LuxuryProperty.com Terms and Conditions

Last updated 12 November 2008

The submission of information to, and use of, the real estate information services (collectively, the "Service") available through the LuxuryProperty.com ( “the website” located at http://www.LuxuryProperty.com) is subject to the following terms and conditions (the "Terms and Conditions" or the "Agreement"). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and Luxurio Inc. (“LuxuryProperty.com” or the "Company"). You also agree to the LuxuryProperty.com Listing Policy & Guidelines (the "Listing Policies").

If you do not agree to these Terms and Conditions and to the Listing Policies, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: Chief Legal Counsel, Luxurio Inc., PO Box 630425, Highlands Ranch, CO 80163. The Company may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the LuxuryProperty.com.

General Provisions

Membership Privileges

Membership privileges are granted by the Company to individuals and organizations of multiple individuals and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the LuxuryProperty.com without express written permission from the Company. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of the Company. LuxuryProperty.com requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the LuxuryProperty.com system. Members are not permitted to share their individual logon information with others. The Company has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on LuxuryProperty.com, or abuses their rights related to the LuxuryProperty.com service. Unregistered users may search the LuxuryProperty.com listings Service, but will only receive a subset of results of the available properties matching the Customers designated search parameters. Upon registration, which is free, Customer becomes a Standard Member and gains access to all available results for a given search. The customer may also upgrade to Premium or Featured Subscriptions to receive additional membership benefits. Members registered as listors may also post properties on the Service.

LuxuryProperty.com utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant LuxuryProperty.com the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes the Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. The Company will use best efforts to honor Customers request to opt out of marketing messages, but under no circumstances will LuxuryProperty.com have any liability for sending any email to its registered users/customers.

Submission and Administration of Listings

Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property’s data to LuxuryProperty.com unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Customer’s website or on LuxuryProperty.com. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on LuxuryProperty.com. The Company may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the LuxuryProperty.com. Additionally, the Customer agrees to allow submitted Property listing(s), or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer’s website, the LuxuryProperty.com and other LuxuryProperty.com partner websites. The Company shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the LuxuryProperty.com and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a property on the LuxuryProperty.com system under a name other than the named real estate professional or enterprise that have been engaged by the property owner to market the property; and (c) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the LuxuryProperty.com. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to LuxuryProperty.com. LuxuryProperty.com may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission.

Use of Information

Customer agrees to treat all information obtained from the Service, including listings, member directory, historical transaction information, and any information otherwise made available to Customer in the Service (individually and collectively, the "Content") as proprietary to LuxuryProperty.com. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of LuxuryProperty.com. The Company does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customers own risk. Customer may access the published property listings in the Service solely to obtain initial information from which further evaluation and investigation may commence. Any and all Content offered by the Company to Customer ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY LUXURYPROPERTY.COM, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

Customer shall limit access to and use of the Services to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the LuxuryProperty.com Service as part of any effort to compete with the Company, including without limitation using the LuxuryProperty.com Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential LuxuryProperty.com customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the LuxuryProperty.com Service. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $1,000.

Payment Terms

Subscriptions will automatically renew using the Customers current credit card account number unless Customer cancels their subscription three (3) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customers email account on record with LuxuryProperty.com. If Customer has a question about a cancellation, Customer should contact LuxuryProperty.com Member Services at Membership[at]LuxuryProperty.com or 1-877-LUX-PROPERTY (589-7767). The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.

It is the Customers responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "Billing Center" tab within the "My Account" section, once Customer has logged into www.LuxuryProperty.com. LuxuryProperty.com does not validate all credit card information required by the Customers payment provider to secure payment.

The Customer must notify the Company about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to the Company's attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies.

Paid Subscriptions

The Company offers four distinct paid subscription membership products to its property listing service: (i) a Premium Membership and Featured Membership for those Customers who primarily utilize the Service to actively list and market properties available for sale and/or for lease ("Premium Membership for Professionals" and "Featured Membership for Professionals"), and (ii) a Premium Membership and Featured Membership for those Customers who primarily utilize the Service to actively search for properties available for sale and/or for lease ("Premium Membership for Searchers" and "Featured Membership for Searchers") (all paid memberships collectively, "Paid Memberships"). A Customer who purchases a Paid Membership is a "Paying User." Paying User subscription privileges are granted by LuxuryProperty.com to individuals and organizations of multiple individuals and are granted specifically to the subscribing Paying User only. Paying Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Paying User without the express written permission of the Company. Paying Membership privileges are subject to change from time to time and may be subject to property listing, property searching, and member directory searching limitations. Customer acknowledges that the Company (in addition to its other remedies) can cancel and prohibit Paying Membership privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. LuxuryProperty.com also has the right to refuse service to any customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Paying Membership or other membership privileges. Paying Membership subscriptions continue to renew at the prevailing level regardless of Customer's listing or searching activity on LuxuryProperty.com. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes.

After adding a listing at the Standard exposure level, the Customer will have the option to change current membership level to a Premium Professional Membership or Featured Professional Membership which will provide Premium or Featured exposure for the listing. For all Plan changes submitted online, the Customer will be charged a prorated change plan fee for the remaining days in current billing cycle, and Customer's subscription rate will be adjusted commencing with the next bill date. Prepaid fees on Premium and Featured Search Memberships when converted to a Premium or Featured Professional Membership will be allocated based on the number of months remaining on the contract period, beginning with the month following receipt of the Paying Users request to change from Premium or Featured Search Membership to Premium or Featured Professional Membership, but may be subject to adjustment according to current product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. No refunds will be provided. Paying Users may change current membership level to a lower membership by clicking to "Downgrade/Cancel Membership" under the "Billing Center" within the MyAccount section of the website. No refunds will be provided.

Paying Users have the right to purchase certain other LuxuryProperty.com products or services on LuxuryProperty.com at discounted prices to the then-prevailing list price for these products or services ("Discount Prices"). In order to be eligible for the Discount Prices, your Premium or Featured Subscription must be current and active, in good standing, and not have any outstanding delinquent charges. LuxuryProperty.com products and services offered on LuxuryProperty.com available for the Discount Prices are advertising products and services.

Single Term Purchases

Customer acknowledges that fees paid for each and every single term purchase item, including Home Page Feature, Featured Footer Advertising, Video Advertising, and other Banner Advertising are specific to that purchase item, are non-refundable, and may not be applied to another single term purchase item or subscription purchase.

Unsolicited Commercial Email (Spam)

LuxuryProperty.com prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use email services that the Company offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. LuxuryProperty.com has the right to revoke the privileges of any customer or company that breaches these terms.

FEDERAL CAN-SPAM ACT

You may not harvest email addresses from the LuxuryProperty.com for the purpose of sending email; doing so is illegal under the Federal CAN-SPAM Act. If you believe you have received spam as a result of your email address being published on the LuxuryProperty.com site, please forward any and all spam messages along with a note indicating such to Support[at]LuxuryProperty.com. LuxuryProperty.com will use these messages to pursue law enforcement action against parties who send unwanted or deceptive email to its website’s users.

Ownership and License Grant

NICHE technologies, Inc. retains all rights (including Intellectual Property Rights as defined below), title and interest in LuxuryProperty.com and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of LuxuryProperty.com technology or delete or alter author attributes or copyright notices. Customer shall use the LuxuryProperty.com system solely for their own use and shall not allow others to use the LuxuryProperty.com system under or through that Customers login ID/email and password. No part of LuxuryProperty.com may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, either electronic or mechanical, without the written prior consent of LuxuryProperty.com, the respective content suppliers, and/or licensees. You may not use spiders and other search robots on LuxuryProperty.com. Your use of spiders or search robots in violation of these Terms and Conditions of Use may be a violation of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 et seq., state or other federal law. LuxuryProperty.com shall take all actions it deems necessary to enforce its rights.

Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

SUBMISSIONS

LuxuryProperty.com welcomes suggestions, comments and other submissions from the users of the LuxuryProperty.com site. Any comments, suggestions, ideas or any other materials submitted to us (collectively, the "Submissions"), will become our property upon its submission. LuxuryProperty.com shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions shall be subject to any obligation of confidence on the part of LuxuryProperty.com, and LuxuryProperty.com shall not be liable for any use or disclosure of any Submissions. Notwithstanding the foregoing, any personal information you submit to LuxuryProperty.com through the pages located on this site will be held in confidence by us as set forth in our Privacy Policy. This submissions policy is intended to avoid the possibility of future misunderstandings when projects developed by LuxuryProperty.com staff might seem to others to be similar to their own creative work. Limitation of Liability and Indemnification

IN NO EVENT SHALL LUXURYPROPERTY.COM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and LuxuryProperty.com entire liability under this Agreement shall be a refund to Customer of the fees paid to LuxuryProperty.com hereunder, and in no event will LuxuryProperty.com liability for any reason exceed such fee. The Company (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customers use of the Deliverables, and Customer shall indemnify LuxuryProperty.com (and LuxuryProperty.com officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys fees) as a result of a claim by any person other than Customer arising from Customers use or application of the Services or the Deliverables.

Warranty Disclaimers

THE LISTINGS AND SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LUXURYPROPERTY.COM MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS OR SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND LUXURYPROPERTY.COM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED KINGDOM, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.

Links to Third Party Sites

This website may contain hyperlinks to other websites operated by parties other than Luxurio Inc. and its subsidiaries which are beyond LuxuryProperty.com control. Parties other than LuxuryProperty.com may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use LuxuryProperty.com logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the LuxuryProperty.com site. LuxuryProperty.com does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. LuxuryProperty.com does not assume any liability for the actions, product, and content of all of these and any other third parties. LuxuryProperty.com makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party websites. When you click on a link that leaves the LuxuryProperty.com site, the site you will land on is not controlled by LuxuryProperty.com and different terms of use and privacy statements may apply. LuxuryProperty.com also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

Other Rights of LuxuryProperty.com

Customer agrees that LuxuryProperty.com shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by LuxuryProperty.com customers and partners. LuxuryProperty.com shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. LuxuryProperty.com shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. LuxuryProperty.com reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted on this page on http://www.LuxuryProperty.com.

Content Guidelines

LuxuryProperty.com requires all Users to abide by the Content Guidelines. Upon receipt by LuxuryProperty.com of notice of the aforementioned violations, the content in question will be reviewed and may be removed from LuxuryProperty.com. Appropriate authorities may be notified.

To report content violations please email: Support[at]LuxuryProperty.com

Content violations include:

  • Child pornography or exploitation
  • Dangerous or illegal acts including but not limited to incitement to violence, animal abuse or drug abuse
  • Unlawful, obscene, defamatory or libelous material
  • Any sexually explicit content including but not limited to images of rape, bestiality, intercourse, masturbation, sadistic or masochistic abuse, explicit depiction of male or female genitalia or pubic areas, pedophilia or necrophilia
  • Abuse, drug abuse, or bomb making
  • Graphic or gratuitous violence - people getting hurt, attacked, or humiliated
  • Gross-out videos of accidents, dead bodies or similar things
  • Hate speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity
  • Predatory behavior, stalking, threats, harassment, invading privacy, or the revealing of other members personal information.

Copyright Complaints

If you believe that your work has been copied onto LuxuryProperty.com in a way that constitutes copyright infringement, please provide LuxuryProperty.com copyright agent the written information specified below. Please note that this procedure is exclusively for notifying LuxuryProperty.com that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on LuxuryProperty.com, with identifying information for the listing, if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.

Address for LuxuryProperty.com copyright agent:
PO Box 630425
Highlands Ranch, CO 80163

Governing Law

This Agreement, and the Deliverables provided by LuxuryProperty.com, shall be governed by the laws of the State of Colorado, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Denver County, Colorado for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.

SEVERABILITY

The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in the jurisdiction where the provision was held to be invalid or unenforceable.

Assignment

This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of Luxurio, Inc., which retains the right to withhold consent in its sole discretion.

Notices

All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at LuxuryProperty.com.

Entire Agreement

The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.



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