Terms of Service

TERMS OF SERVICE 

SECTION 1 – DEFINITION OF TERMS AND OVERVIEW 

This website is operated by LookLagoon Inc. All products, images and stock photos are owned by LookLagoon Inc. and its contributors, and are protected by international copyright laws. Throughout the site, the terms “we”, “us” and “our” refer to LookLagoon Inc. LookLagoon Inc. offers this website, including all information, tools and services available from this site to “you”, also referred to as “the user”, “purchaser” or “licensee”, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

This is a legal agreement. By visiting our website, using our online store and/or licensing or purchasing something from us, referred to as “Content”, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of Content. Occasionally, we may offer “free” images for download, and these free images are bound by the same Terms of Service as purchased Content with a Standard License. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to this website following the posting of any changes constitutes acceptance of those changes. 

Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

SECTION 2 – AUTHORIZED USE OF OUR WEBSITE AND ONLINE STORE TERMS 

  1. By agreeing to these Terms of Service, you represent that you are at least the age of majority in the province, state, or jurisdiction where you reside or from which you use this Service.
  2. When purchasing, licensing, or viewing Content from us, you represent that you are legally allowed and able to accept legal agreements on behalf of yourself, your company, your employer, and/or your client, and are authorized to bind such employer, company, or client to these Terms of Service. If you do not have such authority, you agree that you will be personally liable to LookLagoon Inc. for any breaches of the Terms and any resulting damages.
  3. By purchasing Content from us, you are purchasing the non-exclusive, non-sublicensable, non-transferable right to use the Content for licensed permitted uses only (see Section 3), and are not purchasing the exclusive ownership (copyright) of the Content. Copyright remains with the photographer and/or LookLagoon Inc.
  4. You must use our products or Content for the purposes intended by LookLagoon Inc. You may not use our products or Content for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws (including but not limited to copyright laws).
  5. You must not transmit any worms or viruses or any code of a destructive nature.
  6. You are prohibited from using any data mining, robots, or similar data gathering methods.
  7. A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 3 – PERMITTED USES OF CONTENT 

You may edit the purchased Content by cropping, adding text or modifying the photo. You may not incorporate the Content into a logo, trademark, service mark, or business name. Any use of the Content that is not listed as permissible below shall be deemed as copyright infringement, entitling LookLagoon Inc. and/or the photographer to exercise all rights and remedies available under copyright laws around the world. Licensee shall be responsible for any and all damages resulting from any such copyright infringement, including any claims by a third party, and any breach or violation of any of the Terms. 

Our royalty-free Standard License covers usage up to 500,000 times per photo. If usage exceeds 500,000 times, an Extended License must be purchased. 

The following are licensed permitted uses:

  1. Internet uses such as websites, blogs, or web-based media. Provided that this is for single-user only. See SECTION 5 – NUMBER OF USERS for more information.
  2. For ebooks and printed book covers.
  3. Documents, such as those connected with business use, provided that the Content is not incorporated as a logo, trademark, service mark, or business name, and no items shall be for resale or redistribution. Permitted examples are business cards, bookmarks, letterhead, and promotional brochures, none of which shall be for resale.
  4. Print media such as advertising, magazines, newspapers, and newsletters.
  5. Advertising packaging.
  6. Multimedia, such as slide presentations, PowerPoint, YouTube videos, film, theatrical or television uses.
  7. Reproductions for personal use, not for resale or redistribution to others.
  8. Any other uses approved in writing by LookLagoon Inc. For inquiries, please contact us on our contact page

SECTION 4 – NON-PERMITTED USES OF CONTENT 

The licensee or purchaser may not:

  1. Reproduce the Content more than 500,000 times without purchasing an Extended License. If you’re unsure whether an Extended License is necessary, please contact us.
  2. Use the Content in a logo, trademark, service mark, or business name.
  3. Use the Content in such a manner that it violates any rights, including the photographer’s copyrights, or that violates any laws.
  4. Remove any copyright notice, trademark, identification number, or proprietary right from the Content file.
  5. Falsely represent or imply that the licensed Content was created by you or someone else other than the copyright holder of the Content.
  6. Sell, redistribute, sublicense, or transfer the Content to anyone else.
  7. Publicly display the Content on the internet in such a manner that allows others to extract or download the Content as a stand-alone file, without clearly wording that the image credit belongs to LookLagoon.com (see SECTION 6 – CREDIT AND ATTRIBUTION.) In addition, the image file may not be displayed on the internet at a size larger than two (2) MB, without modifying over 30% of the original Content file by cropping, adding text, or editing.
  8. Use the content on items for resale, such as t-shirts, mugs, artwork, etc.
  9. Post the Content on a server or device whereby other individuals may access it to download it.
  10. Use the Content for template designs, such as to produce website templates, ebook templates, etc. that are intended for distribution to more than one person.
  11. Use the Content for any illegal purpose or that in any way, in our sole discretion, implies condoning a crime, or illegal or immoral activities.
  12. Transfer or use the Content into any country where such Content is prohibited by law or restrictions.
  13. Use the Content that is in our sole discretion to be pornographic, lewd, defamatory, fraudulent, offensive, libelous, unflattering, immoral, or discriminatory.
  14. Use the Content in connection with sensitive subjects, such as sexual activity, birth control, incontinence, sexually transmitted diseases, dating agencies, adult entertainment, alcohol, drugs, diseases, physical or mental health issues, medication or herbal supplements, etc.
  15. Use the Content in such a manner that implies that the model endorses a product or service, without an accompanying, written statement that the person is a model and is used for illustrative purposes only.
  16. Use the Content for any products or services that in our sole discretion competes with our business, such as photographic products.
  17. Use the Content on a third party website or social media outlet that claims to acquire any rights to the Content. All rights, including copyrights, remain with the photographer and LookLagoon Inc. and may never be claimed by a third party.
  18. Store the Content and collect multiple images for later use – there is no stockpiling past twelve (12) months from the date of purchase.
  19. Use the Content for the first time after twelve (12) months from the date of purchase. If the Content is needed for initial use after twelve (12) months of storage, a new file must be purchased.

We reserve the right to cancel the license at any time for any violation of the Terms of Service. If your license is cancelled, you must destroy all digital and physical copies of the file immediately. 

View our Extended Licenses available for purchase. 

SECTION 5 – NUMBER OF USERS 

  1. This is a single-user license to be used only by the purchaser, or a single designated individual.
  2. The single-user may use it on one (1) computer at any given time. For example, you may access the purchased Content file from your personal desktop computer, or your laptop, or your mobile phone, or your tablet at any one time. However, if access is granted to more than one (1) computer in use at the same time, or to more than one (1) individual, an Extended License must be purchased.
  3. The purchaser may not store the Content on a server or computer with multiple web-based access for other individuals to use. If so, an Extended License must be purchased.
  4. The purchaser or single-user may not share login information with any other individual. If access is allowed to more than one individual, the appropriate Extended License must be purchased. LookLagoon Inc. reserves the right to monitor the purchaser’s account and implement any measure to prevent individuals from sharing personal login information.

SECTION 6 – CREDIT AND ATTRIBUTION 

Each time the Content is used, the file must be accompanied by a written attribution. The only exception is if the image is incorporated into a design with text, illustration, or other content. Please use one of the following credit lines:      

            Image credit: LookLagoon.com

or         Image credit: LookLagoon/(photographer’s name)          

Also, a direct hyperlink to our website is appreciated where possible: www.looklagoon.com

The unintentional breach of the credit attribution shall not be deemed as a breach of the Terms, provided that the purchaser corrects the omission when requested via email or other writing by LookLagoon Inc. 

SECTION 7 – ACCURACY, COMPLETENESS AND RELEASES 

We are not responsible if information made available on this website is not accurate, complete or current. The material on this site, including image and photo descriptions, sizing charts, blog posts, and articles, is provided for general information and your convenience only, and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate or complete sources of information, or without consulting legal counsel. LookLagoon Inc. makes no warranties and grants no rights with regard to any of the images, properties, businesses, models or people depicted in the Content. As the licensee, you are responsible for insuring that you have all necessary rights, consents, and permissions regarding any of the above that may be required for your use. You understand that you should seek competent legal counsel before using images or Content for commercial purposes or for any other use. You acknowledge that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes and other purposes without his or her consent. LookLagoon Inc. does not warrant the legality of the Content, the accuracy of its title, description, keyword or caption information, nor the legality or accuracy of any release information associated with the Content. All Model Releases and Property Releases in our possession are kept in our files confidentially and are never shared, in order to protect the rights and confidentiality of the model and/or property owner(s). You assume all responsibility and risk for the use of this website. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 8 - GENERAL CONDITIONS 

We reserve the right to refuse Service to anyone for any reason at any time, without notification. We reserve the right to remove any subscriber from our newsletter or mailing list for any reason at any time, without notification.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 9 - MODIFICATIONS TO THE SERVICE AND PRICES 

Prices for our products are subject to change without notice. All product prices are listed in USD (United States Dollars).

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 10 - PRODUCTS AND SERVICES 

Our products and services are available exclusively online through the website. These products or services are subject to our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear on our website. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

SECTION 11 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per company, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt, but are not obligated, to notify you by contacting the email address provided at the time the order was made. 

You agree to provide current, complete and accurate purchase and account information for all purchases made on our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

SECTION 12 – REFUND POLICY 

Please read our Refund Policy

SECTION 13 - OPTIONAL TOOLS 

We may provide you with access to third party tools over which we neither monitor, nor have any control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 14 – THIRD PARTY LINKS 

Certain content, products and services available via our Service may include materials from third parties.

Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party. 

SECTION 15 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If, at our request, you send certain specific submissions (for example contest entries), or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party. 

SECTION 16 - PERSONAL INFORMATION AND PRIVACY POLICY 

Your submission of personal information through our website is governed by our Privacy Policy

SECTION 17 - ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 18 - PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate, without notice to you, your use of the Service or any part thereof, or any related website, for violating any of the prohibited uses. 

SECTION 19 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY 

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall LookLagoon Inc., our directors, shareholders, officers, contributors, photographers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. 

LookLagoon Inc.’s total maximum aggregate obligation and liability to any purchaser or user for the use in whole or in part in any manner whatsoever of this website, Content, and purchases shall be limited to one hundred ($100) Canadian dollars. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the fullest extent permitted by law. All claims must be brought within twelve (12) months of the date of download, or date of discovery if no download occurred, or shall be waived. 

SECTION 20 – LEGAL FEES 

If LookLagoon Inc. is obligated to go to court to collect any damages from the breach of this agreement, to enforce any of its rights, or to collect any fees, you agree to reimburse LookLagoon Inc. for all of its legal costs, fees, and disbursements if LookLagoon Inc. is successful. 

SECTION 21 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless LookLagoon Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contributors, photographers, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal and attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party. 

SECTION 22 - SEVERABILITY 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 23 - TERMINATION 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease to use our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 24 - GOVERNING LAW 

These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada. Any dispute, controversy, or claim arising out of or related to this agreement, use of our website, Content, products or services or any matter whatsoever shall be settled before the courts governing Georgetown, Ontario, Canada, which shall be the only proper venue for any dispute, controversy, or claim arising hereunder, and each party hereby consents to the exclusive jurisdiction to such court to hear all disputes, controversies, and claims. All parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not govern this agreement and does not affect this agreement. All parties consent to service of process by registered mail or courier with proof of delivery. All parties agree that this agreement is written in the English language and that all communication will remain in the English language. 

Purchaser shall be responsible for any and all sales taxes, value added taxes, use taxes, and duties imposed by any jurisdiction. 

SECTION 25 - CHANGES TO TERMS OF SERVICE 

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 26 - ENTIRE AGREEMENT AND ACKNOWLEDGEMENT 

The failure of LookLagoon Inc. to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No action of LookLagoon Inc., other than express written and signed waiver by an officer of LookLagoon Inc., may be construed as a waiver of any provision of this agreement.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

You acknowledge that you have read this agreement, understand it, and had an opportunity to seek independent legal advice prior to agreeing to it. You agree to be bound to all of the Terms of Service. 

SECTION 27 - CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us on our contact page.

 

(last revised Oct 19, 2016)

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