Date of last revision: January 20, 2020
The terms of this Agreement are subject to change at any time. It is your responsibility to check periodically for any changes. Continued use of the Services shall constitute acceptance of any changes.
I. Description of the Services
NextLuxuryDotCom LLC is an online magazine and newsletter focusing on men’s health and high-end lifestyle. The website provides content about travel, cuisine, health, style, wealth, and more.
II. Your Use of the Services
A. Your Representations and Eligibility to Use Services
By registering and using the Services, you represent and warrant you: (i) have the authority and capacity to enter this Agreement; (ii) are at least 18 years old, or 16 years or older and have the express permission of your parent or guardian to use the Services; and, (iii) are not precluded or restricted in any way from using the Services, either by law or due to previous suspension from the Services.
B. Truthfulness of Information
You represent and warrant that all information you submit when using the Services is complete, accurate, and truthful. You are responsible for maintaining the completeness, accuracy, and truthfulness of such information.
C. Limited Use of Services
The Services are only for the uses specified in this Agreement. You agree that you will not use our proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement. We reserve the right to investigate and take legal action in response to illegal and/or unauthorized uses of the Services.
- You agree that our Services contain proprietary information and material that we own and is protected by applicable intellectual property and other laws, including but not limited to trademark, copyright, patent, and trade secret laws.
- Our ownership extends to all content, features, and functionality on the website or app, and in our communications, that is protected or protectable under the law.
- You agree that you will not use our proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement.
- In no way should your use of the Services be construed to diminish our intellectual property rights or be construed as a license or the ability to use the Services in any context other than as expressly permitted under this Agreement.
D. Prohibited Activities
You shall not engage in the following activities:
- Reproduce any portion of the Services in any form or by any means, except as expressly permitted in this Agreement or otherwise in writing by our authorized agent.
- Modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Services in any unauthorized way.
- Use the Services for any unlawful activities or in violation of any laws, regulations, or contractual provisions, or to induce others to do or engage in the same;
- Use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
- Access another’s account without permission of us or that person;
- Publish or allow to be published malicious code intended to damage any mobile device, browser, computer, server, or network hardware;
- Spam any comments section with offers of goods and services, or inappropriate messages;
- Use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services;
- Decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services; and,
- Solicit passwords or personal identifying information for commercial or unlawful purposes from others or disseminate another person’s personal information without that person’s permission.
III. Email Subscriptions
A. Email Subscription
We maintain a listserve to send a newsletter for those who wish to receive updates on the latest trends and content. You may opt in to receive such emails through our website and opt out at any time.
IV. Disclaimers and Waivers
A. No Guarantees, Endorsements, or Investigation
We fund our Services primarily through sponsored content, referral revenue, banner ads, and other advertisements on our website. We do not investigate third-parties or their content, including those companies, information, items, and services identified through any of our content or advertisements through our Services. We do not provide any guarantees or endorsements of any third-party, their content, or their products or services. You accept all risks associated with or relating to any third party or their products or services. You agree not to hold us liable for matters relating to any third party, including for their conduct, products, services, and information provided.
B. Advertising and Referral Revenue
We fund our Services primarily through advertising and referral revenue. Through our Services, we may provide various advertisements, third-party links, and sponsored reviews.
C. Disclaimer of Warranties
All information and services are provided on an “as is” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not make any warranty that access to the Services will be uninterrupted, secure, complete, error free, or meet your particular requirements.
D. Waiver of Liability
You waive any liability of or claims against us for any injuries or damages (including compensatory, punitive, special, or consequential damages) you sustain as a result of or associated with using the Services, including on reliance of any content or representation on our website. You waive any claim or liability stemming from our negligence.
Where our Services incorporate or utilize any information, software, or content of a third party, you waive any liability or claim against us based upon that information, software, or content—including based upon the negligence of that third party.
E. Scope of Waiver
You understand and agree the above waiver extends to any claim of any nature or kind, known or unknown, suspected or unsuspected, regardless of when the claim first existed.
F. California-Specific Waiver and Notices
You understand and agree the above waiver includes waiver of a claim of the type identified under California Civil Code, Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
The following notice is for California users: Pursuant to California Civil Code Section 1789.3: If you have a question or complaint about us, our products, or our Services please contact us at firstname.lastname@example.org. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs by telephone at (800) 952-5210 or by mail at the Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
V. Limitation of Services and Termination
A. Right to Remove Content
We reserve an unrestricted right to remove content at any time without advanced notice. Nonetheless, we are not responsible for any third-party content and make no commitment or assurances that we will remove, monitor, or assess any specific third-party content, regardless of its content or character.
B. Right and Grounds to Terminate Access
To protect us and our users, we reserve an unrestricted right to refuse, terminate, block, or cancel your application to, account with, or access to the Services at any time, with or without cause. You acknowledge here that you have no right to use of the Services should we terminate or suspend your account. Primary reasons warranting termination include (and primary reasons leading to suspension pending investigation of claims or evidence of the following):
- You violating any of the provisions of this Agreement;
- You hindering or interfering with us in providing our Services;
- You making misrepresentations, lying, or deceiving us; and,
- You using the Services in violation of: any international, federal, state, or local law; or applicable regulation, rule, or order by any regulatory, governing, or private authority, or a court of competent jurisdiction.
C. No Right to Services or Content
You neither possess nor retain any ownership of or rights to the Services, regardless of who generated the content. Upon termination, you have no right to access, retain, or have returned any such information.
VI. General Provisions
A. DMCA Violations
If you believe any of our content infringes on your copyright, you may request removal by contacting the following address: email@example.com. We will respond to all requests promptly and to the best of our ability.
B. Successors and Assignees
We may assign this Agreement to an affiliate or in connection with a merger or sale of all or substantially all of our corresponding assets. You may not assign this Agreement.
You agree that any waiver or protections afforded to us are also provided to our affiliates, directors, officers, principals, employees, agents, and successors in their roles and relationship with us. You also acknowledge that all waivers and agreements bind not only you, but any successors, heirs, agents, and other representatives.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be binding arbitration administered by the American Arbitration Association. You may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding. You understand and accept that, by agreeing to arbitration, you are foregoing your access to a trial by jury.
D. Limitation of Liability
To the maximum extent permitted by law, in no event shall we or our agents be liable to you or any other person or entity for any direct, punitive, incidental, special, consequential, or exemplary damages.
E. Governing Law and Venue
This Agreement will be governed by and construed in accordance with the laws of the State of Colorado. The venue for any disputes including mediation, arbitration, or litigation shall be Denver, Colorado. You agree to waive the following defenses to any action brought in Colorado: forum non conveniens and lack of personal jurisdiction.
If one party waives any term or provision of this Agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this Agreement, that party retains the right to enforce that term or provision at a later time.
If any provision of this Agreement is invalid or unenforceable, whether by the decision of an arbitrator or court, by passage of a new law, or otherwise, the remainder of this Agreement will remain in effort and be construed and enforced consistent with the purpose of this Agreement, to the fullest extent permitted by law. Furthermore, if a provision is deemed invalid or unenforceable, you agree that provision should be enforced to the fullest extent permitted under the law, consistent with its purpose.
H. Understanding of Agreement
You acknowledge that you understand the terms and conditions of this Agreement. You also acknowledge that you could discuss these provisions with a lawyer at your own expense prior to entering into this Agreement, and have either done so or chosen not to do so in entering this Agreement. Regardless of your choice, you intend to be fully bound by this Agreement.
I. Entire Agreement