TERMS OF USE
Acceptance of Terms - The Terms of Use (“TOU”) constitute the entire agreement between you and Lookcube (“Lookcube”) and govern your use of the Service, superseding any prior agreements between you and Lookcube. By accessing and using Lookcube.com (referred to as “Lookcube” or “site”), you are agreeing to the TOU. If you do not agree to any of these Terms Of Use, and of the guidelines that are imposed by Lookcube, your only recourse is to immediately terminate the use of this site. We reserve the right, at our discretion, to change, modify or alter the TOU at any time. These modifications shall be effective immediately upon the posting thereof. Therefore, the terms or conditions of the TOU will change from time to time and that you agree to the TOU every time you access Lookcube. You must review and be apprised of any changes. You may find the most recent version of the TOU at:
http://www.lookcube.com/info/terms_of_use.html
1. Termination of Service
Lookcube has the right (but not the obligation), at its sole discretion to delete or remove any Content within the site. Additionally, we may deactivate your account and block your access to this site immediately, without notice to you, for any reason, including but not limited to that the operators of this site believe that you have violated or breached your obligations under the TOU.
You agree that Lookcube shall not be liable to you or any third-party for terminating your access to this site and that you agree that you will not attempt to access this site after the deactivation of your account or termination of your use of this service.
2. Content
This site consists of content which includes, but is not limited to postings, messages, text, images, photos, video, sounds, files or other content (collectively referred to as "Content") that is posted, transmitted and/or or linked from this site. Lookcube does not control, is not responsible for, nor may be liable for Content made available through this website as it does not pre-screen or approve the content. By accessing this site, you may encounter offensive, indecent or otherwise objectionable content. Moreover, there may be information that is inaccurate and misleading. We provide no representations or warranties as to the accuracy, authenticity, or completeness of the information contained therein. By accessing Lookcube and any websites liked within Lookcube, you agree that you will evaluate and bear all risks associated with the use of any Content on this site, and that under no circumstances will Lookcube be liable in any way for any Content or for any loss or damage of any kind whatsoever incurred as a result of the use of any Content posted, emailed or otherwise made available through this website.
3. Third Party Content
The Content made available through Lookcube may contain features and functionalities that may link you, provide access or direct you to Content by a third party. This third party content may include products, services, web sites, directories, servers, networks, systems, information, databases, applications, software, programs, and the entire Internet.
This third party content is completely independent from Lookcube and your interactions with individuals and/or organizations found on or through Lookcube, including payments made and/or goods received and/or services performed, and any other warranties, representations, terms or conditions, are solely between you and the individual and/or the organization. Therefore, please investigate before transacting any business with any third party.
You agree that Lookcube shall not be liable or responsible;
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For any loss or damage incurred as the result of any dealing.
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That Lookcube is under no obligation to become involved if a dispute arises between users and any third party or between participants on Lookcube.
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In the event that you have a dispute with one or more other users, you hereby release Lookcube, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. Additionally, (California residents) you agree to waive California Civil Code Section 1542, which states that; "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
4. Proprietary Rights
Lookcube is protected by both copyright laws and international treaties. The Content that is displayed on or through Lookcube is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to reproduce, distribute or modify the content from Lookcube without our express written consent. Additionally, you agree not to disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Lookcube.
Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Lookcube except that of your own work.
When content is provided to Lookcube, you agree to grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright (through multiple tiers), publicity, and database rights to that content.
Additionally, by posting Content to any public area of Lookcube,
you agree that you automatically grant Lookcube all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on Lookcube by any party for any purpose.
5. Notice and Procedure for Making claims of Copyright or Intellectual Property Infringement.
Pursuant to 17 U.S.C. § 512(c)(2), all notifications of claimed copyright infringement on Lookcube’s systems or Web site should be sent to our Designated Agent. We have provided the following information for the exclusive purpose of notifying us that you allege an infringement of your copyright. Do not send other inquiries to this contact, as you will not receive a response to inquiries that are not related to copyright infringement.
Under federal law, you may be subject to severe civil penalties if you knowingly make a material misrepresentation that online material is infringing. These penalties include court costs and monetary damages, as well as attorneys' fees. Such attorneys' fees include those incurred by parties who are injured as a result of Lookcube relying on your misrepresentation, such as (a) a copyright owner, (b) a copyright owner's licensee, or (c) us.
You must submit notice, in writing, to the following Designated Agent (DA):
Full Address of Designated Agent to Which Notification Should be Sent to:
Copyright Agent
Lookcube, Inc.
1010 Digital Lane
Los Angeles, California 10101
Email Address of Designated Agent: abuse@lookcube.com
Pursuant to 17 U.S.C. § 512(c)(3)(A), your Notification of Claimed Infringement must include the following:
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The electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
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Identification of the copyrighted work (or works) that you claim has been infringed;
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A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
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A clear description of where the infringing material is located on our web site, including its URL, so that Company can locate the material;
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Your address, telephone number, and e-mail address
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A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
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A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA), Lookcube may remove the infringing posting(s).
6. Privacy
Please read the Privacy Policy that sets forth how information is collected about you and how it is used and stored.
Your use of Lookcube constitutes an acknowledgement and agreement of our Privacy Policy. You further acknowledge and agree that we may preserve, maintain, disseminate, release or disclose your Content, IP addresses, email addresses, timestamps, or other information, if required to do so by law or in the good faith believe that the preservation or disclosure is reasonably necessary to:
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enforce the TOU;
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required by a judicial authority or law enforcement or otherwise required by a law;
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respond to a claim that the Content violates the rights of a third-party;
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respond to claims that contact information of a third-party, such as a phone number or street address has been posted or transmitted without consent or as a form of harassment;
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protect the rights, property, or personal safety the general public and its users.
Or for any other reason as stated in the Privacy Policy.
The Privacy Policy is located at http://www.lookcube.com/info/privacy_policy.html and is incorporated by reference herein.
7. Conduct
Without limitation, you agree to refrain from the following actions while using Lookcube:
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Harass, threaten, embarrass, abuse, defame, stalk, or cause distress or discomfort upon another individual or entity or impersonating any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;
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libelous, unlawful or harmful conduct;
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that is degrading, intimating, harassing or is hateful conduct toward a individual or group of individuals based of their religion, gender, sexual orientation, race, ethnicity, age, or disability;
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advertise for products or services that are false, deceptive, misleading, deceitful or mis-informative, including but not limited to; “Bait and Switch”, misleading headers and email addresses in order to mislead and deceive the Content;
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contact any individual or entity who has asked not to be contacted in writing or that it is ok to contact them about other services, products or commercial interests;
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impersonate any person or entity, including, but not limited to Lookcube’s employees, falsely stating or misrepresenting your affiliation with a person or entity;
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provide or allow access to any personal information of another person without that person’s consent;
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post free ads promoting links to commercial services or web sites except in areas of the Site where such ads are expressly permitted or including links to commercial services or web sites, except as allowed in "services";
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Posting any ad for products or services, use or sale of which is prohibited by any law or regulation; including without limitation items of which is prohibited or regulated by California Law;
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post the same item or service in more than one classified category or forum, or in more than one geographic area or posting excessive content on Lookcube that would affect other user’s ability to use the service or would otherwise impose an unreasonable burden on Lookcube’s infrastructure;
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posting, advertising or soliciting in categories that are not appropriate, or posting the same item or service more than once every 7 days;
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collect personal data about users for commercial or unlawful purposes;
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infringing any patent, trademark, trade secret, copyright or other proprietary rights of any party;
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disseminating content that contains affiliate marketing, junk mail, spam, chain letters, pyramid schemes, or any unsolicited commercial advertisement;
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decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Site; modifying any meta data, copying or duplicating in any manner any of the content;
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using any automated device or means, including but not limited to, spider, robot, crawler, data mining tool, or download data from Lookcube, unless expressly permitted by Lookcube;
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attempt to gain unauthorized access to Lookcube's computer systems in order to disrupt, interfere, impair the performance or functionality of the Lookcube website;
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disseminate any software viruses or any other computer codes, files or programs designed to destroy, limit the functionality or interrupt in any way any computer software or hardware or telecommunications equipment.
7(b) Housing and Employment
Without limitation, you additionally agree to refrain from the following actions while using Lookcube:
actions or conduct that violate the Fair Housing Act, which include but is not limited to, stating, in the advertisement for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap or violates any state or local law prohibiting discrimination on the basis of these or other characteristics;
actions or conduct that violate federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
Please report any violations of these Terms to: abuse@lookcube.com
You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Site.
8. Posting Agents and Auto Posting Software
You may not use a third-party agent or service (“Posting Agent”) that offers to post Content on Lookcube on behalf of others without the express permission from Lookcube. Posting Agents shall not post Content on behalf of others without the express permission of Lookcube. Additionally, the use of any automated device or computer software (“Auto Post Software”) that enables the user to submit postings on Lookucbe, without each posting being entered manually by the user or author is expressly prohibited.
9. Paid Postings
Lookcube is free, however, in some circumstances, Lookcube may charge a fee for postings. The fees quoted are in US currency, and may be changed at anytime. The fee is an access fee permitting Content to be posted in certain designated areas. In the unfortunate event your Content is removed from Lookcube because it violates the TOU, all fees paid are non-refundable.
10. General
You agree and acknowledge that Lookcube reserves the right to modify, suspend, or discontinue this Service (or any part thereof) with or without notice at any time. Your further agree that Lookcube shall not be liable to you or to any third party for any modification or discontinuance of this Service.
You agree that Lookcube has placed a limit concerning the use of Lookcube, including the maximum number of days the Content is retained by Lookcube, the maximum number of postings, the maximum size of each posting, email messages, or other Content that may be transmitted or stored by Lookcube, and the frequency with which you may access and post on Lookcube.
Lookcube grants you a limited, revocable, nonexclusive license to access Lookcube for your own personal use. This license does not include access to Lookcube by Posting Agents or any collection, aggregation, copying, duplication, display or derivative use of Lookcube. An exception is provided to internet search engines and non-commercial public archives that use these tools to gather information for the sole purpose of displaying the hyperlinks to Lookcube. Use of Lookcube beyond the scope authorized to you by Lookcube immediately terminates this license.
The failure of Lookcube, its operators, directors, officers, employees, representatives, subsidiaries, affiliates, successors, assigns, service providers and suppliers to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.
11. Limitations of Liability
YOU ASSUME FULL RESPONSIBILITY AND ALL RISK OF LOSS RESULTING FROM YOUR USE OF LOOKCUBE AND ANY INFORMATION ON THIS SITE. IN NO EVENT SHALL THE SITE OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY "INDEMNIFIED PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES(EVEN IF WE HAVE BEEN ADVISED OR NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES), OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED WITH OR ANY WAY RELATING TO ANY ASPECT OF YOUR USE OF THE LOOKCUBE SITE OR THE SERVICE.
THIS LIMITATION SHALL ALSO APPLY TO WHETHER THE DAMAGES ARISE FROM THE INABILITY TO USE THE LOOKCUBE SITE OR THE SERVICE OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE LOOKCUBE SITE OR THE SERVICE OR THE MISUSE OF THE LOOKCUBE SITE OR THE SERVICE.
THIS LIMITATION SHALL ALSO APPLY TO ANY DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE LOOKCUBE SITE OR THE SERVICE OR ANY LINKS ON THE LOOKCUBE SITE, AND ANY ADVICE AND/OR INFORMATION PROVIDED OR RECEIVED THROUGH OR ADVERTISED IN OR IN CONNECTION WITH THE LOOKCUBE SITE OR THE SERVICE.
YOU AGREE AND ACKNOWLEDGE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH LOOKCUBE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Indemnity
You agree to indemnify and hold Lookcube, its directors, officers, employees, representatives, subsidiaries, affiliates, successors, assigns, service providers and suppliers harmless from any and all losses, claims or demands (including, but not limited to, attorney fees and court costs) resulting from any claims made by any third party, based on or relating to your use, or arising out of Content you submit, posts, or content made available through Lookcube, or your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.
13. Jurisdiction and Venue
The TOU, the privacy policy and the relationship between you and Lookcube shall be governed by, construed and enforced in accordance with the laws of the State of California without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms Of Use, or in connection with any matters related to this Site, shall be brought only in either the state or Federal courts located in the County of Los Angeles, California, and you expressly consent to the jurisdiction of said courts.
14. Statute of Limitations
You also 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 Site or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. Severability
The unenforceability or invalidity of any term, provision, section or subsection of the TOU shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of the TOU, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.