LuxGiv.com Terms of Use Agreement
Effective Date: February 22, 2008
LuxGiv.com is a luxury gift giving service and registry that allows Members to create wish lists, which we call "LuxLists" and then allow their friends, family and associates (from here forth referred to as "network") to contribute towards that gift. Members can create Events and invite other Members and Users to them, always linking back to the Members LuxLists. LuxGiv functions as a central point for many gifts, but does not sell any items itself, nor condone any particular brand or product. The services offered by LuxGiv.com ("LuxGiv.com" or "we") include the LuxGiv.com website (the "LuxGiv Website"), the LuxGiv.com Internet messaging and invitation service, and any other features, content, or applications offered from time to time by LuxGiv.com in connection with the LuxGiv Website (collectively, the "LuxGiv Services"). The LuxGiv Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the LuxGiv Services. By using the LuxGiv Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the LuxGiv Website) or you are a "Member" (which means that you have registered with LuxGiv.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the LuxGiv Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the LuxGiv Website and discontinue use of the LuxGiv Services immediately. If you wish to become a Member, communicate with other Members and make use of the LuxGiv Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes LuxGiv.com's policy for acceptable use of the LuxGiv Services and Content posted on the LuxGiv Website, your rights, obligations and restrictions regarding your use of the LuxGiv Services and LuxGiv.com's Privacy Policy. In order to participate in certain LuxGiv Services, you may be notified that you are required to download software, widgets or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the LuxGiv Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@LuxGiv.com, Subject: Terms of Use Agreement.
LuxGiv.com may modify this Agreement from time to time and such modification shall be effective upon posting by LuxGiv.com on the LuxGiv Website. You agree to be bound to any changes to this Agreement when you use the LuxGiv Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on LuxGiv.com and that you provide to other Users. Your LuxGiv.com profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, lewd or obscene, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other LuxGiv.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and LuxGiv.com assumes no responsibility or liability for this material. If you become aware of misuse of the LuxGiv Services by any person, please contact privacy@LuxGiv.com.
LuxGiv.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the LuxGiv Services at any time, for any or no reason, with or without prior notice, and without liability. LuxGiv expressly reserves the right to remove your profile and/or LuxList or LuxEvent and/or restrict, suspend, or terminate your access to any part of LuxGiv Services if LuxGiv determines, in its sole discretion, that you pose a threat to LuxGiv and/or its Users or participate in any fraudulent behavior with regards to credit card processing or false identity or events.
1. Eligibility. Use of and Membership in the LuxGiv Services is void where prohibited. By using the LuxGiv Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 12 years of age or older (depending on state and local law); and (d) your use of the LuxGiv Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 12 years of age (dependant on state and local law). You may not use credit cards under 18 years of age unless you have permission of a parent or legal guardian. Please e-mail privacy@LuxGiv.com for the Underage Credit Card Permission Sheet and follow all the instructions included with the document.
2. Term. This Agreement shall remain in full force and effect while you use the LuxGiv Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Edit Profile Page to be found on the Account Overview.
3. LuxGiv.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 4-12.
4. Fees. You acknowledge that LuxGiv.com reserves the right to charge for the LuxGiv Services and to change its fees from time to time in its discretion. If LuxGiv.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of transaction fees.
1. There is a (is but is not limited to) variable 3.3-5% transaction fee when someone from the "network" contributes money towards a gift, which is disclosed to them upon checkout. There is a variable fee from (is but is not limited to) 1.5-10% for the purchaser when they go to purchase the item from LuxGiv or they decide to receive a LuxGiv Gift Card, which is also disclosed to them upon checkout.
2. If the account has not been operated or had no Transactions for over a continuous period of twelve (12) months, then LuxGiv has the right to close the account without any prior notice to the User.
3. One the full gift amount is realized, then the member with the completed LuxGift must purchase the item or request a gift card. This statement is null and void depending upon state law.
4. Gift Cards. Gift cards are valid for 6 months from the date of issuance. LuxGiv will diligently send them out to our clients, to arrive within 2 weeks of the date they are ordered utilizing priority mail. If they are returned, LuxGiv will contact the member at that time to confirm their address and extend the expiration date up to 2 extra months.
5. For the purpose of clause 4.2, the debiting of a fee, duty, tax or charge, to an account does not constitute an operation on the account.
6. LuxGiv.com is not obliged to save any data, information or Materials being deleted from such the account on the Website and shall not be liable to anyone for loss of such data, information or Materials as a consequence of clause 4.2.
7. Subject to any other provisions in LuxGiv Documents and Unclaimed Property Act (1999, as amended from time to time), LuxGiv shall use its reasonable endeavors to account to the owner or a person entitled under the account or the Registry referred to in clause 4.2 for any cash deposits or moneys held in their account.
8. Notwithstanding the clause 4.5, if LuxGiv is unable to locate or identify the owner or a person entitled to the receipt of moneys in clause 4.6, then such moneys shall be treated as unclaimed money and shall be subject to Unclaimed Property Act (1999).
9. Any fees which will be payable for utilizing the Service of LuxGiv will be displayed on the relevant screen of the Website. Such fees may include but not limited to the fees stipulated in clause 4.1.
10. Each User agrees to pay any applicable fees referred to in clause 4.1 to LuxGiv before utilizing the Service of LuxGiv and by agreeing to these terms and conditions.
11. In the event of inactive accounts, the user will be notified of any applicable fees via the email address assigned to the account. The member must respond within 120 days or they will be automatically charged by LuxGiv.com (when they have saved credit card information) or LuxGiv.com can keep their contributions.
12. Each User acknowledges and agrees that the following fees may vary from time to time without prior notice and LuxGiv is not responsible or liable for such variance in the fees or its amounts:
1. Processing and Transaction fees. Each Transaction, whether it is in the form of any deposits or withdrawals can incur various processing and transaction fees which will be displayed on the relevant screen of the Website.
2. Administration fees
3. Inactive account fees LuxGiv has the right to charge and deduct an administration fee from the cash deposits or moneys held in the accounts which were closed as a consequence of LuxGiv exercising its right under clause 4.2.
5. Non-commercial Use by Members. The LuxGiv Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by LuxGiv.com. Illegal and/or unauthorized use of the LuxGiv Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the LuxGiv Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the LuxGiv Services.
6. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify LuxGiv.com immediately if you suspect any unauthorized use of your account or access to your password. Please e-mail us at privacy@luxgiv.com if you think this has happened to you. You are solely responsible for any and all use of your account.
7. Proprietary Rights in Content on LuxGiv.com.
1. LuxGiv.com does not claim any ownership rights in the text, files, images, photos, video, works of authorship, or any other materials (collectively, "Content") that you post to your LuxGiv Account and Profile. After posting your Content to the LuxGiv Account and/or Profile, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the LuxGiv Services, you hereby grant to LuxGiv.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the LuxGiv Accounts, Profiles and LuxLists.
2. You represent and warrant that the posting of your Content on or through the LuxGiv Services does not violate the privacy rights, publicity rights, copyrights or any other rights of any person.
3. The LuxGiv Services contain Content of LuxGiv.com ("LuxGiv.com Content"). LuxGiv.com Content is protected by copyright, trademark, patent, trade secret and other laws, and LuxGiv.com owns and retains all rights in the LuxGiv.com Content and the LuxGiv Services. LuxGiv.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the LuxGiv.com Content (excluding any software code) solely for your personal use in connection with viewing the LuxGiv Website and using the LuxGiv Services.
8. Content Posted.
1. LuxGiv.com may delete any Content that in the sole judgment of LuxGiv.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. LuxGiv.com assumes no responsibility for monitoring the LuxGiv Services for inappropriate Content or conduct. If at any time LuxGiv.com chooses, in its sole discretion, to monitor the LuxGiv Services, LuxGiv.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the LuxGiv Services, and any material or information that you transmit to other Members and for your interactions with other Users. LuxGiv.com does not endorse and has no control over the Content. Content is not necessarily reviewed by LuxGiv.com prior to posting and does not necessarily reflect the opinions or policies of LuxGiv.com. LuxGiv.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
3. LuxGiv may also post information regarding items, such as gifts ideas, and event planning ideas for purposes of suggestion and information for our Visitors. We have gained permission from individuals for these ideas and postings or have attempted to find generic pictures of items for this use. If you think that your item or idea has been misrepresented or used incorrectly, please contact us at privacy@luxgiv.com.
9. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the LuxGiv Services. LuxGiv.com reserves the right to investigate and take appropriate legal action against anyone who, in LuxGiv.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the LuxGiv Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of LuxGiv.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
10. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
11. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
12. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
13. includes a photograph of another person that you have posted without that person's consent
The following is a partial list of the kind of activity that is illegal or prohibited on the LuxGiv Website and through your use of the LuxGiv Services. LuxGiv.com reserves the right to investigate and take appropriate legal action against anyone who, in LuxGiv.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
14. criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
15. advertising to, or solicitation of, any Member to buy or sell any products or services through the LuxGiv Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the LuxGiv Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, LuxGiv.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which LuxGiv.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the LuxGiv Services, you acknowledge that you will have caused substantial harm to LuxGiv.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay LuxGiv.com $100 for each such unsolicited email or other unsolicited communication you send through the LuxGiv Services;
16. covering or obscuring the banner advertisements on your personal profile page, or any LuxGiv.com page via HTML/CSS or any other means;
17. interfering with, disrupting, or creating an undue burden on the LuxGiv Services or the networks or services connected to the LuxGiv Services;
18. attempting to impersonate another Member or person;
19. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
20. selling or otherwise transferring your profile;
21. using any information obtained from the LuxGiv Services in order to harass, abuse, or harm another person;
22. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the LuxGiv Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your, or sending private messages with a commercial purpose; or
23. using the LuxGiv Services in a manner inconsistent with any and all applicable laws and regulations governed by state and federal laws.
10. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. LuxGiv.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, LuxGiv, Inc., 211 E Ohio #1012, Chicago, IL 60611; Attn: Copyright Agent; and email: privacy@LuxGiv.com.
11. Member Disputes. You are solely responsible for your interactions with other LuxGiv.com Members. LuxGiv.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
12. Privacy. Use of the LuxGiv Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. You can find out more information here (LINK TO PRIVACY POLICY)
13. Disclaimers. LuxGiv.com is not responsible for any incorrect or inaccurate Content posted on the LuxGiv Website or in connection with the LuxGiv Services, whether caused by Users of the LuxGiv Services or by any of the equipment or programming associated with or utilized in the LuxGiv Services. Profiles created and posted by Members on the LuxGiv Website may contain links to other websites, when referring to a gift or event, but in no other context. LuxGiv.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by LuxGiv.com. Inclusion of any linked website on the LuxGiv Services does not imply approval or endorsement of the linked website by LuxGiv.com. When you access these third-party sites, you do so at your own risk. LuxGiv.com takes no responsibility for third party advertisements which are posted on this LuxGiv Website or through the LuxGiv Services, nor does it take any responsibility for the goods or services provided by its advertisers. LuxGiv.com is not responsible for the conduct, whether online or offline, of any User of the LuxGiv Services. LuxGiv.com 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 or Member communication. LuxGiv.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the LuxGiv Services or combination thereof.. Under no circumstances shall LuxGiv.com be responsible for any loss or damage, including personal injury or death, resulting from use of the LuxGiv Services, attendance at a LuxGiv.com event, from any Content posted on or through the LuxGiv Services, or from the conduct of any Users of the LuxGiv Services, whether online or offline. The LuxGiv Services are provided "AS-IS" and as available and LuxGiv.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. LuxGiv.com cannot guarantee and does not promise any specific results from use of the LuxGiv Services.
14. Limitation on Liability. IN NO EVENT SHALL LUXGIV.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF LUXGIV.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LUXGIV.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LUXGIV.COM FOR THE LUXGIV SERVICES DURING THE TERM OF MEMBERSHIP.
- LuxGiv shall not be liable, in any way, where a User suffers any damage as a consequence of any matter beyond the control of LuxGiv, including merchandise ordered through the website after an item is completely contributed to or if the member decides to buy the gift before it is completed. LuxGiv.com members must deal with the merchant directly with any and all items purchased with the website or LuxGiv.com Gift Card. LuxGiv is not liable if an event is cancelled and any damage incurred from its cancellation.
- LuxGiv is only an intermediary. We do not warrant the condition of the product you are ordering from any other merchant.
15. U.S. Export Controls. Software available in connection with the LuxGiv Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the LuxGiv Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
16. Disputes. If there is any dispute about or involving the LuxGiv Services, you agree that the dispute shall be governed by the laws of the State of Illinois, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Illinois, City of Chicago. Either LuxGiv.com or you may demand that any dispute between LuxGiv.com and you about or involving the LuxGiv Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Chicago, IL, USA, provided that the foregoing shall not prevent LuxGiv.com from seeking injunctive relief in a court of competent jurisdiction.
17. Indemnity. You agree to indemnify and hold LuxGiv.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the LuxGiv Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the LuxGiv Website or through the LuxGiv Services causes LuxGiv.com to be liable to another.
18. Other. This Agreement is accepted upon your use of the LuxGiv Website or any of the LuxGiv Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and LuxGiv.com regarding the use of the LuxGiv Services. The failure of LuxGiv.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. LuxGiv.com is a trademark of LuxGiv, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: privacy@luxgiv.com with any questions regarding this Agreement.
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