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iGotLooks.com is a fun way to get the general public's opinion of "how you look or how talented you are" on a scale of 1 to 10. Our service has been created for all users of legal age, but it also has limitations and risks that you must be aware of before participating. Prior to, and as a condition of your participation, you (hereinafter You or Yours or User) must agree to abide by the iGotLooks.com Terms of Participation. By clicking the check box labeled . I have read and agree to the Terms of Use., You are accepting these Terms. You may review these Terms at any time by clicking on the signup link on the home page. TERMS OF PARTICIPATION 1. Use of iGotLooks.com is available only to individuals who can form legally binding contracts under applicable law. This excludes in all cases minors (persons who have not reached their eighteenth birthday). 2. iGotLooks.com reserves the right to modify the Terms of Participation at any time and without prior notice to its Users. We may add to, change, delete or end our or Your use of our service at any time. The service may be temporarily unavailable from time to time for maintenance or other reasons. 3. iGotLooks.com is not involved in any transaction between any party who uses our site. We screen all of our users information and try to the best of our ability to filter out any illigitimate users, photos etc. but in no way can we guarantee the misuse of our site by our users. It is entirely possible for anyone with access to the internet to download your picture, modify it and or exploit it. 4. If there is a dispute between participants on this site, iGotLooks.com is under no obligation to become involved. In the event that You have a dispute with one or more Users or visitors to our site, You hereby release, iGotLooks.com's, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If You are a California resident, You waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." 5. The iGotLooks.com service may be used only for lawful purposes. Transmission, distribution or storage of material or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. You may use the information on our site only to the extent necessary to facilitate iGotLooks.com related transactions. 6. iGotLooks.com prohibits the transmission, distribution or posting of unwanted or offensive content. Prohibited transmissions include without limitation, profane or sexually explicit advertisements that include masking or misspelling the words, or images that would be illegal in any jurisdiction. It is Your responsibility, and you agree to comply with all requirements, legal or other. 7. iGotLooks.com prohibits the following for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following: Any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive. iGotLooks.com may include audio, textual and visual depictions of nudity and heterosexual, bi-sexual sexual situations. Persons under eighteen (18) years of age and persons who may be offended by such depictions must leave now and may not directly or indirectly acquire, download, listen to, read, view, or possess any advertisement, photograph, sound file, textual material, video file or other communication, message or other content at, in, or through iGotLooks.com, nor place any order for any goods or services at, in, or through connection to or from iGotLooks.com. If you are under the age of eighteen (18) years, are offended by such materials, or are acting on behalf of any governmental agency, you are not authorized to access or to download any materials from this iGotLooks.com and any and all such downloading shall constitute intentional infringement of iGotLooks.com's rights in such materials. All materials, messages, and other communications contained at iGotLooks.com are intended for distribution exclusively to consenting adults in locations where such materials, messages and other communications do not violate any community standards or any federal, state or local law or regulation of the United States or any other country. No messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive are authorized to or otherwise may be downloaded to persons located in the following areas: Alabama, Florida, except Ft. 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By downloading materials from iGotLooks.com, down loader hereby agrees to be personally liable and to fully indemnify iGotLooks.com for any and all damages directly , indirectly and/or consequentially resulting down loader's attempted or actual unauthorized downloading or other duplication of materials from iGotLooks.com, alone or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include without limitation, damages resulting from loss of revenue and/or property, fines, and attorney's fees, including, without limitation, those generated by prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s). No inference of association or affiliation with, or endorsement by any company or organization is intended or should be inferred. 8.iGotLooks.com strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the iGotLooks.com service. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited. 9.iGotLooks.com also prohibits the use of another Internet service to send or post SPAM to drive visitors to Your site hosted on or through iGotLooks.com systems, whether or not the messages were originated by You, under Your direction, or by or under the direction of a related or unrelated third party. 10. If iGotLooks.com, in its sole discretion, determines that a violation of the Terms of Participation has occurred, iGotLooks.com may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of Your account and /or the exclusion of any person(s) who may have violated any Terms of articipation. iGotLooks.com could also pursue violators with claims that they have violated various criminal and/or civil laws as applied by the relevant jurisdiction. iGotLooks.com will cooperate with any investigation by any Federal, State, or local body or any court or tribunal legitimately exercising it's rights. Such cooperation may be without notice to You. If iGotLooks.com believes in its sole discretion that any ad may create liability for iGotLooks.com, iGotLooks.com may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In sum, iGotLooks.com reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice. 11. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK.THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. IGOTLOOKS.COM 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. 12.IGOTLOOKS.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES IGOTLOOKS.COM MAKE ANY 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 FROM THE SERVICE. 13. USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. 14. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM IGOTLOOKS.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 15. LIMITATION OF LIABILITY. USER AGREES THAT NEITHER IGOTLOOKS.COM NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF IGOTLOOKS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT IGOTLOOKS.COM SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTITIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT IGOTLOOKS.COM SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE SERVICE. In sum, in no event shall IGOTLOOKS.COM's total liability to You for all damages, losses, and causes of action exceed the amount paid by You to iGotLooks.com, if any, that is related to the cause of action. 16. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 17. You give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in Your listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by You, (the "User") to iGotLooks.com with the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable User Data" shall mean that subset of "User Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, photograph, etc. The User Data shall be deemed to be the property of iGotLookst.com. You shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way. 18. No Resale or Unauthorized Commercial Use. You agree not to resell or assign Your rights or obligations under these Terms of Participation. You also agree not to make any unauthorized commercial use of the Service. 19. Others' Information. You agree not to make use of anyone else's Information other than as necessary to complete any iGotLooks.com transactions in which You are involved. 20. No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between iGotLooks.com and any User of the Service. 21. Notice. Any notice to You or to us shall be made by either email or regular mail. We may also give notice of changes to these Terms of Participation or other matters related to iGotLooks.com by displaying notices to Users on the Service. 22. This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties. 23. These Terms of Participation and the relationship between User and iGotLooks.com shall be governed by the laws of the State of New York without regard to its conflict of law provisions. User and iGotLooks.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Queens, New York. 24. The failure of iGotLooks.com to exercise or enforce any right or provision of these Terms of Participation shall not constitute a waiver of such right or provision. If any provision of these Terms of Participation is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Participation shall remain in full force and effect. 25. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the these Terms of Participation must be filed within one (1) year after such claim or cause of action arose or be forever barred. 26. The section titles in these Terms of Participation are for convenience only and have no legal or contractual effect.
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