Terms and Conditions
© Luxury Topping is owned by Carlyle Consultants Limited., registered in England and Wales, No. 08077268. All rights reserved. By using this site, you agree to our Terms & Conditions. All content on the site is the sole property of Carlyle Consultants Limited., unless otherwise noted, and may not be reproduced without our permission.
TERMS AND CONDITIONS
Last updated 27 August 2013.
These Terms and Conditions govern your use of certain digital products owned by Carlyle Consultants Limited, including the website www.luxurytopping.com and mobile applications, offered by Luxury Topping (“us” or “we”).
GENERAL RULES AND DEFINITIONS
1.1 By choosing to use www.luxurytopping.com, any mobile sites and applications, 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 agree to abide by all of the terms and conditions of these Terms of Service between you and Luxury Topping. You agree to be bound by these terms and conditions however you access the Sites and Services,
1.2 We reserve the right to change, modify, suspend or remove any portion of these Terms of Service at any time. Such changes 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 made. We may change, modify, suspend or discontinue any part of the Services at any time. We may also limit 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 amendments to these Terms of Service, constitutes acceptance by you of such terms.
CONTENT ON THE SERVICES
2.1 The Site and the other contents of the Services are for your personal, non-commercial use. Any and all content, information and materials appearing on or emanating from the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips, video clips, links, forum posts, chat posts, messages, emails), also known as the “Content”, are protected by copyright, and owned or controlled by Luxury Topping. or the party credited as provider of the Content. You acknowledge that, as between Luxury Topping and you, Luxury Topping is the sole owner of all content on the Site and Services, 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 amend, modify, publish, transmit, participate in the sale or transfer of, reproduce (except as provided in clause 6 of these Terms of Service), 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 The Content and other downloadable items displayed on the Site or Services may be downloaded or copied for personal use only. This is, provided that you uphold and abide by any author attribution, copyright or trademark notice or restriction in any material that you print or download.
2.4 You will not sell, redistribute, retransmit, reproduce, display or otherwise pass on access to the Content to any third party, nor amend or create derivative works from any Content.
2.5 Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Luxury Topping, or the party credited as copyright owner of the Content. Except as expressly authorised by Luxury Topping, you are not allowed to produce a database in electronic or paper form consisting of all or part of the material appearing on the Site or Services.
3.1 Users of our site may be allowed to submit content for publication in various areas of the Luxury Topping Site and Services. By deciding to post any comments or content to the Luxury Topping Site or Services you will be held to consent to Luxury Topping terms and conditions.
3.2 When submitting content to us, you are agreeing that the content is created by you, or that you are authorised by, the owner of any part of the content to submit it to the Site or Services.
3.3 You or the owner of the content retain ownership of the copyright in the content submitted to us, but by submitting content to us (the “Submissions”), you are granting Luxury Topping a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for Luxury Topping or any third party it designates, to utilise, copy, transmit, excerpt, publish, distribute, display publicly, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed and on any platform either now known or hereinafter invented, any Submission posted by you on or to the Services or any other Web site owned by Carlyle Consultants Limited, including any Submission posted on or to the Services through a third party.
3.4 You accept that any Submissions you make to the Site or Services may be edited, removed, changed, modified, published, transmitted, and displayed by Luxury Topping and you surrender any rights you may have in having the material modified or changed in a way not agreeable to you. We retain the right to remove your content from use at any time. Submissions made to the Site or Services may also be included in our RSS feeds, APIs and be made available for republishing in other formats.
3.5 By submitting content you consent to its display and publication on the Site and in the Services and for related online and offline promotional uses.
3.6 We accept no liability in respect of any submissions from users, published by us or by authorised third parties.
3.7 You agree that when you post content on the Site or Services, or view content provided by others, you are doing this at your own discretion and risk. This includes any reliance on the accuracy or comprehensiveness of that content. You also agree that the opinions conveyed by you and other users in that content do not necessarily reflect the views of Luxury Topping, and we do not support or endorse any user content. You accept that we have no duty to pre-check, proof, monitor, review, or edit any content posted by you and other users on the Site.
3.8 You are solely and completely responsible for the content of your Submissions. However, while Luxury Topping does not and cannot review every Submission, Luxury Topping reserves the right to remove or edit Submissions that it, in its discretion, finds abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
3.9 You shall not upload, distribute or otherwise publish on to the Services any libelous, defamatory, offensive, obscene, pornographic, abusive, or otherwise illegal material.
3.10 You acknowledge that the technical processing and transmission of the Site may involve (i) transmissions over various networks; and (ii) changes or amendments to content in order to conform and adapt to technical requirements of connecting networks or devices. Luxury Topping assumes no liability for the deletion or failure to store postings of content or other information submitted by you or other users to the Site.
3.11 Users under the age of 16, confirm that they have permission of their parent or guardian to make submissions.
4.1 You agree that you will not threaten or verbally abuse other Members, use defamatory language, or deliberately disrupt discussions with repetition, meaningless messages or “spam”.
4.2 You agree to conduct yourself respectfully, and not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Disrespect and discrimination of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.
4.3 Luxury Topping encourages active discussions and welcomes debate on the Services. Personal attacks, however, are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service.
4.4 The Services shall only be used in a non-commercial manner. You shall not, without the express approval of Luxury Topping, distribute or otherwise publish any material containing any advertisement, solicitation of funds or solicitation for goods or services.
ACCESS AND AVAILABILITY OF SERVICES AND LINKS
5.1 The Site or Services contain links to other related World Wide Web Internet sites, resources, and advertisers. We are not responsible for the availability of these sources, or their contents and you should direct any queries or concerns regarding external links to the relevant site administrator or Webmaster of such site.
GOVERNING LAW AND JURISDICTION
6.1 This agreement is governed by the law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English and Welsh courts.
REPRESENTATIONS AND WARRANTIES
8.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless Luxury Topping and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Luxury Topping reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
8.2 Luxury Topping does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your own risk. THE SITE AND SERVICES ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN SOLE RISK.
9.1 Any failure on our part to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Luxury Topping.
COMMUNICATIONS BETWEEN LUXURY TOPPING AND USERS
10.1 If you state on your registration form that you want to receive such information, we, our owners and assigns, will allow certain third party vendors to provide you with information about products and services.
10.2 Luxury Topping reserves the right to send electronic mail to you to inform you of changes or additions to the Service.
10.3 Luxury Topping reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity when disclosing such information. Advertisers and/or Licensees on the Site may collect and share personal information about you only if you indicate your acceptance.
10.4 Luxury Topping may contact you via electronic mail regarding your participation in user surveys, to ask for feedback on current Services or prospective products and services. Such information will be used to improve our Services and better understand our users, and any information we acquire in such surveys will not be shared with third parties, except in aggregate form.
REGISTRATION AND SECURITY
11.1 To register or create an account, you will create login credentials by choosing a password and providing an e-mail address. You must also provide certain registration information, all of which must be accurate and up to date.
11.2 Each individual account is for a single user only. You are not allowed to share your registration login credentials or provide anyone else with your login credentials. We reserve the right to cancel or suspend your access to the Luxury Topping Services if you share your login credentials.
12.1 Visitors to the Site agree that they use the Site 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. Luxury Topping also makes no representations and warranties as to any linked sites and Luxury Topping has no liability or responsibility with respect to your use of such sites. On some occasions, content made available on the Site may represent the opinions and judgments of providers or users, such as user content. Luxury Topping and its affiliates do not endorse and are not responsible or liable for the accuracy or reliability of any statement made on the Site by anyone other than authorised Luxury Topping employees acting in such capacity.
12.2 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, unauthorised 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 are covered by this disclaimer. Luxury Topping does not warrant or guarantee that access to the Site will be uninterrupted or error-free.