts that are inactive
for an extended period of time. You further acknowledge that Look
on the Web reserves the right to change these general practices
and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Whole Look reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that Look
on the Web shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that Whole Look, in its sole discretion, may
terminate your password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any reason,
including, without limitation, if Whole Look believes
that you have violated or acted inconsistently with the letter or spirit
of the TOS. Whole Look may also in its sole discretion
and at any time discontinue providing the Service, or any part thereof,
with notice. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice,
and acknowledge and agree that Whole Look may immediately
deactivate or delete your account and all related information and files
in your account and/or bar any further access to such files or the Service.
Further, you agree that Whole Look shall not be liable
to you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that Whole Look
shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Whole Look
has no control over such sites and resources, you acknowledge and agree
that Whole Look is not responsible for the availability
of such external sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other materials on
or available from such sites or resources. You further acknowledge and
agree that Whole Look 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 use of or reliance on any such Content,
goods or services available on or through any such site or resource.
16. Whole Look'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through
the Service or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by Whole Look or advertisers, you agree not
to modify, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part.
You agree not to access the Service by any means other than through the
interface that is provided by Whole Look for use in accessing
the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. LOOK
ON THE WEB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Whole Look MAKES NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL
BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM Whole Look OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Whole Look SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LOOK
ON THE WEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND
18 MAY NOT APPLY TO YOU.
20. NOTICE
Notices to you may be made via either email or regular mail. The Service
may also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
21. TRADEMARK INFORMATION
Whole Look, The Web
Portal of Web Portals and other Whole Look
logos and product and service names are for the use of Whole Look. Without Whole
Look's prior permission, you
agree not to display or use in any manner, the Whole Look
Marks.
22. COPYRIGHTS and COPYRIGHT AGENTS
Whole Look respects the intellectual property of others,
and we ask our users to do the same. If you believe that your work has
been copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please provide
Whole Look's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property
that you claim has been infringed;
a description of where the material that you claim is infringing is located
on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property
owner's behalf.
Whole Look's Agent for Notice of claims of copyright
or other intellectual property infringement can be reached as follows:
By mail:
Cliff Livingstone
Look Ventures
1411A - 101 Carling Avenue
Ottawa Ontario, Canada, K1Z 1a7
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Look on
the Web and govern your use of the Service, superceding any prior
agreements between you and Whole Look. 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. The TOS
and the relationship between you and Whole Look shall
be governed by the laws of Canada in the Province of Ontario without regard
to its conflict of law provisions. You and Whole Look
agree to submit to the personal and exclusive jurisdiction of the courts
located within the province of Ontario, Canada. The failure of Look
on the Web to exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or provision. If any provision
of the TOS 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 the TOS 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 the TOS must
be filed within one (1) year after such claim or cause of action arose
or be forever barred.
The section titles in the TOS are for convenience only and have no legal
or contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to our Customer Care group,
contact@lookventures.biz
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