1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE: The terms and conditions set forth herein constitute the full and complete agreement between you and LookMeUp. The services offered at www.lookmeup.org, are provided to you ("User") under the terms and conditions of this LookMeUp Terms of Service ("LMUTS"), and any operating rules or policies that may be published by LookMeUp at the URL: http://www.lookmeup.org (the "Service"). The LMUTS comprises the entire agreement between User and LookMeUp and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING LookMeUp, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. User may continue to use LookMeUp as long as User adheres to these Terms of Service.
2. SERVICES VOID WHERE PROHIBITED: Use of the Services is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
3. FEES: LookMeUp charges the following fees where applicable. All such fees are subject to change with 30 days notice.
4. LookMeUp reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not effect the then existing rights and responsibilities of each party. LookMeUp also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.
5. PAYMENT OF FEES: LookMeUp accepts payment by Credit Card (American Express, Visa, MasterCard, Discover) and by personal check, cashiers check or money order.
6. PAYMENT BY CREDIT CARD: Prior to activation of your account and at any applicable time thereafter you agree to allow LookMeUp to charge your provided credit card and at stated regular intervals the agreed service fee amount for the stated period together with any LookMeUp set-up charges, registration fees, or any other charges outlined herein as may be applicable. You further authorize LookMeUp to charge your credit card for all subsequent period fees at, or a reasonable period in advance of, the commencement of any such subsequent period. You agree to maintain current valid existing credit card information with LookMeUp for the purpose of satisfying the LookMeUp charges as they become due. Refusal or rejection of any such charge or any portion thereof is grounds for account suspension and/or termination at the sole option of LookMeUp under Paragraph 22 herein.
7. PAYMENT BY CHECK: Prior to activation of your user account you agree to submit a check payable in U.S. dollars against a bank located within the United States. LookMeUp is under no obligation to initiate service until the proceeds of such check have been cleared by such financial institution and have been received by LookMeUp. Invoices will be submitted to you as a courtesy only. Payment for subsequent fees is due and payable immediately upon invoice and in no instance later than the expiration of the last day of the previous period without regard to any invoice. It is your responsibility when paying by check to make sure that your payment is received by LookMeUp. An administrative fee of $25.00 will be charged for the refusal, rejection or return of any such check for any reason whatsoever or any portion thereof. In addition, refusal, rejection or return of any such check for any reason whatsoever or any portion thereof is grounds for account suspension and/or termination at the sole option of LookMeUp under Paragraph 22 herein.
8. It is recommended that in order to avoid any service interruption that you submit your payment to LookMeUp a sufficient time before the expiration of the current service period so that it reaches LookMeUp in advance of the renewal date.
9. Refunds of Service fees will be made up to 20 days after receipt of payment date. LookMeUp may grant refunds under any other circumstance it deems appropriate without waiving any other rights hereunder.
10. REGISTRATION: You are required to register with LookMeUp if you want to use this service. In order to register with LookMeUp you must supply a valid email address, which will be used as a unique identifier for your account, and a password. Offensive content is not permitted in any form. By posting personal contact information you warrant and represent that you own all right, title and interest to that personal contact information and you authorize LookMeUp to distribute that personal information as part of the LookMeUp Service. If you see any personal contact information on LookMeUp that do not conform to this policy, please notify us by emailing us at abuse@lookmeup.org
11. DESCRIPTION OF SERVICE: LookMeUp provides Users with a variety of online services, including but not limited to: The service gives the user the ability to store, update, remove and selectively allow access of their personal contact information to other LookMeUp users.
12. LIMITATION OF LIABILITY: YOUR PARTICIPATION IN POSTING PERSONAL CONTACT INFORMATION IS AT YOUR SOLE AND EXCLUSIVE RISK. BY USING LookMeUp YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY POSTING, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN. BY USING LookMeUp, YOU AGREE AND UNDERSTAND THAT DAMAGES CAN OCCUR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE, DISCHARGE CLAIMS , RELEASE LookMeUp FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS LookMeUp, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM DAMAGES IN ANY WAY CONNECTED WITH SHARING OF PERSONAL CONTACT INFORMATION. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE BE BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS.
13. CONTENT: Your are solely responsible for any data, text, software, music sound, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, and Member Pages. All Content posted by you, is your sole responsibility. LookMeUp does not control the Content posted by users such as yourself via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using the LookMeUp Service you understand and agree that you may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will LookMeUp be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service. Subject to the terms of LookMeUp's Privacy Policy, you agree if you post any Content on the LookMeUp Service, you grant to LookMeUp, and its successors and assigns, a non-exclusive, worldwide, royalty free, perpetual, non-revocable license, in and to the Content, to distribute, display, modify, redistribute, sublicense and reproduce such Content to other users of the Service and to third parties with whom LookMeUp has a relationship. You also grant LookMeUp the right to authorize the downloading and printing in whole or in part of any Content that you post to the LookMeUp Service.
14. COPYRIGHT POLICY/INFRINGING MATERIAL. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the LookMeUp Service without your permission or in any way that constitutes copyright infringement, please provide LookMeUp with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the LookMeUp Service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact LookMeUp at the following address: LookMeUp.org, 107 Brookline Street, Cambridge, Massachusetts 02139.
15. NO "SPAMMING": You must not use any feature of the LookMeUp Service for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by LookMeUp. If you use any feature of the LookMeUp Service for the purpose of sending Spam, LookMeUp reserves the right to immediately terminate your access to the LookMeUp Service and to seek appropriate legal recourse as necessary. If you believes that other users are using the LookMeUp Service for Spam, please notify LookMeUp using the Contact Us page, or by emailing LookMeUp at abuse@lookmeup.org
16. NOTICES: LookMeUp may give notice to you by e-mail, a posting on the LookMeUp web site, or other reasonable means. You must give notice to LookMeUp in writing via e-mail or as otherwise expressly provided by LookMeUp. LookMeUp may broadcast, distribute or display notices or messages through the LookMeUp Service to inform you of changes to the LMUTS, the Service, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.
17. PRIVACY POLICY: It is LookMeUp's policy to respect the privacy of its users. LookMeUp' policies with regard to what personally identifiable information it collects from you, what information third parties collect from you and the LookMeUp Privacy Policy governs how that information is used.
18. SECURITY: You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your Personal Info Page. You agree to notify LookMeUp immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform LookMeUp of actual or apparent breaches of security, such as loss, theft, or an authorized disclosure or use of a User Account or password. Until LookMeUp is notified by email of a breach in security, you will remain liable for any unauthorized use of the LookMeUp Service through your account. In consideration for using the LookMeUp Service, you agrees to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or Personal Info Page is inaccurate, LookMeUp reserves the right to terminate your account immediately and your right to use the LookMeUp Service.
19. NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE: Your right to use the LookMeUp Service is personal to you. You agree not to resell or make any commercial use of the LookMeUp Service without the express consent of LookMeUp. You may not create bots or other computer generated automatic tools to create information or access requests, nor abuse the LookMeUp Service in any manner. Use that constitutes abuse shall be determined by LookMeUp in its sole discretion. LookMeUp reserves the right to terminate your account if LookMeUp determines you have not complied with this LMUTS.
20. USER CONDUCT: LookMeUp reserves the right, but does not assume the responsibility, to monitor or review your conduct on the LookMeUp Service. Your use of the LookMeUp Service is subject to all applicable local, state, national and international laws and regulations. In using the LookMeUp Service you agree not to:
*Use the LookMeUp Service for illegal purposes;
*Interfere or disrupt networks connected to the LookMeUp Service;
*Use the LookMeUp Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
*Harvest or otherwise collect information about other users, including e-mail addresses, without their consent;
*Transmit through the LookMeUp Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
*Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the LookMeUp Service;
*Transmit through the LookMeUp Service any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
*Interfere with another User's use and enjoyment of the LookMeUp Service;
*Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;
*Create a false identity for the purpose of misleading others as to your identity or the origin of a message;
*Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the LookMeUp Service any directory of LookMeUp's users or usage information or any portion thereof other than in the context of your use of the Service as permitted under this LMUTS;
*Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
*Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
*Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
*Engage in any other conduct, which in LookMeUp's sole discretion, is considered inappropriate, unauthorized or objectionable.
21. INDEMNIFICATION: You agree to indemnify and hold LookMeUp, its parent, subsidiary, affiliate, officers, employees agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the LookMeUp Service, the violation of this LMUTS by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.
22. TERMINATION: You may terminate your participation in the LookMeUp Service with or without cause at any time and effective immediately. LookMeUp may terminate the LookMeUp Service or your use of the Service with or without cause at any time and effective immediately, at LookMeUp's sole discretion, including but not limited to immediate termination of your use of the LookMeUp Service should your conduct fail to conform with the terms and conditions of this LMUTS. LookMeUp shall not be liable to your or any third party for termination of the LookMeUp Service or termination of your use of the LookMeUp Service. Should you object to any terms and conditions of the LMUTS or any subsequent modifications LookMeUp makes to the LMUTS or become dissatisfied with the LookMeUp Service in any way, your only recourse is to immediately: (1) discontinue use of the LookMeUp Service; and (2) notify LookMeUp of your termination and, at your discretion, notify LookMeUp of the reasons for your termination. Upon termination of your use of the LookMeUp Service, your right to use the LookMeUp Service shall cease immediately. You shall have no right and LookMeUp will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf. Sections 2, 12, 13, 14, 17, 18, 21, 22, 23, 26, 27 and 28 shall survive termination of the LMUTS.
23. TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS. LookMeUp shall not be liable for your interactions with any organizations and/or individuals found on or through the LookMeUp Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. LookMeUp is under no obligation to become involved in disputes between participants on the LookMeUp Service, or between participants on the LookMeUp Service and any third party.
24. LINKS TO THIRD PARTY SITES. Any web sites that are accessible via links included within the LookMeUp Service that take you out of the LookMeUp Service are not under LookMeUp's control and LookMeUp shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such website. We encourage you to read those policies and know you rights under any web site you visit.
25. VIOLATION OF TERMS BY OTHER USERS: LookMeUp asks that you participate in ensuring that all Users follow the terms of this LMUTS by reporting any postings or messages that violate these terms. To report a violation of this LMUTS, please email us at abuse@lookmeup.org
26. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREES THAT YOUR USE OF THE LookMeUp SERVICE IS AT YOUR SOLE RISK. THE LookMeUp SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LookMeUp 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. LookMeUp MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. LookMeUp MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT LookMeUp DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO LookMeUp FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. LookMeUp ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE LookMeUp SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE LookMeUp SERVICE. LookMeUp MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LookMeUp OR THROUGH THE LookMeUp SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
27. LIMITATION OF LIABILITY: LookMeUp SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF LookMeUp HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH LookMeUp OR A THIRD PARTY THROUGH THE USE OF THE LookMeUp SERVICE; (IV) OR RESULTING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREES THAT LookMeUp IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE LookMeUp SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
28. GENERAL PROVISIONS: This LMUTS shall be governed by and construed in accordance with the laws of the state of Massachusetts, excluding its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of Massachusetts, provided, however, that LookMeUp, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to this LMUTS through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of the LMUTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. LookMeUp's failure to exercise or enforce any right or provision of this LMUTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LookMeUp in writing. User and LookMeUp agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this LMUTS are solely used for the convenience of the parties and have no legal or contractual significance.
29. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: LookMeUp may modify or discontinue the LookMeUp Service with or without notice to you. LookMeUp shall not be liable to you if LookMeUp modifies or discontinues its Service. LookMeUp may change the terms and conditions of the LMUTS at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of this LMUTS, LookMeUp may notify you via e-mail, and/or by posting an announcement of the changes together with a link to the new LMUTS on the LookMeUp Service. By using the LookMeUp Service after any change in the LMUTS you acknowledge and accept changes to the LMUTS.