TERMS OF USE
Welcome to Willook. This is a binding agreement between Willook and you ("you" or your”) governing your use of the website at www.Willook.com (the "Site") including, without limitation, all content such as text, information, images, software and other information, services and materials (collectively, the "Materials") and all information made available to you or by you through or in connection with this Site.
OWNERSHIP OF MATERIALS. All Materials on this Site other than your User Communications (defined below) are provided by Willook or its licensors unless indicated otherwise. All intellectual property rights (including but not limited to copyrights, trademarks, trade secrets and patents) in the Materials are the property of Willook or its licensors unless indicated otherwise. Willook and its licensors retain all copyrights in the individual pages, and their components, and collective works available at the Site. The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, except as stated below or as otherwise agreed by the Willook in writing. Willook, the Willook logo, brands and proprietary graphics are trademarks and the property of Willook. All other names and trademarks are the property of their respective rights holders.
ELIGIBILITY FOR USE AND ACCESS TO THIS SITE. To use any Materials on this Site, you must be age 18 or older, or provide verifiable written authorization from your parent or guardian prior to use of the Site. By submitting that information to Willook, agree to all of these Terms of Use.
GRANT OF LICENSE TO YOU. Willook grants you the personal, non-exclusive, non-transferable right to use the User Commincations (as defined below) contained in the public portions of the Site and to copy and send them to others, provided that you do not receive any payment or exchange of goods or services in return for providing that copy, and that you always include the following statement with any transmittal of Materials from the Site: “Taken from Willook.com and subject to the Willook TM Terms of Use found at www.willook.com. Not to be modified, and not for commercial use or distribution of any kind.” Willook also grants you a non-exclusive, worldwide license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display any or all User Communications provided on the Site, subject to the conditions that you include the statement set forth above and that you: (1) you provide conspicuous attribution to the author of the specific User content in the manner set forth on the specific User Communication as it appears on the Site; (2) you identify the terms of this license in any redistribution or reuse of the User Communications; and (3) you do not state, imply, use Willook’s trademarks to suggest, or otherwise indicate that either Willook or the author of the specific User Communication that you use endorses you or your use of the User Communication. In no circumstance shall (1) title to any User Communications found on the Site be transferred to you by the function of this license, or (2) this license, with the exception of the permission stated above to prepare derivative works, impair the moral rights of the author. Any unauthorized use of any User Communications or information at this Site may violate patent, copyright, trademark, and other laws.
You do not have the right to reproduce or make use of the software or other proprietary materials on the Site.” You may not (and may 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, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software or other Materials on the Site. You agree neither to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Willook Services. Except as set forth above, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Willook Services including without limitation content, advertisements, Materials, Software.
USER SUBMISSIONS. By submitting or posting materials and communications to the Site (“User Communications") you and other Willook users expressly agree that User Communications are non-confidential and non-proprietary, and may be treated as such by Willook; and that you have all rights necessary to post User Communications to the site for third party viewing and use, as set forth below. Willook will have no obligations with respect to the User Communications, and except as set forth in these Terms of Use. Posting or transmitting user communications to the public portions of the site automatically and irrevocably grants Willook a world-wide, non-exclusive license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such User Communications, in whole or in part in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, to the extent permitted by applicable law, and you are not entitled to any compensation or credit in connection with such uses by Willook. You hereby waive any and all claims against Willook for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Willook’s use and publication of such User Communications.
When you post User Communication to private portions of the Site, you grant Willook the irrevocable and perpetual right to share that content with the recipients of the User Communication that you have specified and you grant those recipients the irrevocable non-exclusive right to copy, display, exhibit, modify and create derivative works from your User Communication, and for them to share some or all of your User Communication with whomever they choose. It is important you understand that the recipients of your Communications are free to do whatever they would like with the communication that you send to them!
You hereby expressly and forever waive any claim or cause of action against the recipients you choose via Willook and Willook itself, arising from their receipt and/or use of your communications via Willook.
PROHIBITED USER COMMUNICATIONS.
You are prohibited from posting or transmitting to or from this Site any User Communications that are or contain unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law in the United States or in the country in which you are located, including but not limited to copyright law.
You are prohibited from revealing the name or other personally identifying information of any other user of Willook or any other person unless that individual has previously revealed his or her own name or personally identifying information in User Communications sent by or on behalf of that user to the Site.
You may not post photos of any third party who has not consented to have his or her photo taken and posted onto the Site or published in general. For your own security you should obtain written permission from all persons whose photos you upload to the Site. You must obtain the consent of a parent or guardian to upload photos of children under 18. If Willook discovers or is informed that there is any private/personal information or images of a third party n the Site, it reserves the right in its sole discretion to remove the offending content.
Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered trespass and computer fraud and abuse, punishable under state and federal laws. Willook reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.
SPECIAL PROHIBITIONS IN CONNECTION WITH INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE. You may not transfer software, technology, and other technical data via the Willook Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and you may not transfer, upload, or post via the Willook Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Willook’s copyright agent the written information specified below:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Willook to locate the material;
Information reasonably sufficient to permit Willook to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has 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;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that this procedure is exclusively for notifying Willook that your copyrighted material has been infringed. Willook’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Michelle Katz, Attorney; 4570 Van Nuys Blvd. #568; Sherman Oaks, CA 91403. In addition, if information about or images of you or a minor child for which you are the parent or guardian appears on the site without your consent, please submit a statement to the above address identifying the offending content, your identity and relationship to the content (whether it is your information or that of a minor child, etc.) as well as you name, address and email so that Willook may investigate the matter and contact you if necessary.
TERMINATION OF USE. Willook may terminate your right to use the Site at any time if you are in breach of these Terms of Use. Upon termination, you will immediately destroy any Materials in your possession, if any, and cease use of the Site. Willook reserves the right to discontinue or make changes to the Site and/or Materials at any time.
SECURITY. This Site is intended by Willook to require a valid, working e-mail address and password to access and use the Materials on the Site. Certain other Materials or functionalities on the Site may require additional access codes. you are solely responsible for: (1) maintaining the strict confidentiality of the e-mail address, account names, passwords and/or codes (collectively, "ID(s)") assigned to you; (2) not allowing another person to use your IDs to access the Site; and (3) promptly informing Willook by e-mail addressed to support@Willook.com of (i) any suspected or unauthorized use of your IDs, (ii) the intentional or inadvertent disclosure of your IDs, or (iii) any other need to deactivate an ID due to potential or actual security concerns. Willook, its parent company, subsidiaries, affiliated companies, officers, investors, directors, employees and agents (hereafter collectively, “Willook”) are not liable for any harm related to the theft of your ID, your intentional or inadvertent disclosure of your ID, or your authorization to allow another person or entity to access and use the Site using your ID. You agree to indemnify the Willook for any damages or losses that may be incurred or suffered by any party, including but not limited to the Willook and the other users of the Site, as a result of you or your failure to maintain the strict confidentiality of your IDs.
GENERAL DISCLAIMERS. THE SITE, ANY SERVICES PROVIDED THROUGH THE SITE, AND ANY PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANT OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. SUBJECT TO THE TERMS OF THE PRIVACY POLICY, activate this as a link In no event shall Willook be liable to you or any other entity for any and all damages including but not limited to direct, compensatory, indirect, incidental, consequential, special, exemplary or punitive damages (including, without limitation, damages for loss of profits, business interruption, loss of information and loss of business opportunities) arising out of or relating to (1) the use of or inability to use the materials, or (2) reliance on the content and Materials in the site; or (3) errors, inaccuracies, omissions, defects, security breaches, or (4) information communicated through any application on this site, or (5) the satisfaction of any government regulation requiring disclosure of information contained within the site or (6) any other failure to perform by Willook or Willook’s content providers. The foregoing shall apply regardless of whether Willook has been advised of the possibility of such damages. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the Site. Because some jurisdictions may not permit each of these disclaimers and limitations, some or all of these limitations may not apply to you.
LIMITATION OF LIABILITY. IF NOTWITHSTANDING THESE TERMS OF USE, WILLOOK SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WILLOOK AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF $100.00. YOU AND WILLOOK AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND WILLOOK. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WILLOOK WOULD NOT PROVIDE ACCESS TO THE SITE TO YOU.
INDEMNITY. You agree to defend, indemnify and hold Willook harmless against any losses, expenses, costs or damages (including Willook’s reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of these Terms of Use, (2) your unauthorized or unlawful use of the Site and/or the Materials, and/or (3) the unauthorized or unlawful use of the Site by any other person using your ID.
APPLICABLE LAWS. This Site is controlled by Willook from its offices within California, United States and _________________. Willook makes no representation that Materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If necessary and in accordance with applicable law, Willook will cooperate with local, state, federal, international and/or worldwide government authorities to protect this Site, visitors, customers, members, Willook in order to: prevent unauthorized use of this Site; and/or comply with any requirements of law or judicial process that are applicable to Willook.
DISPUTE RESOLUTION. Any dispute between Willook and you arising out of these Terms of Use shall be resolved first by direct communication with one or more of Willook’s dispute resolution team members reachable at claims @Willook.com. California law governs your use of the Willook Site and any transactions with Willook, without regard for its conflicts of laws provisions. You agree to venue for the resolution of any dispute with Willook in the Courts Los Angeles, CA. You agree that, where Willook is required to provide you with notice under these Terms of Use, acceptable and sufficient forms of notice include, but are not necessarily limited to, the following: e-mail to the most recent e-mail address that you have provided to Willook, regardless of the current status of that e-mail address; or written communication delivered by first class U.S. mail to the most recent physical address that you have provided to Willook, regardless of the current status of that e-mail address. The Willook shall have sole discretion to select which of the above methods of notice that it shall use, and shall not be required to use more than one of these methods to provide notice. You accept sole responsibility for providing us with notice of changes to your physical address and/or your e-mail address. Except as otherwise set forth above, you may give notice to Willook at any time by letter delivered by first class postage prepaid U.S. mail or overnight courier with delivery confirmation to the following address: Willook c/o Michelle Katz, Attorney 4570 Van Nuys Blvd. #568 Sherman Oaks, CA 91403.
STANDARD TERMS. Your right to access and use the Site and/or Materials immediately terminates without further notice upon your breach of these Terms of Use. Willook may terminate these Terms of Use and/or your right to use the Site at any time, with or without cause. Except for the grant of rights to you set forth above, all other sections of these Terms of Use survive the expiration or termination of these Terms of Use . Willook may assign these Terms of Use, in whole or in part, in its sole discretion. You may not assign your rights under these Terms of Use.. Any attempt by you to assign your rights under these Terms of Use without Willook’s permission shall be void and non-binding on Willook. Any failure to enforce any term or provision of these Terms of Use by Willook shall not be deemed a waiver of that or any other breach of that or any other term or provision of these Terms of Use. The headings of articles and sections contained in these Terms of Use are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms of Use. These Terms of Use, including the Privacy Policy are incorporated herein by reference, contains the entire agreement between you and Willook relating to the subject matter hereof, and supersedes any other oral or written User Communications relating thereto. These Terms of Use may not be amended or supplemented by you or by any third party. WILLOOK RESERVES THE RIGHT, AT ANY TIME, TO AMEND THESE TERMS OF SERVICE OR THE TERMS OF THE PRIVACY POLICY, INCLUDING BUT NOT LIMITED TO THOSE PROVISIONS RELATING TO COPYRIGHT EFFECTIVE UPON POSTING. CONTINUED USE OF THE SITE BY YOU CONSTITUTES ACCEPTANCE OF ANY AMENDED TERMS. PLEASE REVIEW THESE TERMS OF USE ON A REGULAR BASIS.
OTHER INFORMATION REGARDING USE OF THE SITE may be found in our frequently asked questions. If you cannot find the answer to your question, please contact us using the Help (or customer services) section of the site.
LINKS TO OTHER MATERIALS. Other websites linked to from the Site are not necessarily under the control of Willook, and Willook is not responsible for, nor does it certify, the content of any linked site or any link contained in a non-affiliated linked site. Use of the donate feature provided on Willook site will take you to a third-party service. Willook reserves the right to terminate any link or linking program at any time. The inclusion or omission of links on the Site is not intended to endorse any particular companies, products or services. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and Willook shall not be responsible for notification of any change in name or location of any information of the Site. Willook reserves the right to request any website administrator to disable or remove any link that violates any rights of Willook or causes interruption or deterioration of Materials provided by Willook. Failure to abide by this request shall be dealt with as provided in this section.
You agree that from time to time Willook may invite or otherwise make you aware of certain educational, promotional or financial opportunities relating to your User Communications.