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Terms
Of Use
Your use of the LookCut.com website (the Site)
constitutes your agreement to follow and be bound by these terms (the
"Agreement").
ACCEPTABLE USE POLICY: Users
of our Site must comply with this Acceptable Use Policy. By using
the LookCut.com site, you agree to comply with this Policy and to
indemnify LookCut.com against any claims by third parties arising
from your violation of this Policy. In general, you must exercise
judgment and responsibility with respect to your use of our Site.
You may only use the Site for lawful purposes and may not use the
Site to harm others. Without limiting the generality of the foregoing,
you may not:
Use the Site in violation of any law or regulation governing LookCut.com's business or activities, including without limitation the laws and regulations governing unfair competition, false advertising, consumer protection, obscenity, spamming, and privacy.
Use the Site in a manner that presents a security
risk or that may interfere with the operation of the Site.
Use the Site in a manner that infringes another's copyrights, patents, trademarks, service marks, trade names, trade secrets, or other intellectual property rights, or rights of publicity
Use the Site to engage in libel, defamation,
harassment, stealing of trade secrets, intentional misrepresentation
or fraud, or wrongful publication of private information.
Post or transmit any unlawful, threatening,
libelous, defamatory, obscene, inflammatory, pornographic, profane
material, hate speech, or any material that could constitute or
encourage conduct that would be considered a criminal offense, give
rise to civil liability, or otherwise violate any law.
Introduce viruses, trojan horses, worms, or
other computer programming routines that damage, interfere with,
intercept, or expropriate any system, data, or personal information.
Use the Site to gain illegal or unauthorized
access to other computers or networks through hacking or other means.
Assist or permit any person to engage in any
of the activities described above.
SITE CONTENT: Unless otherwise
noted, all materials, including images, illustrations, designs,
icons, photographs, video clips, testimonials, menus, and other
materials that appear as part of this Site (collectively, the "Contents")
are copyrights, trademarks, and/or other intellectual property owned,
controlled, or licensed by LookCut.com, Inc., and/or its subsidiaries
and their affiliates (collectively, "LookCut.com"). The Site as
a whole is protected by copyright and trade dress, all worldwide
rights, titles and interests in and to which are owned by LookCut.com.
LOOKCUT.COM, and all other LookCut.com trademarks appearing on this
Site are trademarks of LookCut.com.
The Contents of our Site, and the Site as
a whole, are intended solely for personal, noncommercial (other
than for the purchase of merchandise or services from our site)
use by the users of our Site. You may download or copy the Contents
and other downloadable materials displayed on the Site for your
personal use only. No right, title, or interest in any downloaded
materials or software is transferred to you as a result of any such
downloading or copying. You may not reproduce (except as noted above),
publish, transmit, distribute, display, modify, create derivative
works from, sell or participate in any sale of, or exploit in any
way, in whole or in part, any of the Contents, the Site, or any
related software.
POSTINGS: LookCut.com may
from time to time monitor, review, and in its discretion edit or
delete, discussions, chats, and postings on our Site; however, LookCut.com
is under no obligation to do so and assumes no responsibility or
liability arising from the content of any such transmissions or
for any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, hate speech, danger, illegality
or inaccuracy contained in any information transmitted to any such
locations on our Site. LookCut.com will cooperate with law enforcement
or a court order requesting or directing LookCut.com to disclose
the identity of anyone posting any information or material prohibited
by this Policy. LookCut.com may also disclose such information if
such disclosure is reasonably necessary to protect the rights, property,
or personal safety of LookCut.com, its clients, or the public.
USER COMMENTS, FEEDBACK, AND OTHER
SUBMISSIONS: All comments, feedback, suggestions, ideas,
and other submissions disclosed, submitted, or offered to LookCut.com
on or by this Site or otherwise disclosed, submitted, or offered
in connection with your use of this Site or otherwise (collectively,
"Comments") shall be and remain LookCut.com's property. Such disclosure,
submission, or offer of any Comments shall constitute an assignment
to LookCut.com of all worldwide rights, titles, and interests in
all copyrights and other intellectual property in the Comments.
Thus, LookCut.com will own exclusively all such rights, title, and
interest and shall not be limited in any way in its use, commercial
or otherwise, of any Comments. LookCut.com is and shall be under
no obligation (1) to maintain any Comments in confidence; (2) to
pay to user any compensation for any Comments; or (3) to respond
to any Comments.
You agree that LookCut.com may use and/or
disclose information about your demographics and use of the Site
in any manner that does not reveal your identity. By participating
in Site contests, promotions, and/or requesting promotional information
or product updates, you agree that LookCut.com may use your information
for marketing and promotional purposes.
LOOKCUT.COM'S COMMUNICATIONS TO
YOU: You agree that LookCut.com may send electronic mail
to you for the purpose of advising you of the status of a product
order, changes or additions to this Site, about any of LookCut.com's
products or services.
LINKS TO OTHER SITES: For
your convenience and enjoyment, our Site may provide links to web
sites that are not operated by LookCut.com. These links do not mean
that LookCut.com endorses, approves, or sponsors the linked site
or any information, products, or services contained in such site,
nor is LookCut.com liable for any damage that might result from
your use of such information, products, or services.
DISCLAIMER: THIS SITE AND
ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE
OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT
YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL
SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH
YOUR USE OF OUR SITE, AND THAT LOOKCUT.COM SHALL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
INACCURACY DISCLAIMER:
From time to time there may be information on our Site that contains
typographical errors, inaccuracies, or omissions. We may correct
errors, inaccuracies, or omissions and change or update information
at any time without notice. We apologize for any inconvenience this
may cause you.
TERMINATION: This Agreement is effective unless and until terminated by either you or LookCut.com. You may terminate this Agreement at any time. LookCut.com may terminate this Agreement at any time without notice and deny you access to the Site, if in LookCut.com's sole discretion you fail to comply with any term or provision of this agreement. A termination by LookCut.com under the previous sentence shall not limit LookCut.com's other rights and remedies available under law or equity. Upon any termination of this agreement by either you or LookCut.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under this agreement or otherwise.
GENERAL: We may change,
move, or delete portions of, or may add to, our Site from time to
time and without notice. Your use of our Site following any such
change constitutes your agreement to follow and be bound by the
terms as changed.
SEVERABILITY: If any provision
of this agreement shall be found to be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and enforceability
of any remaining provisions.
NO WAIVER: A failure on the part of LookCut.com to enforce any part of this agreement shall not constitute a waiver of any of LookCut.com's rights under this agreement, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of LookCut.com shall have legal effect.
MISCELLANEOUS: Unless otherwise
specified and except to the extent LookCut.com products or services
are offered for sale in the United States through this Site, this
Site and the Contents thereof are displayed solely for the purpose
of promoting LookCut.com's products and services available in the
United States and select foreign markets. This Site is controlled
and operated by LookCut.com from its offices in Carlsbad, California.
This Agreement shall be construed in accordance
with the laws of the State of California, without regard to any
conflict of law provisions. Any dispute arising under this Agreement
shall be resolved exclusively by the state and federal courts located
in Orange County, California.
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