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TERMS OF SERVICE

Last Updated: October 31, 2016

Lookbk's products and services are provided by Lookbk, Inc. These Terms of Service ("Terms") govern your access to and use of Lookbk's website, products, and services ("Products"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.

  1. General Conditions

    1. Lookbk reserves the right to modify or terminate the Lookbk service for any reason, without notice at any time.
    2. Lookbk reserves the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via email according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
    3. Lookbk reserves the right to reclaim or reassign usernames on behalf of businesses or individuals.
    4. Lookbk reserves the right to refuse service to anyone for any reason at any time.
    5. Lookbk may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
    6. Lookbk reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
    7. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Lookbk's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
    8. Although Lookbk Products are normally available, there will be occasions when Lookbk Products will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Lookbk.
  2. Using Lookbk

    1. You may use our Products only if you can form a binding contract with Lookbk, and only in compliance with these Terms and all applicable laws. When you create your Lookbk account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your phone, tablet, or other device. You agree that we may upgrade those Products, and these Terms will apply to such upgrades.
  3. Your License

    Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products with the understanding that you following these acceptable usage policies.

    You are also not allowed to:

    1. Crawl, scrape, or otherwise cache any content from Lookbk
    2. Access, tamper with or use non-public areas of Lookbk, our systems or our technical providers' systems
    3. Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks
    4. Transmit any worms or viruses or any code of a destructive nature.
    5. Try to reverse engineer any of Lookbk's software
    6. Try to interfere with any Lookbk user, host or network, for example by sending a virus, overloading, spamming or mail-bombing
    7. Collect or store personally identifiable information from Lookbk or its users without their permission
    8. Impersonate or misrepresent your affiliation with any person or entity
    9. Violate any laws in your jurisdiction
    10. Modify, adapt or hack Lookbk or modify another website so as to falsely imply that it is associated with Lookbk.

    While Lookbk prohibits such conduct and content on its Products you understand and agree that Lookbk cannot be responsible for the Content posted on its Products and you nonetheless may be exposed to such materials and that you use the Lookbk service at your own risk.

  4. Feedback You Provide

    If you choose to submit comments, ideas or feedback about Lookbk, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Lookbk does not waive any rights to use similar or related Feedback previously known to Lookbk, or developed by its employees, or obtained from sources other than you

  5. Copyright Policy

    Content selected and promoted to Lookbk users is sourced both directly from providers, as well as from readily available places on the Internet, including services such as Pinterest, Tumblr, Instagram, Twitter and numerous open blogs, forums and photo collection sites. Lookbk claims no ownership to such images. Unlike these other sources, core to Lookbk's mission is to discover and actively promote the creative efforts behind such images, and as such, strives to provide full creative credits, as well as direct links back to the content owner. If you wish to have your content removed from being featured and promoted by Lookbk, please contact us at support@lookbk.me.

  6. Security

    We care about the security of our users. While we work to protect the security of your content and account, Lookbk cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

  7. Third-Party Links, Sites, and Services

    Our Products may contain links to third-party websites that are not owned or controlled by Lookbk. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Lookbk, you do so at your own risk and you agree that Lookbk will have no liability arising from your use of or access to any third-party website, service, or content.

  8. Termination

    Lookbk may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2-3 and 7-13 of these Terms.

  9. Indemnity

    You agree to defend, indemnify and hold us, our business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents (collectively, the "Indemnified Parties") harmless from and against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach by you of this Terms of Service or any representations, warranties and/or covenants contained herein, (ii) arises from the Content or effects of any messages you Post using our Products or (iii) otherwise arises from or relates to your use of our Products. In addition, you acknowledge and agree that the Indemnified Parties have the right to seek damages from you when you use our Products for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with this Terms of Service, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

  10. Disclaimers

    The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

    LOOKBK SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

  11. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOOKBK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL LOOKBK'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

  12. Arbitration

    For any dispute you have with Lookbk, you agree to first contact us and attempt to resolve the dispute with us informally. If Lookbk has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Lookbk agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Lookbk will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LOOKBK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

  13. Governing Law and Jurisdiction

    These Terms shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction).

    Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States located in the Eastern District of Virginia seated in Alexandria, Virginia or the courts of the Commonwealth of Virginia located in the City of Arlington and County of Arlington, for any actions not subject to Section 10 (Arbitration).

    Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.