Lookbooks Media, Inc. welcomes you to its Web site located at www.lookbooks.com (the "Site"), whether as a casual visitor or a member. By accessing, uploading, viewing, or using the content, material, or services available on or through this Site, you, for yourself and on behalf of any person, organization, entity, or employer for which you are acting ("you"), acknowledge that you have read and understand the following terms and conditions ("Terms and Conditions") and that you, for yourself and on behalf of any person, organization, entity, or employer for which you are acting, agree to them and intend to be legally bound by them. These Terms and Conditions apply to Lookbooks’ software subscription service as well. These Terms and Conditions may be changed at any time. When we change the Terms and Conditions in a material manner, we will update the ‘Effective Date’ at the bottom of this page. Any change to these Terms and Conditions shall be effective when such notice of change is posted. Your continued use of the Site after any changes to these Terms and Conditions are posted will be considered acceptance of such changes. It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit.
1. Proprietary Rights. All works of authorship, information, content, functional components, and material appearing on or contained in this Site ("Site Materials") are protected by law, including but not limited to, United States copyright law. Except as explicitly stated on the Site, the entirety of the Site Materials (including, but not limited to, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, and look and feel attributes) are Lookbooks Media's copyrighted works, all rights reserved, or the copyrighted works of Lookbooks Media's affiliates, members, users, licensors, or suppliers. Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any Site Materials, in whole or in part, without the prior written consent of Lookbooks Media or the applicable owner of the Site Materials, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, any Site Materials or any other proprietary information of Lookbooks Media, without Lookbooks Media's advance written consent, is prohibited. The sole exception to this prohibitions in this paragraph shall be a limited consent for search engines (such as, for example, www.google.com) to index the Site for the sole purpose of making the Site Materials searchable through their services. All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to Lookbooks Media or its affiliates, members, users, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
2. Third Party Materials, Products and Services. Parties other than Lookbooks Media may provide products or services on the Site. Use of this Site and the Site Materials and any other material or content on and made available through this Site is entirely at your own risk. Lookbooks Media expressly disclaims any and all responsibility for or related to the products or services provided by or advertised by these third parties or the transactions you conduct or enter into with these third parties. Additionally, this Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Lookbooks Media expressly disclaims any and all responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on these third-party sites.
3. Materials Submitted to the Site and/or Software. You may not permit anyone other than you to use your account, user name or password. By submitting photographs, information, and other content to the Site ("User Materials"), you represent that you have the full legal right to provide the User Materials and that use of the User Materials by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation (collectively, "Law"); (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene, child pornographic, harmful to minors in any way, indecent, or embarrassing, or disclose to any third person any private or personal matters concerning any person, all of which shall be determined by Lookbooks Media in its sole discretion; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such of that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know-how; (i) result in the posting, transmission, or distribution of advertisements, promotions, or solicitations without the prior written approval of Lookbooks Media; or (j) constitute disclosure of any confidential information owned by any third party. Subject to any applicable account settings you select, you grant Lookbooks a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify (e.g., re-format), re-arrange, and distribute your User Materials for the purposes of operating the Site and providing services to you and to other users. You understand that Lookbooks operates a public platform, and that other users may search for, see and use any User Materials that you make publicly available through the Site. The scope of the license that you grant to Lookbooks Media in this paragraph is limited by applicable law. Lookbooks Media may remove User Materials from the Site that are libelous, incorrect, spiteful, inappropriate, or otherwise in violations of these Terms and Conditions, in Lookbooks Media's sole discretion. Lookbooks Media shall not be responsible for changes, modifications, or removal any User Materials that you submit to the Site. If you believe that any content or postings on this Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 11 of these Terms and Conditions.
4. Communications With The Site. Lookbooks Media welcomes your feedback and suggestions about how to improve our products, information, and services and this Site, including, without limitation, the feedback and suggestions and all other information, data, material, or other content (collectively, "Submissions") to Lookbooks.com. Such Submissions shall be deemed User Materials in accordance with Section 4 of these Terms and Conditions and treated in the same manner as textual materials, even if they include multimedia files. Further, Lookbooks Media is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any Submission for any purpose whatsoever, including, but not limited to, creating and marketing products, information, or services using such information.
5. Computer Security. You will receive a password and account designation upon completing the Site'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 Lookbooks Media 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.
We take the security of your information very seriously, and work hard to maintain the security of communications between us and you. Given the nature of the Internet, however, the transmission of any communication or material to Lookbooks Media via the Site or e-mail, whether encrypted or otherwise, cannot be guaranteed, and is not represented to be secure. As an alternative to communicating via the Internet or e-mail, Lookbooks Media can be contacted by regular mail at 304 Hudson Street, Suite 504, New York, NY 10013, by phone at (917) 262-0005 or by facsimile at (646) 476-7704.
Without limiting anything else in these Terms and Conditions, Lookbooks Media cannot and will not be liable for any loss or damage arising from your failure to comply with the rules and principles set forth in this Security section.
In addition, As part of Licensor’s commitment to safeguard the privacy of its users (in particular to Lookbookspro and Lookbooks booking), Licensor will not disclose, or allow access to, any Licensee Financial or Licensee Client Data to any third party including the Licensor’s parent company, affiliates, or other entities owned or controlled by the parent company.
7. Disclaimer of Warranty and Liability. THIS SITE, THE SITE MATERIALS AND USER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THE SITE ARE MADE AVAILABLE "AS IS" AND "WITH ALL FAULTS." USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK.
LOOKBOOKS MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE, THE USER MATERIALS, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE IS WITH YOU.
LOOKBOOKS MEDIA SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITH BUT NOT LIMITED TO, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE SITE MATERIALS, THE USER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF LOOKBOOKS MEDIA TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS SITE, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING SIX MONTHS FOR USE OF THIS SITE.
8. Corrections and Changes. Lookbooks Media endeavors to keep the Site and Site Materials on, in, and through this Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, Lookbooks Media is not responsible for any errors or omissions in the Site or Site Materials. Lookbooks Media may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time, and Lookbooks Media makes no commitment to update the information contained on or in this Site.
9. Indemnification. You agree to defend Lookbooks Media and its directors, officers, employees, agents, and contractors ("Lookbooks Media Indemnitees") against all claims, actions, suits, and other proceedings of third parties ("Claims") arising out of or incurred in connection with this Site and your use of this Site, your fraud, violation of law, or willful misconduct, or any breach by you of these Terms and Conditions and shall indemnify and hold Lookbooks Media Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorneys' fees and attorneys' disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Lookbooks Media.
10. Complaint Procedure. If you believe that any content or postings on this Site violate your intellectual property or other rights, please send to Lookbooks Media (email@example.com) a comprehensive detailed message setting forth the following information: (1) your name and the name of your company, if any; (2) your contact information, including your e-mail address; (3) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (4) the following statement: "The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message."
11. Your Conduct.
By viewing this Site, you certify that you are eighteen years of age or older. Children under the age of eighteen are not permitted to access this Site. Lookbooks Media's services and websites are not directed at children and are designed for individuals who are 18 years of age or older.
You understand that all User Materials, including without limitation information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Materials originated. This means that you, and not Lookbooks Media, are entirely responsible for all User Materials that you upload, post, email, transmit or otherwise make available via the Site. Lookbooks Media does not control the User Materials posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such User Materials. You understand that by using the Site, you may be exposed to User Materials that is offensive, indecent or objectionable. Under no circumstances will Lookbooks Media be liable in any way for any User Materials, including, but not limited to, any errors or omissions in any User Materials, or any loss or damage of any kind incurred as a result of the use of any User Materials posted, emailed, transmitted or otherwise made available via the Site.
Without limiting any other provision of these Terms and Conditions, you agree to not use the Site to:
You acknowledge that Lookbooks Media may or may not pre-screen User Materials, but that Lookbooks Media and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Materials that are available via the Site. Without limiting the foregoing, Lookbooks Media and its designees shall have the right to remove any User Materials that violate these Terms and Conditions or are otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Materials, including any reliance on the accuracy, completeness, or usefulness of such User Materials. In this regard, you acknowledge that you may not rely on any content created by Lookbooks Media or submitted to Lookbooks Media, including without limitation information in discussion groups, blogs, profiles, polls and all other parts of the Site.
You acknowledge, consent and agree that Lookbooks Media may access, preserve and disclose your account information and User Materials if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any User Materials violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Lookbooks Media, its users and the public.
You understand that the technical processing and transmission of the Site, including your User Materials, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Lookbooks Media and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.
You understand that it is your sole responsibility to know and abide by all of the laws of your jurisdiction, with regard to your use of the Site. If the Site's content does not copy with those laws, it is your responsibility not to access it.
12. Termination of Access. Lookbooks Media reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
13. Liability for Losses Stemming from Use of the Internet. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither Lookbooks Media nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
14. Views Expressed on Site Not Necessarily Those of Lookbooks Media. Views expressed by our users and third-party content providers are neither endorsed nor adopted by Lookbooks Media.
16. Securities Information. This Site and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. This Site may contain information and press releases about Lookbooks Media, and although this information was believed to be accurate as of the date prepared, Lookbooks Media disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a "forward looking statement" as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the "safe harbor" for forward looking information and is subject to material risk factors which may or may not be disclosed herein.