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Changes To These Terms Of Use:
As we add new features and functionality to our Site, we may need to update or revise these Terms of Use. We reserve the right to do so, at any time and without prior notice, by posting the revised version on our Site. These changes will be effective as of the date we post the revised version on our Site. Your use of our Site following any such change constitutes your agreement to be bound by the revised Terms of Use. For this reason, it is important to review these Terms of Use regularly.
Site Access:
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content (as that term is defined hereinbelow); any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LuxeYard or its associates without our express, prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written consent.
Ownership Of Site And Content:
All right, title and interest in this Site, including, but not limited to all of the software and code that comprise and operate this Site, and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, URL’s, advertising copy and other materials provided through this Site (collectively, “Content”) are owned by us or by third parties who have licensed their Content to us. This Site is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of this Site is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of this Site.
We hereby grant you a limited, revocable license to download and print copies of any portion of the Content of this Site to which you have properly gained access, but only for your company’s non-commercial, internal business use if you are accessing this Site on behalf of your company or for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from the Content you download. The foregoing license is subject to these Terms of Use and does not include the right to use any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You may not and you may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on this Site except as expressly provided in these Terms of Use without our prior written permission. Nothing in these Terms of Use shall be construed as transferring any right, title or interest in this Site or its Content to you or anyone else, except the limited license to use this Site and its Content on the terms expressly set forth herein.
Feedback and Other Submissions:
The comments, feedback, suggestions, ideas, recipes, artwork and other information or materials you provide to us when you use our Site or respond to solicitations on our Site (collectively, “Submissions”) shall be our sole and exclusive property. We shall exclusively own all rights, title and interests, known or hereafter existing, in your Submissions in any and all media now known or hereafter devised in perpetuity throughout the universe. Without limiting the generality of the foregoing, we shall have right (but not the obligation) to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Submissions you submit to us for any purpose whatsoever, without restriction and without compensating you in any way. We shall have no obligation to treat your Submissions as confidential. You acknowledge that we have many resources, internal and external and may have independently developed or may independently develop information, ideas or materials that are identical or similar to your Submissions. You are responsible for the lawfulness and appropriateness of all Submissions you submit through our Site.
By providing Submissions to us, you are agreeing to these terms; representing and warranting to us that your Submissions are your original work free and clear from any and all encumbrances and/or restrictions of any nature whatsoever; and assigning to us all worldwide rights, title and interests in your Submissions, including all copyrights and other intellectual property rights.
Permission to Use:
Our trademarks and logos are important assets to our company and represent brand quality and consistency. For that reason we have a process that will review your request to ensure our trademarks, trade dress and logos are being used properly. You may not use any of the trademarks displayed on our Site without the prior express written permission of LuxeYard, LLC or the trademark owner. We appreciate your request to use our trademarks, logos, or photos for educational and other purposes. If you do not hear from a LuxeYard representative within thirty (30) days of submission of your request, we are not able to approve your request.
User Content:
We may now or in the future permit users to post, upload, display, publish, distribute, transmit through, broadcast or otherwise make available on the Site (collectively “Submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, video, information, content and or other materials (“User Content”).
Rules Governing User Content:
The following additional terms and conditions apply when you post comments or other Content on our Site (“User Content”).
You may not:
- post any User Content that is protected by copyright, trademark, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights without the express permission of the owner of the respective right; and you are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content you submit;
- post any User Content that is harmful; hateful; threatening; abusive; harassing; defamatory or libelous (or trade libel) ; sexually explicit, vulgar, lewd, obscene, or pornographic; offensive; inappropriate; or inflammatory;
- post any User Content that you know (or reasonably should know) is false, deceptive or misleading;
- post any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- post any private information about another person, including addresses, phone numbers, email addresses, and so on; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
- use the Site in a manner that violates any laws or regulations;
- use the Site to solicit money, goods or services for private gain;
- use the Site to solicit money, goods or services for any charitable purposes;
- use the Site to promote political views or candidates;
- use the Site to advertise any goods or services or to solicit the purchase or sale of any products or services;
- use the Site to transmit chain letters or junk email;
- use the Site to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;
- use the Site in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support the Site;
- use the Site to harvest or collect email addresses or other contact information of other Users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Site in a manner that, in our sole discretion restricts or inhibits any other user from using or enjoying the Site;
- use the Site in a manner that suggests an association with our Company or any of our subsidiaries, affiliates, employees, products or brands;
- use this Site in anyway that violates these Terms of use.
Right to Monitor and Remove User Content:
You understand that we have the right (but not the obligation) to monitor User Content and the right (but not the obligation), in its sole discretion, to remove any User Content that violates these Terms of Use or for any other reason.
Ownership of User Content:
The User Content you provide to us shall be and remain exclusively our property. We shall exclusively own all rights, title and interests, known or hereafter existing, in your User Content in any and all media now known or hereafter devised in perpetuity throughout the universe. Without limiting the generality of the foregoing, we shall have right (but not the obligation) to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any User Content you submit to us for any purpose whatsoever, without restriction and without compensating you in any way. We shall have no obligation to treat your User Content as confidential. By providing User Content to us, you are agreeing to these terms; representing and warranting to us that the User Content you provide is your original work; and assigning to us all worldwide rights, title and interests in your Submissions, including all copyrights and other intellectual property rights. We are free to use any ideas, concepts, know-how or techniques contained in any User Content you submit without any remuneration or obligation to you and for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products and/or services using such User Content.
Third-Party Content:
Some of the articles, columns, information, and other materials available through our Site are provided to us by third parties (other than visitors to our Site). Wherever practical, in our opinion, the source of these third-party materials is identified. These third-party materials are provided for your interest and convenience only. We do not endorse these materials or the third parties who supply them to us, nor are we responsible, warrant, or represent that these materials are current, accurate, complete or reliable. The opinions expressed in these materials are strictly those of the authors and do not necessary reflect our views or opinions. If there is a dispute between persons accessing the website or between persons accessing the website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release LuxeYard and its officers, directors, employees, partners, successors, agents, affiliates, subsidiaries and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in anyway connected with such dispute.
Mobile:
The website may include certain features and services that may be available via your mobile phone, including, without limitation: (a) the ability to upload to the website via your mobile phone, (b) the ability to receive and reply to messages and to send content and messages using text messaging, and (c) the ability to access the website from your mobile phone (collectively “Mobile Services”). We typically do not charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will, however, still apply. Your carrier may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your carrier or mobile device. You should check with your carrier to find out what plans are available and how much they cost. All charges are billed by and payable to your mobile service provider. By using the Mobile Services you agree that we may communicate with you regarding the website and our partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.
Upon submission of your phone number to obtain Mobile Services, you will receive an SMS text message requiring confirmation response from your mobile phone or device. Your text message confirmation response will constitute an agreement to comply with the terms and conditions. Text “STOP” from your mobile phone and we will unsubscribe you from our SMS text messaging service. You will receive an OPT-OUT confirmation message and will not receive any additional messages until you re-register on our website or you initiate additional text requests. From your mobile phone, you may request additional information at any time by texting HELP.
You agree that in connection with the Mobile Services for which you are registered for, we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account(s) on the website to reflect this change. You also agree that the cell phone number you enter is registered in your name and that you will not initiate messages or messaging to the cell phone of any other person or entity.
Agent to Receive Notification of Claimed Infringement:
We do not knowingly violate or permit others to violate the copyrights of others. It is your responsibility to make sure that you do not post User Content that violates the copyrights of others. We reserve the right to deny you access to this Site if you post or transmit infringing Content on or through the Site. Please notify our Copyright Agent immediately if you have reason to believe any part of the Content of this Site or any other Site infringes the copyrights of others. Before doing so, you may want to review the U.S. Copyright Office’s Circular on the copyrightability of recipes available at http://www.copyright.gov/fls/fl122.html.
The website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third party links. We are not responsible for any content posted on third party websites or are not liable to you for any loss or damage of any sort incurred as a result of your dealing with any third party or their website(s).
Notice of Claim of Copyright Infringement:
If you are the copyright owner or are authorized to act on behalf of the copyright owner, please notify our Copyright Agent immediately of any claim of copyright infringement. When we receive your notice of claimed infringement, in the form described below, we will remove or disable access to materials that are claimed to be infringing (or the subject of infringing activity) provided that said material is not protected under the Digital Millennium Copyright Act. Your notice must be in writing and must include the following:
- a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
- a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material;
- enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address;
- a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law;
- a statement that all of the information you have provided is accurate; and
- a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Your notice must be signed (physically or electronically) and must be addressed as follows:
LY Retail, LLC.
3415 South Sepulveda Blvd.
Los Angeles, CA 90034
Attention: Legal Department
E-mail: info@luxeyard.com
You may not use any of the trademarks displayed on our Site without the prior express written permission of the trademark owner.
Disclaimer Of Warranties/Limitation Of Liability:
Please note that many manufacturers offer separate warranties on their products. For more information, please refer to any warranty tags that come with your particular item.
The basic warranties are void if the merchandise suffers damage caused by abuse, negligence or accident, has been relocated, repaired or tampered with, was sold "as is", or is used for commercial purposes. We do not guarantee fabrics against wear, fading, color fastness or any damage caused by cleaning processes.
The Site is provided on an "AS IS," "as available" basis. Neither LuxeYard.com, nor its Associates warrant that use of the Site will be uninterrupted or error-free. Neither LuxeYard.com, nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site, or the products or services offered for sale on the Site. Further, LuxeYard.com makes no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. LuxeYard.com specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by LuxeYard.com or its Associates shall create a warranty or that you relied on the LuxeYard advice to purchase your item. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever whether direct, indirect, general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether the claim is based on contract, tort (including negligence), strict liability or any other legal theory that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to LuxeYard.com records, programs or services and under no circumstances whatsoever shall LuxeYard.com or its Associates be liable for any losses, claims and/or damages arising under the foregoing theories. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of LuxeYard.com has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site.
Some jurisdictions do not allow the exclusion liability for certain types of damages. Accordingly, some of the foregoing limitations of liability may not apply to you. Also, in such jurisdictions liability is limited to the fullest extent permitted by law.
If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then our and our affiliates’ aggregate liability (including the liability of any other person or entity whose liability would otherwise have been limited) for liabilities that otherwise would have been limited shall not exceed the amount, if any, of any amounts paid by you to us or the applicable affiliate in connection with the applicable product or service, or if you have paid no such amounts, $10.00 USD.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer or Associates for details.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
Use of This Site Outside the United States of America:
This Site is intended for use by individuals who reside within the United States and has been designed to comply with United States law. We do not represent that this Site or the Content, products, or services made available through this Site are appropriate for locations outside the United States, nor that this Site or the Content, products or services made available through this Site complies with the laws of any other country. If you access this Site from locations outside the United States, you are responsible for complying with all applicable local laws.
Interpretation:
As used in these Terms of Use, the term “including” means “including, but not limited to.”
Waiver:
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
Severability:
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.
Disputes, Governing Law, Jurisdiction and Venue:
Our headquarters are located in Los Angeles, CA, USA. You agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Terms of Use and/or Site Policies shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Terms of Use and/or Site Policies, shall be shall be resolved by submission to a final and binding arbitration to be held in Los Angeles County, California before a single arbitrator in accordance with California Code of Civil Procedure §§ 1280 et seq. For purposes of venue the parties agree that the arbitration shall take place in Los Angeles, California. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute. The arbitration shall be a confidential proceeding, closed to the general public and will use and implement the Federal Rules of Evidence with respect to the entire arbitration process . The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court); (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with using the Terms of Use and/or Site Policies, but in no event attorneys' fees; and (iv) under no circumstances will You be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages whatsoever other than for actual out-of-pocket expenses and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use or any other term, provision, policy and/or process stated in this Site, or the rights and obligations in connection with these Terms of Use and/or Site Policies, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of California and venue in any court of appropriate jurisdiction in Los Angeles County, California. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. Notwithstanding the foregoing, in the event that any individual alleged claim and/or damage is Two Thousand Five Hundred Dollars ($2,500) or less then your sole remedy shall be via State of California Small Claims Court at the Airport Court House located in the West District for County of Los Angeles, CA.
Privacy Policy:
You may view our Privacy Policy here.
Entire Agreement:
These Terms of Use and Site Policies contain the entire understanding and agreement between you and us and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and us with respect to the subject matter of these Terms of Use and Site Policies.
Last Updated: March 19, 2012
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