General Terms and Conditions of Use
Effective date: October 1, 2018
These general terms and conditions of use (the “Agreement“) apply to:
- all webpages accessible at the luxxfolio.com domain provided by LUXXFOLIO Network Inc. (the “Company”); and
- any distributions provided by the Company, including email newsletters;
collectively the (“Service”).
By accessing or using the Service, You (“You”) are agreeing to comply with and be bound by this Agreement. Please review the following terms carefully. If You do not agree with any of these terms, do not use or access the Service.
1. Ownership and Copyright
You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, audio recordings, video recordings, product names, company names, trade-marks, logos and trade-names contained on or provided through the Service (collectively the “Media”), including the manner in which the Media is presented or appears and all information relating thereto, are the property of their respective owners as indicated, the Company, or its licensors, as the case may be. The copying, redistribution, use or publication by You of any part of the Media or any part of the Service, except as contemplated by this Agreement, is strictly prohibited. You do not acquire ownership rights to any Media or information obtained through the Service. The provision of any Media on the Service by the Company or any other person or entity does not constitute a waiver of any right in such Media. For purposes of this agreement, Media excludes any information, data, software, products, services, or other content for which the Company specifically requires purchase of a separate licence.
2. Use Licence
- The Company hereby grants to You a personal and non-exclusive licence (the “Licence”) to access, download, and display the Media. This is not a transfer of title.
- Under the Licence You may not and shall not, without the Company’s express written authorization:
- transfer the Licence;
- remove any copyright or other proprietary notations from the Media;
- distribute the Media for any purpose, including, without limitation, compiling an internal database, redistributing or reproducing the Media by way of the press or media or through any commercial network, cable or satellite system;
- create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicence, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Media or any software hosted by the Service in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise; or
- permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors or allow any third party to access the Media.
- The Company is not obligated to provide any authorization referred to in paragraph 2(2), the Company reserves the right to charge a fee for the grant of such authorization, and the Company may cancel such authorization at its sole and unfettered discretion by providing notice to You of such cancellation.
- The restrictions set out in this Agreement, including the restrictions listed at paragraph 2(2), shall not apply to the limited extent that the restrictions are prohibited by applicable law.
- You will not access the Media other than through the Service, or by any other means the Company has authorized.
- You will not download, cache, or otherwise reproduce any Media, other than by accessing the Media through the Service, or by any other mean the Company has authorized.
4. Fees for the Service
The Company may charge a fee for use of all or some features of the Service. If at any time the Company does not charge a fee for any features of the Service, the Company will in no way be barred from charging a fee for those features in the future. If the Company does charge a fee, the fee will be decided in the sole discretion of the Company. The Company will provide notice to You if the Company starts charging a fee, or changes the amount of a fee.
5. Refusal of Service
The Company reserves the right, at its sole discretion, to exclude or otherwise limit the provision of any product or service, including access to the Service, to any person or entity, for any reason.
6. Editing, Deleting and Modification
The Company reserves the right in its sole discretion to edit or delete any Media, information or other content provided by the Service. The Company assumes no obligation to update the Media, and the Media may be changed without notice to You.
7. Use of Information
8. Links to Other Websites
The Service may contain links to other websites and services. The Company is not responsible for the contents, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by the Company. Inclusion of any linked website does not imply approval or endorsement of the linked website by the Company. If You decide to leave the Service and access these third party sites, You do so at Your own risk.
- This Agreement is effective until terminated by the Company, with or without cause, in the Company’s sole and unfettered discretion. The Company may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by the Company shall be in addition to and without prejudice to such rights and remedies as may be available to the Company, including injunction and other equitable remedies.
- The disclaimers, limitations on liability, ownership, termination, interpretation, and indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
- This Agreement will automatically terminate if You violate or assist in the violation of any of the restrictions of paragraph 2(2).
- On the termination of this Agreement, You must destroy any Media in Your possession whether in electronic or printed format.
You agree to indemnify, defend and hold the Company and its partners, lawyers, staff, affiliates, successors and assigns (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable legal fees, related to Your violation of this Agreement, use of the Service, claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related cause of action.
11. Disclaimer and Limitation of Liability
- THE INFORMATION, FORMS, AGREEMENTS, LICENCES, MEDIA, CONTENT, DIGITAL DOWNLOADS, TANGIBLE PRODUCTS, GOODS AND WEBSITES (THE “ITEMS”) PROVIDED FROM OR THROUGH THE Service ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE ITEMS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE COMPANY AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY OF THE ITEMS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE COMPANY AND THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE Service AND THE ITEMS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
- The Media accessible within the Service, or available through the Service may not be appropriate under the circumstances for any particular transaction. No representations, warranties or guarantees whatsoever are made as to the accuracy, currentness, completeness, adequacy, reliability, suitability or applicability of any of the Media to a particular situation.
- All responsibility or liability for any damages caused by the Media, including, without limitation, damages caused by computer viruses or other malicious code contained within the Media is disclaimed.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that You are over the age of 13, as the Service are not intended for children under 13. If You are under 13 years of age, then please do not use the Service.
- This Agreement shall be treated as though it were executed and performed in the province of British Columbia, Canada, and shall be governed by and construed in accordance with the laws of the province of British Columbia (without regard to conflict of law principles).
- Any of Your causes of action with respect to the Service (and/or the information or Media thereon) must be instituted within six (6) months after the cause of action arose or be forever waived and barred.
- The language in this Agreement shall be interpreted as to its fair meaning and not construed strictly for or against either party. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement.
- All legal proceedings arising out in connection with this Agreement shall be brought solely and exclusively in Vancouver, British Columbia in the Courts of British Columbia. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process.
- Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
- Failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
- You agree to review this Agreement prior to reviewing any information or obtaining any documents or goods on or through the Service. This Agreement may be amended by the Company from time to time without specific advance notice to You. The latest Agreement will be posted on the Service, and You should review the Agreement prior to using the Service.
- This Agreement, and the User Terms and Conditions of Use, as applicable, and as modified from time to time as described above, and including the policies incorporated by reference, constitute the entire and only agreements between You and the Company and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Service, the Media, goods and services provided by or through the Service, and the subject-matter of this Agreement, except to the extent that You have or will enter additional end-user licencing agreements with the Company regarding particular goods and services.
- To the extent that anything in or associated with the Service, with the exception of the User Terms and Conditions of Use, as applicable, is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. To the extent that any terms of the User Terms and Conditions of Use, as applicable, are in conflict with any terms of this Agreement, the terms of the User Terms and Conditions of Use shall take precedence.