Terms & Conditions

Last updated December 15, 2014

 

All content on the site is the sole property of  unless otherwise noted, and may not be reproduced without our consent. 

The terms below describe the terms and conditions ("Terms of Use") that govern your use of all  digital products, including the website www.piqluxury.com offered by

(“us” or “we”).

 

 

GENERAL RULES AND DEFINITIONS

 

1.1 If you choose to use www.piqluxury.com any mobile sites or any of the features of this site (the “Site”), including but not limited to RSS, API, software and other downloads (collectively, the “Services”), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and PIQluxury.  However you access the Sites and Services, you agree to be bound by these terms and conditions.

 

1.2 We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and Services and by continuing to use this Site and Services, you agree to any changes.  We may change, suspend or discontinue any aspect of the Services at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

 

1.3 Your continued use of the Site and Services now, or following the posting of notice of changes in these operating rules, will indicate acceptance by you of such rules.

 

CONTENT OF THE SERVICES

 

2.1  The contents of the Services, including the Site, are intended for your personal, non-commercial use. All content, information and materials appearing on or deriving from the Services (including, but not limited to commentary, opinion, news articles, photographs, images, illustrations, audio clips, video clips, links), also known as the “Content”, are protected by copyright, and owned or controlled by Us including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto.

 

2.2  The Services and Content are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.

 

2.3  You may download or copy the Content and other downloadable items displayed on the Site or Services for personal use only,

 

or use by persons authorized by Us to access the Content, provided that you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print.

 

2.4  You will not sell, redistribute, retransmit, reproduce, display or otherwise provide access to the Content to any third party, nor modify or create derivative works from any Content.

 

ACCESS AND AVAILABILITY OF SERVICES AND LINKS

 

3.1  The Site or Services contain links to other related World Wide Web Internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.

 

DATA PROTECTION

4.1  Please see our Privacy Policy for details of how personally identifiable information is collected and may be processed or shared with others.

 

COMMUNICATIONS BETWEEN AND USERS

 

5.1   reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.

 

5.2   may contact you via e-mail regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties.

 

REGISTRATION AND SECURITY

 

6.1  As part of the registration or account creation process, you will create login credentials by selecting a password, providing an e-mail address and a valid credit card number. You also have to give us certain registration information, all of which must be accurate and updated.

 

6.2  Each registration is for the specific number of users as defined in the four subscription tiers on our website. You are not allowed to share your registration login credentials or give your login credentials to anyone else.

 

We may cancel or suspend your access to our Services if you share your login credentials.

 

DMCA NOTICE

 

7.1  If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:

 

(i)  identification of the copyrighted work or works claimed to have been infringed;

(ii)  identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;

(iii)  your contact information including name a address, telephone number, and, if available, an email address;

(iv)  a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the work, its agent, or the law;

(v)  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; and

(vi)  your physical or electronic signature;

’s designated copyright agent to receive notifications of claimed infringement is: contact@piqluxury.com. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

 

ADDITIONAL DISCLAIMERS

 

8.1  Visitors to the Site agree that their use of the Site is at their own sole risk. The Site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. We also make no representations and warranties as to any linked sites and We have no liability or responsibility with respect to your use of such sites.

 

8.2  This disclaimer of liability applies to any damages or injuries caused by the Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorized access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. We do not warrant or guarantee that access to the Site will be uninterrupted or error-free.

 

TERMINATION

9.1 We may, in our own and absolute discretion, terminate immediate the Terms of Use or cancel your use of the Service at any time and without notice, if you are in breach, in whole or in part, of any provision of the Terms of Use, including without limitation a default payment, insolvency, failure to respect the rate guarantee, providing erroneous Information to PIQluxury or PIQluxury's receipt of complaints against you from other users.

 

AMENDMENTS TO TERMS AND CONDITIONS

10.1 These Terms of Use may be amended from time to time by PIQluxury, in its sole discretion. In this event, we shall transmit a notice of amendment of the Terms of Use to you stipulating the condition(s) altered, removed or added. The modifications will become effective and enforceable immediately after the date of mailing of the notice of amendment ("Time Limit") if you do not object to such proposed amendments. You may object the amendment of the Terms of Use within the Time Limit.

 

RESPONSIBILITY LIMIT

11.1 IN NO EVENT SHALL EITHER PARTY BE LIABLE, UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF OR DAMAGE TO DATA, COST OF COVER, LOSS OF ANTICIPATED REVENUE OR PROFITS, WORK STOPPAGE OR IMPAIRMENT OF OTHER ASSETS, ARISING FROM OR IN CONNECTION WITH THE TERMS OF USE OF SUCH PARTY'S PERFORMANCE HEREUNDER, ANY DELAYS OR THE USE, MISUSE, OR INABILITY TO USE, IN WHOLE OR IN PART, THE PIQLUXURY WEBSITE OR SERVICES PROVIDED BY SUCH PARTY, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PIQLUXURY'S TOTAL LIABILITY ARISING FROM OR IN CONNECTION WITH THE TERMS OF USE AND THE SOFTWARE AND SERVICES PROVIDED BY SUCH PARTY, UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EXCEED FIFTY PERCENT OF THE TOTAL FEES, ACTUALLY PAID TO PIQLUXURY UNDER THESE TERMS OF USE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO THE LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF ANY EXCLUSIVE REMEDIES SET FORTH IN THESE TERMS OF USE.

 

APPLICABLE LAW

12.1 These Terms of Use shall be governed by the laws of the State of New York excluding its choice of laws provision. Any dispute or claims arising out of or connected with the interpretation, enforcement or termination of these Terms of Use shall be resolved amicably. If the parties fail to resolve their disputes within thirty (30) days of a claim, the parties agree to submit their dispute to the exclusive jurisdiction of the courts, state of federal, located in the State of New York in the county of New York. Each party waives its right to trial by jury and any defense of forum non conveniens or improper venue.

12.2 You acknowledge and agree that damages will not be an adequate remedy in the event of a breach of any of its obligations under these Terms of Use. You therefore agree that we shall be entitled (without limitation of any other rights or remedies otherwise available to PIQluxury and without the necessity of posting a bond) to obtain an injunction from any court of competent jurisdiction seeking specific performance or restraining or prohibiting the continuance or recurrence of any breach of the Terms of Use.

 

MISCELLANEOUS

13.1 Severability. If one or more provisions contained in the Terms of Use shall for any reason be deemed unenforceable in any respect, then such provisions will be severed from these Terms of Use and the other provisions of these Terms of Use will not be affected thereby.

13.2 Entire Terms of Use. The Terms of Use as amended from time to time. (i) constitutes the entire Terms of Use between the parties regarding its subject matter, (ii) supersedes all prior oral or written Terms of Uses, understandings, or communications between them with regards to such subject matter, and (iii) may only be amended or canceled or rescinded by a writing signed by both parties or as provided in Paragraph 14 above.

13.3 Counterparts. The Terms of Use may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties agree that the counterparts can be signed in facsimile or portable document format (PDF) and such signatures shall be deemed as valid as their original.

13.4 Independent Contractor. The parties agree that these Terms of Use does not create a de facto partnership, corporation, merger, or requires the pooling of any goods or services whatsoever. Each party is a separate entity and acts independently.

13.5 Notice. Any notice or other communication required or permitted under these Terms of Use shall be given in writing and shall be conclusively deemed effectively given upon personal delivery or delivery by courier, or on the first business day after transmission if sent by confirmed facsimile transmission or electronic mail transmission, or three (3) business days after deposit in the United States first class mail, by registered or certified mail, postage prepaid, addressed to the Party's address set forth in the Terms of Use or at such other address as each party may designate by ten (10) business days' advance written notice to the other Party in accordance with the Paragraph.

13.6 Assignment. The provisions of these Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns; provided, however, that neither Party may assign, delegate or otherwise transfer any of its rights or obligations under these Terms of Use without the prior written consent of the other Party, except that each Party may without the other Party's prior approval or consent (a) assign all or any portion of its rights under these Terms of Use to any bank or other entity in connection with a financing transaction, (b) sell all or substantially all of its assets, substantially all of its shares or a majority interest to an outside investor, (c) change the name of the company, or its corporate form, or (d) assign any all or any portion of its rights under these Terms of Use to a subsidiary, entity or affiliate in which the assigning party controls more than 50% of the voting rights.

13.7 Waiver. The waiver of any term of condition contained in the Terms of Use by any party shall not be construed as a waiver of any subsequent breach or failure of the same term or condition or a waiver of any other term or condition contained in these Terms of Use.

[END OF TERMS OF USE]