MEMBERSHIP TERMS OF SERVICE
PLEASE READ THESE TERMS CAREFULLY. IN THEM YOU GRANT LUXURY LIFESTYLE AGENCY IMPORTANT RIGHTS.
BY REGISTERING FOR MEMBERSHIP, ACCESSING, BROWSING OR USING THE WEBSITE OR OTHER PLATFORMS OF LUXURY LIFESTYLE AGENCY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE FOLLOWING TERMS OF SERVICE, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS MADE BY LUXURY LIFESTYLE AGENCY.
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT REGISTER FOR MEMBERSHIP AND USE OF THE SERVICES ON THIS SITE.
Welcome to LUXURY LIFESTYLE AGENCY, a private community of selected members (the “LLA Service” or “LLA”), operated by LUXURY LIFESTYLE AGENCY.
This agreement (together with any documents referred to in it) describes the Membership Terms of Service (the “Terms of Service” or “Terms”) for membership in LLA in general, as well as for the use of the LLA Services, whether such services are available online, offline or via mobile networks.
Membership in LLA and the use of the LLA Services, including, but not limited to, at www.luxurylifestyleagency.com and other digital applications (collectively, the “Website”) confirms that You, a user of at least eighteen (18) years of age (“You”), have read, understood and accepted these Terms of Service and that You agree to be legally bound by them.
Members of the LLA Services are referred to individually as a “Member” and collectively as “Members.” If You do not agree to these Terms of Service, please refrain from applying to membership.
INTRODUCTION AND YOUR AGREEMENT TO THESE TERMS OF SERVICE
TABLE OF CONTENTS
1. MEMBERSHIP ELIGIBILITY
By using the Website and LLA Service, You represent that You are at least eighteen (18) years of age.
By registering to use, or using the LLA Service and Services, You represent that You have never been convicted of a felony and have never been required to or are not currently registered as a sex offender with any government entity. LLA reserves the right to perform criminal background screenings to confirm your compliance with these terms.
Use of the LLA Services and LLA’s membership are not available to the general public and require an approval from LLA. Already registered Members are expected to invite only respected persons within their own real-world communities and not individuals who might bring discredit to or harm the reputation of LLA and our community.
By having a membership account with LLA and for the use of LLA Services, you acknowledge that you meet our requirements for membership. As a member, you may not have more than one membership account, nor may you open an alternative account if your membership is suspended, restricted or terminated for any reason. You may not share, sell, trade or transfer a membership account to another person, nor accept an invitation for or use an account that was not originally yours. If an account violates these conditions, the account will be terminated immediately.
You may not use a pseudonym or alias when registering for membership. The use of aliases or pseudonyms as user name is authorized and encouraged for future log-in purposes after declaring them in your registration form and after your registration request has been accepted and notified by LLA. You agree that all the information you provide about yourself in your personal profile or in any other area of the site is and remains truthful and accurate. Misleading or false information is sufficient reason for us to terminate your account. LLA reserves the right to verify the authenticity of your identity and personal profile information using publicly available records and by requesting from you proof of identification or other relevant documents. You agree that LLA will have no liability arising from any information that is incorrectly verified.
By registering to use and while using the LLA Services, you represent that You are not a competitor of LLA or affiliated in any way to a competitor and that You are not using the LLA Service for reasons that are in competition with LLA.
As an individual member of LLA, You warrant that You are using the site as a private individual for private use, and not on behalf of or representing any form of a commercial entity, corporation or other business organization. As a business or legal entity willing to become a member of LLA, you shall obtain our prior express consent when registering for membership.
You represent that You have full authority and capacity to use the LLA Service and to agree to be bound by these Terms, and that agreeing to these Terms will not violate any other agreement to which You are bound.
You agree that You will not violate any trademark rights, copyright, intellectual property or any other rights of LUXURY LIFESTYLE AGENCY, nor shall You violate these Terms.
For parents. The following are some resources that may help You in monitoring and limiting Your children’s access to certain types of material on the Internet. While LLA does not endorse these products, we provide information about them as a public service to our Members: OnGuard Online, maintained by the Federal Trade Commission, Control Kids dot Com; Cyber Sitter.
2. CONDITIONS OF MEMBERSHIP AND YOUR USE OF THE LLA SERVICES
You understand and agree that Your use of the LLA Services must be in accordance with these Terms of Service, and we may deny, suspend, restrict or terminate service or membership without prior notice if You fail to comply with them.
English is the official language of the Website, as it is the most commonly shared second language of LLA Members, and thus the most inclusive language. We urge You to use English only and be respectful.
You must treat Your username and password as confidential and must not disclose it to any third party. Unless, you log-in using a third part social media account, we have the right to disable any username or password at any time to safeguard Your account and the Website from security threats, or, if in our opinion, You have failed to comply with any of the provisions of these Terms.
You are responsible for making all arrangements necessary, at Your cost, for You to have access to the Website. You are also responsible for ensuring that all persons who access our Website through Your Internet connection are aware of these Terms of Service, and that they comply with them.
We provide a platform and environment for connecting with services and information and not for connecting members online. Members shall not enter into agreements with other Members through the LLA Services. Therefore, we cannot be a contracting party to these agreements and be held liable or accountable regarding these agreements. We urge You to be truthful in all of Your communications.
You are solely responsible for and assume all liability regarding any information or content You or Your account publishes, or otherwise makes available to LLA.
You are solely responsible for and assume all liability regarding any interactions between You and other Members through the Services, both within the Website and offline (ie: events organized by LLA)
We reserve the right to remove any content posted by You or other Members at our sole discretion for reasons including, but not limited to, that it is unlawful, threatening, libelous, defamatory, fraudulent, obscene or otherwise objectionable, or because it may infringe or violate any third party’s intellectual property, privacy or other rights.
While we do our best to monitor the content of the Website, You understand and agree that You may encounter material that You find objectionable, and that You use the Website with this understanding and acceptance, and will not seek to hold us liable in any manner.
We do not endorse, support, or ensure the accuracy, truthfulness, or reliability of any content generated on or offline by Members, nor do we endorse any opinions expressed by Members.
By posting or submitting content or information on the Website, You automatically grant LLA a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right to display such content on the Website and throughout the LLA Service.
You accept that LLA may post photographs showing You from, and other content related to, official LLA Events on the LLA public Website pages, which are therefore available to non-members.
You accept that LLA may make available new “beta” features on the LLA Service, which Members may test or with which they may experiment. These “beta” features or tools may be modified or discontinued by LLA at any time without notice, and are offered without any warranty of any kind. These Terms apply in full to any such beta features or tools. You also accept that LLA may post content of an experimental nature to ensure the functionality of the Website or to assist members in troubleshooting. You accept that LLA may also create testing and guest accounts.
LLA makes no representations as to the duration of the Website, membership and/or the LLA Services and reserves the right to suspend, limit or terminate the Website, membership and/or the LLA Service(s) at any time without notice.
Except with LLA’s prior, written consent, You may not, directly or indirectly, use LLA’s name in connection with any event, whether such event is held offline or online.
LLA reserves the right to remove or cancel, at any time any offers, promotions, member privileges or events presented to You by LLA or any LLA partner.
You assume all risk when using the LLA Services, including but not limited to any risks associated with offline interactions with Members, any other individuals introduced by Members offline or any individuals met at an LLA event. You agree to take all necessary precautions when meeting Members, any other individuals introduced by Members or any individuals encountered at an LLA event.
3. MEMBERSHIP FEE, AUTORENEWAL
The LLA Membership Term is annual and free of charge, commencing from the date of first registration acceptance and lasting one calendar year. Once created, Your profile remains private and not accessible online to others. Your profile information and details are stored in servers located in Europe and in the United States.
The LLA Membership Fee is therefore non refundable and may not be charged back under any circumstances. Members will not be refunded if LLA withdraws or modifies any offers, promotions, LLA events, member privileges, or other benefits.
Your Membership will renew automatically commencing on the day after the anniversary of the last day of the calendar month in which Your Membership was accepted and notified to you by LLA.
Your Membership Renewal is free of charge and therefore non refundable and may not be charged back under any circumstances.
LLA reserves the right to review and change the Membership Fee at any time. Changed fees are only applicable
for new membership registration and not upon renewal of already registered members.
Should You wish to return to LLA before Your membership expiry date, after terminating Your account of Your own volition, we will not be able to rebuild your account and you shall apply again for membership without the ability to vow any of your previous privileges.
Fees and conditions related to events are subject to separate terms outlined in Events Terms or on third-party platforms selected to present and promote these events.
In the event that a credit card chargeback is placed on Your purchase(s) of LLA Services, You will have breached this agreement and Your account will be terminated.
4. YOUR MEMBERSHIP RESPONSIBILITIES
We wish to have a friendly, intimate and secure community for our Members. When using the Website, our members have the expectation of privacy and confidentiality. We are a community of global diversity, with Members from nearly every culture and country. Expectations and behavior will be equally diverse, so to help provide a comfortable environment for all members, we have rules. Your use of the LLA Service confirms that You understand, accept and will follow these rules.
Trust and confidence are paramount when using the LLA Services. Falsely misrepresenting Your identity by using of a pseudonym or alias during the registration process or using a username/alias/pseudonym different from those registered for application and already validated by LLA, will result in Your member account being suspended, restricted or terminated.
You will, at any time, have a current email address entered into your private profile in order for LLA to be able to contact you with notifications, communications and other information.
You will promptly report to LLA any violation of these Terms by other Members you would have introduced to Us. You also agree to report any violation of this agreement by Yourself or conducted through Your account.
Invitations to individuals to become Members can be sent only to people You know personally. You must use the invitee’s real name and add our contact email address in copy of your invitation message. Members whose accounts were terminated by LLA will not be able to reinstate a membership at any point. Invitations to terminated members will not be able to be accepted. Exceptions may only be granted with our express permission.
You may not monitor, data-mine, or copy our web pages or any content within the site, nor collect, archive, trade or sell any personal data or communications about other members you shall meet offline during events.
The use of any robot, spider, site search or retrieval application, or any other method or device to copy, retrieve, archive or index any portion of the Website or the LLA Service is not permitted.
You may not distribute, display or publish in any form, electronic or print, any content from the Website, the LLA Services or the names of any other Members without LLA’s express, written consent, nor can You share, transmit or sell any content of the pages reserved to members with anyone for any reason.
We want to keep the LLA Service free from intrusions. You may not send or distribute unsolicited or unauthorized advertising, promotional materials, junk mail, chain letters, spam, pyramid schemes, or any other type of solicitation to anyone about LLA and dedicated member services and information, nor will You stalk, harass or unreasonably disturb any other member you shall meet offline during events.
You alone are responsible for the confidentiality and security of Your account's username, password and usage. You are also accountable for all activities regarding Your account, with or without Your knowledge or permission. If You knowingly provide Your login information to another person, Your membership may be suspended or terminated. LLA assumes no liability for activities of Your account accessed through Your password and username.
You may not use the LLA Services for any illegal purpose in any country or jurisdiction.
You cannot post content or initiate any communication that we consider libelous, scandalous, abusive, obscene, discriminatory, unlawful or otherwise objectionable. This includes content or statements that You may make online on a page, account or group hosted by a third-party website, such as social networks, including but not limited to Facebook, Twitter, LinkedIn, Instagram or Snapchat as well as offline at any LLA events. Doing so could result in termination of Your membership.
It is not permitted to make available any content or initiate communication that infringes upon the patents, trademarks, trade secrets, copyrights or other proprietary rights of third parties, whether personal, corporate or governmental
5. LLA MEMBER PRIVILEGES TERMS
LLA Member Privileges are not transferable and are available for redemption exclusively for subscribed and accepted LLA members. Misuse of access to privileges or attempts to share privileges with anyone may result in termination of membership.
LLA has the right to add, modify or eliminate any Member Privilege at any time. LLA does not guarantee the availability of any of its benefits and they are all subject to change at any time without notice. You accept that some Privilege Partners may make privileges unavailable during certain periods.
LLA’s Privilege Partners have their own terms and policies. Please be advised to read them on the website of any Privilege Partner. You agree to abide by our Privilege Partners’ terms and policies, including but not limited to: payment of all amounts when due, compliance with restrictions or rules regarding availability and occupancy, cancellation policies, child policies, pet policies or use of fares, products or services.
You accept that any violation of a Privilege Partner’s rules, restrictions, policies or terms may result in cancellation of Your redemption of privileges, denial of access to products and services, forfeiting any payments made for such benefits, or charging You for any costs we incur as a result of Your violation.
7. MEMBER LICENSE
Subject to Your acceptance of these Terms of Service, LLA grants You a limited, non-exclusive, nontransferable, revocable, royalty-free license to use the LLA Services and related software (excluding source and object code) for personal, non-commercial and lawful use on computers and other devices of which You are the primary user for purposes of registering for and accessing an account with the LLA Service. You agree that the LLA Service, services and information commercialized belongs to LLA, including all intellectual and proprietary rights, unless otherwise specified. LLA retains all right, title and interest in and to the LLA Service at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist.
Any suggestions, ideas or inventions that You voluntarily and optionally disclose to us through any means will be used, or not used, by LLA at LLA’s sole discretion; and, LLA will have no obligation to You regarding any ideas or inventions that You disclose through such means. No right, title or interest in or to any trademark, service mark, logo or trade name of LLA or its licensors, suppliers or affiliates is granted under the Terms of Service except as expressly provided in these Terms of Service. All other rights are reserved to LLA except as expressly provided herein. You agree not to use the LLA Service for any purpose other than as permitted herein.
8. ADDITIONAL POSTED RULES
When using the LLA Services, You will be subject to any additional guidelines or rules, which may be posted occasionally. All such are hereby incorporated by reference into these Terms. This includes, but is not limited to, the terms governing participation at official LLA Events.
9. MODIFICATION OF THESE TERMS OF SERVICE, THE MEMBERSHIP, THE WEBSITE AND/OR THE LLA SERVICE
LLA reserves the right, at our discretion, to change, modify, add, suspend, terminate or remove portions of these Terms of Service at any time. In such case, the notification procedure according to section 22 will apply.
LLA reserves the right to change or adjust membership criteria and/or to make changes in the existing membership at any given time. For any such changes the notification procedure according to section 22 will apply.
10. CONTENT DOWNLOADS
LLA and its licensors may make certain content available to You for download (for a fee or otherwise) from the LLA Services. All such content that You download or electronically sent to you shall be subject to the terms and conditions included with such content or otherwise presented to You at the time of order.
11. OWNERSHIP; PROPRIETARY RIGHTS
The Service is owned by LLA and operated by a global third part provider. All materials, visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the LLA Service provided by LLA (collectively, the “Materials”) are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the LLA Services are the property of LLA or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to LLA or its affiliates and/or third-party licensors. Except as expressly authorized by LLA, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. LLA reserves all rights not expressly granted in this Terms of Service. For the avoidance of doubt, any and all Derivative Works are Materials and are owned exclusively by LLA.
Postings on Other Websites. LLA may grant You a limited, revocable license in writing to post a link to LLA public area only on other websites (collectively “Permitted Link”) (including Your own and/or a third-party website that permits such posting), provided that:
the posting does not directly or indirectly disparage LLA, its affiliates, and/or licensors;
the third-party website is not granted any rights in or to any Permitted Link;
the third-party website does not charge a fee for access to the Permitted Link;
and the third-party website complies with all applicable laws. In addition, You agree that in connection with any such posting, You will include (and not alter) all copyright, trademark and/or proprietary rights notices. LLA expressly preserves all of its rights and remedies and may revoke this license, in whole or in part, at any time upon notice.
12. COPYRIGHT INFRINGEMENTS
It is our policy to respond to clear notices of alleged copyright infringement. Upon receipt of such compliant notice, LLA will expeditiously remove or disable access to the content that is the subject of the notice. The procedure for notification and counter-notification of infringement shall be as follows, however, subject to the mandatory applicable law.
Notification of Infringement. If You are a copyright owner or an authorized agent thereof, and You wish to file a notice of infringement with us, then You may submit a notice by providing LLA with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the LLA Services are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LLA to locate the material.
Information reasonably sufficient to permit LLA to contact You, such as an address, telephone number, and an email address at which You may be contacted.
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If You are unsure whether the material available online infringes Your copyright, we suggest that You contact an attorney before sending us a notice.
Counter-Notification. The administrator of an affected site or the provider of affected content may make a counter notification. If You elect to send us a counter notice, to be effective it must be a written communication that includes the following:
A physical or electronic signature of the subscriber.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Please note that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
To receive notifications and counter-notifications of claimed infringement, LLA can be reached through electronic correspondence.
For clarity, only such notices should go to above mentioned address of LLA. Any other feedback, comments, requests for technical support or other communications should be directed to LLA through electronic correspondence. You acknowledge that if You fail to comply with all of the requirements of this section, Your notice may not be valid.
Account Termination. In appropriate circumstances, LLA may promptly suspend, restrict and/or terminate, without notice, the accounts of infringers as determined in our sole discretion.
13. PROHIBITED CONDUCT
AS A MEMBER AND/OR BY USING THE LLA SERVICES YOU AGREE NOT TO (AND YOU AGREE NOT TO PERMIT ANOTHER PERSON YOU ENDORSED TO):
Use the LLA Services for any purposes other than as otherwise authorized in these Terms of Service;
Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or the Materials (as defined in Section 7);
Publish and distribute any defamatory, libelous or inaccurate Content about LLA;
Publish and distribute any content about LLA that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive or otherwise inappropriate;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the LLA Services accounts of others, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the LLA Services or perform any other similar fraudulent activity;
Impersonate a spokesperson employee or affiliate of LLA purporting to speak on behalf of LLA;
Delete any copyright, trademark or other proprietary rights notice on the LLA Services
Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Members of the LLA Services you shall meet during LLA’s events. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests and petitions for signatures;
Use the LLA Services for any illegal purpose, or in violation of any local, state, national or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
Defame, harass, abuse, threaten or defraud Members of LLA Services, or collect, or attempt to collect, personal information about Members or third parties without their consent, or use the LLA Services for any commercial use, it being understood that the LLA Services are for personal, non-commercial use only;
Harass, abuse, threaten, intimidate or otherwise annoy any LUXURY LIFESTYLE AGENCY employees, contractors or any third party involved in providing any portion of the LLA Services to You.
Use the LLA Services if You are under the age of eighteen (18) or allow anyone under the age of eighteen (18) to use the LLA Services via Your account;
Remove, circumvent, disable, damage or otherwise interfere with security related features of the LLA Services or content, features that prevent or restrict use or copying of any content accessible through the LLA Services or features that enforce limitations on the use of the LLA Services or Content;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of LLA Websites and members-privileged area and services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
Modify, adapt, translate or create derivative works based upon the LLA Services or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
Intentionally interfere with or damage operation of the LLA Services or any Member’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, hacks, automation software (bots); adware, spyware, worms, Trojan horses, keyboard loggers, time bombs and other malicious code and/or any other unauthorized third-party software;
Disclose the personal information of any person, including another person’s address, phone number, email address, financial information or any information that can be used to track, contact or impersonate another person; and
Engage in any conduct deemed by LLA to conflict with the intent of these Terms of Service.
14. YOUR ACCOUNT
The LLA Services are proposed to Members who are registered users of the Website.
Account. When You use the LLA Services, You may be asked to provide an identification. You are solely responsible for maintaining the confidentiality of Your account, username and password and for restricting access to Your computer and Social Profiles, and You agree to accept responsibility for all activities that occur under Your identification. You agree that the information You provide to LLA on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times.
If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify LLA. You may be liable for the losses incurred by LLA or others due to any unauthorized use of Your Service account. If You have more than one account on a third-party website through which You use the LLA Services, You can only access the LLA Services through the one declared upon registration
14.2 Payment of services, information and subscriptionS
We use global third-party platforms proposing secured payment on their own terms. Therefore, your payment details will not be stored in your member account.
15. OTHER SITES, PRODUCTS AND SERVICES; LINKS
The Service and Services may include links or references to other websites or services that are provided solely as a convenience to Members (“Other Sites”). LLA does not endorse any such Other Sites or the information, materials, products, or services contained on or accessible through Other Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the LLA Service are solely between You and such advertiser.
Please be aware that any merchandising sites linked to the LLA Service or Services are Other Sites and are not owned or operated by LLA or governed by these Terms. ACCESS AND USE OF OTHER SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH OTHER SITES IS SOLELY AT YOUR OWN RISK.
16. SUSPENSION, RESTRICTION AND TERMINATION; TERMS OF SERVICE VIOLATIONS
LLA. You agree that LLA, in its sole discretion, for good reason (including suspicion of illegal behavior or of breach of these Terms of Service), and without penalty, may suspend, restrict and/or terminate any account (or any part thereof) You may have with LLA or Your use of the LLA Services and remove and discard all or any part of Your account at any time. LLA may also in its sole discretion and at any time discontinue providing access to the LLA Services, or any part thereof, with or without notice. You agree that any suspension and/or termination of Your access to the LLA Service or any account You may have or portion thereof may be affected without prior notice, and You agree that LLA will not be liable to You or any third party for any such suspension and/or termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies LLA may have at law or in equity. As discussed herein, LLA does not permit copyright infringing activities on the LLA Service, and may suspend and/or terminate access to the LLA Services and to any Members who are found to be repeat infringers.
You. our only remedy with respect to any dissatisfaction with (a) the LLA Services, (b) any term of these Terms of Service, (c) any policy or practice of LLA in operating the LLA Services, or (e) any content or information transmitted through the LLA Services is to terminate these Terms of Service and Your account. You may terminate these Terms of Service at any time by deleting Your account with the LLA Services and discontinuing use of any and all parts of the LLA Services. Notwithstanding any such termination of these Terms of Service by You, any provision that, by its nature or express terms, should survive, will survive such termination or expiration.
Discontinuation of the LLA Service. LLA MAY IN ITS SOLE DISCRETION AND AT ANY TIME LIMIT OR DISCONTINUE PROVIDING ACCESS TO THE LLA SERVICE, OR ANY PART THEREOF, WITH OR WITHOUT NOTICE. YOU ACKNOWLEDGE AND AGREE THAT LLA WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DISCONTINUATION OF YOUR ACCESS TO THE LLA SERVICE, MEMBER POSTINGS, AND/OR YOUR ACCOUNT.
17. IDEA SUBMISSION POLICY
LLA may, from time to time, accept or consider Member feedback and/or Member ideas, including, without limitation, ideas or suggestions for new or improved features on the LLA Service (collectively “Ideas”). If You choose to submit Your Ideas to us or to any of our employees and/or contractors, then You hereby grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import Your Ideas, including, without limitation, all copyrights, trademarks, trade secrets, patents, industrial rights and all other intellectual and proprietary rights related thereto, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, including, without limitation, giving the Ideas to others. In the event that LLA incorporates Your Ideas or adopts a feature, product or strategy that may be similar, You acknowledge that You shall not make any claims against LLA in connection therewith, and shall fully indemnify LLA if, despite Your agreement not to pursue any claims against LLA, You choose to do so. Please remember that You have no obligation to submit any ideas to LLA and, if You do submit anything to us, You have no expectation of credit or compensation of any kind. If You don’t agree with this, please do not submit any ideas or materials to LLA.
18. CONTESTS, GAMES AND PAID SERVICES
You agree to indemnify, save, and hold LLA, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, partners and their affiliated companies, contractors, employees and agents harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the LLA Services, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. LLA reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify LLA and its third-party suppliers, licensors and partners, and You agree to cooperate with LLA’s defense of these claims. LLA will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
20. DISCLAIMERS; NO WARRANTIES
No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LLA, AND ITS THIRD-PARTY ENTITIES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL WITH REGARDS TO THE WEBSITE AND YOUR USE THEREOF. NO ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, OBTAINED BY YOU FROM LLA OR THROUGH THE LLA SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 20 OF THESE TERMS, LLA INCLUDES LLA’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSEES, LICENSORS, THIRD PARTIES ENTITIES AND SUBCONTRACTORS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS.
“As is” and “As available” and “With All Faults.” YOU EXPRESSLY AGREE THAT USE OF THE LLA SERVICES IS AT YOUR SOLE RISK. THE SERVICE AND ANY DATA, INFORMATION, SERVICES, THIRD-PARTY SOFTWARE, CONTENT, THIRD PARTY SITES AND SERVICES OR PRODUCTS, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
Content. LLA, ITS SUPPLIERS, LICENSEES, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION PROPOSED ON OR THROUGH THE SERVICE OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
Accuracy. LLA, ITS SUPPLIERS, LICENSEES, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR ANY THIRD PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICE (INCLUDING RSS FEEDS) OR ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
21. LIMITATION OF LIABILITY AND DAMAGES
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, WILL LLA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSEES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE OR ANY THIRD PARTY SITES, OR ANY OTHER INTERACTIONS WITH LLA, EVEN IF LLA, ITS THIRD-PARTY PARTNERS, LICENSEES, LICENSORS, OR SUPPLIERS OR AN LLA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LLA’S LIABILITY, AND THE LIABILITY OF ITS THIRD-PARTY PARTNERS, LICENSEES, LICENSORS OR SUPPLIERS, IF ANY, WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability regarding default of Privilege Partners and licensors. LLA WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE DEFAULT OF ANY PRIVILEGE PARTNER OR LICENSOR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LLA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Damages. IN NO EVENT WILL LLA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSEES, LICENSORS OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE OR YOUR INTERACTION WITH OTHER SERVICES MEMBERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED ONE HUNDRED EUROS.
Other Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN LLA AND RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY THIRD PARTY SITES.
Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT LLA HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND LLA AND ITS THIRD-PARTY PARTNERS AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND LLA. LLA WOULD NOT BE ABLE TO PROVIDE THE LLA SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Limitations by Applicable Law. SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.
Notification. LLA may provide You with notifications, including those regarding changes according to section 9 and regarding the suspension/restriction and/or termination of Your account, by email, regular mail or postings on the LLA Service (no postings in case of suspension/restriction and/or termination of Your account). Notification will be deemed given forty-eight (48) hours after an email is sent. If notification is given by mail to your postal address, if provided by You through the LLA Service, it will be deemed given ten (10) days after the date of mailing. Notifications posted on the LLA Service will be deemed given thirty (30) days following the initial posting.
Termination without notification. Notwithstanding section 22.1 LLA may terminate/restrict your account/membership with immediate effect and without notification period for good reason (at LLA’s sole discretion, c.f. section 15.1).
Acceptance of changes according to section 9. Unless You oppose the notified changes mentioned in section ç within the delay stipulated in section 22.1 by email, the changes will be deemed accepted by You upon expiry of the delay stipulated in section 22.1. Should your opposing result in LLA no longer being able to render its services at the desired level, LLA may terminate your account as set out in section 15 (this being a good reason).
Waiver. The failure of LLA to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by LLA.
Dispute Resolution, Arbitration and Jurisdiction.
Governing Law. These Terms will be governed by and construed in accordance with the laws of our country of incorporation.
Jurisdiction. You agree that with regard to any dispute arising between You and LLA out of or in connection with these Terms (including a dispute regarding the construction and validity thereof) the ordinary courts of our country of incorporation, shall have exclusive jurisdiction, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
Disputes with Other Members. If You have a dispute with other members you shall have encountered through our events, You release and indemnify LLA (including its affiliates, licensors, publishers, distributors, successors and assigns) from any and all claims, known or unknown, arising from such dispute.
LLA operates the Services from the country of its incorporation and makes no representation that the LLA Service is appropriate or available in other locations. If You access the LLA Services from other locations You are solely responsible for compliance with local laws.
Severability. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment. These Terms and related legal information published, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by LLA without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Survival. Upon termination of these Terms, any provision, which, by its nature or express terms should survive, will survive such termination or expiration.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. These Terms, the Legal Information Page and additional conditions of services constitute the entire agreement between You and LLA relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms, the Legal Information Page and additional conditions of services made by LLA as set forth in a previous section.
Claims. YOU AND LLA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE NOTIFIED TO THE OTHER PARTY WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclosures. Website service is hosted by a worldwide third party and members application are stored on secured servers established in Switzerland.