Last Updated: OCT 2022
These Site Terms are not intended to alter the terms or conditions of any content licence agreement you may have with Look And Cook Photography, its subsidiaries or affiliates, and to the extent of any conflict, the terms of your content licence agreement will prevail. By using the Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Look And Cook Photography for violations of these Site Terms.
Ownership of the Site and its Contents
The Site is owned by Look And Cook Photography. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software and the selection and arrangement thereof ("Look And Cook Photography Content"), is owned by Look And Cook Photography, its licensors or its third-party image partners. All elements of the Site, including the Look And Cook Photography Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. We also appreciate any feedback or other suggestions that you may submit to us about our services, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them.
Use of the Site
The Site and the Look And Cook Photography Content are intended for customers of Look And Cook Photography. You may not use the Site or the Look And Cook Photography Content for any purpose not related to your business with Look And Cook Photography. You are specifically prohibited from: (a) downloading, copying or re-transmitting any or all of the Site or the Look And Cook Photography Content without, or in violation of, a written licence or agreement with Look And Cook Photography; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Look And Cook Photography Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing or attempting to register, subscribe or unsubscribe any party for any Look And Cook Photography product or service if you are not expressly authorised by such party to do so; (e) reverse engineering, altering or modifying any part of the Site or the Look And Cook Photography Content; (f) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (g) selling, licensing, leasing or in any way commercialising the Site or the Look And Cook Photography Content without specific written authorisation from Look And Cook Photography; and (h) using the Site or the Look And Cook Photography Content other than for its intended purpose. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United Arab Emirates or the country in which you reside.
Look And Cook Photography will not be responsible for paying you or any Third Parties fees in connection with billing or collecting any licensing fees from you. You are responsible for all applicable taxes and any applicable Third Party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees.) In the event you reside in New Zealand, Japan, Malaysia, India, United Arab Emirates, Hong Kong, Singapore or Thailand and choose to pay with a credit card, the payment will be processed via a European Acquirer and constitutes an agreement between you and Look And Cook Photography International UC.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Look And Cook Photography has adopted a policy of terminating, in appropriate circumstances and at Look And Cook Photography' sole discretion, account holders who infringe the intellectual property rights of Look And Cook Photography or any third party.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Look And Cook Photography Legal Department
E-mail: marketing at lookandcookstudios.com
Look And Cook Photography Trademarks, the Look And Cook Photography logo, and any other product or service name or slogan contained in the Site are trademarks of Look And Cook Photography and its suppliers or licensers, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Look And Cook Photography or the applicable trademark holder. You may not use metatags or any other "hidden text" utilising "Look And Cook Photography" or any other name, trademark or product or service name of Look And Cook Photography without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Look And Cook Photography and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use a Look And Cook Photography logo or other proprietary graphic of Look And Cook Photography to link to the Site without the express written permission of Look And Cook Photography. Further, you may not frame any Look And Cook Photography trademark, logo or other proprietary information, including the Look And Cook Photography Content, without Look And Cook Photography' express written consent.
Look And Cook Photography makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Look And Cook Photography and Look And Cook Photography is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Look And Cook Photography provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Look And Cook Photography of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Look And Cook Photography shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Where enabled, you may embed Look And Cook Photography Content on a website, blog or social media platform using the embedded viewer (the “Embedded Viewer”). Not all Look And Cook Photography Content will be available for embedded use, and availability may change without notice. Look And Cook Photography reserves the right in its sole discretion to remove Look And Cook Photography Content from the Embedded Viewer. Upon request, you agree to take prompt action to stop using the Embedded Viewer and/or Look And Cook Photography Content. You may only use embedded Look And Cook Photography Content for editorial purposes (meaning relating to events that are newsworthy or of public interest). Embedded Look And Cook Photography Content may not be used: (a) for any commercial purpose (for example, in advertising, promotions or merchandising) or to suggest endorsement or sponsorship; (b) in violation of any stated restriction; (c) in a defamatory, pornographic or otherwise unlawful manner; or (d) outside of the context of the Embedded Viewer.
Look And Cook Photography (or third parties acting on its behalf) may collect data related to use of the Embedded Viewer and embedded Look And Cook Photography Content, and reserves the right to place advertisements in the Embedded Viewer or otherwise monetise its use without any compensation to you.
Forums & Other Interactive Services or Areas
The Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libellous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
c. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
d. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
e. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
f. Viruses, corrupted data or other harmful, disruptive or destructive files; and
g. User Content that, in the sole judgement of Look And Cook Photography, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters or flooding continuous posting of repetitive text), or which may expose Look And Cook Photography or its users to any harm or liability of any type.
Further, you agree not to delete or revise any User Content posted by any third party. Look And Cook Photography takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Look And Cook Photography liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Look And Cook Photography is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Look And Cook Photography has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Look And Cook Photography reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that Look And Cook Photography may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of Look And Cook Photography; or to protect the safety of our company, employees, customers or the public. If you post User Content to the Site, unless we indicate otherwise, you grant Look And Cook Photography and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Look And Cook Photography and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Look And Cook Photography immediately of any unauthorised use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account, including but not limited to, all applicable taxes and any applicable third-party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees); and (f) accept all risks of unauthorised access to the Registration Data and any other information you provide to Company.
Forward-Looking Statements. This Site, and any documents issued by Look And Cook Photography and available through this Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as "believe", "expect", "plan", "may", "will", "should", "anticipate" or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. The information contained in the most recent Look And Cook Photography Annual Reports to stockholders, including information contained under the section captioned "Management's Discussion and Analysis," as well as other information included under the caption "Risk Factors" and/or in other Look And Cook Photography filings with the Securities and Exchange Commission, identifies important factors that could cause actual results to differ from those contemplated by forward-looking statements. Look And Cook Photography undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made. Press Releases. The information contained within press releases issued by Look And Cook Photography should not be deemed accurate or current except as of the date the release was posted. Look And Cook Photography has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbour for forward-looking statements, and is subject to material risk.
Third-Party Financial Information. Look And Cook Photography may provide links to third-party websites or services that contain financial or investment information about Look And Cook Photography. Access to such websites and the information contained therein is provided as service to those interested in the information. Look And Cook Photography neither regularly monitors nor has control over the content of third parties' statements or websites. Accordingly, Look And Cook Photography does not endorse or adopt these websites or any information contained therein, including, without limitation, analyst's reports and stock quotes. Look And Cook Photography makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party websites or other third-party information that is identified on the Site. Users visit these websites and use the information contained therein at their own risk.
You agree to defend, indemnify and hold harmless Look And Cook Photography, its subsidiaries, affiliates, licensers, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the Look And Cook Photography Content, or your violation of any rights of another.
THE SITE, INCLUDING WITHOUT LIMITATION THE EMBEDDED VIEWER, ANY EDITING TOOLS AND THE LOOK AND COOK PHOTOGRAPHY CONTENT, ARE PROVIDED "AS IS" AND LOOK AND COOK PHOTOGRAPHY AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS, LICENSORS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. LOOK AND COOK PHOTOGRAPHY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE LOOK AND COOK PHOTOGRAPHY CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT LOOK AND COOK PHOTOGRAPHY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE LOOK AND COOK PHOTOGRAPHY CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE LOOK AND COOK PHOTOGRAPHY CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Look And Cook Photography uses reasonable efforts to ensure the accuracy, correctness and reliability of the Look And Cook Photography Content, but we make no representations or warranties as to the Look And Cook Photography Content's accuracy, correctness or reliability.
Look And Cook Photography offers a search feature within the Site. Look And Cook Photography explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Look And Cook Photography also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
IN NO EVENT SHALL LOOK AND COOK PHOTOGRAPHY, ITS DIRECTORS, MEMBERS, EMPLOYEES, LICENSORS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE LOOK AND COOK PHOTOGRAPHY CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM LOOK AND COOK PHOTOGRAPHY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO LOOK AND COOK PHOTOGRAPHY' RECORDS, PROGRAMMES OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LOOK AND COOK PHOTOGRAPHY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LOOK AND COOK PHOTOGRAPHY FOR ACCESS TO OR USE OF THE SITE.
Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the Look And Cook Photography Content shall be submitted to confidential arbitration in Dubai, UAE, except that, to the extent you have in any manner violated or threatened to violate Look And Cook Photography' intellectual property rights, Look And Cook Photography may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
Notwithstanding any of these Site Terms, Look And Cook Photography reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Look And Cook Photography. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
Look And Cook Photography reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.
Questions and Contact Information
Please contact us if you have any questions or comments about the Site or Site Terms.