Terms of Service

Thank you for visiting Phlook LLP’s (“Phlook”) Terms of Service Agreement. This is a binding agreement between you and Phlook regarding your use of the services provided to you via Phlook’s website (http://www.phlook.com; domains and all sub-domains included – collectively termed “Website”). You should understand, accept and agree to be bound by this Agreement before you continue to access and use this Website. If you do not agree, you should discontinue accessing or using this Website immediately. Headings of this Agreement are for reference purposes only and by no means should represent or describe the full scope of the respective sections.

1. Age and Other Requirements

1.1 Services provided by this Website are available only to individuals who have the capacity to enter legally binding contracts under applicable laws and are above 21 years old. If you do not qualify, please do not continue accessing or using this Website.

2. Grant of Rights to Phlook

2.1. If you exercise your discretion to do so in respect of any service or facility provided on the Website, posting, uploading or transmitting in any way (“submit” or “submission”) your content to Phlook does not affect your rights to your submitted content unless otherwise expressly stated in accordance with any other terms and conditions found on this Website that may be expressed to govern such submission, including the Members’ Agreement.

2.2. Upon submission of your content, you grant Phlook a perpetual, non-exclusive, irrevocable, royalty-free and worldwide license to use, replicate, reproduce, produce derivative works of, distribute, publish, sublicense and process your content, in whole or in part, for this Website, including, but not limited to, displaying your content or altering the dimensions to suit the display on this Website, and incorporation into other media format.

2.3. You also grant users of this Website the non-exclusive rights to view and link your content in the manner permitted under this Agreement.

3. Rights and Prohibitions

3.1. You may access, view and use all content and services made available to you by Phlook on this Website.

3.2. The information that you submit to Phlook must not be false, inaccurate or misleading.

3.3. Phlook may display resolution-reduced or watermarked versions of the “Pics” (photographic, graphic and other media content) submitted by Phlook’s members to this Website. Phlook grants you a non-exclusive, non-sellable, non-sublicensable, non-transferable and non-assignable right to apply these resolution-reduced and watermarked Pics for your personal, non-commercial or sample use for up to ninety (90) days. These Pics may not be used in any final product distributed within your organization, out of your organization or to the public. These Pics should remain on one computer and may not be made available on mediums that will allow them to be downloadable, extractable or obtainable by other people.

3.4. Phlook allows you to embed Pics submitted by Phlook’s members. You agree that you will only embed the Pics on your personal, non-commercial website(s) which do not use the embedded Pics as a primary means of obtaining advertising revenue or as a material part of its design. You also agree that Phlook may at its sole discretion, without giving any reason to you, disallow you from embedding any Pics on any website.

3.5. You may not submit content that infringes a third party’s copyright, trademark, patent, trade secret, proprietary rights, privacy or any other intellectual property, personal or proprietary rights. By submitting your content to Phlook, you certify that you own all proprietary rights to the content.

3.6. You may not submit content that is unlawful, obscene, harmful, threatening, harassing, defamatory, pornographic, abusive, violent, hateful or racially, politically, religiously or socially sensitive.

3.7. You may not submit content that contains computer viruses or any other software codes or programs that test, interfere, access without permission, disrupt the use and functioning of this Website or compromise this Website’s security.

3.8. Your action may not unreasonably or disproportionately load this Website.

3.9. You may not misrepresent yourself or impersonate another person.

3.10. You may not compile, obtain, store or use other users’ data or information in any way without their consent.

3.11. You may not re-sell any services provided on this Website, in whole or in part.

4. Membership

4.1. A user who has registered an account with Phlook will become a “Member”.

4.2. Members can submit their Pics to share with other people.

4.3. In order to access your account, your need your email address or username, and password. You assume sole responsibility for all actions taken using your email address, username and password.

4.4. Each user is entitled to one free account.

4.5. If it has come to Phlook’s attention that you have breached any part of this Agreement, Phlook reserves the right and the sole discretion to terminate your account.

5. Limited Warranty and Disclaimer

5.1. PHLOOK PROVIDES THIS WEBSITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, OR THE LEGALITY, VALIDITY OR ACCURACY OF INFORMATION RELATED TO OR DISPLAYED IN THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, KEYWORDS TAGGED TO THE PICS, DESCRIPTION OF THE PICS, NAME AND PROFILE OF A MEMBER, RELEASES (IF APPLICABLE) FOR THE PICS, AUTHENTICITY OF WORKS OF ART, OR ANY FORM OF INTELLECTUAL PROPERTY DISPLAYED IN THE WEBSITE.

5.2. PHLOOK DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A GENERAL OR PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, SATISFACTORY QUALITY, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY THE LAW.

5.3. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

5.4. PHLOOK DOES NOT WARRANT THAT THE USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME THE ENTIRE RISK AND COST OF USING THIS WEBSITE AND ITS CONTENT.

5.5. PHLOOK IS NOT RESPONSIBLE FOR, AND DOES NOT WARRANT, REPRESENT OR ENDORSE ANY OTHER WEBSITES, PRODUCTS OR SERVICES DISPLAYED OR ADVERTISED BY A THIRD PARTY ON PHLOOK’S WEBSITE VIA HYPERLINK, BANNER, OR ANY OTHER FORMS OF ADVERTISEMENT. YOU HAVE TO ASSUME ALL RISKS AND THE SOLE RESPONSIBILITY TO EXERCISE YOUR JUDGEMENT WHEN USING OR PERFORMING ANY KIND OF TRANSACTION WITH THE THIRD PARTY PROVIDERS OF THE WEBSITES, PRODUCTS OR SERVICES.

6. Limitation of Liability

6.1 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PHLOOK OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AGENTS OR LICENSEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR LOSSES OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) RELATING TO OR AS A RESULT OF YOUR USE OF THIS WEBSITE, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, PHLOOK’S WEBSITE OR PHLOOK’S SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER PHLOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF PHLOOK TO YOU SHALL BE LIMITED TO THE FEE YOU HAVE PAID TO PHLOOK, BUT IN ANY EVENT WILL NOT EXCEED ONE HUNDRED ($100.00) SINGAPORE DOLLARS.

6.2. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF PHLOOK OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AGENTS OR LICENSEES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW

6.3. YOU AGREE THAT YOUR USE OF THIS WEBSITE WILL BE SOLELY AT YOUR OWN RISK.

7. Indemnification

7.1. You agree to indemnify and hold harmless Phlook or any of its directors, officers, employees, shareholders, partners, agents or licensees from all claims (including, but not limited to, claims from third parties), liability, losses, damages, costs and expenses (including reasonable legal fees) due to or in connection with the breach of any part of this Agreement, or the use or inability to use this Website by you or any of your employees, contractors, employers, agents, clients, or any one authorized to act on your behalf.

8. Governing Law and Jurisdiction

8.1. This Agreement shall be governed in all respect by the laws of the Republic of Singapore without reference to its conflicts of law principles. All disputes arising out of or in connection with this Agreement shall be heard and settled exclusively before the courts of the Republic of Singapore. The failure or delay of Phlook to act on or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

8.2. If a court should find that one or more rights or provisions in this Agreement are invalid, the remainder of the Agreement will be enforceable.

9. Modification of Agreement

9.1. Phlook reserves the right to modify or revise this Agreement from time to time. For any changes, Phlook will post a notice of change prominently on this Website, and thereafter the changes will become effective, with the effective date displayed within this Agreement.

9.2. Your continued access or use of this Website after the notice of change is posted will constitute your acceptance to the revised or modified Terms of Service Agreement.

9.3. You should check this Website regularly to keep yourself updated.

10. Cancellation or Termination

10.1. Phlook can, without any liability or obligation to You, terminate this Agreement any time in the event You breach any provisions stated in this Agreement.

10.2. Phlook reserves the right to remove the Pics posted or submitted by you at any time if, under the sole discretion of Phlook, there is a breach of any provisions stated in this Agreement.

10.3. You can close your membership account anytime. Please read the Privacy Policy stated in Section 12 on how Phlook handles the data of a closed account.

11. No Assignment

11.1. This is an Agreement between You and Phlook. You may not assign or transfer this Agreement or grant rights any other party without Phlook’s prior written consent.

11.2. This Agreement may be assigned or transferred by Phlook to any other party without restriction.

11.3. This Agreement does not create any partnership, employer-employee relationship, or a joint venture between You and Phlook.

12. References

12.1. Your privacy is very important to Phlook. Please read Phlook’s Privacy Policy (http://www.phlook.com/privacy.aspx).

12.2. In event that there is any inconsistency between this Terms of Service Agreement and the references, the terms of this Agreement shall govern.

13. Contact

13.1. If you have further doubts or concerns with regard to this Agreement, please email your questions to Phlook at info@phlook.com.