BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU
ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF
THE AGREEMENT BELOW. READ THE AGREEMENT CAREFULLY AS IT SETS FORTH YOUR RIGHTS
AND OBLIGATIONS WITH RESPECT TO USE OF THE look.com SERVICES. IF YOU ARE NOT
WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD
CLICK THE "I DON'T ACCEPT" BUTTON.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The look.com Portal Services ("Services"), owned and operated by look.com, are
provided to you ("User") under the terms and conditions of this Portal Services
Terms of Service ("TOS") and any operating rules or policies that may be
published by look.com. The TOS comprise the entire agreement between User and
look.com and supersede all prior agreements between the parties regarding the
subject matter contained herein.
2. DESCRIPTION OF THE SERVICES
look.com agrees to provide Users one or more of the following Services via the
look.com sites: electronic mail ("email"), chat, message board, mailing list,
calendar, greeting card, WAP, web hosting, IMS, UMS or polling. User must: (a)
provide all equipment, including a computer and modem, necessary to establish a
connection to the Web; (b) provide for User's own access to the Web and pay any
telephone or other connection and service fees associated with such access.
2.1 Advertising
look.com may serve advertisements to this site or work with a third party to
serve the advertisements. Advertisements placed on the look.com site may
include but are not limited to banner ads, paid links, pop-up windows, buttons,
and sponsorships.
User agrees that look.com has the right to run such advertisements and
promotions. Your correspondence or business dealing with, or participation in
promotions of, advertisers found on or through the Services, including payment
and delivery of related goods or services, and any other representations
associated with such dealings, are solely between you and such advertiser. You
agree that look.com 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 Services.
Privacy protection is look.com's number one priority. look.com uses the
patent-pending "dual blind" privacy protection technology which allows look.com
to customize ads for User's browser without ever knowing User's name, address,
social security number, telephone number or any other personally identifiable
information. It's completely anonymous. And look.com does not store any data
that is considered sensitive or controversial (specific medical and financial
information, adult content, sexual preference, etc.)
look.com has some of the most privacy-safe technologies and policies on the
Internet. We can deliver targeted advertising to your browser -- offers and
opportunities of interest to you -- without ever knowing your identity. But we
believe the most important privacy safeguard is consumer choice. If you don't
want to be part of our advertising services, we give you the power to "opt-out"
at any time.
2.2 Email Marketing
look.com and/or third parties may, from time to time, send email messages to
Users containing advertisements, special promotions, and other marketing
materials ("Email Marketing Programs") based on the agreed terms between
look.com and its selected partner(s). look.com also offers Users
permission-based email services. Users must decide to "opt-in" to our email
services during the registration process or through a link on the look.com site
before they receive any email services, newsletters, special promotions or
other marketing materials ("Opt-In Email Programs"). look.com has the right to
partner with any email marketers to provide these Email Marketing Programs or
Opt-In Email Programs.
3. PRIVACY POLICY
In consideration for the Services, User agrees to: (a) provide certain current,
complete, and accurate information about User as prompted to do so by the
Services and (b) maintain and update this information as required to keep it
current, complete and accurate. All information requested on original sign up
shall be referred to as registration information ("Registration Information").
This Registration Information will be owned by look.com and any of its
co-branding partners if applicable. If any information provided by User is
inaccurate, look.com retains the right to terminate User's membership and
rights to use the Services.
For the avoidance of doubt, User grants look.com the right to disclose to email
marketers referred to in Section 2.2 all information provided during
subscription to Email Marketing Programs or Opt-In Email Programs. Users may
"opt-out" of these emails directly at any time. look.com does not make any
representation or warranty with respect to the content of any such email
messages or any goods or services which may be obtained from such third
parties, and User agrees that look.com shall not have any liability with
respect thereof.
look.com is committed to never mixing your permission-based email information
with the anonymous profile information described in Section 2.1 above.
For a complete Privacy Policy Statement, please refer to the Privacy Policy link
on www.outblaze.com/privacypolicy
.
4. MODIFICATIONS TO TERMS OF SERVICE
look.com reserves the right to modify the terms and conditions of the TOS at
any time and at its sole discretion. look.com will post any update[s] to the
TOS on this Web site. By continuing to use the Services, User agrees to be
bound by the amended TOS.
5. MODIFICATIONS TO THE SERVICES
look.com reserves the right to modify or discontinue the Services, or any
portion thereof, at any time, with or without notice to User. look.com shall
not be liable to User or any third party should look.com exercise its right to
modify or discontinue the Services.
6. USER ACCOUNT, PASSWORD, AND SECURITY
User is entirely responsible for maintaining the confidentiality of User's
password and account, and for any and all activities which occur under User's
account or password. User agrees to immediately notify look.com of any
unauthorized use of User's account, password, or any other breach of security
known to User.
User may change his/her password or profile by following instructions on the
system.
7. DISCLAIMER OF WARRANTIES
look.com provides the Services on an "as is" and "as available" basis, and User
uses such Services at his/her sole risk.
look.com makes no warranty that the Services will meet User's requirements, or
that the Services will be uninterrupted, timely, secure, or error free; nor
does look.com make any warranty as to the results that may be obtained from the
use of the Services or as to the accuracy or reliability of any information
obtained through the Services or that defects in the Services will be
corrected.
look.com expressly disclaims all warranties of any kind, whether express,
implied or statutory, including, but not limited to, the implied warranties of
title, merchantability, fitness for a particular purpose and non-infringement.
User understands and agrees that any material and/or data downloaded or
otherwise obtained through the use of the Services is done at User's own
discretion and risk. look.com is not responsible for User's computer system or
loss of data that results from the download of such material and/or data.
look.com makes no warranty regarding any goods or services purchased or
obtained through the Services or any transactions entered into through the
Services.
No advice or information, whether oral or written, obtained by User from
look.com shall create any warranty not expressly made herein.
Some jurisdictions do not allow the exclusion of certain warranties, so some of
the above exclusions may not apply to User.
8. LIMITATION OF LIABILITY
look.com will not be liable for any loss of use, interruption of business, or
any indirect, special, incidental, or consequential damages of any kind
(including but not limited to lost profits) regardless of the form of action,
whether in contract, tort (including negligence) strict product liability, or
otherwise, even if look.com has been advised of the possibility of such
damages.
Some jurisdictions do not allow the limitation or exclusion of liability for
incidental or consequential damages, so some of the above limitations may not
apply to User.
9. DATA STORAGE AND OTHER LIMITATIONS
look.com has set no fixed upper limit on the number of messages a User may send
or receive through the Services; however, look.com retains the right, at its
sole discretion, to determine whether or not User's conduct is consistent with
the letter and spirit of the TOS and may terminate Services if look.com
determines in its sole discretion that User's conduct is inconsistent with the
TOS. look.com ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE,
DELIVER, OR TIMELY DELIVER EMAIL MESSAGES.
10. USER 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
look.com, are entirely responsible for all Content that you upload, post or
otherwise transmit via the Service. look.com does not control the Content
posted via the Services and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the
Services, you may be exposed to Content that is offensive, indecent or
objectionable.
You agree to not use the Services to:
(a) upload, post or otherwise transmit 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, look.com
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 any Content transmitted through the Services or develop restricted or
password-only access pages, or hidden pages or images (those not linked to from
another accessible page);
(e) upload, post or otherwise transmit any Content that you do not have a right
to transmit 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 or otherwise transmit any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post or otherwise transmit 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
the Service that are designated for such purpose;
(h) upload, post or otherwise transmit 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) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Services are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Services or servers or networks connected to
the Services, or disobey any requirements, procedures, policies or regulations
of networks connected to the Services;
(k) intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, 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;
(l) "stalk" or otherwise harass another;
(m) collect or store personal data about other users; or
(n) promote or provide instructional information about illegal activities,
promote physical harm or injury against any group or individual, or promote any
act of cruelty to animals. This may include, but is not limited to, providing
instructions on how to assemble bombs, grenades and other weapons, and creating
"Crush" sites.
11. INDEMNIFICATION
User agrees to indemnify, defend (at look.com's request), and hold look.com,
its parents, subsidiaries, affiliates, officers and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made or brought by
any third party due to or arising out of User's use of the Services or any part
thereof, the violation of this TOS or any provision therein by User, or the
infringement or misappropriation by User, or a third party using User's
computer, account or password to access and/or use the Services, of any
Intellectual Property Rights of any person or entity, or the use or misuse by
the User or third parties of User's passwords or accounts.
12. PROPRIETARY RIGHTS TO CONTENT
User acknowledges that content, including but not limited to text, software,
music, sound, photographs, video, graphics or other material contained in
either sponsor advertisements, or Internet-distributed, commercially produced
information presented to User by the Services ("Content") by look.com,
look.com's advertisers, or other look.com Users may be protected by copyrights,
trademarks, patents or other proprietary rights and laws; therefore, User is
only permitted to use this protected Content as expressly authorized by the
owner of the Content ("Owner"), the Services or the Advertiser. User may not
copy, reproduce, distribute, or create derivative works from this Content
without expressly being authorized to do so by the Owner, the Services or the
Advertiser.
13. TERM AND TERMINATION
Either User or look.com may wish to discontinue the Services with or without
cause at any time, effective immediately upon written notice to the other
party. look.com shall not be liable to User or any third party for termination
of the Services.
Should User object to any terms and conditions of the TOS or any subsequent
modifications thereto or become dissatisfied with the Services in any way,
User's only recourse is to immediately:
(1) discontinue use of the Services;
(2) terminate Services Usership.
14. NOTICE
All notices to a party shall be in writing and shall be made either via online
announcements, email, or conventional mail. look.com may broadcast notices or
messages through the Services to inform User of changes to the TOS, the
Services, or other matters of importance; such broadcasts shall constitute
notice to User.
15. LAW
The TOS shall for all purposes be governed by and interpreted in accordance
with the laws of the Hong Kong SAR, excluding its conflict of law provisions.
User and look.com agree to submit to the exclusive jurisdiction of the courts
of the Hong Kong SAR. look.com's failure to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by look.com in writing.
16. ASSIGNMENT
No right may be assigned, and no duty may be delegated, by either party under
this Agreement except upon the written consent of the other party and any
attempted assignment and delegation without such consent shall be void and
without effect. Notwithstanding the foregoing, however, look.com shall be
entitled to assign this agreement, and all rights and obligations hereunder, to
a successor to all or substantially all of its assets, whether by sale, merger
or otherwise. This TOS shall be binding upon and shall inure to the benefit of
the parties hereto and their respective representatives, heirs, administrators,
successors and permitted assigns except as otherwise provided herein.
17. NO AGENCY
Neither party is, nor will it be deemed to be, an agent or legal representative
of the other party for any purpose. Neither party will be entitled to enter
into any contracts in the name of or on behalf of the other party, and neither
party will be entitled to pledge the credit of the other party in any way or
hold itself out as having authority to do so.
18. SEVERABILITY
If any provision(s) of the TOS is/are held by a court of competent jurisdiction
to be contrary to law, or otherwise invalid or unenforceable, then such
provision(s) shall be construed, as nearly as possible, to reflect the
intentions of the parties with the other provisions remaining in full force and
effect.
19. WAIVER
Any waiver (express or implied) by either party of any breach of this TOS shall
not constitute a waiver of any other or subsequent breach. No provision of the
TOS will be waived by any act, omission or knowledge of a party or its agents
or employees except by an instrument in writing expressly waiving such
provision and signed by a duly authorized officer of the waiving party.
20. STATUTE OF LIMITATIONS
User and look.com agree that any cause of action arising out of or related to
these Services must commence within one (1) year after the cause of action
arose; otherwise, such cause of action is permanently barred.
21. TITLES
The section titles in the TOS are solely used for the convenience of the
parties and have no legal or contractual significance.
