TERMS AND CONDITIONS

We are WhatALooker.com (the "Website").  By using this Website, whether or not you register as a user ("Registered User"), you are agreeing to be legally bound by these Terms and Conditions (the "Agreement"), just as if you had signed this Agreement. 

Use of the Website is also governed by our Privacy Policy and our Contest Rules, which are part of this Agreement and incorporated by reference.

If you do not agree to this Agreement, please do not use the Website and do not register to be a Registered User.  We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time.  Please check these terms periodically for changes.  Your continued use of this Website following the posting of changes to this Agreement means you accept those changes.

If you do not comply with the terms and conditions of this Agreement at any time, we may pursue any and all available remedies, including but not limited to suspension or termination of your registration and/or access to the Website or any service or feature, at our sole discretion.

ELIGIBILITY

You must be 18 years old or older to register as a Registered User or to use the Website.  Use of this Website is void where prohibited.  By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to comply with all of the terms and conditions of this Agreement.

REGISTRATION

If you elect to register to use the Website, you agree to provide true, accurate, current, and complete information about yourself in the registration process, and maintain and promptly update your information to keep it accurate.  If you provide any information that is untrue, inaccurate, or incomplete, or if we have reasonable grounds to suspect that you have done so, or for any other reason, we have the right to suspend or terminate your account and disable any and all current or future use of the Website or any service or feature.

TERM

This Agreement will remain in full force and effect while you use the Website and/or are a Registered User. 

You may terminate your registration as a Registered User at any time, for any reason, upon our receipt of your written or e-mail request for termination. 

We may suspend or terminate your registration and/or access to the Website or any service or feature, at our sole discretion, at any time, for any reason.  We may disable your password and/or remove and discard any content uploaded, posted, or otherwise displayed on the Website, at our sole discretion, for any reason, including but not limited to lack of use or any violation of this Agreement. 

We may also, at our sole discretion, at any time, discontinue or change the Website or any service or feature, at our sole discretion and without prior notice or liability.

You agree that any termination of your access to the Website or any service or feature, under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files or prevent any further access to such materials or the Website or any service or feature.  Further, you agree that we shall not be liable to you or any third party for any such action.

PAYMENTS

We charge fees for various services as indicated on the Website.  We may change our fees from time to time.  Any change will be effective as soon as we post it on the Website.  In the event we introduce a new service or feature, the fees for that service or feature are effective at launch.  All fees are quoted in U.S. Dollars.  You are responsible for paying all fees associated with using the Website and all applicable taxes.  We are not affiliated with Paypal^® or any other payment service and you are advised to review and comply with the terms and conditions of using any such payment service.

NOT FOR COMMERCIAL USE

The Website is for personal use only and may not be used for any commercial purpose.  Organizations, companies, and/or businesses may not become Registered Users and may not use the Website for any purpose. 

OWNERSHIP OF RIGHTS

We own and retain all proprietary rights in the Website and all content on the Website, including but not limited to all information, messages, software, photos, video, text, graphics, music, sounds, or other material on the Website.  You acknowledge and agree that all content on the Website is protected by copyrights, patents, trademarks, trade secrets, and/or other proprietary rights, and that these rights are valid and protected in all media, technologies, and other formats now existing or later developed, throughout the universe.

All content on the Website is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of all such content.  Our name and logo are our trademarks.  All other trademarks appearing on the Website are trademarks of their respective owners. 

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information from this Website without obtaining the prior written consent of us or any other owner of such rights.  Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please follow the reporting procedure described at the end of this Agreement.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content on this Website, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial, home use only, provided you keep intact all copyright and other proprietary notices.  Modification of the materials or use of the materials for any other purpose, including but not limited to use of any such material on any other website or computer network, is strictly prohibited.

You acknowledge and agree that all content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated.  We do not control all of the content posted via the Website and, as such, do not guarantee the accuracy, integrity, or quality of such content. 

You understand that by using the Website, you may be exposed to content that is offensive, indecent, or objectionable.  Under no circumstances will we be liable in any way for any content, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content uploaded, posted, e-mailed, or otherwise transmitted via the Website.

The Website may provide, or third parties may provide, links to other websites on the Internet.  Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites.  You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or links.

POSTED CONTENT AND SUBMISSIONS

If you upload, post, e-mail, or otherwise transmit any content, including but not limited to information, messages, software, photos, video, text, graphics, music, sounds, or other material, to us or anyone else via the Website, or if you send us suggestions, ideas, notes, drawings, or other information, all such information and content shall be deemed, and shall remain, our property.  None of the information and content shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any such information or content.  Without limitation of the foregoing, we shall exclusively own all rights to all such information and content, in all media, technologies, and other formats now existing or later developed, of every kind and nature throughout the universe, and shall be entitled to unrestricted use of the Posted Content and Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other provider or owner of the Posted Content and Submissions.

You are solely responsible for all content and information that you upload, post, e‑mail, or otherwise transmit via the Website.  You understand and agree that we may review and delete any content or information that in our sole judgment may violate this Agreement, or that might be offensive or illegal, or that might violate the rights, harm, or threaten the safety of other persons, or for any other reason.

By uploading, posting, e-mailing, or otherwise transmitting any content or information to us or anyone else via the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, worldwide license to use, copy, perform, display, distribute, reproduce, modify, adapt, publish, translate, and otherwise exploit such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.  You also waive any and all "moral rights" in all such information and content.

By uploading, posting, e-mailing, or otherwise transmitting any content or information to us or anyone else via the Website, you consent to our use of your name, photograph, and/or likeness, address, voice, and statements made by or attributed to you, in perpetuity, in all media, technologies, and other formats now existing or later developed (including but not limited to print, broadcast, and Internet), for all business purposes, such as advertising and promotional activities, without additional compensation, notice, or approval, unless prohibited by law.

Additionally, you are solely responsible for any and all activities that occur using your password, including but not limited to unauthorized use by any other person.  You are solely responsible for maintaining the confidentiality of your password.  You agree to notify us immediately of any unauthorized use of your password or any other breach of security known to you.

RESTRICTIONS ON USE

You agree not to use the Website for any of the following:

• You will not post, publish, or display in any public area of the Website any telephone numbers, street addresses, last names, URLs, or e-mail addresses.
• You will not promote racism, bigotry, hatred, or physical harm of any kind against any group or individual.
• You will not upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or libelous, or invades another person's privacy.
• You will not "stalk", harass, or advocate harassment of another person.
• You will not harm or threaten harm to minors in any way.
• You will not upload, post, e-mail or otherwise transmit any material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
• Your information and your activities on the Website shall not violate any law, statute, ordinance or regulation (including but not limited to those governing securities regulation, inside information, export control, consumer protection, unfair competition, anti‑discrimination, or false advertising).
• Your activities on the Website shall not be false, fraudulent, inaccurate, or misleading.
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
• You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted via the Website, including but not limited e-mail services we provide.
• You will not upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
• You will not upload, post, e-mail or otherwise transmit any material that promotes illegal or unauthorized copying of another person’s copyrighted work, including but not limited to 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.
• You will not upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
• You will not upload, post, e-mail or otherwise transmit any material that contains restricted or password only access pages, or hidden pages or images.
• You will not solicit passwords or personal identifying information for commercial or unlawful purposes from other users.
• You will not collect usernames and/or e-mail addresses by electronic or other means for the purpose of sending unsolicited e-mail or any other purpose.
• You will not collect or store personal data about other persons.
• You will not use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other person without their prior explicit consent. 
• You will not upload, post, e-mail or otherwise transmit 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.
• You will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
• Your information and your activities on the Website shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
• You will not interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
• You will not take any action that imposes (as determined by us in our sole discretion) an unreasonable or disproportionately large load on the Website or any service or feature or any network connected to the Website.
• You will not interfere or attempt to interfere with the proper working of the Website or any service or feature of the Website.
• You will not upload, post, e-mail or otherwise transmit any 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.
• Your information and your activities on the Website shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other vendors or contractors.
• You will not frame or link to the Website without our written authorization.

We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates these provisions, including but not limited to removing any offending material from the Website and terminating the registration of such violators. 

COMMUNICATIONS AMONG USERS

You are solely responsible for your interactions with other Registered Users.  We reserve the right, but have no obligation, to monitor disputes between you and other Registered Users.

All communications that are transmitted through our system, including but not limited to e-mail, are public and not private communications.  Although we reserve the right to remove without notice any e-mail or posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. 

We provide our users with access to e-mail.  This e-mail shall be used only in a non­‑commercial manner.  You shall not, without our express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.

It is our policy to respect the privacy of all users.  In addition to our Privacy Policy, we will not monitor, edit, or disclose the contents of a user or member e‑mail unless required in the course of normal maintenance of the Website and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect the personal safety of our users or the public.  You shall remain solely responsible for the content of your messages.

We reserve the right to monitor some, all, or no areas of the Website or communications routed via the Website for adherence to these or other rules that may be published from time to time.  You acknowledge that by providing you with the ability to distribute your content, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any content or activities in connection with the Website.

DISCLAIMERS

THE WEBSITE IS PROVIDED "AS IS."  YOU USE IT AT YOUR SOLE RISK.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR WITHOUT ERROR, THAT THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE, WHETHER CAUSED BY YOU, REGISTERED USERS, ANY OTHER PERSON, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE. 

WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY REGISTERED USER OF THE WEBSITE OR OTHER PERSON.

WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS. 

WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL BECAUSE OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY OTHER WEBSITE OR COMBINATION OF CAUSES, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO REGISTERED USERS AND/OR OTHER PERSONS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE WEBSITE. 

UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO REGISTERED USERS, OR ANY INTERACTIONS BETWEEN REGISTERED USERS OF THE WEBSITE OR OTHER PERSONS, WHETHER ONLINE OR OFFLINE.

PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:

(i)              THE USE OR THE INABILITY TO USE THE WEBSITE;

(ii)             THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES; 

(iii)            UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; 

(iv)           STATEMENTS OR CONDUCT OF ANY OTHER PERSON ON THE WEBSITE; OR

(v)             ANY OTHER MATTER RELATING TO THE WEBSITE OR THE OPERATION OF THE WEBSITE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO US IN CONNECTION WITH YOUR USE OF THIS WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

DISPUTES

If there is any dispute about or involving the Website, by using the Website you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions.  You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, County of Los Angeles.

INDEMNIFICATION

You agree to indemnify and hold us, our owners, parents, subsidiaries, affiliates, officers, agents, attorneys, consultants, advisors, representatives, employees, heirs, successors, and assigns, harmless from any loss, liability, claim, demand, cause of action, cost, or expense, including but not limited to reasonable attorney's fees, made by any third party due to or arising out of your use of the Website, your breach of this Agreement, breach of your representations and warranties described above, unauthorized use by any other person of your password or registration, and/or infringement of any intellectual property or other right of any person or entity.

OTHER TERMS

This Agreement, accepted upon use of the Website and further affirmed by those who register as Registered Users, contains the entire agreement between you and us regarding the use of the Website. 

This is the entire agreement between you and us relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties.

If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

The Agreement inures to the benefit of our successors, assigns, and licensees.

PROCEDURE FOR REPORTING COPYRIGHT INFRINGEMENT

In accordance with the U.S. Digital Millennium Copyright Act, if you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please contact our Copyright Agent for Notice of claims of copyright infringement on:

Registered Copyright Agent