Destination Luxury » Luxury Living RedefinedTERM AND CONDITIONS - Destination Luxury

TERM AND CONDITIONS

The Destination Luxury Terms of Service have been structured to govern your use of our website. Your use of our site provides evidence that you have read and agreed to these Terms of Service and our PRIVACY POLICY. Please read both carefully. If you do not agree with any of these terms, please exit Destination Luxury.

Copyright

All information, content, services and software displayed on, transmitted through, or used in connection with Destination Luxury, 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 Destination Luxury, 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 Destination Luxury, you may do so provided you agree to cease such link upon request from Destination Luxury. No other use is permitted without prior written permission of Destination Luxury. 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 Destination Luxury, not to insert any code or product or manipulate the content of Destination Luxury in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.

Copyright Complaints

Destination Luxury 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 Destination Luxury, 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, Destination Luxury, including for example communication during any registration, communication on any Destination Luxury 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 Destination Luxury 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 Destination Luxury 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 Destination Luxury affiliated Web sites, to include the information in a searchable format accessible by users of Destination Luxury 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 Destination Luxury 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 Destination Luxury. 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 Destination Luxury 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.

Transactions and e-commerce on our site

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. Destination Luxury 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 Destination Luxury is not responsible for such errors or discrepancies by us our third party vendors.

Communications with Third Parties Through Destination Luxury

Your dealings or communications through Destination Luxury with any party other than Destination Luxury are solely between you and that third party. For example, certain areas of Destination Luxury 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 Destination Luxury 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 Destination Luxury 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. Destination Luxury 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.

General Disclaimer and Limitation of Liability

While Destination Luxury 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.
Destination Luxury does not represent or warrant that use of any Content will not infringe rights of third parties. Destination Luxury has no responsibility for actions of third parties or for content provided or posted by others.
USE OF Destination Luxury IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER Destination Luxury, 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 Destination Luxury, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH Destination Luxury, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF Destination Luxury 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 Destination Luxury WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. Destination Luxury 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.

Destination Luxury CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. Destination Luxury DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE Destination Luxury. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

IN NO EVENT SHALL Destination Luxury 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 Destination Luxury OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, Destination Luxury 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 Destination Luxury; (2) Destination Luxury’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.

International Users

Destination Luxury is controlled, operated and administered by Destination Luxury from its offices within the United States. Destination Luxury makes no representation that materials or Content available through Destination Luxury 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 Destination Luxury or export the Content in violation of U.S. export laws and regulations. If you access Destination Luxury from a location outside the United States, you are responsible for compliance with all applicable laws.

Miscellaneous

Destination Luxury 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 Destination Luxury 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.

Destination Luxury may modify, suspend, discontinue or restrict the use of any portion of Destination Luxury, including the availability of any portion of the Content at any time, without notice or liability. Destination Luxury may deny access to any person or user at any time for any reason. In addition, Destination Luxury may at any time transfer rights and obligations under this Agreement to any Destination Luxury affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Destination Luxury or any of their assets.

Governing Laws

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to Destination Luxury must be filed in a federal or state court located in Los Angeles, California, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of Destination Luxury to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to Destination Luxury, and all other provisions for which survival is equitable or appropriate.
In the case of a conflict between these terms and the terms of any electronic or machine readable statement or policy (for example, a P3P electronic privacy policy), these Terms of Service shall control. Similarly, in case of a conflict between these terms and our Privacy Policy, these Terms of Service control.

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