BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, THE Luxtiques PRIVACY STATEMENT, AND THE Luxtiques COMMUNITY GUIDELINES AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.
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Registration
You shall register on this Site in order to use certain of the Site functions. If you just want to browse this Site, registration is optional.
During registration, you will be required to provide contact information including an email address, username and password. You may select any username as you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark,or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain of the functions of Luxtiques and the Site including our blogs. Luxtiques reserves the right to reject or remove any username.
For certain of our functions, such as the purchase of products and services, you are required to provide your name, address and billing, and credit card information. You are required to provide accurate and complete information.
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Age of Users
Children under the age of 13 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.
By accessing the Services, you represent and warrant to Luxtiques that: (1) you are an individual (i.e., not a corporation) at least 13 years old; (2) you are of legal age to form a binding contract or have your parent’s permission to do so; (3) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (4) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services; (5) if you are under the age of 18 but at least 13 years of age, you uses this Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
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Non-Commercial Use
This Site and its contents are for your own personal non-commercial use only.
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Luxtiques Privacy Statement
Your use of this Site signifies your continuing consent to the Luxtiques Privacy Statement, which you can examine any time by clicking on the "Privacy" link on the Site.
Personal information that you supply to Luxtiques, and any information about your use of Luxtiques that we obtain will be subject to the Luxtiques Privacy Statement on this Site.
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Changes to Luxtiques
We may discontinue or change any Luxtiques content, service, function or feature at any time with or without notice.
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Proper Use of This Site
When you use our blogs or other social and communications functions, you agree at all times to comply with the Luxtiques Community Guidelines, which you may access with the Community Guidelines link on the Site. You may use Luxtiques for lawful purposes only and may use the Site only in ways consistent with the law.
You shall not use any program, spider or "bot" to gather or "harvest" information from this Site.
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Proprietary Rights
All materials displayed or performed on the Services, or which may be made available for you are protected by copyright. These materials include text, blogs, graphics, articles, photographs, images, illustrations video, User Submissions, etc. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (1) without the express prior written consent of the respective owners, and (2) in any way that violates any third party right.
The Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms of Use), create derivative works based on, distribute, perform, display, or in any way exploit, any of content, software, materials, or the Services in whole or in part.
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Changes to these Terms of Use
We may change these Terms of Use at any time. You can review the most current version of these Terms of Use by clicking on the Site's "Terms of Use" link. If you continue to use this Site after we make changes to these Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.
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Electronic Delivery Statement and Your Consent
When you use our Services, or send emails to us, you are communicating with us electronically. By accessing the Service, you agree that we may communicate with you electronically. Such electronic communications may include e-mail, notices posted on our Services, "push" mobile notification, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or changes to these Terms of Use.
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Content That You Supply
Luxtiques may allow you to supply content for the Site or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms, any applicable EULA or the Community Guidelines. Content that violates applicable rules may be removed.
If you post any content on any blog or other public area of the Site, you grant us and our affiliate companies the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.
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No Duty to Monitor
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post,but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.
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Third Party Sites and Advertisers
Luxtiques may include on the Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that Luxtiques is not responsible for any claim or loss due to a third party site or any advertiser.
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Disclaimer of Warranties
We provide this Site and its contents "as is". We and our suppliers make no express warranties or guarantees about this Site. To the extent permitted by law, we and our suppliers disclaim implied warranties including any warranty that the site is
or will be merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that this site or its content will meet your requirements, is error-free, reliable, or will operate without interruption. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
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Limitation of Liability
You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.
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Indemnification
You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
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International Use
We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.
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Choice of Law and Location for Resolving Disputes
You agree that the laws of the state of New York, USA and US federal law govern these terms of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of New York, USA, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. By agreeing to these terms of use, you are: (1) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in, the state or federal courts in the state of New York over any disputes or claims you have with us; and (3) submitting yourself to the personal jurisdiction of such courts for the purpose of resolving any such disputes or claims.
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Severability and Integration
This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
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Termination
We reserve the right to terminate your use of this Site if you violate these Terms of Use or any rules or guidelines posted on the Site or for any other reason in our discretion.
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Reporting Claims of Copyright Infringement
Luxtiques respects the intellectual property of others and takes claims of copyright infringement seriously. Luxtiques will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any material (including photographs and digital images) located on or available through the site infringes your copyright or is the subject of infringing activity, you may request that Luxtiques remove or disable access to such material by submitting written notification to the copyright agent Luxtiques has designated with the United States Copyright Office (“Copyright Agent”) at the following address:
DMCA Complaints
Luxtiques Inc.
c/o Luxtiques Inc. Copyright Agent
360 NW 27th Street
Miami, FL 33127Email: [email protected]