"LuxeMont Web Pages" mean, collectively JustLuxe and its affiliate websites, present and future sites, including but not limited to: http://www.justluxe.com, http://www.justluxe.com/community, http://www.luxeescapes.com, http://www.localluxe.com, http://travel.justluxe.com, http://www.justluxe.com/travel/city-guides.php, http://www.justluxe.com/livingluxe, http://www.justluxe.com/lifestyle/dining/articles-152.php, and any and all digital services relating to JustLuxe.com operated by LuxeMont, LLC.
"You" means the user or visitor to LuxeMont Web Pages.
All information, content, services and software displayed on, transmitted through, or used in connection with LuxeMont Web Pages, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by LuxeMont, LLC, and its affiliated companies, licensors and suppliers. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a Web site and wish to link to LuxeMont Web Pages, you may do so provided you agree to cease such link upon request from LuxeMont, LLC. No other use is permitted without prior written permission of LuxeMont, LLC. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service.
You may not, for example, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through LuxeMont Web Pages, not to insert any code or product or manipulate the content of LuxeMont Web Pages in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
LuxeMont respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on LuxeMont Web Pages, please contact us at the address listed below under the heading "Contact Us."User-Provided Information and Content By providing information to, communicating with, and/or placing material on, LuxeMont Web Pages, including for example communication during any registration, communication on any LuxeMont bulletin board, message or chat area, posting any resume or other content, placing any classified advertisement, entering any sweepstakes, etc., you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, (3) the content will not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of LuxeMont that specifically ask for unique, fictitious names, e.g., certain message boards and chat rooms).
For all such information and material, you grant us, our affiliates and related entities, including LuxeMont Web Pages and its affiliated newsletters, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all LuxeMont affiliated Web sites, to include the information in a searchable format accessible by users of LuxeMont Web Pages and other affiliated Web sites, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Please note LuxeMont Web Pages does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to LuxeMont Web Pages. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against LuxeMont, LLC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
During your visit to our site you may elect to engage in a transaction involving the purchase of a product or subscription, a print or online advertisement or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party processing agent/website/vendor, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as "perfect security" on the Internet or offline. If you're concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. LuxeMont, LLC cannot take responsibility for the success or security of transactions undertaken or processed by third parties. On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree LuxeMont, LLC is not responsible for such errors or discrepancies by us our third party vendors.
Your dealings or communications through LuxeMont with any party other than LuxeMont are solely between you and that third party. For example, certain areas of LuxeMont Web Pages may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will LuxeMont, LLC be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party. During your visit to LuxeMont you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. LuxeMont is not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.
While LuxeMont Web Pages uses reasonable efforts to include accurate and up-to-date information; we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. LuxeMont does not represent or warrant that use of any Content will not infringe rights of third parties. LUXEMONT, LLC HAS NO RESPONSIBILITY FOR ACTIONS OF THIRD PARTIES OR FOR CONTENT PROVIDED OR POSTED BY OTHERS. USE OF LUXEMONT WEB PAGES IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER LUXEMONT, NOR ANY OF OUR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING LUXEMONT, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH LUXEMONT WEB PAGES, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF LUXEMONT WEB PAGES OR SUCH CONTENT OR SERVICES. All express or implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties LuxeMont will meet your requirements, be uninterrupted, timely, secure or error free, are specifically disclaimed. LuxeMont and its affiliates are not responsible or liable for content posted by third parties, actions of any third party, or for any damage to, or virus that may infect your computer equipment or other property.
LuxeMont Web Pages contains facts, views, opinions, statements and recommendations of third party individuals and organizations. Luxemont does not represent or endorse the accuracy, currentness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through LuxeMont Web Pages. Any reliance upon any such opinion, advice, statement or information is at your sole risk.
In no event shall LuxeMont or its affiliates, employees, agents, content providers or licensors be liable for any indirect, consequential, special, incidental or punitive damages including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content or any errors or omissions in the content, even if advised of the possibility of such damages. In no event shall LuxeMont or its affiliates, employees, agents, content providers or licensors be liable for any amount for direct damages in excess of $100.
You agree to indemnify, defend and hold harmless, Luxemont, LLC and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding: (1) your use of LuxeMont Web Pages; (2) LuxeMont's use of any content or information you provide, as long as such use is not inconsistent with this agreement; (3) information or material posted or transmitted through your membership account, even if not posted by you; and, (4) any violation of this agreement by you.
"JustLuxe" and the JustLuxe logo are service marks of JustLuxe.com operated by Luxemont, LLC. All rights reserved. All other trademarks, logos and service marks appearing on LuxeMont Web Pages are the property of LuxeMont, LLC or their respective owners.
LuxeMont Web Pages are controlled, operated and administered by LuxeMont, LLC from its offices within the United States. LuxeMont, LLC makes no representation that materials or Content available through LuxeMont Web Pages 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 LuxeMont Web Pages or export the Content in violation of U.S. export laws and regulations. If you access LuxeMont Web Pages from a location outside the United States, you are responsible for compliance with all applicable laws.
Neither LuxeMont 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.
LUXEMONT RESPECTS THE COPYRIGHTS OF OTHERS AND EXPECTS ITS USERS TO DO THE SAME. BY UPLOADING, POSTING OR OTHERWISE MAKING AVAILABLE CONTENT ON LUXEMONT WEB PAGES, 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 LUXEMONT WEB PAGES 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 LuxeMont Web Pages, you automatically grant, or warrant that the owner of such material has expressly granted LuxeMont 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 LuxeMont Web Pages. You hereby grant LuxeMont the right to edit, copy, publish and distribute any such material made available on LuxeMont Web Pages by you.
LuxeMont utilizes user generated and third party content gathers through all including, but not limited to: information location tools, including a directory, index, reference, pointer, or hypertext link. LUXEMONT WEB PAGES' USAGE OF THIS CONTENT AND THE RESPONSIBILITY FOR APPROVED COPYRIGHTS AND USAGE IS THE LIABILITY OF THE USER OR THIRD PARTY WHERE CONTENT IS ORIGINATING. Should there be any copyright or intellectual infringement, LuxeMont Web Pages has no actual knowledge or surrounding facts that made the infringement apparent. LuxeMont has received no financial benefit directly attributable to the infringing activity and will act expeditiously to immediately remove or disable access to infringing material upon obtaining knowledge or awareness the material is infringing on copyrights or upon receiving a properly drafted notice of infringement to the LuxeMont designated agent of copyright infringement. If LuxeMont becomes aware of any user or third party who is a repeat copyright infringer, it is our policy to take immediate and reasonable steps within our powers to terminate that user. LuxeMont, LLC has filed an interim designation with the United States Copyright Office and will comply with all Takedown Notices.
Parties with infringement allegations may submit their written Takedown Notice with the LuxeMont designated agent registered at the US Copyright Office List of Designated Agents or Contact Direct:
Name: Copyright Administrator
Address: 501 West Broadway Suite A-321, San Diego CA 92101
FAX Number: 619-578-5968
E-mail Address: email@example.com
If the complainant of infringement does not comply with the above listed request of written Takedown Notice, your complaint will not serve as "actual notice" for the purpose of LuxeMont Web Pages removing content. Once proper written Takedown Notices are received through the LuxeMont Designate Agent, LuxeMont will:
LuxeMont Web Pages is committed to full compliance with U.S. copyright law, and expects its users to do the same. Accordingly, as a courtesy, LuxeMont is providing the following information regarding its understanding of the Digital Millennium Copyright Act of 1998 ("DMCA") concerning notice of claimed online copyright infringement. LuxeMont 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. 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, LuxeMont will remove or block access to the allegedly infringing material posted by third party users of the LuxeMont Web Pages. If a LuxeMont Web Pages 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. LuxeMont, LLC 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:
If you believe in good faith that information posted by a user on LuxeMont Web Pages violates your rights under U.S. copyright law, you may notify LuxeMont 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.
A person who receives a notification of alleged copyright infringement, and believes that the claim is erroneous, may submit a counter notification to LuxeMont's Designated Agent relating to LuxeMont Web Pages 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 LuxeMont 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. LuxeMont shall promptly provide the complaining party with a copy of the Counter Notification; and
2. LuxeMont shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days. LuxeMont 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 LuxeMont's Designated Agent relating to LuxeMont Web Pages 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 LuxeMont Web Pages.
LuxeMont, LLC reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of LuxeMont Web Pages after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use. LuxeMont may modify, suspend, discontinue or restrict the use of any portion of LuxeMont Web Pages, including the availability of any portion of the Content at any time, without notice or liability. LuxeMont may deny access to any person or user at any time for any reason. In addition, LuxeMont may at any time transfer rights and obligations under this Agreement to any LuxeMont affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires LuxeMont or any of their assets.
We welcome your comments and feedback about our Site. All information and materials submitted to LuxeMont, LLC through LuxeMont Web Pages, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Site or the business of LuxeMont (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but LuxeMont reserves the right to treat any such Feedback as the confidential information of LuxeMont Web Pages. By submitting Feedback to LuxeMont Web Pages, you assign to the LuxeMont Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The LuxeMont 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.
If you access the versions of our Site or Content designed for use on mobile devices, you understand that your mobile carrier's standard charges will apply. If you use our Site to send any Content to a friend's mobile device, you understand that your friend may incur standard messaging charges according to your friend's mobile plan.