| TERMS
OF SERVICE
This Terms of Service Agreement ("Agreement")
is made between LuxuryPropertiesInternational.com,
Inc. (the "Company") and any person
(collectively "you", "your"
or "I") who uses any of the services
offered on this website (collectively the "Service").
BY ACCESSING OR USING ANY PART OF THE SERVICE,
YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND
BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU
DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
YOU MAY NOT ACCESS OR USE ANY PART OF THE SERVICE.
1. The Service and Registration
a. Description. The Service
is proprietary to Company and is protected by
intellectual property laws and international intellectual
property treaties. Your access to the Service
is licensed and not sold. Company agrees to provide
you with non-exclusive access to or use of the
Service, consisting of providing listings of privately
owned multi million dollar estates, subject to
the terms and limitations set forth in this Agreement.
b. Accessibility. You agree
that from time to time the Service may be inaccessible
or inoperable for any reason, including, without
limitation: (i) equipment malfunctions; (ii) periodic
maintenance procedures or repairs which Company
may undertake from time to time; or (iii) causes
beyond the control of Company or which are not
reasonably foreseeable by Company.
2. Representations and Warranties
You represent and warrant to Company that: (a)
you are over the age of eighteen (18) and have
the power and authority to enter into and perform
your obligations under this Agreement; (b) you
shall comply with all terms and conditions of
this Agreement, including, without limitation,
the Acceptable Use Policy set forth at Section
3; and (c) if requested, you have provided accurate
and complete registration information, including
without limitation, your legal name, address and
telephone number.
3. Ownership
You acknowledge that any and all content listed
on the LuxuryPropertiesInternational.com website,
as well as any e-mail communications generated
from the Service, (collectively, the "Content")
is and shall remain the property of the Company
and its licensors. Any and all Content may not
be used, copied or modified by you without the
express written permission of the Company.
4. Acceptable Use Policy
You are solely responsible for any and all acts
and omissions that occur under your account or
password, and you agree not to engage in unacceptable
use of the Service, which includes, without limitation,
use of the Service to: (a) disseminate or transmit
unsolicited messages or unsolicited commercial
email; (b) disseminate or transmit material that,
to a reasonable person may be abusive, obscene,
pornographic, defamatory, harassing, grossly offensive,
vulgar, threatening or malicious; (c) disseminate
or transmit files, graphics, software or other
material that actually or potentially infringes
the copyright, trademark, patent, trade secret
or other intellectual property right of any person;
(d) create a false identity or to otherwise attempt
to mislead any person as to the identity or origin
of any communication; (e) export, re-export or
permit downloading of any message or content in
violation of any export or import law, regulation
or restriction of the United States and its agencies
or authorities, or without all required approvals,
licenses or exemptions; (f) interfere, disrupt
or attempt to gain unauthorized access to other
accounts on the Service or any other computer
network; (g) disseminate or transmit viruses,
trojan horses or any other malicious code or program;
or (h) engage in any other activity deemed by
the Company to be in conflict with the spirit
or intent of this Agreement.
5. Limitations
a. Privacy. It is the policy of the Company
to respect your privacy. Company will not monitor,
edit, or disclose any personal information about
you or your account, including its contents, without
your prior consent unless Company has a good faith
belief that such action is necessary to: (i) comply
with legal process or other legal requirements
of any governmental authority; (ii) protect and
defend the rights or property of Company; (iii)
enforce this Agreement; or (iv) protect the interests
of users of the Service other than you or any
other person. Your IP address is transmitted and
recorded with each message you send from the Service.
Company does provide certain information in aggregate
form collected from and relating to you to third
persons such as advertisers. For more information,
please read the Company's Privacy Policy.
b. Inaccuracies. You acknowledge
that inaccuracies and/or typographical errors
may exist within the Service. You agree that it
is your obligation to verify any and all information
contained with the particular property owner identified
within the Service.
c. Displayed Properties. By
using the Service, you acknowledge that the Service
is a listing and information service that brings
together property owners and agents.
d. Listing Service. By using
the Service, you acknowledge that the Service
is a listing and information service that brings
together property owners and agents. Information
about a particular property is supplied by the
agent or property owner, not by the Company. The
Company cannot and does not verify the information
that property owners supply or guarantee the properties
they offer. When using the Service to find a property,
it is recommended that you to use the same common
sense and good judgment you would use in responding
to a classified ad in the newspaper.
e. Non Solicitation. The Company
provides this Service to permit users the ability
to review information about properties around
the world. You acknowledge that the Company has
expended significant time and money in collecting
the Content contained within the Service. As a
result, the Service is provided to you for the
sole purpose of inquiries. Use of the Service
and its Content for any other reason, including
but not limited to the solicitation of the Company's
clients and advertisers, is strictly forbidden
("Non-Solicitation"). YOU ACKNOWLEDGE
THAT THE COMPANY'S DAMAGES FOR YOUR FAILURE TO
ADHERE TO THE NON-SOLICITATION PROVISION SET FORTH
HEREIN ARE DIFFICULT TO ASCERTAIN. AS A RESULT,
YOU AGREE TO PAY TO THE COMPANY, AN AMOUNT EQUAL
TO ONE THOUSAND DOLLARS ($1,000) FOR EACH VIOLATION
OF THE NON-SOLICITATION PROVISION. This provision
is intended to establish liquidated damages and
is not intended as a penalty. This liquidated
damages provision does not waive or alter any
remedies available to the Company under this Agreement,
at law or in equity for your default hereunder.
6. Termination
This Agreement is effective upon your acceptance
as set forth herein and shall continue in full
force until terminated. You may terminate this
Agreement at any time and for any reason by sending
an e-mail to support@LuxuryPropertiesInternational.com
notifying the Company of your desire to terminate
this Agreement. Company reserves the right, in
its sole discretion and without notice, at any
time and for any reason, to: (a) remove or disable
access to all or any portion of the Service; (b)
suspend your access to or use of all or any portion
of the Service; and (c) terminate this Agreement.
7. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE
SERVICE IS AT YOUR SOLE RISK. COMPANY DOES NOT
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY
AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE
OF THE SERVICE. COMPANY MAKES NO OTHER WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION
TO THE SERVICE.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT
OF OR RELATING TO THIS AGREEMENT. YOUR SOLE AND
EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO
DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE
THIS AGREEMENT.
9. Indemnification
You agree to indemnify, hold harmless and defend
Company, its shareholders, directors, officers,
employees and agents from and against any action,
cause, claim, damage, debt, demand or liability,
including reasonable costs and attorney's fees,
asserted by any person, arising out of or relating
to: (a) this Agreement; (b) your use of the Service,
including any data or work transmitted or received
by you; and (c) any libelous, slanderous, indecent
or other statement concerning any person made
or republished by you.
10. Miscellaneous
a. Law. This Agreement shall
be governed by the laws of the State of California
and the United States without reference to conflicts
of laws.
b. Amendment. Company shall
have the right, at any time and without notice,
to add to or modify the terms of this Agreement,
simply by posting such amended terms herein. Your
access, link to or use of the Service after the
date such amended terms are delivered to your
account with the Service shall be deemed to constitute
acceptance of such amended terms.
c. Waiver and Severability.
No failure, delay in exercising or enforcing any
right or remedy hereunder by Company shall constitute
a waiver of any other right or remedy, or future
exercise thereof. If any provision of this Agreement
is determined to be invalid under any applicable
statute or rule of law, it is to that extent to
be deemed, omitted, and the balance of the Agreement
shall remain enforceable.
d. Survival. The respective
rights and obligations of the parties under Sections
2, 3, 4, 5, 7, 8, 9 and 10 shall survive any termination
or expiration of this Agreement. |