OLookBook Inc, a Georgia limited liability company (sometimes herein “OLookBook,” “We” or "Us") offers services through the domain www.OLookBook.com (sometimes herein the "Site"). OLookBook provides a web application ("Software") that allows a user to maintain a social user account as well as the option of creating an online collection through which they can sell goods and services online. OLookBook also provides merchant services, including hosting of the online collection (store), site design, marketing services and other related services as may be offered from time to time (individually and collectively, "Services"). By using the Services offered through the Site, you ("User" or "You," or “Your” which collectively includes You and any other person or entity on whose behalf You may be acting) are accepting and agreeing to the terms of use ("Terms") set forth below which will constitute a binding agreement between You and OLookBook ("Agreement").

By using the Services of the Site, You are accepting and agreeing to the terms of the OLookBook Privacy Policy ("Privacy Agreement"), which You acknowledge You have read and fully understand. Also, if You sell goods or services through an online store on this Site, as described elsewhere, You must agree to the terms of the OLookBook Store Owner's Agreement (“Store Owner's Agreement"). Each Designer (store owner) will have their own online collection (“Storefront”) from which it will sell its goods and services. In the event You buy goods or services through a store on this Site, Your purchase of goods or services through such a store will constitute Your agreement to comply with the terms applicable to a buyer of goods or services ("Buyer’s Agreement"). By agreeing to be bound by the terms of this Agreement, You are acknowledging You have read and agree to be bound by the Store Owner's Agreement and/or the Buyer’s Agreement, as the case may be.

OLookBook is occasionally known to speak in the rare dialect known as "legalese," such as on this page. Please bear with Us as We do so.

You agree to comply with and be bound by the following Terms:

OLookBook serves as an online marketplace to allow qualifying users to offer, sell and purchaser goods and services for an agreed upon price. OLookBook has no involvement in the consummation of a contract between a seller and a buyer. Accordingly, OLookBook has no liability or responsibility for any matter arising out of the transaction between a seller and a buyer. You should be comfortable in all respects with a seller before You purchase goods from the Site.

You may use the Services and the Site and the content owned and provided by OLookBook (singularly and collectively, the "OLookBook Content") solely in connection with the intended purposes of the Site. No right, title or interest in any OLookBook Content is transferred to You. OLookBook retains all of its intellectual property rights in all OLookBook Content. Except as expressly authorized by this Agreement, or otherwise agreed to by OLookBook, You may not use, alter, copy, distribute, transmit, or otherwise appropriate any OLookBook Content obtained from the Site or the Service, except as expressly permitted by the Terms or as otherwise agreed to by OLookBook.

You agree to use the Site for lawful purposes only. You agree not to take any action that might affect the security of the Site, render the Site partially or wholly inaccessible to others or otherwise negatively alter or damage the Site or the OLookBook Content. You agree not to add to, subtract from, or otherwise modify the OLookBook Content, or to attempt to access any OLookBook Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
 

While using the Site You will not:

  1. Be false, misleading, inaccurate or include inaccurate, misleading or false information to a seller or on any Storefront/Designer Account which You maintain.

  2. Act in a fraudulent way or become involved in the sale of stolen or counterfeit items.

  3. Violate any local, state, federal or other applicable laws or the rights of third party parties.

  4. Access or use the Site if You are not able to enter into legally binding agreements, are under the age of 18, or are temporarily or indefinitely suspended from the Site.

  5. Fail to deliver payment for items purchased by You.

  6. Fail to deliver items purchased from You if You are a Seller.

  7. Infringe on another party’s right, title and interest in and to their intellectual property including copyrights and trademarks.

  8. Interfere with the sales of other online sellers in any way that injures, damages or negatively affects their use and enjoyment of the Site.

  9. Be libelous or defamatory with any information posted on the Site.

  10. Disseminate or display spam, chain letters or pyramid schemes.

  11. Contain or transmit code or employ other actions which may harm OLookBook, the Site, the OLookBook Content or the interests or property of OLookBook users.

  12. Copy, modify, or distribute content from the Site and/or OLookBook's copyrights and trademarks unless agreed to by OLookBook.

  13. Collect information about users, including email addresses, without their consent.

  14. Disseminate or display content or information that (a) is offensive or inflammatory, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individuals; (b) promotes illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protect devices, or (c) provides pirated content or links to pirated content files.

  15. Be obscene or post any information that contains pornography including child pornography.

  16. Violate the Seller's Agreement, as the case may be, if You are a seller.

  17. Use any automated means to access the Site for any purpose without the express written permission of OLookBook.

  18. Take any action that imposes or may impose an unreasonable or disproportionately large load on the Site or the ability to operate the Site as determined solely by OLookBook.


You are solely responsible for Your conduct while using the Site and for any and all information, store listings, advertisements, proposals, data, text, pictures, graphics, music, sights, sounds, depictions, images, photographs, audio, video and links (individually and collectively the “Third Party Content”) that You submit, post, and display on OLookBook. Further, as a Seller, You are solely responsible for each individual item of Third Party Content You display, link to or otherwise make available through the Site. You agree OLookBook has no control, and is not responsible for the Third Party Content appearing on the Site, and by using the Site or making purchases; You may encounter Third Party Content which You find is inaccurate, inappropriate, inflammatory or otherwise of concern to You.

OLookBook makes no representation or warranty of any kind concerning the truth or accuracy or any other aspect of any information posted on this website by a User or any other information appearing at websites which are linked to in any Third Party Content. As a Seller, You agree that You are solely responsible for all content, material and Third Party Content appearing in Your storefront/ designer Page or in any links appearing within Your storefront/ designer page. You agree that OLookBook does not pre-approve or review Third Party Content; however, OLookBook retains the right but not the obligation to deny, remove or alter any Third Party Content that appears on the Site, if in the sole discretion of OLookBook, such Third Party Content violates the Terms.

The Site and the OLookBook Content are protected by laws of the United States, and belongs solely to OLookBook. You may not use, change or amend in any way the Site or the OLookBook Content without the prior written approval of OLookBook. As a Seller, You are granted a revocable non-exclusive license as part of the Store Owner's Agreement, as the case may be, to utilize references to OLookBook and its logo in connection with linking to Your Storefront/ Designer page on the Site from other web pages.

OLookBook does not claim ownership rights in Your First Party and Third Party Content. When You post or display First Party and Third Party Content on the Site, You grant to OLookBook a license to use and display the Third Party Content on the Site. You grant OLookBook a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights (but no other rights) You have in the Third Party Content/ Designers content displayed, in any media now known or not currently known, with respect to Your Third Party Content/ Designer content. In the event a third party re-posts Your Third Party Content/ Designer content, You agreed to hold OLookBook harmless from any liability arising out of a dispute concerning the reposting of Your Third Party Content/ Designer content.

Store Owner's Agreement

OLookBook Inc, a Georgia limited liability company (sometimes herein “OLookBook,” “We”, “Us” or “Our”), offers services through the domain www.OLookBook.com (sometimes herein the “Site”). By registering an online store with OLookBook, you (“Store Owner,” “You” or “Your,” which collectively includes You and any other entity you may be representing) agree to abide by the Terms of Use (”Terms") outlined below. OLookBook reserves the right to edit these Terms at any time, so We recommend checking back from time to time for any changes that might apply to You. Your registration with OLookBook as a Store Owner constitutes a binding agreement between You and OLookBook (“Store Owner’s Agreement").

OLookBook provides a web application (“Software”) that allows Store Owners/ Fashion Designers to create online stores through which they can sell goods and services online. OLookBook also provides merchant services, including hosting of the online store, access to site design templates, marketing services and other related services as may be offered from time to time (individually and collectively, “Services”).

OLookBook is occasionally known to speak in the rare dialect known as “legalese,” such as on this page. Please bear with Us as We do so.
OLookBook works hard to keep the Site operating for the benefit of its users. However, in the event of a problem, please contact Us at info@olookbook.com.

OLOOKBOOKON BEHALF OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, MAKES NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES, THE OLOOKBOOKCONTENT, THIRD PARTY CONTENT, DESIGNER CONTENT, OR ANY OTHER CONTENT. OLOOKBOOK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, THE OLOOKBOOK CONTENT, THIRD PARTY CONTENT, DESIGNER CONTENT, AND ANY OTHER CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM OR ON THE SITE. OLOOKBOOK DOES NOT WARRANT: THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED; OR -THE ACCURACY OR COMPLETENESS OF THE OLOOKBOOK CONTENT, THIRD PARTY CONTENT, DESIGNER CONTENT, OR ANY OTHER CONTENT; OR THAT ANY ERRORS IN THE OLOOKBOOK CONTENT, THIRD PARTY, DESIGNER, DATE OR OTHER CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES, AND THE OLOOKBOOK CONTENT AND OTHER CONTENT ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

IN NO EVENT WILL OLOOKBOOK OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF (I) YOUR CONDUCT OR ANYONE ELSE IN CONNECTION WITH USE OF THE SITE, THE SERVICES OR THIS AGREEMENT (II) INABILITY TO USE THE SITE, THE SERVICES, THE OLOOKBOOK CONTENT OR ANY OTHER CONTENT, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICES, THE OLOOKBOOK CONTENT AND/OR ANY OTHER CONTENT, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION, STOREFRONT/ Designer page OR DATA, OR (VI) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICES, OLOOKBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, STORENVY CONTENT OR ANY OTHER CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES OLOOKBOOK’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

IF YOU HAVE A DISPUTE WITH ONE OR MORE BUYERS, YOU RELEASE US (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS,) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

YOU AGREE TO INDEMNIFY AND HOLD OLOOKBOOK (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS), HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY OR MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF GOODS OR SERVICES OFFERED FOR SALE OR ACTUALLY PURCHASED OR THE THIRD PARTY CONTENT OR OTHER CONTENT YOU SUBMIT, POST OR MAKE AVAILABLE THROUGH OR ON A STOREFRONT AND (B) YOUR USE, MISUSE, OR INABILITY TO USE THE SITE, THE SERVICES, OR THE OLOOKBOOK CONTENT OR ANY VIOLATION BY YOU OF THIS AGREEMENT.

YOU HEREBY FURTHER RELEASE STORENVY (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) FOR ALL ACTIONS OR INACTIONS OF OTHER USERS, INCLUDING GOODS AND SERVICES ADVERTISED OR SOLD. YOU AGREE THE SITE IS DESIGNED TO PERMIT PARTIES TO ENTER INTO TRANSACTIONS FOR ALL KINDS OF GOODS AND SERVICES AND OTHER ACTIVITIES. OLOOKBOOK HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF THE GOODS OR SERVICES ADVERTISED, THE TRUTH OR ACCURACY OF THE INFORMATION SET FORTH IN THE STOREFRONTS, THE ABILITY OF SELLERS TO SELL ITEMS, THE ABILITY OF BUYERS TO PAY FOR ITEMS, OR THAT A BUYER OR SELLER WILL ACTUALLY COMPLETE A TRANSACTION.

If a dispute arises between You and OLOOKBOOK, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings,You must first contact Us directly and work with Us to resolve a dispute. If a dispute cannot be resolved by You and We, You will have the option to pursue a claim (a "Claim") against OLOOKBOOK in accordance with one of the options provided below or as We and You otherwise agree in writing.

This Agreement shall be governed in all respects by the laws of the State of Georgia as they apply to agreements entered into and to be performed entirely within Georgia between Georgia residents, without regard to conflict of law provisions.

Option One - For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $20,000, the party requesting relief may elect to handle the Claim in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties in the greater Atlanta, Georgia  area. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) the arbitrator’s decision shall be final and not appealable to any court or any other tribunal or arbitrator(s), and shall be entered and enforceable as a judgment in a court of competent jurisdiction in Atlanta, Georgia.

Option Two - For any other Claim other than a Claim which qualifies and is opted for by a party under option one above, such Claim may be submitted by either You or Us for arbitration to the Atlanta, Georgia office of the American Arbitration Association. Such arbitration proceedings will be conducted in Atlanta, Georgia and will be heard by one arbitrator in accordance with the then current commercial arbitrations rules of the American Arbitration Association. Such arbitrator will be a lawyer of recognized standing and expertise in the area of commercial transactions.

OLOOKBOOK retains the right to limit, suspend, or terminate Services for any user, prohibit access to the Site and take other actions deemed appropriate by OLOOKBOOK to keep users off the Site if We conclude a user is in violation of the Terms or other agreement with OLookBook.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services and the Site and Your listing, sale, acquisition, advertising of offers to sell and purchase goods and services.

You and OLookBook are independent of one another and consequently, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

These Terms are effective September 1, 2018, for current users, and upon use of the Site by a new user. We reserve the right to modify or terminate the Services for any reason, without notice, at any time. We reserve the right to alter or amend these Terms or other Site policies at any time. Any notices of termination or modification to the Services or the Terms will take effect when set forth on the Site. When using particular Services on the Site, You are subject to any unique posted policies or rules applicable to specific Services You use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement. This Agreement as supplemented by such other additional agreements for specific Services, sets forth the entire understanding and agreement between Us with respect to the subject matter hereof.

Any responsibilities or obligations of a User which accrue or arise during the term of this Agreement shall survive the termination of this Agreement until fully satisfied by You.

 

Buyer's Agreement

OLookBook Inc., a Georgia limited liability company (sometimes herein “OLookBook,” "We" or "Us") offers services through the domain www.OLookBook.com (sometimes herein the "Site"). You, as a buyer, may purchase goods and services from store owners (“Store Owners”) on the Site who have an online storefront (“Storefront”). The following provisions set forth the policies applicable to any purchase(s) You make on or from the Site. By using the services and features (the "Services") offered through the Site, you ("User" or "You," or “Your” which collectively includes you and any other person or entity on whose behalf you may be acting) are accepting and agreeing to the terms ("Terms") set forth below ("Buyer’s Agreement"), which will constitute a binding agreement between You and OLookBook.

By using the Services of the Site, You are accepting and agreeing to the OLookBook Terms of Use (“User Agreement”) and the terms of the OLookBook Privacy Policy  ("Privacy Agreement"), which you acknowledge you have fully read and understand.

You may use our Services, the Site, and any content contained thereon only if used for the intended purposes of the Site.

You agree You will not hold OLookBook or any party affiliated with OLookBook liable for any action, or inaction of any user of the Site or with respect to goods or services they might sell from a Storefront. OLookBook is a marketplace that permits users to offer, sell and buy products and services. OLookBook is not directly involved in the transaction between a Store Owner and a buyer. As a result OLookBook has no control over the ownership, quality, safety, morality, pricing, content or legality of any aspect of the products or services being sold. OLookBook does not pre-screen Store Owner’s, goods, services or the content or information provided by Store Owners. OLookBook cannot ensure that a buyer or Store Owner will actually complete a transaction.

You agree to indemnify and hold OLookBook, its members, directors, officers, employees, service providers, suppliers and agents, harmless from any claim or demand, including attorney fees and court costs, made by any third party due to or arising out of the information you submit, post or make available through the Site or your use of the Site.

YOU AGREE UNDER NO CIRCUMSTANCES SHALL OLOOKBOOK BE LIABLE FOR DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL , EXEMPLARY OR OTHER DAMAGES (EVEN IF OLOOKBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICES, FROM INABILITY TO USE THE SITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY.

OLookBook has no liability whatsoever for the amounts charged by Store Owners in shipping goods and services to buyers. The amount of shipping and administrative charges charged by a Store Owner is purely a personal matter between a Store Owner and a buyer.

THE SITE IS PROVIDED ON AN "AS IS", “WHERE IS”, "AS AVAILABLE" AND “WITH ALL FAULTS” BASIS.  OLOOKBOOK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OLOOKBOOK ON BEHALF OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OLOOKBOOK DOES NOT WARRANT THIS SITE OR ARE FREE OF VIRUSES OR OTHER HARMFUL MATTER. OLOOKBOOK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

OLookBook works hard to keep the Site operating for the benefit of its users. However, in the event of a problem, please contact us at olookbook@gmail.com.

These Terms are effective January 1, 2015, for current Users, and upon use of the Site by a new User. We reserve the right to modify or terminate the Services for any reason, without notice, at any time. We reserve the right to alter or amend these Terms or other Site policies at any time. Any notices of termination or modification to the Services or the Terms will take effect when set forth on the Site. When using particular Services on the Site, you are subject to any unique posted policies or rules applicable to specific Services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement. This Agreement as supplemented by such other additional agreements for specific Services, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Any responsibilities or obligations of a User which accrue or arise during the term of this Agreement shall survive the termination of this Agreement until fully satisfied by You.