USER AGREEMENT

Last Updated: March 7, 2008

1. Description of Service
www.lookhook.com.au is online service (internet social meeting Web site) offering the second chance meeting for people who have already seen each other but didn’t get the chance to meet.

2. About this web site

This is a Web site operated by LookHook Pty Ltd - ACN/ABN 105 315 035 trading as “LookHook™” under the domain name www.lookhook.com.au . (Web site)
This agreement describes the terms on which you may access and use our services. In order to become a “LookHook™” user, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. In the event of any inconsistency between the “LookHook™” Privacy Policy and this User Agreement, the User Agreement shall take precedent. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Web site. Your continued use of the “LookHook™” service indicates your acceptance of the amended User Agreement.

3. Eligibility

The “LookHook™” Service is not available to minors under the age of 18 or to any users suspended or removed from the system by “LookHook™” for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your “LookHook™” account to another party. If you do not qualify, you may not use the “LookHook™” Service.

4. Use of Service

Your use of the “LookHook™” Service is governed by this User Agreement. “LookHook™” may refuse service without prior notice to any user for any or no reason. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify “LookHook™” of any unauthorized use of your password or account or any other breach of security. You alone are solely responsible for your use of the Web site and interaction with other members and agree to act responsibly and exercise caution, common sense and safety when using the Web site.

5. Information Provided on this Web Site

In the course of using the “LookHook™” Service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy). You understand that all information publicly posted or privately transmitted through the “ LookHook™” Service is the sole responsibility of the person from which such content originated and that “ LookHook™” will not be liable for any errors or omissions in any content. You understand that “ LookHook™” cannot guarantee the identity of any other users with whom you may interact in the course of using the “ LookHook™” Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves. Furthermore you may find other users communications inappropriate, offensive, harmful, inaccurate, dishonest or misleading and deceptive for which “LookHook™” takes no responsibility.

6. Termination

You agree that “LookHook™” may, with or without cause, immediately terminate your “LookHook™” account and access to the “LookHook™” Service without prior notice. Without limiting the foregoing, the following will lead to a termination by “LookHook™” of a user’s use of the “LookHook™” Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your “LookHook™” account includes removal of access to all offerings within the “LookHook™” Service and may also bar you from further use of the “LookHook™” Service. Furthermore, you agree that all terminations shall be made in the “LookHook™” sole discretion and that “LookHook™” shall not be liable to you nor any third-party for any termination of your account or access to the “LookHook™” Service.

7. User Conduct

You understand and agree not to use “LookHook™” to:

• Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
• Use the “LookHook™” Service for any illegal purpose, including but not limited to conspiring to violate laws.
• You will fairly and correctly represent yourself your affiliations with a person or entity, past or present on the Web site.
• Upload, post, email, photo, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships.
• Upload, post, email, photo, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
• Upload, post, email, photo, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. Using “LookHook™” to send unsolicited promotional messages. Sending messages to distribution lists, newsgroup aliases, or group aliases.
• Upload, post, email, photo, transmit or otherwise make available 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.
• Stalk or harass anyone.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the “LookHook™” Service.
• Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.
• Interfere with or disrupt the “LookHook™” Service or servers or networks connected to the “LookHook™” Service, or disobey any requirements, procedures, policies or regulations of networks connected to the “LookHook™” Service.

 

8. Fees

“LookHook™” reserves the right to charge for the “LookHook™” Service or any portion thereof, modify the pricing of, add to, or discontinue the LOOKHOOK Service or any portion thereof at any time, and without prior notice or a refund of your fees paid or pro rata part thereof, by posting amended terms on this Web site.
Nor will not be entitled to a refund of your fees paid or pro rata part thereof if your membership is terminated for a breach of the Terms of Use.
In addition you will not be entitled to a refund of your fees paid or pro rata part thereof if you cancel your membership.

9. Copyright and Trademarks

9.1 The copyright in this Web site, its look and feel, the material, information and all other content (together, “the Content”) on this Web site is owned by “LookHook™”. “LookHook™” reserves the right to use the Content for the purpose of promoting the Web site.

9.2 This clause 9.2 is subject to clause 9.1. Except where necessary for viewing the Content on this Web site on your browser, or as permitted under the Commonwealth Copyright Act 1968 or other applicable laws or these Terms of Use, no material on this Web site may be reproduced, adapted, uploaded, to a third party, linked to, framed, in public, performed in public, distributed or transmitted in any form by any process without specific written consent of “LookHook™”.

9.3 “LookHook™” does not permit the Content or any part of the Content to be copied by you or any registered user into any medium for any reason (except for the purpose of viewing on your screen in accessing the Content). You and all registered users, in accessing the Content, agree not to exercise any rights that you or any registered user may have under section 40 of the Copyright Act 1968 (as amended) in relation to fair dealing for the purpose or research or study.

9.4 This Web Site is subject to and governed by the provisions of the Schedule 5 of the Broadcasting Services Act 1992 (Commonwealth) – ‘Online Service’ which prohibits certain content from internet sites hosted in Australia (‘Prohibited Content’) on this Web site.

10. Indemnification

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless “LookHook™”, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of the “LookHook™” web site or any other matter relating to the “LookHook™” Service. Any communications and transactions which may arise between users from their use of “LookHook™” are the sole responsibility of the users involved.
Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that “LookHook™” may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of “LookHook™”, its users, and the public.

11. Disclaimer of Warranties

You understand and agree that the “LookHook™” service is provided on an “as is” and “as available” basis and that “LookHook™” does not assume any responsibility for prompt or proper delivery, or retention of any user information or communications between users. “LookHook™” assumes no responsibility for the accuracy or existence of any communications between users. “LookHook™” expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
“LookHook™” makes no warranty that (i) the “LookHook™” service will meet your requirements, (ii) the “LookHook™” service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from use of the “LookHook™” service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the “LookHook™” service will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the “LookHook™” service is done at your own discretion and risk and that 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.
No advice or information, whether oral or written, obtained by you from “LookHook™” or through or from the “LookHook™” service shall create any warranty not expressly stated in this User Agreement.

12. Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, “LookHook™” nor any of its directors, employees, servants, subsidiaries or agents is liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referrable to the Content on the Web site whether in contract, tort, negligence, statue or otherwise.

13. Governing Law

The Web site and the terms of use for the Web site shall be governed by and construed in accordance with the laws of the State of Victoria and Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of the governing law jurisdiction. Nothing in this clause is intended to oust the laws of the Commonwealth of Australia and the jurisdiction of the Federal Court of Australia.

14. Entire Agreement

The User Agreement constitutes the entire agreement between you and “LookHook™” and governs your use of the “LookHook™” Service, superseding any prior agreements between you and “LookHook™”.

15. Questions or Comments

If you have questions or comments about this Users Agreement or web site please email us at info@lookhook.com.au

PRIVACY POLICY

Last Updated: October 1, 2007

General Information

“LookHook™” respects the privacy of its members. “LookHook™” shall work hard to earn and keep your trust, so we adhere to the following principles to protect your privacy:

• We will never rent or sell your personally identifiable information to third parties for marketing purposes
• We will never share your contact information with another user, without your consent.
• Any sensitive information that you provide will be secured with all industry standard protocols and technology.
• Your email address will only be used for the delivery of email services that you have requested.

 

Changes to this Privacy Policy

Notice of all changes that materially affect ways in which your personally identifiable data may be used or shared will be posted in updates to our Privacy Policy. If you continue to use the “LookHook™” service after notice of changes have been published on our site, you hereby provide your consent to the changed practices. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.

Security

“LookHook™” does not collect any credit card details on any of the transactions made on this website. All credit card information is held by Pay Pal Australia. “LookHook™” only receives notification from Pay Pal Australia whether the transaction has been approved or declined.

Questions or Comments

If you have questions or comments about this Privacy Policy please email us at info@lookhook.com.au .