PLEASE READ THESE TERMS FULLY AND CAREFULLY BEFORE USING THE SERVICES, REGISTERING FOR THE SERVICES, AND/OR DOWNLOADING THE APPLICATIONS. THE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES. THE TERMS ARE SUBJECT TO CHANGE BY US AT ANY TIME. HOWEVER, IF WE MAKE ANY CHANGES TO THESE TERMS, WE WILL GIVE NOTICE TO YOU BY SENDING A MESSAGE TO YOU AT THE E-MAIL ADDRESS YOU PROVIDED TO US UPON REGISTRATION, OR POSTING SUCH NOTICE ON THE SITES, OR THROUGH OTHER APPROPRIATE MEANS.
YOUR RIGHT TO USE THE SERVICES IS EXPRESSLY CONDITIONED ON ACCEPTANCE OF THESE TERMS. BY REGISTERING FOR THE SERVICES AND/OR USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU ARE ACCESSING THE SERVICES ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO AGREE TO THESE TERMS ON ITS BEHALF. IF YOU DO NOT AGREE WITH ANY PROVISION OF THESE TERMS, OR YOU DO NOT HAVE AUTHORITY TO BIND YOUR EMPLOYER, YOU MAY NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.
- Acceptance of Terms.
- By registering for and/or using the Services in any manner, you agree to these Terms and all other rules, policies, and procedures that may be published from time to time on the Sites by us, each of which is incorporated by reference.
- Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms by reference.
- These Terms apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
- Eligibility. You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale, or provision of the Services conflicts with any applicable law, rule, or regulation. Furthermore, the Services are offered only for your use, and not for the use or benefit of any third party.
- Registration. To sign up for the Services, you must register for a user account through the Sites (your “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) create or use as a username a name of another person with the intent to impersonate that person; (ii) create or use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) create or use as a username a name that is otherwise offensive, vulgar, or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without such person’s permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security, or unauthorized use of your Account. You should never publish, distribute, or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
- Definition. For purposes of these Terms, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Sites. “Content” also includes all User Content (as defined below).
- User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Sites by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. You acknowledge that all Content, including User Content, accessed by you is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
- Notices and Restrictions. The Sites may contain Content specifically provided by us, our partners, or our users, and such Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and intellectual property laws. You shall abide by all applicable laws and all legal notices, information, and restrictions pertaining to any Content accessed through the Sites.
- Use License. Except as expressly provided in these Terms, no part of the Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent. Subject to these Terms, we grant each user of the Services and Sites a personal, non-exclusive, and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates our or any third party right.
- License Grant. By submitting User Content through the Sites, you grant us a limited, non-exclusive license to use, modify, adapt, reproduce, distribute, and display your User Content to the extent necessary to provide the Services. You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
- Availability of Content. We do not guarantee that any Content will be made available on the Sites or through the Services. We reserve the right to, but do not have any obligation to, remove, block, edit, or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all.
- DMCA Policy. The Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of these Terms. If you believe that material or content residing on or accessible through the Sites infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Rules of Conduct.
- As a condition of use, you promise not to use the Sites and/or Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Sites and/or Services.
- You shall not (and shall not permit any third party to) upload, download, post, submit, or otherwise distribute or facilitate distribution of any Content on or through the Sites, including without limitation any User Content, or take any other action, that:
- infringes any patent, trademark, trade secret, copyright, privacy right, or other right of any other person or entity, or violates any other law or contractual duty;
- you know is false, misleading, untruthful or inaccurate; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- impersonates any person or entity, including any of our employees or representatives; or
- includes anyone’s identification documents, sensitive financial information, or other confidential and personal information.
- You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure (or that of any third party provider); (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Sites; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Sites and/or Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Sites; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of these Terms or any of our guidelines and policies.
- You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Sites, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Sites, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
- You shall abide by all applicable local, state, national and international laws and regulations, including but not limited to those pertaining to consumer fraud and credit/debit card usage.
- You shall not commit any fraudulent acts through your use of the Site and/or Services. You must have all necessary and proper authorization to use any credit or debit card, or any mobile or computing device, in connection with using the Site and/or Services.
- We shall not use your credit or debit card, or other payment information, except as expressly authorized under these Terms.
- We reserve the right to access, read, preserve, and disclose any information reasonably necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users, and the public.
- Third Party Services. The Sites may permit you to link to other websites, services or resources on the Internet (“Third-Party Sites”), and other websites, services or resources may contain links to the Sites. When you access Third-Party Sites, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of Third-Party Sites. The inclusion of any link to Third-Party Sites does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through Third-Party Sites.
- Apple Device and Application Terms. If you are accessing the Services via a mobile application on a device provided by Apple, Inc. (“Apple”) or a mobile application obtained through the Mac App Store or Apple App Store (collectively, “Apple App”), the following shall apply:
- Both you and the Company acknowledge that these Apple Device and Application Terms are concluded between you and the Company only, and not with Apple, and that Apple is not responsible for the Apple App or its Content;
- The Apple App is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Sites and Services;
- You will only use the Apple App in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App;
- In the event of any failure of the Apple App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Apple App;
- You acknowledge and agree that the Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Apple App;
- You acknowledge and agree that, in the event of any third party claim that the Apple App or your possession and use of the Apple App infringes that third party’s intellectual property rights, the Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and the Company acknowledge and agree that, in your use of the Apple App, you will comply with any applicable third party terms of agreement, including those of Apple, which may affect or be affected by such use; and
- Both you and the Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
- Payment Terms for the Client.
- Purchases. When a purchaser (the “Client”) is ready to make a purchase through use of the Services, the Client will submit an order through the Site. The Luxury Specialist will confirm availability of the item(s), and we will provide a total cost quote consisting of (1) the purchase cost of the item, (2) shipping charges, and (3) our 10% service fee. To accept the transaction, the Client must authorize us to charge the Client’s Payment Method (as defined below). Payment is made directly to us through the Payment Processor (as defined below). The Client acknowledges and agrees that the Client’s purchases through the Sites are transactions between the Client and the Retail Store, and not with us or any of our affiliates. We are not a party to the Client’s payment transaction for such purchases and we are not a buyer or a seller in connection with such transactions.
- Payment Method. The terms of the Client’s payment will be based on the Client’s Payment Method and may be determined by agreements between the Client and the financial institution, credit card issuer or other provider of the Client’s chosen Payment Method. If we, through the Payment Processor, do not receive payment from the Client, the Client agrees to pay all amounts due on the Client’s Billing Account upon demand.
- Current Information Required. The Client must provide current, complete, and accurate information for the Client’s Billing Account. The Client must promptly update all information (including, for example, billing address, credit card number, or credit card expiration date) to keep the Client’s Billing Account current, complete, and accurate. The Client must promptly notify us or our Payment Processor if the Client’s Payment Method is cancelled (e.g., for loss or theft) or if the Client become aware of a potential breach of security, such as the unauthorized disclosure or use of the Client’s user name or password.
- Refunds of purchased items. The Client shall be able to return any items purchased through the Services in accordance with the applicable Retail Store’s return/refund policy. In order to exchange a purchased item, the Client must return the original item for a refund and then purchase the item again through the Services. Once the Retail Store has processed the Client’s return, we will refund the Client by crediting the Client’s Payment Method, provided that the return is in compliance with our return policy. The Client acknowledges that refunds may take additional time to process, depending on the Client’s Payment Method. Refunds may exclude shipping costs.
- Termination. We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your registration. If you wish to terminate your Account, you may do so by emailing email@example.com. Any fees paid hereunder are non-refundable. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Warranty Disclaimer.
- We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
- which users gain access to the Services;
- what Content you access via the Services; or
- how you may interpret or use the Content.
- We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
- You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
- THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
- Entire Agreement and Severability. These Terms, including all terms, conditions, rules, policies, and procedures incorporated by reference into these Terms, are the entire agreement between you and us with respect to the Services, including use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
- Assignment. These Terms are personal to you, and are not assignable, transferable or sublicensable by you, except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
- Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
- Notices. Unless otherwise specified, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org.
- No Waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
- Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
Contact. You may contact us at the following address:
The Luxe Link, LLC
535 Fifth Avenue, 4th Floor
New York, New York 10017
Effective Date: 4/17/2016