Last Updated: April 15, 2010
This User Agreement (or "Agreement") is a legal agreement between you and Separation Degrees Media, Inc., dba Look Me Up Baby ("LMB" or "us") governing your participation on the www.lookmeupbaby.com, www.lookmeupafterdark.com and all sub-branded versions of the site(s), which are referred to collectively as the "Look Me Up Network." By using, accessing or registering as a member of the Look Me Up Network, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use the Look Me Up Network.
We can amend this Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on the Look Me Up Network, which take effect when we post them. By continuing to access or use the Look Me Up Network after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.
The Look Me Up Network is not targeted towards, nor intended for use by anyone under the age of 18. By using the Look Me Up Network, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for the Look Me Up Network. We reserve the right to terminate your membership in the event that LMB becomes aware you are under 18.
Certain features and services on the Look Me Up Network require that you register on the site. You agree as a condition of use and registration that we may contact you to inform you of changes to this Agreement or describe new services available on the Look Me Up Network. You are responsible for safeguarding the password that you use to access any secure areas of the Look Me Up Network. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your password.
Within the Look Me Up Network you will find a number of different services to assist you in socializing, joining local groups and seducing. The Look Me Up Network also provides information regarding products and third-party advertisers. LMB is paid by sellers or other third parties to advertise on the Look Me Up Network. You acknowledge that LMB disclaims any responsibility for or liability related to such products and advertisers (see Disclaimer of Warranties below).
You agree to direct any question, complaint or claim 1) about sellers (for example, about their products, customer service for their products or delivery) to the appropriate seller, and 2) about payments to the appropriate payment processor.
LMB does not warrant that product descriptions, pricing, editorial commentary or any other content on the Look Me Up Network, regardless of its source, is accurate, complete, reliable or current. Look Me Up Network content is provided for informational purposes only and does not constitute an endorsement by LMB of any product, service or merchant. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Liability Limits below). LMB assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g., user advertiser rating) or other content on the Look Me Up Network.
Consumer reviews and ratings on the Look Me Up Network are from our members who have elected to post a review on the Look Me Up Network. As such, these reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by an advertiser or other third party in any given transaction.
Participating merchants and other third parties advertisers may pay LMB to be presented on the Look Me Up Network or to have their product or service offerings placed higher in our web pages and may also purchase research from LMB, but in no event do such payments affect the reviews or ratings given to any seller by participating members.
You may download, view and print a single copy of any content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title and interest in and to the Look Me Up Network and any content appearing on the Look Me Up Network will remain the exclusive property of LMB and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use the Look Me Up Network or any other content appearing on the Look Me Up Network. You may not copy or modify the HTML code used to generate web pages on the Look Me Up Network. You may not use the Look Me Up Network, or any other content appearing on the Look Me Up Network, on or in connection with any other website for any purpose.
By using the Look Me Up Network, you are explicitly asking us or our affiliates to send your information, which may include personally identifiable information to: 1) advertisers from you have indicated you want to buy a product or service; or 2) other third parties you are explicitly notified about and consent to when using a specific service on the Look Me Up Network. For more information, please review our most current Privacy Policy.
By contributing or submitting any content to the Look Me Up Network, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant LMB a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and distribute, or incorporate such materials into any form, medium or technology, without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of LMB, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. LMB reserves the right to change or delete any content on the Look Me Up Network that LMB deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post any information:
You retain all ownership rights to information, text, graphics or other materials you publish on the Look Me Up Network. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. You can edit or remove your content from the Look Me Up Network at any time; but if we have distributed your content to others, we may be unable to require them to make the same changes. We ask that you refer or provide links to the Look Me Up Network if you choose to republish your content elsewhere and that you do not publish the same items of content on both the Look Me Up Network and other product or price comparison sites.
All content available on the Look Me Up Network, including site design, text, graphics, interfaces and the selection of arrangements thereof is copyrighted by LMB, with all rights reserved, or is the property of LMB or third parties protected by intellectual property rights.
LMB is a service marks of Separation Degrees Media, Inc. LMB's service marks/trademarks may not be used in connection with any product or service that is not provided by LMB, in any matter that is likely to cause confusion among customers, or in any manner that disparages or discredits LMB.
If you believe content on the Look Me Up Network infringes your copyright, you should send notice of copyright infringement to LMB's Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
The notice should be mailed to:
Separation Degrees Media, Inc.
Attn: Copyright Agent
2549B Eastbluff Drive, Suite 456
Newport Beach, CA 92660 U.S.A.
Upon receipt of notice as described above, LMB will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Look Me Up Network.
LMB is not in a position to arbitrate trademark disputes between the advertisers on the Look Me Up Network and trademark owners. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites. Similarly, LMB does not control and assumes no responsibility for content that appears on a third party's website that may be accessed via the Look Me Up Network, and trademark owners should contact third-party sites directly to resolve trademark disputes.
As a courtesy to federally registered trademark owners, however, we are willing to perform a limited investigation of reasonable complaints.
If you are an owner of a registered trademark (or represent an owner of a registered trademark) and have an objection to content corresponding to your trademark on the Look Me Up Network that is consistent with the foregoing, or if you believe that we have improperly used your registered trademark to promote the Look Me Up Network on a third-party website, please provide the following information in a signed letter on company stationery:
Please send this written communication with the above information to the following address:
Separation Degrees Media, Inc.
Attn: Trademark Complaints
2549B Eastbluff Drive, Suite 456
Newport Beach, CA 92660 U.S.A.
Upon receipt of notice as described above, LMB will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Look Me Up Network. In the event that the challenged content has been provided to LMB by a third party and in LMB's sole discretion, we conclude that the content is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner's federal registration, LMB will provide to notice to the third party prior to any removal of content. If prior to such removal, the third party demonstrates that it has its own trademark registration or approved trademark application covering the challenged content, LMB will not remove the content.
Notwithstanding the foregoing, LMB will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.
You can cancel your account at any time by contacting Member Support. We can cancel your account or otherwise refuse service to you at any time for any reason (including repeat infringement). LMB may choose to assume that you intended to terminate your account if you do not access it for more than 3 months. Following termination of your account for any reason (including inactivity), at their sole option, LMB and its licensees may continue or stop publicly displaying some or all of your content.
You agree to comply with all laws and regulations applicable to your access and use of the Look Me Up Network and publishing your content. You may not harvest personal data (including email addresses) from the Look Me Up Network, and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that LMB has no obligation to monitor your access to or use of the Look Me Up Network, but has the right to do so for the purpose of operating the Look Me Up Network, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access the Look Me Up Network or collect information from it.
By choosing to use the Look Me Up Network, you agree to indemnify LMB, its officers, agents, partners and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to or arising out of: 1) Content you choose to submit, post or transmit through the Look Me Up Network; 2) your use of or connection to the Look Me Up Network; 3) your violation of the User Agreement; or 4) your violation of any rights of another.
Because we are a venue, in the event that you have a dispute with one or more users (including merchants) of the Look Me Up Network, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably release and discharge LMB, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity, concerning, related to or arising out of any such disputes. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section by virtue of §1542 of the California Civil Code, which provides: "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." In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes or principles of common law applicable in states other than California as it pertains to the enforcement of the release in this section.
LMB and its suppliers shall not be liable to you for any lost profits or special, incidental or consequential damages arising in any way (including negligence) out of or in connection with LMB and its parent, subsidiary or affiliate companies, our services or this Agreement.
Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
This Agreement is governed by California law as such laws apply to Agreements entered into and to be performed entirely within California between California residents and without regard to conflict of laws. Any claim arising out of or relating to this Agreement or the Look Me Up Network shall be settled by binding arbitration in Orange County, California in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Each of us may conduct discovery per California CCPA §1283.05 and §1283.1. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by California law. However, (a) each of us may seek interim relief from a Orange County, California court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.
This Agreement and our Privacy Policy (which are incorporated herein by reference) constitute the entire Agreement and supersede any other Agreements or understandings (oral or written) between you and us with respect to their subject matters.
The Look Me Up Network and its services are provided "as is," without express or implied warranty or condition of any kind, and we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement. We do not promise or warrant that any aspect of the sites or system will work properly or that the information provided is complete or accurate or will be continuously available. The Look Me Up Network may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. . Your correspondence with or participation in promotions of merchants or advertisers found on the Look Me Up Network, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold LMB liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Look Me Up Network. In addition, LMB does not endorse, warrant or guarantee the products or services of any advertiser.
Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply to you, and you might have additional rights.
You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by LMB, in its sole discretion, to a third party. You may not assign your obligations to another entity.
This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with the Look Me Up Network. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by LMB.
