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My-Look.net is a website that allows users to showcase their coolest looks and create fun portals to add to their MyLook page, showing pictures of themselves sporting their trendiest clothes. The services offered by My-Look.net include the My-Look.net website and any other features, content, or applications offered from time to time by My- Look.net in connection with the myLook Website. This Terms of Use Agreement sets forth the legally binding terms for your use of the My-Look Services. By using the My-Look Services, you agree to be bound by this Agreement, whether you are a "Visitor" or you are a "Member". The term "User" refers to a Visitor or a Member. You are only authorized to use the My-Look Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the My-Look Website and discontinue use of the My-Look Services immediately. If you wish to become a Member, communicate with other Members and make use of the My-Look Services, you must read this Agreement and indicate your acceptance during the Registration process. This Agreement includes My-Look.net's policy for acceptable use of the My-Look Services and Content posted on the My-Look Website, your rights, obligations and restrictions regarding your use of the My-Look Services and My-Look.net's Privacy Policy. My-Look.net may modify this Agreement from time to time and such modification shall be effective upon posting by My-Look.net on the myLook Website. You agree to be bound to any changes to this Agreement when you use the myLook Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on My-Look.net and that you provide to other Users. You're my-Look.net profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other My-Look.net Members (for instance, in their Profile) may contain inappropriate, offensive or sexually explicit material, and My-Look.net assumes no responsibility or liability for this material. If you become aware of misuse of the myLook Services by any person, please contact myLook or click on the "Report Inappropriate Content" link below the link, which is a picture of a bin with a red cross. My-Look.net reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the myLook Services at any time, for any or no reason, with or without prior notice, and without liability. 1. Eligibility. Use of and Membership in the myLook Services is void where prohibited. By using the myLook Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the myLook Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age. 2. Term. This Agreement shall remain in full force and effect while you use the myLook Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. My-Look.net may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17. 3. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify My-Look.net immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. 4. Proprietary Rights in Content on My-Look.net. 1. My-Look.net does not claim any ownership rights in the text, files, images, photos, or any other materials (collectively, "Content") that you post to the myLook Services. After posting your Content to the myLook Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the myLook Services, you hereby grant to My-Look.net a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the myLook Services. Without this license, My-Look.net would be unable to provide the myLook Services. For example, without the right to modify Member Content, My-Look.net would not be able to resize photos that Members submit or otherwise format Content to satisfy technical requirements. The license you grant to My-Look.com is non-exclusive, fully- paid and royalty-free (meaning that My-Look.net is not required to pay you for the use on the myLook Services of the Content that you post), sublicensable (so that My- Look.net is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the myLook Services), and worldwide (because the Internet and the myLook Services are global in reach). This license will terminate at the time you remove your Content from the myLook Services. 2. You represent and warrant that: (i) you own the Content posted by you on or through the myLook Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the myLook Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the myLook Services. 3. The myLook Services contain Content of Users and other my-Look.net licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the myLook Services. 5. Content Posted. 1. My-Look.net may delete any Content that in the sole judgment of My-Look.net violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. My-Look.net assumes no responsibility for monitoring the myLook Services for inappropriate Content or conduct. If at any time My- Look.net chooses, in its sole discretion, to monitor the myLook Services, My-Look.net nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. 2. You are solely responsible for the Content that you post on or through any of the myLook Services, and any material or information that you transmit to other Members and for your interactions with other Users. my-Look.net does not endorse and has no control over the Content. Content is not necessarily reviewed by my-Look.net prior to posting and does not necessarily reflect the opinions or policies of My-Look.net. My-Look.net makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. 6. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the myLook Services. My-Look.net reserves the right to investigate and take appropriate legal action against anyone who, in My-Look.net's sole discretion, violates this provision, including without limitation, removing the offending communication from the myLook Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of My-Look.net: 1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 2. harasses or advocates harassment of another person; 3. exploits people in a sexual or violent manner; 4. contains nudity, violence, or offensive subject matter or contains a link to an adult website; 5. solicits personal information from anyone under 18; 6. provides any telephone numbers, street addresses, last names, URLs or email addresses; 7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; 9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; 10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; 11. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; 12. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; 13. includes a photograph of another person that you have posted without that person's consent; or 14. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile. The following is a partial list of the kind of activity that is illegal or prohibited on the myLook Website and through your use of the myLook Services. My-Look.net reserves the right to investigate and take appropriate legal action against anyone who, in My-Look.net's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: 15. criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; 16. covering or obscuring the banner advertisements on your personal profile page, or any My-Look.net page via HTML/CSS or any other means; 17. any automated use of the system, such as using scripts to add friends or send comments or messages; 18. interfering with, disrupting, or creating an undue burden on the myLook Services or the networks or services connected to the myLook Services; 19. attempting to impersonate another Member or person; 20. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; 21. selling or otherwise transferring your profile; 22. using any information obtained from the myLook Services in order to harass, abuse, or harm another person; 23. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the myLook Services on behalf of that person, such as placing commercial content on your profile, or sending private messages with a commercial purpose; or 24. using the myLook Services in a manner inconsistent with any and all applicable laws and regulations. 7. Privacy. Use of the myLook Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. 8. Limitation on Liability. IN NO EVENT SHALL MY-LOOK.NET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MY- LOOK.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MY-LOOK.NET'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MY-LOOK.NET FOR THE MYLOOK SERVICES DURING THE TERM OF MEMBERSHIP. 9. Indemnity. You agree to indemnify and hold My-Look.net, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the myLook Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the myLook Website or through the myLook Services causes my-Look.net to be liable to another. 10. Other. This Agreement is accepted upon your use of the myLook Website or any of the myLook Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and My-Look.net regarding the use of the myLook Services. The failure of my-Look.net to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. My-Look.net is a trademark of Culminate. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: Contact myLook with any questions regarding this Agreement.
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