As a condition of your right to use and contribute to the Site, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Site and accessing the Content under the laws of the United States or your country.
JUSTLUXE shall have the right at any time to change or discontinue any aspect or feature of LuxeLounge, including, but not limited to, content, hours of availability, and equipment needed for access or use.
"Account" has the definition above.
"LuxeLounge" or "LuxeLounge's Web pages" mean, collectively, LuxeLounge and its affiliate Web sites, present and any future sites, including but not limited to: http://www.justluxe.com/community/ and any and all digital services relating to LuxeLounge operated by JUSTLUXE.
"You" means the user or visitor to LuxeLounge.
You represent and warrant to JUSTLUXE that you have the full legal right, power and authority to grant to JUSTLUXE the license provided for herein, that you own or control the complete exhibition and other rights to the materials you submitted for the purposes contemplated in this license and that neither the materials nor the exercise of the rights granted herein shall infringe upon or violate the right of privacy or right of publicity of, or constitute a libel or slander against, or violate any common law or any other right of, any person or entity.
Users are solely responsible for anything contained in their submissions, message board and/or chat sessions. JUSTLUXE does not verify, endorse or otherwise vouch for the contents of any submission, message board or chat room. Users may be held legally liable for the contents of their submissions, message board and chat sessions, and may be held legally liable if their submissions or chat sessions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments.
Web site user submissions to LuxeLounge do not represent the views of LuxeLounge, JUSTLUXE, or any individual associated with LuxeLounge or JUSTLUXE, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, JUSTLUXE's endorsement of user submissions. JUSTLUXE does not vouch for the accuracy or credibility of any content submitted by users on our LuxeLounge Web pages, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published content on LuxeLounge. Through your use of LuxeLounge, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using LuxeLounge, you assume all associated risks.
JustLuxe.com reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any Content that is posted on the Site. You agree that the exercise by JustLuxe.com of such discretion shall not convert or transform User Content to Content owned or provided by JustLuxe.com.
6. Copyrighted Material
(A) LuxeLounge contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of LuxeLounge are protected by United States copyright laws as a collective work and otherwise. JUSTLUXE owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, license, participate in the transfer, licensing or sale, create derivative works, or in any way exploit any of the content, copyrights, trademarks, or other property interests therein, in whole or in part. When authorized by JUSTLUXE, you may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, licensing, publication or commercial exploitation of downloaded material will be permitted without the express written permission of JUSTLUXE and the copyright owner, or owner of any other legal interests therein. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademarks legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. For further information on U.S. copyright law, you may wish to visit the Web site of the U.S. Copyright Office at: http://lcweb.loc.gov/copyright/.
(B) JUSTLUXE may, from time to time, be a distributor (and not a publisher) of content supplied by third parties other than users of LuxeLounge. Accordingly, JUSTLUXE has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, you or any other user of LuxeLounge, are those of the respective author(s) or distributor(s) and not of LuxeLounge or JUSTLUXE. Neither JUSTLUXE nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. JUSTLUXE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on LuxeLounge by anyone other than authorized JUSTLUXE employees acting in their official capacities. Under no circumstances shall JUSTLUXE be liable for any loss or damage caused by your reliance on information, opinion, advice or other content available through LuxeLounge.
(C) JUSTLUXE respects the copyrights of others and expects its users to do the same. By uploading, posting or otherwise making available content on LuxeLounge, you represent that you own or otherwise have the intellectual property rights to submit such materials. You shall not upload, post or otherwise make available on LuxeLounge any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of LuxeLounge, you automatically grant, or warrant that the owner of such material has expressly granted JUSTLUXE the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright and any other proprietary rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that individual's personal use on LuxeLounge. You hereby grant JUSTLUXE the right to edit, copy, publish and distribute any such material made available on LuxeLounge by you.
(D) If you believe you have a claim of copyright infringement with respect to material that is posted on LuxeLounge's Web pages, you may give JUSTLUXE written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 as explained below.
7. Conduct on LuxeLounge
JustLuxe is controlled, operated and administered by LuxeMont, LLC from its offices within the United States. LuxeMont makes no representation that materials or Content available through JustLuxe are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use JustLuxe or export the Content in violation of U.S. export laws and regulations. If you access JustLuxe from a location outside the United States, you are responsible for compliance with all applicable laws.
(A) If you submit any materials or participate in any online forum or any other forum or similar service within or in connection with LuxeLounge, you agree to abide by the following rules of conduct:
Any conduct that in JUSTLUXE's sole discretion restricts or inhibits anyone else from using or enjoying LuxeLounge will not be permitted. JUSTLUXE reserves the right in its sole discretion to remove or edit messages or material submitted by you and to terminate your account for any reason. JUSTLUXE is not responsible for material submitted to LuxeLounge or posted in chat rooms, on bulletin boards or on other forums by users of LuxeLounge.
- You agree not to post or transmit through LuxeLounge any material that violates or infringes in any way upon the rights of others, including any statements which may defame, abuse, harass, stalk or threaten others;
- You agree not to post or transmit through LuxeLounge any material that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity;
- You agree not to post or transmit through LuxeLounge any material that contains or advocates pornography, pedophilia, incest or bestiality;
- You agree not to post or transmit through LuxeLounge any statements that advocate or provide instruction on illegal activity or discuss illegal activities with the intent to commit them;
- You agree not to post or transmit through LuxeLounge any material that infringes and/or violates any right of a third party or any law, engage in activity that would constitute a criminal offense or give rise to a civil liability;
- You agree not to post or transmit through LuxeLounge material or statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
- You agree not to upload, post, or otherwise make available on LuxeLounge Web pages any material protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. Any person determined by JUSTLUXE, in its sole discretion, to have repeatedly violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on LuxeLounge's Web pages;
- You agree not to impersonate any person or entity, including, but not limited to, any JUSTLUXE employee, or falsely state or otherwise misrepresent
- You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about LuxeLounge users;
- You agree not to interfere with or disrupt the LuxeLounge Web pages or servers or networks connected to the Web pages, or disobey any requirements,
- You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of LuxeLounge's Web pages, use of the Web pages, or access to the Web pages;
- You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by LuxeLounge; and
- You agree that no person who appears in your submission, who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society, is entitled to compensation from JUSTLUXE.
(B) The foregoing provisions of this Section 7 are for the benefit of JUSTLUXE, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
The decision by LuxeLounge to monitor and/or modify the content of LuxeLounge does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of LuxeLounge in connection with or arising from use by you of LuxeLounge or participation in any online forums or interactive features of LuxeLounge.
9. Third-Party Links, Sponsors and Frames
(A) LuxeLounge may provide links to other World Wide Web sites or resources. Because JUSTLUXE has no control over such sites and resources, you acknowledge and agree that JUSTLUXE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that JUSTLUXE 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 use of or reliance on any such content, goods or services available on or through any such site or resource. You should direct any concerns regarding any external resource to the proprietor(s) of that site.
(B) LuxeLounge may contain commercial images and/or links to sponsors of LuxeLounge. JUSTLUXE is not responsible or liable for the content of those images and/or links.
(C) No third party may use framing technologies or functionalities to contain any content provided by LuxeLounge, for purposes either commercial or non-commercial, without express prior and written consent from JUSTLUXE.
(D) No third party may provide links to any content within LuxeLounge without the express prior written consent from JUSTLUXE.
10. Disclaimer of Warranty; Limitation of Liability
(A) ) You expressly agree that use of LuxeLounge is at your sole risk. Neither LuxeLounge, its affiliates nor any of their respective employees, or agents warrant that LuxeLounge will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of LuxeLounge, or as to the accuracy, reliability or content of any information, service, or merchandise provided through LuxeLounge.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT JUSTLUXE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR VISITORS OF LuxeLounge OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(D)IN NO EVENT WILL JUSTLUXE, ITS PARENT OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING LuxeLounge, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE LuxeLounge, NOR SHALL JUSTLUXE, ITS PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING LuxeLounge BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR PERSONAL OR BODILY INJURY, ARISING FROM OR IN CONNECTION WITH YOUR CREATING CONTENT, BY VIDEOTAPING, PHOTOGRAPHY OR OTHERWISE, FOR SUBMISSION TO LuxeLounge, AND YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF SECTION 10 SHALL APPLY TO ALL CONTENT ON LuxeLounge.
(E) IN ADDITION TO THE TERMS OF SERVICE SET FORTH ABOVE, NEITHER JUSTLUXE, NOR ITS PARENT OR AFFILIATED COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN LuxeLounge, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSIONTHEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER LuxeLounge, NOR ITS PARENT OR AFFILIATED COMPANIES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
(F) JUSTLUXE disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing LuxeLounge, you acknowledge and agree to JUSTLUXE's disclaimer of any such liability. If you do not agree, you should not access or use LuxeLounge.
You agree to defend, indemnify and hold harmless JUSTLUXE, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of LuxeLounge by you or your Account by you or any other person using the Account. JUSTLUXE reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide JUSTLUXE with such cooperation as is reasonably requested by JUSTLUXE.
"LuxeLounge" and the LuxeLounge logo, are service marks of JUSTLUXE. All rights reserved. All other trademarks, logos and service marks appearing on LuxeLounge are the property of JUSTLUXE or their respective owners.
15. Force Majeure
Neither JUSTLUXE nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Compliance with the Digital Millennium Copyright Act of 1998
JUSTLUXE is committed to full compliance with U.S. copyright law, and expects its users to do the same. Accordingly, as a courtesy, JUSTLUXE is providing the following information regarding its understanding of the Digital Millennium Copyright Act of 1998 ("DMCA") concerning notice of claimed online copyright infringement. JUSTLUXE is not providing legal advice. Any persons wishing to assert or oppose a claim under the DMCA should consult their own legal adviser concerning these matters.
If you believe in good faith that information posted by a user on LuxeLounge violates your rights under U.S. copyright law, you may notify JUSTLUXE in the manner described below. You should be aware that U.S. copyright law provides substantial penalties for false claims of copyright infringement. According to the Digital Millennium Copyright Act of 1998 ("DMCA"), claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney's fees.
The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright laws have been infringed online. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements based on unauthorized use of their protected works appearing on web pages hosted by the service provider. Upon receipt of properly filed complaints satisfying the requirements of the DMCA, JUSTLUXE will remove or block access to the allegedly infringing material posted by third party users of the LuxeLounge Web pages. If an LuxeLounge user who posted such material believes in good faith that a notice of copyright infringement has been wrongly filed, the user may submit a counter-notice to assert a private dispute with the claimed copyright owner. JUSTLUXE will not be a party to such disputes over alleged copyright infringement.
More information on U.S. copyright law can be found at the following Web sites:
Notice and Procedure for Making Claims of Copyright Infringement regarding Materials on LuxeLounge
You may give JUSTLUXE written notification of your claim in accordance with the requirements of the Digital Millennium Copyright Act of 1998 as provided in the DMCA and summarized below. The LuxeLounge Copyright Administrator is JUSTLUXE's "Designated Agent" for purposes of receiving notice under the DMCA relating to LuxeLounge.
Written notification of your claim must be submitted to the following Designated Agent to Receive Notification of Claimed Infringement:
Name: Copyright Administrator
Address: 501 West Broadway Suite A-321, San Diego CA 92101
FAX Number: 619-578-5968
E-mail Address: firstname.lastname@example.org
To be effective, the notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Web site are covered by a single notification, a representative list of works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit JUSTLUXE to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Upon receipt of the written notification containing the information as outlined in paragraphs 1) through 6) above:
1. JUSTLUXE shall remove or disable access to the material that is alleged to be infringing and shall forward the written notification to the person or entity who posted the material at issue;
2. JUSTLUXE shall take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
A person who receives a notification of alleged copyright infringement, and believes that the claim is erroneous, may submit a counter notification to JUSTLUXE's Designated Agent relating to LuxeLounge within thirty (30) days of the date the material was removed from the site.
To be effective, a counter notification must be a written communication that includes substantially the following:
1. A physical or electronic signature of the person submitting the counter notification;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the person submitting the counter notification has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material or the owner of the rights to be removed or disabled; and
4. The person's name, address, and telephone number, and a statement that the he or she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if the person's address is outside of the United States, for any judicial district in which JUSTLUXE may be found, and that the person will accept service of process from the complaining party or an agent of such person.
5. Upon receipt of a counter notification containing the information as outlined in paragraphs 1) through 4) above:
1. JUSTLUXE shall promptly provide the complaining party with a copy of the Counter Notification; and
2. JUSTLUXE shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days.
JUSTLUXE shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided JUSTLUXE's Designated Agent relating to LuxeLounge has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on "LuxeLounge'.
16. Providing Feedback to JustLuxe.com
We welcome your comments and feedback about our Site. All information and materials submitted to JustLuxe.com through this Site or otherwise, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Site or the business of JustLuxe.com (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but JustLuxe.com reserves the right to treat any such Feedback as the confidential information of JustLuxe.com.
By submitting Feedback to JustLuxe.com, you assign to the JustLuxe.com Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The JustLuxe.com Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other Content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
17. Mobile Devices
If you access the versions of our Site or Content designed for use on mobile devices, you understand that your mobile carrierís standard charges will apply. If you use our Site to send any Content to a friendís mobile device, you understand that your friend may incur standard messaging charges according to your friendís mobile plan.