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.pfur.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 Whole Look) 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
636 - 1568 Merivale Road
Ottawa Ontario, Canada, K2G 5Y7
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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