Terms and Conditions
LAST MODIFIED: JULY 5, 2011
Welcome to LooKZook.com, a service of LookZook LLC.
These Terms are a legally binding contract between you and Eagle Cross, Inc. dba LookZook, located at 909 Potomac Ave, Naperville Illinois 60565 USA. LookZook provides the Services (as defined below) to you subject to and conditioned upon your acceptance of these Terms.
BY CLICKING “I AGREE”, OR BY ACCESSING AND USING THE SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SERVICES OR THIS SITE AND EXIT NOW.
LookZook may update and change any or all of these Terms, including but not limited to the fees and charges associated with the use of the Services. If we update or change these Terms, we will post the updated Terms at https://www.lookzook.com/tos. The updated Terms will become effective and binding on the fifth business day after they are posted. When we change these Terms, we will modify the “Last Modified” date above. We encourage you to review these Terms periodically.
1. DESCRIPTION OF THE SERVICES
LookZook provides users with access to a rich collection of software, services, tools, and resources, including without limitation LookZook.com and Marketing-Playbook.com, APIs, and other information, content, and services, which may be accessible through any medium or device now known or hereafter developed (the “Services”). The Services to which you have access depends on the subscription plan that you choose. Your LookZook.com subscription will include the features that are described on the LookZook.com website for the product for which you subscribe. The Services that are available may change from time to time, and LookZook may choose to discontinue some or all of the Services, in its discretion.
You understand and agree that the Services may include certain communications from LookZook or its agents or partners, such as service announcements and administrative messages, and that these communications are considered part of your LookZook.com subscription and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new LookZook properties, shall be subject to these Terms.
2. REGISTRATION AND SUBSCRIPTION
You can access the LookZook.com website and other websites without registering, but you must register as a paid member (i.e., any membership level other than FREE) to gain access to many of the Services. Your use of the Services is governed by these Terms regardless of whether you have registered.
To register, you must provide LookZook with certain information, including your name, an email address, payment information, and other information specified in the registration form (“Registration Data”). By registering, and in consideration of the use of the Services, you represent and warrant that: (i) the Registration Data that you provide about yourself is true, accurate, current, and complete; (ii) you are at least 18 years of age; and (iii) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You authorize LookZook to confirm the truthfulness and accuracy of the Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if LookZook has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LookZook has the right to suspend or terminate your subscription and refuse any and all current or future use of the Services.
You are responsible for the security of your username(s) and password(s) and for any use of your account. You must immediately notify us of any unauthorized use of your password or account.
Membership in or use of the Services is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited by law from using the Services.
3. PRICING AND PAYMENT
Your LookZook.com subscription is billed promptly upon your completion of the signup process.
The fee due for a particular period will depend on the pricing level that you choose at the time you subscribe. The applicable prices are published at LookZook.com, and they may change from time to time without prior notice to you.
Unless you give us written notice of your intention not to renew at least 45 days in advance of the expiration of your subscription, your subscription will be automatically renewed at LookZook’s then-applicable prices, as published at LookZook.com.
Your subscription can be canceled for any reason, effective at the end of your current billing period. No refunds of pre-paid subscription fees will be made.
Note: if you cancel your subscription, you will not have access to the Services after the effective date of your cancellation. LookZook may, in its sole discretion, delete all of your data, images, content, and information immediately upon the effective date of cancellation.
Payment for additional fees such as consulting packages and migration fees are due at the start of the engagement with no refunds.
All quoted prices are exclusive of sales tax, which will be added when applicable.
4. LookZook’S PROPRIETARY RIGHTS
The Services are based upon proprietary LookZook technology and include information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags (“Content”). The Content is protected by applicable intellectual property and other laws, including patent, trademark, and copyright laws. All Content and all intellectual property in the Content belongs to and is the property of LookZook or its licensors (if any). Without limiting the preceding sentence, LookZook owns and retains all copyrights in the individual web pages, components of web pages, and collective works available through the Services. The Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Services, in whole or in part, by any means, except as expressly authorized in writing by LookZook. LookZook shall also own, and you assign, all right, title, and interest in and to any suggestions, ideas, enhancement requests, feedback, recommendations or other generalized information provided by you or any other party relating to us or pursuant to these Terms or in the course of your use of the Services.
All trademarks, registered trademarks, or service marks are owned by LookZook, unless designated otherwise. No trademark may be used in connection with any product or service that is not LookZook’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits LookZook.
“LookZook,” “Marketing Playbook” and the dotted “VM” mark are registered United States Trademarks owned by Eagle Cross, Inc. d/b/a LookZook, registration numbers 2,369,956; 3,092,236 and 2,529,802, respectively.
5. USE AND LIMITATIONS OF USE
LookZook grants you a personal, non-transferable and non-exclusive right and license to use the Services that correspond to the subscription you have purchased, on these Terms. You are limited to the number of users, number of competitors, number of keywords, number of pages crawled, and number of pages served as described in the Subscription section of this agreement under the Product for which you subscribe.
Your license to use the Services is conditioned upon your representations and warranties that:
1) you will not (and will not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code;
2) you will not sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Services in any way, or ;
3) you will not “frame” or “mirror” any of its content in any other server or wireless or Internet-based device
4) you will not use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Services in a manner that sends more request messages to the LookZook 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;
5) you will not use the Services in any manner that could damage, disable, overburden, or impair any LookZook website or interfere with any other party’s use and enjoyment of the Services;
6) you will not modify software made available to you through the Services in any manner or form, nor use modified versions of the Services or software, including (without limitation) for the purpose of obtaining unauthorized access to the Services;
7) you will not access the Services by any means other than through the interface that is provided by LookZook for use in accessing the Services;
8) you will not obtain or attempt to obtain any materials or information through any means that LookZook has not intentionally made available or provided; and
9) you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Any unauthorized use of the Content or any Services may violate patent, copyright, trademark, and other laws. You agree to cooperate with LookZook to prevent any unauthorized copying of the Services or Content.
Your use of the Services is subject to and expressly conditioned on your compliance with these Terms. If you fail to comply with the Terms or any other guidelines and rules published by LookZook, we may terminate and/or suspend your access to any portion of the Services. Any such termination or suspension shall be in LookZook’s sole discretion and may occur without prior notice, or any notice. LookZook further reserves the right to terminate or suspend any user’s access to the Services or to any portion of the Services in response to any conduct or activity that LookZook, in its sole discretion, believes is or may be directly or indirectly harmful to other users (including but not limited to distributed denial of service (DDoS) or other attacks directed at your website), to LookZook or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. LookZook further reserves the right to terminate or suspend any user’s access to the Services, or to terminate the Services in their entirety, for any reason or for no reason at all, in LookZook sole discretion, without prior notice, and with no liability to you.
Upon termination, you shall immediately destroy any Content in your possession, if any, and cease use of the Services. Sections 4, 6, 10, 11, 14, 16, 17, 18, and 20 of these Terms shall survive termination.
7. CONSULTING SERVICES
LookZook offers consulting packages for its customers to provide training and marketing expertise to help our customers succeed. Fees for these services are in addition to your subscription fee. Hours purchased as part of a consulting package are nonrefundable and expire 120 days from purchase. Initial consulting engagements typically include 30 minutes of preliminary research. Please contact your salesperson to learn more about LookZook consulting packages.
8. CUSTOMER SUPPORT
Customer Support for your subscription is included in your subscription fee. The level of support to which you are entitled depends on the subscription plan that you choose, and is described LookZook website for the product for which you subscribe.
9. ACCESS TO APIS
The Services may include access to application programming interfaces (“APIs”). You acknowledge and agree that LookZook may, in its sole discretion, limit, throttle, suspend or terminate your access to or usage of APIs, or change any of the API specifications, protocols, or methods of access for any or no reason, and LookZook will bear no liability for such decisions. It is solely your responsibility at all times to backup your data and to be prepared to manage your accounts and conduct your business without access to the APIs.
LookZook DOES NOT REPRESENT OR WARRANT, AND SPECIFICALLY DISCLAIMS, THAT ANY APIs WILL BE AVAILABLE WITHOUT INTERRUPTION OR WITHOUT BUGS.
10. CUSTOMER REFERENCE
You agree that we can use your company name and logo in connection with marketing and promoting the Services.
11. USE OF COMMUNICATIONS SERVICES
The Services may include bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities that enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are appropriate and related to the particular Communication Service, as determined by LookZook in its sole discretion.. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
We reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion but undertake no obligation to monitor the Communication Service. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Always use caution when giving out any personally identifying information about any person in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, LookZook specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Communication Service managers and hosts are not our authorized spokespersons, and their views do not necessarily reflect our views.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
12. CUSTOMER DATA CONFIDENTIALITY
Confidential customer data is the property of the customer. LookZook will not use personally-identifiable confidential data without prior customer consent. LookZook may use aggregate de-identified customer data and statistics for internal analysis and external marketing purposes.
Caution: Various features of the Services may allow you to collect information on your website and through other mechanisms. These collection mechanisms are not intended to and should not be used to collect credit card data, personal healthcare information, or other sensitive or regulated personal information because they do not meet PCI security standards. We cannot and do not ensure the security of data collected or transmitted through the Services, and we disclaim any and all liability that may arise from your use of the Services to collect such information.
13. USER SUBMITTED MATERIALS
LookZook does not claim ownership of the materials you provide (other than suggestions, feedback and information relating to the Services as provided above) or post, upload, input or submit through the Services (collectively “Submissions”) or works specifically created by LookZook for you. By posting, uploading, inputting, providing or submitting your Submission you are granting to us, our affiliated companies, and our sublicensees, permission to use your Submission in connection with the operation of our and their businesses. No compensation will be paid with respect to the use of your Submission. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
14. LINKS TO THIRD PARTY SITES
The Services may contain links to third-party websites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. The Linked Sites are provided to you only as a convenience, and the inclusion of any Linked Site does not imply endorsement by us of the Linked Site or any association with its operators.
15. DISCLAIMERS; LIMITATIONS OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SERVICES. LookZook AND/OR OUR LICENSORS AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
LookZook AND/OR OUR LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AVAILABLE THROUGH THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LookZook AND/OR OUR LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LookZook TAKES COMMERCIALLY REASONABLE EFFORTS TO PROTECT THE PRIVACY AND SECURITY OF THE INFORMATION THAT YOU PROVIDE TO US OR THAT YOU COLLECT OR SUBMIT WHILE USING THE SERVICES. THE TRANSMISSION OF DATA OR INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION, OR ALTERATION WHILE IN TRANSIT. MOREOVER, BECAUSE NO SYSTEM CAN BE 100% SECURE, WE DISCLAIM ALL WARRANTIES REGARDING THE SECURITY OF THE SERVICES. IN NO EVENT WILL WE BE LIABLE IN ANY WAY IF INFORMATION THAT YOU PROVIDE TO US OR COLLECT THROUGH THE SERVICES IS INADVERTENTLY RELEASED BY US OR ACCESSED BY THIRD PARTIES WITHOUT OUR AUTHORIZATION OR CONSENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LookZook AND/OR OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LookZook OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, LookZook IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF LookZook AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS SHALL IN ALL CASES BE LIMITED TO THE LESSER OF FIVE THOUSAND DOLLARS ($5,000.00) OR THE TOTAL AMOUNTS ACTUALLY PAID BY YOU FOR THE SERVICES IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
YOU UNDERSTAND AND AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK AND AN ESSENTIAL PART OF THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, LookZook WOULD NOT PROVIDE THE SERVICES TO YOU.
You agree to indemnify and hold LookZook (and its officers, directors, employees, agents, affiliates, and licensors) harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are “Claims”) by a third party arising out of (a) your use of the Services; (b) your noncompliance with or breach of any of these Terms, (c) your use of Flash Cookies, or (d) the unauthorized use of the Services by any other person using your user information. At LookZook’s option, you shall assume control of the defense and settlement of any Claim subject to indemnification by you (provided that, in such event, LookZook may at any time thereafter elect to take over control of the defense and settlement of any such Claim, and in any event, you shall not settle any such Claim without LookZook’s prior written consent).
To the maximum extent permitted by law, these Terms are governed by the laws of the State of Illinois, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Will County, Illinois, U.S.A. in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Services.
LookZook’s provision of the Services is subject to existing laws and legal process, including our rights and obligations to cooperate and comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Unless otherwise expressly stated herein, these Terms constitute the entire agreement between you and us with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and LookZook with respect to the Services.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
19. NOTICE OF COPYRIGHT CLAIMS
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to info[at]venturemarketing[dot]com. ALL INQUIRIES NOT RELEVANT TO THE SERVICES WILL RECEIVE NO RESPONSE.
If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by contacting our copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to this web site is as follows:
909 Potomac Avenue
Naperville Illinois 60565 USA
Fax No.: 630.225.5287
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers to and account holders of LookZook who are repeat infringers.
The parties agree that any notices of a dispute or other communications addressed to us will be sent by certified or registered mail, return receipt requested to the contact address set forth on the contact page of the Services, and deemed delivered as of the date of signing of the return receipt or the first date of a refusal to sign.