Subscriber Agreement and Terms of Use

SUBSCRIBER AGREEMENT AND TERMS OF USE

 

This Web site, mobile site and/or app, as the case may be (individually or collectively, “Web site(s)”) is operated by Napean LLC d/b/a Luxury Daily (“us/we/our/Luxury Daily”). “You/your” means you as a user of the Web site. “User” means all users of the Web site. By using the Web site(s), you agree to be bound by these Terms of Use (“Terms of Use” or this “Agreement”), whether or not you registered for an account/subscribed to the service. In order to subscribe to Luxury Daily, you will need to check the box on the Subscription page agreeing to be bound by these Terms of Use. If you do not check the box, you will not be able to complete the subscription process and become a paying subscriber to Luxury Daily; however, these Terms of Use will still apply to your use of the Web site(s). The other integral part of this Agreement is our Privacy Policy located at https://www.luxurydaily.com/privacy-policy/ and Cookies Policy. All capitalized terms used herein that are not otherwise defined in these Terms of Use shall be defined in the Privacy Policy.

 

We offer the Web site(s), including all information, products and services available from the Web site, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated in this Agreement. If there is anything you do not understand, please email any inquiry to help@luxurydaily.com. Your continued use of the Web site(s) constitutes your agreement to these Terms of Use. If at any time you do not agree to these Terms of Use, please do not use the Website(s).

 

You shall not use the Web site(s) for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You shall not use the Web site(s) in a way that may cause the Web site(s) to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Web site(s) is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the Website(s).

 

  1. Term

 

This Agreement shall remain in full force and effect while you use the Web site(s). You may terminate your registration at any time, for any reason, by contacting us at help@luxurydaily.com. We may terminate your registration for any reason and at any time, effective upon sending notice to you at your registered email address. Even after registration is terminated, this Agreement will remain in effect as between us with respect to your use of the Web site(s). This Agreement may change from time to time as provided herein.

 

  1. Personal Use

 

The Web site(s) is for the personal use of our Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the authorized management of Luxury Daily. Illegal and/or unauthorized use of the Web site(s), including collecting user names by electronic or other means for the purpose of, among other acts, sending unsolicited email or unauthorized framing of or linking to the Web site(s) is not permitted. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from personal profiles without notice. Appropriate legal action will be taken by us for any illegal or unauthorized use of the Web site(s).

  1. Errors and Inaccuracies

 

3.1       We strive to provide complete, accurate, up-to-date information on the Web site(s). Unfortunately, despite our best efforts, human or technological errors may occur. The Web site(s) may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of our products, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

 

3.2       You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of services and/or products offered on the Web site(s).

 

3.3       If YOU BELIEVE THAT a SERVICE OR product offered by US is not as described, your sole remedy is to return it TO US FOR A REFUND.

 

  1. Changes to Web site(s) or These Terms of Use

 

4.1       Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Web site(s) (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Web site(s) or any portion of it.

 

4.2       We may alter these Terms of Use from time to time, and your use of the Web site(s) (or any part of the Web site(s)) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Use have been changed. If you do not agree to any change to the Terms of Use then you must immediately stop using the Web site(s).

 

4.3       The Web site(s) is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Web site(s) or because of a failure, suspension or withdrawal of all or part of the Web site(s).

 

  1. Services Offered

 

Nothing on the Web site(s) constitutes a binding agreement to offer services or products described on the Web site(s) or to make such services or products available in your area.

 

  1. User Generated Content, Comments and Sharing of Opinions

 

6.1       We require you to subscribe and use your real first name and last name, along with a legitimate email address to post comments in the Comments section of articles on Luxury Daily.

6.2       You are solely responsible for the content, including but not limited to debate(s), video, comments, images, voice, audio, photos, personal profiles, information and photographs contained in personal profiles, and messages to other registered users that you publish or display on the Web site(s) or any material or information that you transmit to other registered Users (individually or collectively, “Content”). All Content posted as commentary to an article should contain factual and legally defensible information, respecting the copyrights and trademarks of the sources cited. You must have the legal right to upload any Content, ensuring that it does not violate any laws or rights of any individual.

6.3       Please contact help@luxurydaily.com if you suspect that someone has unauthorized access to your username and password and has accessed such to post Content.

6.4       Content posted and approved do not indicate or reflect the Luxury Daily service’s opinion. They are solely the opinion and point of view of the commentator whose Content has been approved for publication. Approval of reader comments is not indicative of our service’s approval of that commentator’s point of view or opinion. They are solely legally liable for their opinion that is posted on the Luxury Daily service.

6.5       Luxury Daily is not responsible for you taking any actions based on comments and opinions approved and posted to articles. You are solely responsible for your own decisions. Please treat such commentary and messages with the due skepticism and with caveat emptor.

6.6       You must use the Web site(s) in a manner consistent with any and all applicable laws and regulations.

6.7       You may not share, publish, abuse, harass or post others’ private, confidential information;

6.8       You represent and warrant that: (i) you own the Content posted and/or transmitted by you on the Web site(s) or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate any rights, including privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website(s).

6.9       By posting any Content to the public areas of the Web sites, you hereby grant to Luxury Daily and its respective affiliates and successors a non-exclusive, transferrable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable right and license to use, distribute, publicly perform, display, translate, adapt, reproduce and create derivative works from your user content and commentary in any and all media or technology, now known or later developed, in any manner, in whole or part, with or without attribution, without many duty to compensate you.

6.10    You waive all moral rights that you may have in any Content. You agree that we may modify or alter your Content without seeking further permission from you. You also grant us the right to authorize the use of Content or any portion thereof by subscribers and other users in accordance with the terms and conditions of this agreement, including the rights to feature your Content specifically on our service and to allow other subscribers or users to request access to your Content, for example, from an RSS feed. You agree that you are financially responsible for any claim against us arising from any Content that you create.

6.11    You understand and agree that Luxury Daily, in its sole discretion, may review and delete any information and/or User generated Content sent to us and/or posted on the Web site(s). Content may be moderated for style, accuracy and legal purposes. We reserve the right and discretion not to publish Content and also reserve the right to delete, for any reason and without notice to you, Content if previously posted and approved. This includes the comments, postings, email address, profiles or any other personalized information you have created while using our service. Content posted shall maintain the decorum of our service and not slander or libel. Content shall not be used for the commentator or his or her affiliate’s personal gain.

6.12    The following is a partial list of the kind of Content that is illegal and/or strictly prohibited on the Web site(s). Luxury Daily reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending post, information and/or communication from the Web site(s) and terminating the registration of such violators. Prohibited Content includes Content that:

(i) is patently offensive and promotes racism, bigotry, hatred, violence or physical harm of any kind against any group or individual;

(ii) harasses or advocates harassment of another person;

(iii) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”

(iv) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(v) promotes an illegal copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

(vii) provides material that exploits anyone in a sexual or violent manner, or solicits personal information from anyone;

(viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(x) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or

(xi) uses sexually suggestive imagery, nudity, pornography or any other unfair, misleading or deceptive Content, including that which may be intended to draw traffic to a personal profile and/or Content.

6.8       You may not engage in advertising to, or solicitation of, any user of the Web site(s) to buy or sell any products or services. You may not transmit any chain letters or junk email to other users of the Web site(s). Although Luxury Daily cannot monitor the conduct of its Users off the Web site(s), it is also a violation of the Agreement to use any information obtained from the Web site(s) to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User of the Web site(s) without their prior explicit consent.

6.9       Any automated use of the system, such as using scripts, extensions or programs that alter the way the services are displayed, rendered or transmitted, is prohibited without written consent.

6.10    You may not attempt to impersonate another registered User or any other person who is not a registered user of the Web site(s).

6.11    You may not use the subscription, account, user name, or password of another registered User at any time nor may you disclose your password to any third party or permit any third party to access your account.

6.12    You may not sell or otherwise transfer your personal profile.

6.13    Subject to Luxury Daily’s right to remove any Content that is posted and/or transmitted in violation of these Terms of Use, which Luxury Daily may remove at any time in its sole discretion with or without a user request, if you agree to a debate with another of our user(s), and subsequently request that Luxury Daily remove your debate-related Content, such debate-related Content will only be removed if the applicable other user debating agrees in advance. If you would like to request that any of your Content be removed from the Web site(s), please contact us at help@luxurydaily.com.

  1. Privacy and Your Subscriber Account

All registration data and information submitted by you for subscription to Luxury Daily is subject to this company’s privacy policy. Your data may be stored or processed in the United States or any country where Luxury Daily has facilities. You consent to the transfer of information and data outside of your country by using this service. You are solely responsible for maintaining the confidentiality of your password if you access Luxury Daily using that password. Giving someone else access to your password to this service means that they can view information and data about your account and make changes to the service through the Web site(s). If you reveal to someone else the answer to your security question for this service, that individual will be able to request information and data about your account and enable changes through customer service. You agree to kindly inform us promptly if you change your billing and delivery addresses as well as email address so that we can continue to contact you and send notices if required. Any notice that we send to your old address will be considered as sufficient notice if you fail to notify us promptly of a change in your addresses.

  1. Dues, Payments and Fees

You have to be 18 years of age or older to buy a subscription to Luxury Daily or any other product, service or content offered by this company through our services. Please ask your parent or guardian to complete the transaction if you are under 18 years of age and would like to make any purchases of our services. You agree to pay the subscription dues and any other fees, charges and applicable taxes incurred on your account for a service at the rates in effect when the charges were incurred. All charges and dues will be billed automatically to your credit card. Subscription dues will be billed at the start of your subscription and the beginning of any renewal. All fees and charges are non-refundable. Luxury Daily reserves the right to issue refunds or credits at our sole discretion. And if we issue a credit or refund, we are not obligated to issue the same or similar refund in the future. Please direct all other queries about refunds to the customer service email hotline at help@luxurydaily.com. Luxury Daily may change the dues or fees in effect at the time or add new fees, dues or charges by giving you a notice in advance with an opportunity to cancel. You can update your credit card details or use a different credit card at our Customer Service Center to effect any changes. Should you believe that someone has accessed your subscription service using your user name, email or password, please immediately inform us or call Customer Service during business hours Eastern Time. You are responsible for any charges, dues or fees incurred to access Luxury Daily services via an Internet service provider or other third-party service.

  1. Cancellation and Renewal

            This Agreement is in full force and effective while you use our services. Your subscription will renew automatically until it is cancelled under the provisions of this section. Specifically, for annual subscriptions, we will notify you of the pending renewal of your subscription at least 30 days prior to the date of subscription renewal, except as otherwise required by law. And for all subscriptions, you must cancel your subscriptions before it renews to avoid billing of subscription dues for the renewal term to your credit card. Luxury Daily reserves the right to cancel your subscription at any time with a notice to you. You can only cancel your subscription before your renewal term by contacting our Customer Service Center online, by email at help@luxurydaily.com.

  1. Subscription Policies

            By subscribing to a Luxury Daily service, you are subject to our subscription policies as laid out in this Agreement that elaborates on our cancellation, refunds and pricing policies along with other key information. We keep the right to amend these policies at any time. Please refer to these policies as often as you can to stay abreast of current policies.

  1. Third-Party Payment Services

            We may occasionally use a third party not affiliated with us to process payments for a service. This third-party processor is solely responsible for controlling, handling, processing or fulfilling purchases processed via its systems. You may be subject to additional terms of use or service and the privacy policies of the third-party processor when using such third-party processor.

 

  1. DMCA and IP Takedown Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Web site(s) in a way that constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Web site(s); (d) your address, telephone number, and email address; (f) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send the foregoing to:

By email:        dmca@luxurydaily.com

By mail:         Napean LLC, 401 Broadway, Ste. 1408, New York, NY 10013

ATTN: DMCA Agent

If you believe any of your other rights, including intellectual property rights, have been violated, please follow the same information and a takedown request sent to: ipviolations@luxurydaily.com.

  1. User Disputes

You are solely responsible for your interactions with other registered Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

  1. 14. Disclaimers

The opinions expressed by Users and/or in Content posted on the Web site(s) are not necessarily the opinions of Luxury Daily. Luxury Daily is not responsible for any incorrect or inaccurate Content posted on the Web site(s) by Users, whether caused by Users of the Web site(s) or by any of the equipment or programming associated with or utilized by the Web site(s). Luxury Daily is not responsible for the conduct, whether online or offline, of any User of the Web site(s). Luxury Daily assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Luxury Daily is not responsible for any problems or technical malfunction of any telephone or other network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or the like due to technical problems or traffic congestion on the Internet or at any Web site(s) or combination thereof, including any injury or damage to Users or to any User’s or person’s computer related to or resulting from participation, including uploading or downloading of materials, in connection with the Web site(s). Under no circumstances shall Luxury Daily be responsible for any loss or damage, including personal injury or death, resulting from use of the Web site(s) or from any Content posted on the Web site(s) or transmitted to registered Users, or any interactions between Users of the Web site(s), whether online or offline, even as a result of negligence by Luxury Daily. The Web site(s) are provided “AS-IS” and Luxury Daily expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Luxury Daily cannot guarantee and does not promise any specific results from use of the Web site(s).

 

 

  1. 15. Web site(s) Promotion

Luxury Daily may make use of or refer to User-posted content for the purpose of promotion of the Web site(s). Such promotion may involve taking screen shots of a particular area of the Web site(s) and/or Content posted by a User(s), and using that screen shot as a graphic in an advertisement. Promotion may also include quoting Content or playing audio or video posted to the public areas of the Web site(s). Luxury Daily makes no claim of ownership to such user-posted content.

  1. 16. Intellectual Property Ownership and Use

16.1    You acknowledge and agree that our trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within the Web site(s) shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.

16.2    We grant you the limited right to access and make use of the Web site(s) as our User. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Website(s) or any image, page layout, page design, trade dress, trademark, logo or other content (“Luxury Daily Site Content”) for any commercial purpose; b) use a robot, spider, webcrawler, or data mining or extraction tool or process to monitor, extract or copy Site Content, including, framing or scraping of, or in-line linking to, the Luxury Daily service or Luxury Daily Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Website(s)’s name or our trademarks; d) engage in any activity that interferes with the Website(s) or another user’s ability to use the Web site(s); e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Web site(s) and the goods or services offered on the Website(s); f) use articles or links downloaded from our service for personal use to mine text or data; or g) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

           

            16.3   You may not shall not use, copy, distribute, or exploit any of the Luxury Daily Site Content, including Content, in any manner without our prior written permission. Please contact reprints@napean.com if you would like print or digital reprints of articles we publish. You can forward articles to others by using the “Email this” link above the headline of the article or below the last paragraph of the article. You are not allowed to use this service for providing regular access to others to content from our service.

 

            16.4    All Luxury Daily Site Content and all materials and content contained within the Web site(s), including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Web site(s), are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission. You may not create applications, extensions or other products or services that use the Luxury Daily Site Content without our permission. You may not aggregate or otherwise use Luxury Daily Site Content such that it could reasonably serve as a substitute for a subscription to our service.

16.5    You can occasionally download and store articles from our service for your personal use, but you may not otherwise provide others with access to such articles. This does not apply to the “Email this” sharing functionality that allows you to share articles or links with others.

16.6    If you would like to use the headline and/or the first two paragraphs of a Luxury Daily article for inclusion in an appropriate media vehicle, please link to the original story on the Luxury Daily Web site(s) and also include the words, “Used with permission from Luxury Daily.” Please email reprints@napean.com for permission.

16.7    Any unauthorized or prohibited use of any of Luxury Daily Site Content may subject you to civil liability, criminal prosecution or both under applicable federal, state and local laws or applicable foreign laws, rules, regulations and treaties. We require users to respect our trademarks, copyrights and other intellectual property rights and shall enforce the same.

  1. Limitations on Use

17.1    Only one individual may access a Luxury Daily service at the same time using the same username or password, unless we otherwise agree.

17.2    You also agree to abide by exclusionary protocols such as Robots.txt, Automated Content Access Protocol (ACAP) and the like that may be used in connection with our service. You may not access parts of the service to which you are not authorized or attempt to circumvent any restrictions imposed on your use or access of our service.

17.3    Generally, you may not use Luxury Daily Site Content, including without limitation, any Luxury Daily Site Content available through our one of our RSS feeds in any commercial product or service without our express written consent.

17.4    You agree not to use our service for any unlawful reason or purpose. We reserve the right to restrict or terminate your access to a service if we feel that your use of the service may violate any laws, regulations or rulings, or infringe upon another person’s rights or violate the terms of this agreement.

  1. External Sites and Resources

 

We are not responsible for the availability of any Web sites, apps or other offerings owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the operation of such third-party Web sites or the privacy practices or the content (including misrepresentative or defamatory content) of any third- party Web sites, including (without limitation) any advertising, products or other materials or services on or available from such Web sites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources, even if our logo or sponsorship identification is on the third-party services as part of a co-branding or promotional arrangement or otherwise. We strongly urge you to be aware when you leave Luxury Daily’s services to read the terms and conditions and privacy policies of each third-party service you use.

 

  1. 19. Disclaimers

 

19.1    WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEB SITE(S). THE WEB SITE(S) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEB SITE(S), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF DEALING OR USAGE OR TRADE.

 

19.2    WE MAKE NO WARRANTY THAT THE WEB SITE(S) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE(S) OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.

 

19.3    AS SET FORTH IN THE WEBSITE(S) PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE WEB SITE(S) AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE(S) BY YOU.

 

  1. Limitations on Liability

 

WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEB SITE(S); IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.

 

  1. 21. Indemnification

 

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT ANY BREACH BY YOU OF THESE TERMS OF USE OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEB SITE(S), OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE(S) USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.

 

  1. 22. Resolution of Claims or Disputes.

 

Any disputes arising out of or regarding this Subscription Agreement and Terms of Use and will be governed by the laws of the State of New York, applicable to agreements made and performed in New York. Except where prohibited by law, you further agree that (1) any and all disputes and causes of action arising out of these Terms of Use (and/or our Privacy Policy) shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the Judicial Arbitration and Mediation Services, Inc. [“JAMS”] and held at the JAMS regional office located in New York, New York. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim or seek injunctive relief or any other equitable claim. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

 

All disputes between you and us will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of us or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions:

 

(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in or near Manhattan, New York City, New York.

 

(b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.

 

(c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Use, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.

 

(d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.

 

(e) Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, with Napean LLC remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.

 

(f) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

(g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.

(h) Subject to the requirement for arbitration hereunder, in any action arising out of or relating to this Privacy Policy, the laws of the State of New York shall be applied, without regard to choice of laws.

(i) Class Action Waiver. The parties further expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and Napean shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

 

  1. Investigations of Violations of These Terms

 

We may investigate any reported violation of these Terms of Use and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

 

  1. 24. Notice for California Users

 

Under California Civil Code Section 1789.3, residents of California who use the Web site(s) are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

 

  1. 25. Miscellaneous

 

25.1    If any part of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use.

25.2    These Terms of Use and our Privacy Policy, and any other terms or agreements that may be posted on the Website(s) (as may be amended from time to time) (“Web site Agreements”) contain the entire agreement between you and us relating to the Web site(s) and your use of the Web site(s) and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Web site Agreements. You confirm that, in agreeing to accept these Web site Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Web site Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Web site Agreements.

 

25.3    You may send us notices or communicate with us by email help@luxurydaily.com. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send email to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email

DATE LAST MODIFIED: August 7, 2016

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