Updated: February 26, 2019
1. Your Personal Use of Lookster
By using Lookster's search engine or other "Lookster Services", you agree to be bound by the following terms and conditions (the "Terms of Service"). As used in this agreement, "Lookster Services" does not include the Lookster Advertising Programs.
2. Content Linked to by Lookster
The sites displayed as search results or linked to by Lookster Services are developed by people over whom Lookster exercises no control. The search results that appear from Lookster's indices are indexed by Lookster's automated machinery and computers, and Lookster cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. A search using Lookster Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Lookster search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the Lookster Services.
3. Personal Use Only
The Lookster Services are made available for your personal, non-commercial use only. You may not use the Lookster Services to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from a Lookster search and reformat and display them, or mirror the Lookster home page or results pages on your Web site. You may not "meta-search" Lookster. If you want to make commercial use of the Lookster Services, you must enter into an agreement with Lookster to do so in advance.
4. No Automated Querying
You may not send automated queries of any sort to Lookster's system without express permission in advance from Lookster. Note that "sending automated queries" includes, among other things:
- using any software which sends queries to Lookster to determine how a website or webpage "ranks" on Lookster for various queries;
- "meta-searching" Lookster; and
- performing "offline" searches on Lookster .
6. Changes In Terms and Conditions and Lookster Services
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
7. Intellectual Property Policy
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
8. Copyright/Trademark Notice
All materials published or otherwise accessible through Lookster.com (the "Service"), including, but not limited to, news articles, text, images, illustrations, audio clips, video clips, software and other materials (the "Content") are protected by copyright, and are owned or controlled by Lookster, and any others which may own copyright or the party credited as the provider of the Content. You may not distribute any text or graphics herein to others without the express written permission of Lookster, "mirror" this information on your own server without permission from Lookster, or modify or re-use in any way the text or graphics on this website. All visitors shall abide by all additional copyright notices, information and restrictions contained in any Content accessed through the Service.
The Service is protected by copyright as a collective work and/or compilation, pursuant to United Kingdom copyright laws, international conventions, and other copyright laws. Any reproduction, modification, publication, transmission, transfer, sale, distribution, performance, display or exploitation of any of the Content or Service, whether in whole or in part, without the express written permission of Lookster is prohibited.
9. Disclaimer of Warranties
Lookster disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the LOOKSTER SERVICES results. Lookster disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Lookster disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the LOOKSTER SERVICES.
THE LOOKSTER SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE LOOKSTER SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. LOOKSTER AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. LOOKSTER AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE LOOKSTER SERVICES. LOOKSTER AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE LOOKSTER SERVICES. LOOKSTER AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LOOKSTER SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE LOOKSTER SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE LOOKSTER SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE LOOKSTER SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL LOOKSTER OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE LOOKSTER SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF LOOKSTER OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE LOOKSTER SERVICES, FROM INABILITY TO USE THE LOOKSTER SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE LOOKSTER SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LOOKSTER SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE LOOKSTER SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE LOOKSTER SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE LOOKSTER SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE LOOKSTER SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE LOOKSTER SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Lookster or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
11. Requests for Removal of Links or Cached Materials
Lookster occasionally receives requests from people to remove links from its indices. Although Lookster reserves the right to address such requests individually, the general approach that Lookster takes reflects the following principles:
Lookster's indices consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, Lookster cannot and does not screen anything made available through its indices. For each web site reflected in Lookster's indices, if either (i) a site owner restricts access to his or her web site or (ii) a site is taken down from the Web, then, upon receipt of a request by the site owner or a third party in the second instance, Lookster would consider on a case-by-case basis requests to remove the link to that site from its indices. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the indices are likely to find that site and index it again in a relatively short amount of time.
Lookster stores many web pages in its cache to retrieve for users as a back-up in case the page's server temporarily fails. Site owners may block Lookster from returning cached versions of their pages by using the NOARCHIVE meta-tag. Site owners may also request immediate removal of cached page from the Lookster Search Service. Lookster evaluates such requests for the immediate removal of cached content on a case-by-case basis and does not guarantee that every request will be granted.
12. Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Lookster.