Terms & Conditions
Thank YouThank you for visiting LookLab.com. LookLab.com provides its service to you subject to the following Terms of Service, which may be updated by us from time to time without notice to you. LookLab.com (the "LookLab Website", or "Website") is owned and operated by LookLab Inc. (hereafter "LookLab", "we", "our", or "us"). "You" or "your" means an adult user of the Website acting independently or as parent or guardian for any minor whom you allow to access the LookLab Service and for whom you will be held strictly responsible. In compliance with the Children's Online Privacy Protection Act of 1998, LookLab does not accept membership registrations from users who are under 13 years of age. By registering with LookLab, you represent that you are at least 13 years old and have not been previously suspended from the LookLab Service.
User of the WebsiteYou understand that any items you import to the Website will be made available to the public. Further, you hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish any and all content you have submitted to the Website. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. If we request registration information from you, you must provide us with true, accurate, current, and complete information. You must promptly update your registration to keep it accurate, current, and complete. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also acknowledge that failure to exit from your accounts at the end of each session may result in unauthorized use of your accounts. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", etc., that accesses the Website in a manner that sends more request messages to the LookLab servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, LookLab grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. LookLab reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You acknowledge and agree that the LookLab Service and any necessary software used in connection with the LookLab Service, including without limitation any artwork, member accounts or user IDs, markup, source or object code used in connection with the LookLab Service, or visual art and any combination thereof (all of the foregoing, collectively, the "Materials") 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 LookLab Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by LookLab or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the LookLab Service or the Materials, in whole or in part. The technology and the software underlying our sites and the LookLab Services is the property of LookLab. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the LookLab Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites. Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions: > 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 LookLab 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 LookLab Service;
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 (such as shopping) that are designated for such purpose, 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;
h. use the LookLab Service to solicit users directly for commercial purposes without prior written authorization from LookLab. Designers and Boutique Owners may promote their services, subject to i) common sense and good judgment, ii) LookLab review, and iii) specific requirements regarding use of the LookLab Service for commercial purposes that LookLab may, from time to time, communicate directly to Designers and Boutique Owners individually;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the LookLab Service 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 LookLab Service or servers or networks connected to the LookLab Service, or disobey any requirements, procedures, policies or regulations of networks connected to the LookLab Service;
k. 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;
l. access the LookLab Service from territories where its contents are illegal is prohibited (those who choose to access the LookLab Service from other locations do at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy);
m. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; n. "stalk" or otherwise harass another;
o. use any robot, spider, scraper, or other automated means to access the LookLab Service for any purpose without our express written permission or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the LookLab Service; or
p. collect or store personal data about other users, in connection with the prohibited conduct and activities set forth in paragraphs above or otherwise.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these actions.
Response Not GuaranteedLookLab provides for the submission of fashion and style requests by you to fashion industry insiders and other collaborators. You understand that LookLab does not guarantee a response to any request you submit through our Website.
User Content1. The LookLab Website may now or in the future permit the submission of photo or other content submitted by you and other users ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, LookLab does not guarantee any confidentiality with respect to any such content
2. You shall be solely responsible for your own User Content and the consequences of posting or publishing them.
3. LookLab does not claim ownership of User Content. However, with respect to User Content or content you make available for inclusion on publicly accessible areas of the LookLab Service or by giving LookLan feedback or suggestions, ideas, modifications, improvements, you grant LookLab worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the LookLab Service in connection with the LookLab Website and LookLab's (and its successor's) business, including without limitation for promoting and redistributing part or all of the LookLab Website (and derivative works thereof) in any media formats and through any media channels. This license exists only for as long as you elect to continue to include such content on the LookLab Service and will terminate at the time you remove or LookLab removes such content from the LookLab Service.
4. In connection with User Content, you further agree that you will not:
a. publish falsehoods or misrepresentations that could damage LookLab or any third party;
b. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
c. post advertisements or solicitations of business;
d. impersonate another person.
5. LookLab does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and LookLab expressly disclaims any and all liability in connection with User Content. LookLab respects the intellectual property rights of others and we ask our users to do the same. LookLab will remove all User Content and materials if properly notified that such User Content infringes on another's intellectual property rights. LookLab reserves the right to remove User Content without prior notice. LookLab also reserves the right to decide whether User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. LookLab may remove such User Content and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
6. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
a. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf; b. A description of the copyrighted work claimed to have been infringed;
c. A description of the infringing material and information reasonably sufficient to permit LookLab to locate the material;
d. Your contact information, including your address, telephone number, and email;
e. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
Claims can be emailed to email@example.com
7. You understand that when using the LookLab Website, you will be exposed to User Content from a variety of sources, and that LookLab is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LookLab with respect thereto, and agree to indemnify and hold LookLab, its Owners/Operators, affiliates, and/or licensers, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Trademark InformationThe LookLab name and LookLab logo (“LookLab Marks”) are trademarks or registered trademarks of LookLab Inc. in the United States and other jurisdictions. You may not use or display in any manner the LookLab marks without LookLab’s prior written permission.
Fashion Insider MediaThe Website may pull in digital media (including, without limitation "twitter" feeds) generated by the fashion industry insiders. LookLab has no control over, and assumes no responsibility for, the content, language or practices described or used therein.
Disclaimer of WarrantiesLookLab disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the LOOKLAB SERVICE pages. LookLab disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. LookLab disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the LOOKLAB SERVICE. THE LOOKLAB SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE LOOKLAB SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. LOOKLAB AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. LOOKLAB AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE LOOKLAB SERVICES. LOOKLAB AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE LOOKLAB SERVICES. LOOKLAB AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LOOKLAB SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE LOOKLAB SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE LOOKLAB SERVICE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE LOOKLAB SERVICE AT YOUR OWN DISCRETION AND 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 OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of LiabilityUNDER NO CIRCUMSTANCES SHALL LOOKLAB OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE LOOKLAB SERVICE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN >IF LOOKLAB OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE LOOKLAB SERVICE, FROM INABILITY TO USE THE LOOKLAB SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE LOOKLAB SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LOOKLAB SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE LOOKLAB SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE LOOKLAB SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE LOOKLAB SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE LOOKLAB SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE LOOKLAB SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall LookLab or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Miscellaneous ProvisionsThese Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by LookLab.