Effective date: 11/14/2007

Acceptance of Terms

Welcome to Lookybook. By visiting or participating in this Site, you automatically agree to all of the Terms and Conditions of Use as provided below (“Terms”). Please read them carefully. Lookybook may revise these Terms from time to time. If you continue to participate in this Site after we post changes to the Terms, it will mean that you accept those changes.

Intellectual Property

Copyright:

All content included on the Site, including the picture book images and files, text, graphics, data compilations, software, and website designs, are the proprietary property of Lookybook, or the respective book publishers, authors, or Site participants, and is protected by United States and international copyright laws. No Site content may be modified, copied or distributed except as explicitly set forth below.

Trademarks:

Lookybook, Lookytools, Lookyhere, Bookshelves, Minibooks, the Lookybook Eyes icon, the Lookybook character, and the Lookybook website design are the exclusive trademarks of Lookybook, Inc., and are protected by United States and international trademark and unfair competition laws. Lookybook’s trademarks may not be used, including as part of other trademarks or domain names, in connection with any other product or service and may not be copied without the prior written permission of Lookybook.

Software:

The Site operates with proprietary and confidential Lookybook and Lookytools software which is protected by United States and international trade secret laws. You may not reproduce, duplicate, copy, distribute, or reverse engineer any Lookybook Site software or operating functionality.

License and Site Access

When you register to participate in the Site, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. You agree to not use the Site to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

Lookybook grants you a limited license to access and participate in this site for your personal use only. You may share your own User Content (as defined below), and Site content, such as embedded Minibooks, via email and other means as described on the Site. Otherwise, you may not, without the express written consent of Lookybook: reproduce, duplicate, copy, distribute or otherwise exploit the Site content for any commercial purpose; use data mining, robots, or similar data gathering and extraction tools to collect information or content from the Site; frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Lookybook; or use any meta tags or any other “hidden text” utilizing the Lookybook name or trademarks.

User Content

The information and opinions expressed in materials posted by Site participants (“User Content”) are not necessarily those of Lookybook and Lookybook makes no representations or warranties regarding such posted materials.

You shall not post any User Content which:
(1) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening;
(2) infringes any intellectual property or other right of any person or entity, including but not limited to, violating anyone's copyrights or trademarks;
(3) falsifies or deletes author attributions, legal notices or other proprietary designations;
(4) violates any law;
(5) advocates illegal activity;
(6) knowingly contains viruses, corrupted files, or other materials that may cause damage to another's computer, or
(7) advertises or otherwise solicits funds or sales of goods or services other than books featured on the Site.

By posting any User Content on this Site, you represent and warrant that the content is original and that no other party has any rights to it, and you agree to indemnify Lookybook, and any other person or entity affiliated with the Site, from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these posting restrictions.

When you post User Content to the Site, you authorize Lookybook to make copies thereof as necessary for the purposes of the Site, and you automatically grant to Lookybook a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute the posted content or incorporate the posted content into any form, medium, or technology now known or later developed, for any purpose in connection with the Site or to promote Lookybook, and to authorize others to do so.

You understand that the technical processing and transmission of the Site, including your User Content, may involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices. Lookybook shall not be liable for the deletion or failure to store postings, contributions or other information submitted by you or other users to Lookybook.

Lookybook is under no obligation to monitor User Content. However, you agree that we may monitor and edit, modify, reject or eliminate any content posted on the Site: to comply with any applicable laws, regulations or other government requests; to operate the site properly; that it, in its sole discretion, believes is unacceptable or in violation of these Terms; or for any other purposes Lookybook may deem reasonably necessary or appropriate from time to time.

Copyright Complaints

Lookybook respects the intellectual property of others. Lookybook complies with the provisions of the Digital Millennium Copyright Act, http://www.copyright.gov/title17/92chap5.html#512 (“DMCA”). Pursuant to the DMCA, Lookybook will promptly remove posted materials in the event a copyright owner provides proper notice to us alleging that the posted materials constitute infringement. If your postings are removed under this procedure, we will notify you and provide the opportunity for response as provided under the DMCA.

If you believe that any Site content infringes a copyright which you own or control, you may send written notice of such infringement to our designated agent:

Lookybook DMCA Agent
90 Throckmorton Avenue
Suite 26
Mill Valley, CA 94941
copyright@lookybook.com

Pursuant to the DMCA, your notice must contain the following:

(1) Identification of the copyrighted work or intellectual property that you claim has been infringed in sufficient detail so that we can locate the material
(2) An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf
(3) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
(4) Your statement by you that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf
(5) Your name, mailing address, telephone number and email address

Communications

When you register on the Site, you consent to receive communications from Lookybook electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

In operating this Site, we do not solicit nor wish to receive any confidential or proprietary information. If you send us any questions, comments, suggestions or other information or material (“Submissions”), you agree that such Submissions shall be deemed non-confidential, and you grant to Lookybook unrestricted rights to reproduce, adapt, and otherwise use the Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Privacy

Lookybook must collect some user information in order to operate the interactive portions of the Site. Lookybook protects the privacy of its user information. Please view Lookybook’s Privacy Policy here.

Links to Third Party Sites

You may be able to access third party sites through the Site (“Linked Sites”). Lookybook does not review, control, or examine Linked Sites, and we are not responsible for any such Linked Sites, or any additional links contained therein. It is your sole responsibility to comply with the appropriate terms of use of the Linked Sites. In no event shall Lookybook be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned the use of the Linked Sites.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY LOOKYBOOK ON AN “AS IS” AND “AS AVAILABLE” BASIS. LOOKYBOOK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LOOKYBOOK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOOKYBOOK DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM LOOKYBOOK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LOOKYBOOK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

The laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Lookybook, and any such dispute shall be resolved in the state or federal courts in the Northern District of California. Lookybook shall be entitled to injunctive or other equitable relief to prevent or remedy a breach of these Terms, in addition to any other remedies at law or at equity.

Site Policies, Modification, and Severability

Lookybook reserves the right to make changes to our Site, policies, and these Terms at any time. If any of these provisions is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. These Terms, together with the Lookybook Privacy Policy, comprise the entire agreement between you and Lookybook, and may not be modified by you except by a written agreement signed by Lookybook.

Contact Lookybook

If you have any questions or comments about these Terms, please feel free to contact us at:

Lookybook, Inc.
90 Throckmorton Avenue
Suite 26
Mill Valley, CA 94941
415-389-1479
info@lookybook.com