terms of use

Modern Luxe Creative is a boutique design studio creating carefully crafted brands and websites that turn heads. The services offered by Modern Luxe Creative include the Modern Luxe Creative websites located at www.modernluxecreative.com or any sub domain of www.modernluxecreative.com (the “Modern Luxe Creative Website”), and any other feature, content or applications offered from time to time by Modern Luxe Creative in connection with the Modern Luxe Creative Website (collectively, the “Modern Luxe Creative Services”). 
 
These Terms of Use (this “Agreement”) set forth the legally binding terms for your use of Modern Luxe Creative Services. By using Modern Luxe Creative Services, whether as a “Reader” (those who browse Modern Luxe Creative Website) or as a “User” (those who have registered with Modern Luxe Creative Website or have purchased Modern Luxe Creative Services), you agree to be bound by this Agreement and Modern Luxe Creative privacy policy. This Agreement includes your rights, obligations and restrictions regarding your use of Modern Luxe Creative Services, so please read it carefully. If you do not agree with the Terms of this Agreement, you should discontinue use of Modern Luxe Creative Services immediately. If you wish to become a User, submit content, video or images, communicate with other Users and generally make use of Modern Luxe Creative Services, you must read this Agreement and by using Modern Luxe Creative Website or registering with us, you are agreeing to comply with this Agreement. 
 
Modern Luxe Creative may modify this Agreement from time to time and each modification will be effective when it is posted on the Modern Luxe Creative Website. You agree to be bound to any changes to this Agreement through your continued use of the Modern Luxe Creative Services. You will not be notified of any modifications to this Agreement, so it is important that you review this Agreement regularly to ensure you are updated of any changes. 
 
We urge you to think before you upload or submit content. This Agreement permits you to upload to or submit to Modern Luxe Creative Services only photos or other content that you own the copyright to or otherwise have the right to publish. By uploading or submitting photos or other content that you do not own the copyright to or do not otherwise have the right to publish, you may subject yourself to legal liability. It is your responsibility to ensure you have adequate rights to publish to Modern Luxe Creative Services all photos and other content you post.

AFFILIATE DISCLOSURE

Modern Luxe Creative may use affiliate marketing links and receive a commission based upon sales made from them. Such revenue helps keep our website running without compromising its content or passing the cost onto you. You are not obligated to click on any link or buy any products that are advertised on Modern Luxe Creative Website. You assume all risks, and you agree that Modern Luxe Creative cannot be held liable in any way for any program, product or service that is promoted, marketed, shared or sold on or through Modern Luxe Creative Website. Please conduct appropriate research and use your own best judgment before participating in or purchasing from any third party offers.

ELIGIBILITY

Use of Modern Luxe Creative Services is void where prohibited. By registering, you (i) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, and (ii) agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Modern Luxe Creative Services and all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

TERM

This Agreement shall remain in full force and effect while you use Modern Luxe Creative Services or are a User. Modern Luxe Creative may terminate your use of Modern Luxe Creative Website or Modern Luxe Creative Services, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you.

NON-COMMERCIAL USE BY MEMBERS

Modern Luxe Creative Services are for the personal use of Readers and Users only and may not be used by you in connection with any commercial endeavors except those that are specifically endorsed or approved by Modern Luxe Creative. Illegal and/or unauthorized use of Modern Luxe Creative Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Modern Luxe Creative Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of Modern Luxe Creative Services.

USER CONTENT

Modern Luxe Creative does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) that you upload to or submit to Modern Luxe Creative Services. You represent and warrant that you own the User Content submitted by you to Modern Luxe Creative Services or that you otherwise have sufficient right, title and interest in and to such User Content to grant Modern Luxe Creative the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through Modern Luxe Creative Services. 
 
If part or whole of your submission is accepted by Modern Luxe Creative, you hereby grant to Modern Luxe Creative a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, display, reproduce, adapt, modify, re-arrange, and distribute your User Content through any manner, mode of delivery, or media now known or developed in the future. Where possible, photographs used on Modern Luxe Creative Services and in any Modern Luxe Creative publication will include attribution to the photographer and/or copyright holder. 
 
This license will terminate at the time you remove your User Content from Modern Luxe Creative Services except as to any User Content that Modern Luxe Creative has sub-licensed prior to your removal of your User Content from Modern Luxe Creative Services, which license shall continue in perpetuity. Modern Luxe Creative will not remove any features from Modern Luxe Creative Services once they are published, but you may request for your User Content to be removed. To remove User Content, please send a request to hello@modernluxecreative.com and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on Modern Luxe Creative Website. We will remove the item(s) as quickly as possible. 
 
Modern Luxe Creative Services contain Content owned by Modern Luxe Creative (“Modern Luxe Creative Content”). Modern Luxe Creative Content is protected by copyright, trademark, and other laws, and Modern Luxe Creative owns and retains all rights in Modern Luxe Creative Content and Modern Luxe Creative Services. Modern Luxe Creative hereby grants you a limited, revocable, non-sub-licensable license to view Modern Luxe Creative Content (excluding any software code) solely for your personal use in connection with viewing Modern Luxe Creative Website and using Modern Luxe Creative Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Modern Luxe Creative Content appearing on or through Modern Luxe Creative Services. 
 
Modern Luxe Creative Services contain Content of other Users and other Modern Luxe Creative licensors (“Third Party Content”) and you are permitted to access the Third Party Content solely for your personal use in connection with viewing Modern Luxe Creative Website and using Modern Luxe Creative Services pursuant to the terms contained herein. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Third Party Content appearing on or through Modern Luxe Creative Services.

CONTENT UPLOADED OR SUBMITTED

Please choose carefully the User Content that you upload to or submit to Modern Luxe Creative Services and that you provide to other Users as you are solely responsible for your User Content and for any liability that may result from the User Content you post. You expressly agree that you will not upload to or submit to Modern Luxe Creative Services or any User Content that violates this Agreement or that is contrary to the purposes of Modern Luxe Creative Services, that may be offensive, illegal or violate the rights of, harm, or threaten the safety of any person, or that presents any business or individual in a negative light. You further agree that you will not upload to or submit to Modern Luxe Creative Services any photographs or video containing nudity, or obscene, lewd, violent, harassing, libelous, sexually explicit or otherwise objectionable subject matter or any content owned by third parties for which you do not have the right to post, display or publish. 
 
Modern Luxe Creative does not endorse or guarantee the accuracy, efficacy, or veracity of the User Content posted by you or other Users. You acknowledge that we have no way to monitor all User Content that is uploaded to Modern Luxe Creative Website and that despite our reasonable efforts to ensure that all User Content is consistent with the purposes of Modern Luxe Creative Services, Users may post User Content that contains illegal, inaccurate, libelous, inappropriate, offensive or sexually explicit material, products or services, and Modern Luxe Creative assumes no responsibility or liability for this material. Modern Luxe Creative makes no warranties, express or implied, as to any aspect of the User Content uploaded by you or other Users or to the reliability of the User Content or any material or information that you or other Users transmit to other Users or Readers via Modern Luxe Creative Services. If you become aware of any inappropriate User Content on Modern Luxe Creative Services or any misuse of Modern Luxe Creative Services by any person, please contact Modern Luxe Creative at hello@modernluxecreative.com.

PROHIBITED CONTENT

Modern Luxe Creative reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate for Modern Luxe Creative Services and to remove any User Content, without notice or liability to you, which it determines to be inappropriate.

COPYRIGHT POLICY

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Modern Luxe Creative or others (including without limitation Third Party Content or Modern Luxe Creative Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. If we become aware that one of our Users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that User. Without limiting the foregoing, if you believe that your work has been copied and posted on Modern Luxe Creative Services in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on Modern Luxe Creative Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) 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 owner’s behalf.

USER DISPUTES

You are solely responsible for your interactions with other Modern Luxe Creative Users. Modern Luxe Creative reserves the right, but has no obligation, to monitor disputes between you and other Users and to immediately terminate the privileges of any User for any reason or for no reason.

PRIVACY

Use of Modern Luxe Creative Services is also governed by our privacy policy and incorporated into this Agreement by this reference.

PROMOTIONS AND GIVEAWAYS

From time to time, Modern Luxe Creative will offer sweepstakes, promotions or giveaways on behalf of third parties. Each promotion or giveaway will have its own rules that will disclose what information is gathered, how that information is used, and who that information is shared with. Modern Luxe Creative encourages you to review such information prior to engaging with each sweepstakes, promotion or giveaway.

DISCLAIMER OF WARRANTIES

Modern Luxe Creative Service is provided to you on an “as is” and “as available” basis without representations or warranties of any kind and Modern Luxe Creative expressly disclaims any and all implied or statutory warranties to the maximum extent permitted by applicable law, including without limitation implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. No advice or information, whether oral or written, obtained by you from Modern Luxe Creative Website or Modern Luxe Creative Services shall create any warranty not expressly stated in the Terms of Use. 
 
Without limiting the generality of the foregoing, Modern Luxe Creative is not responsible for any incorrect or inaccurate Content posted on Modern Luxe Creative Website or in connection with Modern Luxe Creative Services. User Content created and posted on Modern Luxe Creative Website may contain links to other websites. Modern Luxe Creative is not responsible for the accuracy or opinions contained in User Content or on third party websites linked from User Content. Such websites are in no way investigated, monitored or checked for accuracy or completeness by Modern Luxe Creative. Inclusion of any linked website on Modern Luxe Creative Services does not imply approval or endorsement of the linked website by Modern Luxe Creative. When you access these third-party sites, you do so at your own risk. Modern Luxe Creative takes no responsibility for third party advertisements which are posted on this Modern Luxe Creative Website or through Modern Luxe Creative Services, nor does it take any responsibility for the goods or services provided by its advertisers. Modern Luxe Creative is not responsible for the conduct, whether online or offline, of any User of Modern Luxe Creative Services. Modern Luxe Creative 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 communication or any Content. Modern Luxe Creative 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 or players due to technical problems or traffic congestion on the Internet or on any of Modern Luxe Creative Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with Modern Luxe Creative Services. Under no circumstances shall Modern Luxe Creative be responsible for any loss or damage, including personal injury or death, resulting from use of Modern Luxe Creative Services, attendance at a Modern Luxe Creative event, from any Content posted on or through Modern Luxe Creative Services, or from the conduct of any Users of Modern Luxe Creative Services, whether online or offline. Modern Luxe Creative cannot guarantee and does not promise any specific results from use of Modern Luxe Creative Services.

LIMITATION OF LIABILITY

In no event shall Modern Luxe Creative or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Modern Luxe Creative be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of Modern Luxe Creative Services, even if Modern Luxe Creative has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Modern Luxe Creative’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, paid by you to Modern Luxe Creative for Modern Luxe Creative Services during the term of your use. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Modern Luxe Creative shall not be liable for User Content or for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Some jurisdictions do not allow limitations or implied warranties or the exclusion or limitation of liability for incidental or consequential damages. Accordingly, some of the limitations may not apply to you.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

DISPUTES; CHOICE OF LAW; VENUE

If there is any dispute about or involving Modern Luxe Creative Services, you agree that the dispute shall be governed by the laws of the United States, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction. Effective April 1, 2015, if there is any dispute about or involving Modern Luxe Creative Services, you agree that the dispute shall be governed by the laws of the United States, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction. You hereby waive to the maximum extent permitted by applicable law, any claim that such courts constitute an inconvenient venue.

INDEMNITY

You agree to indemnify and hold harmless Modern Luxe Creative, and any parent, subsidiary, and affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner and operator, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your use of Modern Luxe Creative Services in violation of this Agreement and/or arising from: (i) your use of and access to Modern Luxe Creative Website; (ii) your violation of any term of these Terms of Use; (iii) your use of Modern Luxe Creative Services in violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of Modern Luxe Creative Website and/or Modern Luxe Creative Services.

OTHER

This Agreement is accepted upon your use of Modern Luxe Creative Website or any of Modern Luxe Creative Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Modern Luxe Creative regarding the use of Modern Luxe Creative Services. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law.

WAIVER AND SEVERABILITY OF TERMS

The failure of Modern Luxe Creative to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. 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. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Modern Luxe Creative Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

VIOLATIONS

Please report any violations of these Terms of Use to us by emailing us at hello@modernluxecreative.com. 
 
Last Updated: July 10, 2017.

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