LAX TO LUXURY TERMS AND CONDITIONS
Effective Date: December 18, 2020
Last Updated: December 18, 2020
PLEASE READ THIS DOCUMENT CAREFULLY
1. Overview
Welcome to LAX to Luxury!
This document sets out the terms for using the LAX to Luxury services (the “Services”). When we refer to “You” within the document, we mean users, registered members or visitors and we may refer to LAX to Luxury in these Terms and Conditions as “we,” “us,” or “our”. LAX to Luxury is committed to transparency, including providing a Terms of Use that is understandable and written in plain English. Please take your time to read this document, as it represents our Agreement with you and about how you use our website.
Our Terms of Use (the “Agreement”) includes our Privacy Policy and Legal Disclaimer, and collectively these documents govern your access to LAX to Luxury’s Services, whether you are a visitor, user or member of the site, or subscriber to our newsletter. The following terms and conditions (the “Terms”) apply to your use of our Services, including you visiting and browsing the LAX to Luxury website and your subscription to our newsletter.
Please read these Terms carefully. If you do not agree to these Terms, you must stop using the LAX to Luxury website immediately.
2. Eligibility for Our Service
By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years old in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement. Persons who are at least 13 years of age but under the age of majority may only use our Services with legal parental or guardian consent. Accordingly, you agree that you are at least the age of majority or older, or have received legal parental or guardian consent from someone fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms. If you are using our Services on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
3. Who We Are
LAX to Luxury is a website and newsletter which provides information and tips about luxury travel, including detailed information, photos and videos regarding some of the most luxurious hotels and flights in the world. Please be advised that the information in this website is intended for entertainment purposes only. The owner of this website is not an investment advisor, financial planner, nor legal or tax professional and the blog entries herein are simply opinions of general nature and should not be relied upon for individual circumstances. You should not exclusively rely upon this website to make any specific travel related decisions. You are solely responsible for verifying the information as being appropriate for your personal use – do your own research!
4. Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the website and our Services for your personal, non-commercial use. You may not modify any of the content displayed on our website or newsletter or utilize them for any commercial purpose or any other public display, performance, sale, or rental. Except as otherwise permitted under the copyright laws of the United States, no copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the content displayed on our website or newsletter as permitted by this Agreement, is permitted by you without our prior written permission.
5. Agreed Terms
LAX to Luxury owns and operates the services offered on this website. When using the Services, you will also be subject to the LAX to Luxury Privacy Policy, Legal Disclaimer and any posted guidelines, policies or rules applicable to specific features of the Service, which may be posted from time to time (collectively the “Guidelines”). This Agreement governs your use of the Service and is a legal contract between you and LAX to Luxury. If there is any inconsistency between this Agreement, and any of the Guidelines, the Guidelines will prevail to the extent of the inconsistency. By accessing or using the LAX to Luxury Service, you acknowledge that you have read and agree to be bound by this Agreement. If you are using the Service on behalf of an institution that has a separate written agreement with LAX to Luxury, that agreement governs your use of the Service.
6. Using the Service
As long as you are complying with all of the terms and conditions of this Agreement, LAX to Luxury gives you permission to access and use the Services. Access to and use of the Service itself is free, but we do offer, and may add to in the future, optional site features that LAX to Luxury may charge for. The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any.
Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use our Services. In addition, you are prohibited from: (z) licensing, selling, renting, leasing, transferring, assigning, distributing, hosting, or otherwise commercially exploiting our website, newsletter or any other Services; (y) modifying, making derivative works of, disassembling, reverse compiling or engineering any part of our website, newsletter or any other Services; and (x) accessing our website, newsletter or any other Services in order to build a similar or competitive service, or to interfere with our Services (as described below). You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our prior written permission.
Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; or (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from our Services for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on our Services, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services. You shall not use any communication systems provided on our Services (such as comments or email) for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
7. Membership, Registration & Access Controls
Certain areas of the website may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to our website, you agree to provide only true, accurate, current and complete information. If you register with us, you agree you will not sell or otherwise transfer your membership or any membership rights. We reserve the right to terminate your account or otherwise deny you access in our sole discretion without notice.
You also agree to comply with all rules, laws and regulations that are applicable to your use of the website, including, without limitation, those governing your transmission or use of any software or data.
8. Third-Party links
You may be able to access blog sites, content, products or services provided by third parties through links that are made available on our website. We refer to all such blog sites, content, services and products as “Third-Party Offerings.” For example, we may permit third parties to advertise their products and services on the website, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.
9. User Comments
Certain parts of this website offer the opportunity for users to post and exchange opinions, comments, material and data (collectively “Comments”). Beyond use of a spam prevention tool, LAX to Luxury does not screen, edit, publish or review Comments prior to their appearance on the blog site and Comments do not reflect the views or opinions of LAX to Luxury, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws LAX to Luxury shall not be responsible or liable for the Comments or for any loss, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
(a) LAX to Luxury reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
(b) You warrant and represent that:
i. You are entitled to post the Comments on our blog site and have all necessary licenses and consents to do so;
ii. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
iii. The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
iv. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
(c) You hereby grant to LAX to Luxury a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
10. Acceptable Use Conditions
Your use of and access to this website and the Services are subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:
(a) User Content must be yours. All User Content must be original to you, not copied from someone else’s work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the website and elsewhere.
(b) Don’t upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
(c) Keep it relevant. Your User Content should relate to the content on the website and should be intended to add to the discussion and community on the website.
(d) Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others’ opinions and comments so we can continue to build a community for everyone to enjoy. If you think your User Content might offend someone, chances are it probably will and it doesn’t belong on the website. Cursing, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual orientation or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
(e) Do not use the website for commercial purposes. Your User Content may not advertise or promote a product or service except those provided on the website. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
(f) Do not upload User Content that is inappropriate or illegal. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don’t upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
(g) No violence. Your User Content may not promote violence or describe how to perform a violent act.
(h) Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company.
(i) Public forum. We hope that you will use our website’s comment section to exchange information and content and have discussions with other members. However, please remember that this is a public forum and User Content that you post in the comments will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
(j) Don’t share other people’s personal information. Your User Content may not reveal another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
(k) Don’t damage the website or anyone’s computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Sites or any computer system.
(l) Law enforcement. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
11. User Posted Materials
Throughout your use of the LAX to Luxury website, you may be able to provide content to the LAX to Luxury website by uploading comments, pictures, other content and media for social interaction, and notifications, surveys, questions, hypothetical, examples, etc. (collectively, “User Content”).
We do not claim ownership of any User Content you may submit or make available for inclusion on the LAX to Luxury website. Accordingly, subject to the license granted to us and any applicable affiliates, you will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.
ANY USER CONTENT THAT YOU UPLOAD, POST OR OTHERWISE TRANSMIT VIA ELECTRONIC MAIL OR OTHERWISE, INCLUDING ANY VIDEO, MULTIMEDIA, DATA, QUESTIONS, COMMENTS, SUGGESTIONS OR THE LIKE IS, AND WILL BE TREATED AS, NON-CONFIDENTIAL AND NON-PROPRIETARY. Any and all User Content may be used by us for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Including, but not limited to, improving Services, and/or developing plans for future Services without incurring any obligation whatsoever to you, and by sending such communication, you waive all your rights thereto.
YOU ACKNOWLEDGE THAT YOU HAVE NO EXPECTATION OF PRIVACY WITH RESPECT TO ANY CONTENT THAT YOU SUBMIT AND THAT ANY CONTENT YOU SUBMIT MAY BE VIEWED BY LAX TO LUXURY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND SUBCONTRACTORS.
12. Ownership
The LAX to Luxury website and its contents are protected by copyright, trademark and other laws of the U.S. and foreign countries. Our names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries, and you may not use them without our prior written permission. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from our Services (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, owned by, or otherwise licensed to, us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work, or the Software.
You are solely responsible for any damages resulting from your infringement of our or any third-party’s intellectual property rights regarding the Content or the Collective Work and/or any other harm incurred by us or our affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
13. Hyperlinking to our Content
Third party organizations may link to our website or newsletter so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
14. DMCA Copyright Complaints
LAX to Luxury stands against anyone who is infringing upon another’s intellectual property. We are strongly against the exploitation of someone else’s intellectual property. LAX to Luxury have set out the following policy under the DMCA Copyright policy:
If LAX to Luxury has a good faith belief that any content (including User Content) appearing on its website violates any copyrights or has been illegally copyrighted, we reserve the right to remove, block, or otherwise ‘takedown’ the content. LAX to Luxury also reserves the right to remove from the website any users, or other parties, who are repeat offenders of the LAX to Luxury Copyright policy.
Copyright Infringement
If you believe that content appearing on the LAX to Luxury website violates your intellectual property or infringes upon any copyright which you own or control, you should send a notice to LAX to Luxury via the “Say Hi” contact form at LAXtoLuxury.com.
You must not knowingly misrepresent that the material is infringing when it is not. You will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Contents of Notice
If you send LAX to Luxury a notice regarding any claimed infringements, your notice must contain the following information:
(a) A physical and electronic signature from the owner of the copyright that has been allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Identify the material, including providing a URL and other information, which will help LAX to Luxury review and locate the infringed content;
(d) Your contact information, including your telephone number, mailing address, and email address, so we are able to contact you;
(e) A written statement by you revealing in good faith the material or content is not authorized by the copyright owner, its agent, or the law;
(f) A written statement that all information in the Copyright notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the copyright owner.
Counter-Notification
If any content (including User Content) is removed due to the receipt of a Copyright notice, you may send LAX to Luxury what is known as a Counter-Notice if you believe that your content was wrongly removed. Your Counter-Notice must contain:
(a) A physical or electronic signature that has been allegedly removed;
(b) Identification of the removed material with the URL location of where it was and when it was removed;
(c) A written statement that all information in the Copyright material was removed as a result of mistake or misidentification;
(d) Your contact information, including your telephone number, mailing address, email address, and a statement that you consent to the United States jurisdiction and that you will accept the Service of the process from the person who provided notification;
We will be required to send a copy of any notices from you to the party who posted the content you report as infringing.
Repeat Infringements
As we stated above, LAX to Luxury does not tolerate using someone else’s intellectual property without permission. Should LAX to Luxury receive two or more copyright complaints regarding any user, LAX to Luxury retains the right to remove such user from accessing the LAX to Luxury Services without further warning.
15. Content Moderation
We reserve the right to moderate content at any time. Content not conforming to our policies may be modified or deleted. Depending on the degree to which the content is deemed unacceptable the author’s privileges for posting content may be revoked. A non-exhaustive list of unacceptable content would be spam, unauthorized advertising, XSS or other scripting attacks, pornography, hate speech, name calling, derogatory or demeaning language, threats, and incitement of violence. Any non-travel related topics may also be considered unacceptable, as LAX to Luxury is to remain a travel-centric website. We at LAX to Luxury will be the sole arbiter for deciding what content is or isn’t acceptable.
16. License to Use
Subject to your compliance with these Terms, we grant you a fully revocable, non-exclusive, non-transferable, non-sub-licensable limited right and license:
1. to access and use the LAX to Luxury website for your personal, non-commercial use solely as necessary to browse and/or participate in the LAXtoLuxury.com Services.
2. You must abide by all copyright notices or restrictions contained on the LAX to Luxury website. You may not delete any attributions, legal or proprietary notices on the LAX to Luxury website.
Users are not allowed to download or any of our Content! Anyone found guilty of this will have their account and services cancelled and also will be reported to the appropriate authorities.
17. Your Responsibilities and Our Rights
You agree that you are responsible for making sure that you have all rights in the user content, including the rights necessary for you to grant us the foregoing licenses to the user content. You represent, covenant and agree that when you submit any contents on the website, you have all required rights to submit, post, upload or otherwise, own, use or disseminate the content you submit or upload without violating any third-party rights. You are responsible for ensuring your content complies with our “Acceptable Use Conditions” policy set forth in these Terms.
All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. LAX to Luxury cannot guarantee the identity of any other users with whom you may interact in the course of using the Services, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You acknowledge that LAX to Luxury reserve the right, but shall have no obligation, to pre-screen, filter, edit, remove, refuse to accept, post, display, or transmit any user content in whole or in part at any time for any reason or no reason with or without notice and without liability of any kind. Additionally, we do not guarantee that we will publish any of your user content, and reserve the right to remove user content from the website at any time for any reason, such as if we receive a notice that user content infringes someone’s intellectual property rights.
18. Posting Privileges
Posting content on LAX to Luxury is a privilege. Those privileges may be revoked due to a variety of reasons. A non-exhaustive list of those reasons would be the posting of inappropriate content, harassment of other users, unauthorized advertising, spamming other users and/or posting of unacceptable content. LAX to Luxury will be the sole arbiter for deciding what content is or isn’t acceptable and reserves the right to revoke posting privileges for any reason that is not explicitly defined herein.
19. Privacy policy
We respect your right to privacy. Please see our Privacy Policy for full details.
20. Changes to Our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a service altogether, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct. You can stop using our Services at any time, although we’ll be sorry to see you go. We may also add or create new limits to our Services or restrict your access to all or a part of the Services at any time without notice or liability.
21. Removal of Links from Our Website
If you find any link on our website or any linked site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the blog site remains available or that the material on the website is kept up to date.
22. Public Forums, Blogs
LAX To Luxury may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the website. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the website or any service or feature made available on or through the website, any materials which (i) restrict or inhibit any other user from using and enjoying the website or the website’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from website or LAX to Luxury. You alone are responsible for the content and consequences of any of your activities.
23. Severability
If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
24. Legal Disclaimer and Warranties
The service (and any associated products, app features, content, third-party content, third-party blog sites, third-party applications, user content, LAX to Luxury technology or software and any other content (“collectively the “LAX to Luxury offerings”) are provided on an “as is” and “as available” basis.
Without limiting the generality of the foregoing, LAX to Luxury (and its parent, successors, affiliates, subsidiaries, contractors, service providers, employees, officers, directors, suppliers, licensors, partners and agents (“LAX to Luxury parties”) expressly disclaims all warranties or representations of any kind, express, implied or statutory, regarding the LAX to Luxury offerings, including, without limitation, any implied warranty of quality, accuracy, performance, availability, merchantability, quiet enjoyment, fitness for a particular purpose, title or non-infringement.
In particular, LAX to Luxury parties makes no representation or warranty that the LAX to Luxury offerings
(1) Will meet your requirements or expectations, or be to your liking,
(2) Will be timely, secure, accurate, free from errors or loss, or uninterrupted, or that the services are free from viruses or other harmful components, or
(3) That any defects or errors will be corrected. Some features are experimental and have not been tested in any manner.
Any material downloaded from the blog site or otherwise obtained through the use of the service is done at the user’s own discretion and risk, and the user will be solely responsible for any damage to their computer system or loss of data that results from accessing or downloading any such material. No advice or information, whether oral or written, obtained by the user from LAX to Luxury shall create any warranty not expressly stated in these terms and conditions of use.
25. Limitation of Liability
UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL LAX TO LUXURY OR THE LAX TO LUXURY PARTIES , BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LAX TO LUXURY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE UNITED STATES OF AMERICA OFFERINGS; OR (iii) ANY INTERACTION WITH ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE LAX TO LUXURY OFFERINGS, INCLUDING OTHER USERS.
IN NO EVENT WILL LAX TO LUXURY OR LAX TO LUXURY PARTIES BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO LAX TO LUXURY FOR USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASES, LAX TO LUXURY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
26. Communications
For contractual purposes, you (1) consent to receive communications from LAX to Luxury in an electronic form such as email, to provide special deals, and promotion; (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that LAX to Luxury provides to you electronically via email satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.
27. Children’s Privacy Policy
LAXtoLuxury.com respects the privacy of children, and we are committed to complying with the Children’s Online Privacy Protection Act (COPPA). This Children’s Privacy Policy describes our practices concerning the collection of personal information from children under the age of 13. This site does not knowingly collect, use, or disclose personal information from children under the age of 13 without prior parental consent, or do we provide LAXtoLuxury.com services to children under 13 years of age except as permitted by COPPA. However, we may provide our service to children under 13 years of age but in the supervision of a parental guardian.
28. No Reliance
You should not solely rely on the information in our website or newsletter, but should instead seek other opinions before taking or failing to take any action which could lead to injury, harm, death or damage of any kind.
29. Entire Agreement
This Agreement is the entire agreement between you and LAX to Luxury and supersedes any prior understandings or agreements (written or oral).
30. Copyright License
Copyright (C) 2020(S) LAX to Luxury blog site
Subject to the express provisions of these terms and conditions. We, together with our licensors, own and control all the copyright and other intellectual property rights in LAX to Luxury, this website, and our newsletter; and all the copyright and other intellectual property rights in this website are reserved.
31. Indemnity
You agree, to the fullest extent permissible by your jurisdiction’s laws, to defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your access or use of our Services; (iii) Any negligent act or omission, deliberate default or breach of statutory duty on your part; (iv) access or use of our Services under any password that may be issued to you; (v) your transmissions, submissions or postings; and/or (vi) any personal injury or property damage caused by you. Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.
32. Privacy and Security
LAX to Luxury takes reasonable steps to protect the information provided via its website from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using our website you agree to be bound by that policy.
However, no internet or email transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you send to us via the website or email.
33. Affiliate Disclaimer
LAX to Luxury has financial relationships with a number of companies mentioned on this website, and LAX to Luxury may be compensated if you book via the links on this website.
34. Governing Law and Jurisdiction
You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement. You agree that any dispute that has arisen, or may arise, between you and us must be resolved exclusively by a state or federal court located in Los Angeles County, California. You and we agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
LAX to Luxury may assign or delegate these terms and condition and/or LAX to Luxury privacy policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the terms and condition or privacy policy without LAX to Luxury prior written consent, and any unauthorized assignment and delegation by you is void.
35. Notice to California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing to file a complaint regarding our website or to receive further information regarding use of our website.
36. Questions
If you have any questions about these Terms & Conditions, please contact us via the “Say Hi” contact form at LAXtoLuxury.com.
LAX TO LUXURY PRIVACY POLICY
Effective Date: December 18, 2020
Last Updated: December 18, 2020
PLEASE READ THIS PRIVACY STATEMENT CAREFULLY
LAX to Luxury respects your privacy, and we are committed to being transparent with you about how we handle your personal information. This Privacy Policy explains how LAX to Luxury collects, shares, and uses your personal information when you use this website or otherwise interact with us. We also offered some sections for you to learn how you can exercise your privacy rights and choices.
This Privacy Policy applies when you access or use the services and tools offered through our website, newsletter, or otherwise interact with us (the “Services”). Our Terms of Use also govern your access to our website and use of our Services. Please read this Privacy Policy carefully to obtain a clear underderstanding of how we collect, use, or otherwise handle your personal information. If you have any questions, please contact us through the “Say Hi” contact form on LAXtoLuxury.com.
1. Overview
LAX to Luxury respects the privacy rights of its users and understands the importance of protecting and handling information collected about you. This Privacy Notice has been composed to provide you with the information that you are entitled to according to the California Online Privacy Protection Act (“CalOPPA”) Article 13 and Article 14 of EU General Data Protection Regulation (“GDPR”), or any other applicable law.
This Privacy Policy and statement is created to explain to you how we collect, process, secure, store and share your data. This Privacy Statement also describes what right you have regarding your data, how you give your consent, and how you may withdraw your consent.
2. Acceptance And Use
By using our website, you signify acceptance to the terms of this Privacy Policy and your consent to the collection, use, and disclosure of your personal information as described further below. If you do not agree with or you are not comfortable with any aspect of this Privacy Policy, you should notify us immediately in writing or immediately discontinue access or use of the LAX to Luxury website.
3. Who we Are
LAX to Luxury is a website and newsletter which provides information and tips about luxury travel, including detailed information, photos and videos regarding some of the most luxurious hotels and flights in the world. Please be advised that the information in this website is intended for entertainment purposes only. The owner of this website is not an investment advisor, financial planner, nor legal or tax professional and the blog entries herein are simply opinions of general nature and should not be relied upon for individual circumstances. You should not exclusively rely upon this website to make any specific travel related decisions. You are solely responsible for verifying the information as being appropriate for your personal use – do your own research!
4. Summary of Personal Information and Use
We may collect or obtain personal information about you, and this information may be stored or processed within the United States through the following methods:
(a) directly from you (e.g., when you contact us);
(b) in the course of our relationship with you (e.g., if you register for an account, sign up for our newsletter, leave a comment or otherwise use the Services);
(c) when you visit our website; when you sign-in or sign up to use any part of the Services.
We may also receive personal information about you from third parties.
5. Purposes of Data Collection
For data collection methods as described by LAX to Luxury in this privacy statement, the following examples of uses of this Personal Information may be used for:
(a) Providing Services to you;
(b) Improving the website;
(c) Communication;
(d) Advertising;
(e) User Engagement;
(f) Marketing;
(g) Legal Compliance.
6. Data Protection Principles
We collect, process, and use personal data (under the definitions of the GDPR, CalOPPA, and other applicable laws) to provide our Services. Personal data means any information that enables us to identify you, directly or indirectly, such as name, email, mailing address, telephone number, IP address of your computer, the date and time of a visit, your mobile device, geolocation data, the state or country from which you accessed our website, any form of identification number, or one or more factors specific to your identity.
We are committed to complying with applicable data protection laws and will ensure that personal data is:
(a) Used lawfully, fairly, and transparently;
(b) Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
(c) Relevant to the purposes we have told you about and limited only to those purposes;
(d) Accurate and kept up to date;
(e) Kept only as long as necessary for the purposes we have told you about.
7. Types Of Data We Collect From You
We collect information from you when you use our Services, subscribe to our newsletter, create an account, surf the website, leave a comment, or otherwise enter information on our website. Examples of the information you may us provide are:
(a) Personal Identifiable Information. When you create an account with LAXtoLuxury.com we collect the following: name, email address, user name, and password.
(b) Mailing list: When you sign up for the mailing list on LAXtoLuxury.com we collect the following: name and email address.
(c) Comments: Your name, email address, and comment. Please note by posting a comment on this website, you consent to the posting of any personal information that you provide. You should be aware that such personal information can be read, collected, or used by other visitors to these public areas. We have no control over how these visitors use your Personal Information.
(d) Correspondence: You may choose to provide us with additional personal information. For example, we may collect your name, email address, and other personal information when you e-mail us a question or otherwise communicate with us.
8. Information We Collect Automatically
When you use the Services, including when you visit our sites, we automatically collect information about how you use the Services and the devices you use to access the Services. We may also generate information about you, such as an Account ID number. Examples of the information we collect automatically are:
(a) IP Address;
(b) Location information – general location information from your computer or mobile device or precise GPS location information from your mobile device;
(c) Unique Identifiers, including MAC Address, Ad IDs, and device attributes, such as operating system and browser type, and usage patterns;
(d) Usage Data, such as: web log data, referring and exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages and content viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used our Services, the frequency of your use of our Services, error logs, and other similar information.
9. Information Collected Through Technology
While you visit the LAX to Luxury Site and decide not to register an account on the website, our website or its third-party service providers may still collect non-personal Information about your use of the website (e.g., Your internet browser, operating system, IP address, connection speed, and the domain name of your internet service provider). The following methods may gather such Information:
(a) Cookies. Cookies, including local shared objects, are small pieces of Information stored by your browser on your device’s hard drive, which works by assigning to your computer a unique number that has no meaning outside of the LAX to Luxury Site. Cookies do not generally contain any personal information. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. Not taking cookies may make certain features of the LAX to Luxury materials unavailable to you.
(b) IP address. You may visit many areas of the LAX to Luxury site anonymously without the need to become a registered user. Even in such cases, LAX to Luxury may collect IP addresses automatically. An IP address is a number that is automatically assigned to your computer whenever you begin services with an internet services provider. Each time you access the LAX to Luxury Site and request one of LAX to Luxury’ pages, the server logs your IP address.
(c) Beacons. Beacons are small pieces of data embedded in web pages and emails. LAX to Luxury may use these technical methods in HTML emails that LAX to Luxury sends to users to determine whether they have opened those emails or clicked on links in those emails.
(d) Analytic tools and services. We use Google Analytics to track, measure, and generate information about our website’s traffic, users and their location (such as IP address).
10. How We Use Your Data
In general, we collect, use and your data to provide the Services, to fix and improve the Services, to develop new services, and to market LAX to Luxury and its Services. Some specific examples of how we use information are:
(a) Setup and manage accounts, including identification and authentication;
(b) Communicate with you using email about your account or to market our Services;
(c) Advertise and market the Services, including in email or other channels;
(d) Test changes in the Services and develop new features;
(e) Provide support, including addressing questions and problems users may have with the Services;
(f) Prevent, detect, investigate and respond to fraud, unauthorized access/use of the Services, breaches of terms and policies, or other wrongful behavior;
(g) Comply with any procedures, laws, and regulations which apply to us, including those that set retention periods;
(h) Research and development.
We may use algorithms and other automated means to implement any of the above.
11. Remarketing On The Website And Services
If you have provided your consent by accepting Targeting Cookies on the webite, we may use Google AdWords (remarketing and Similar Audience features) and Facebook Ads. Google Analytics Remarketing uses cookies to track users who visit LAX to Luxury. The LAX to Luxury cookie policy includes details on how to customize your cookie settings.
12. Google Adwords
Google AdWords enables Google, through the use of cookies, to identify the fact that you have visited the website, remember aspects of your usage of the website, and combine it with what it knows about your use of another website in the Google ad network.
We may use these services to advertise to visitors of Google ad network sites who have previously visited our website, or Google deems to have shared interests with visitors to our website. The Google privacy policy covers Google’s collection and use of your data. You can set preferences for how Google advertises to you using the Google Ad Preferences page.
13. With Whom We Share Your Data
LAX to Luxury only shares your personal information with third parties under the circumstances described below. We do not sell or otherwise disclose personal Information we collect about you for monetary or other valuable consideration.
(a) Authorized vendors: We may share your data with third-party vendors that help us operate our website, and deliver our services and also comply with your instructions and our contractual obligations. These include content delivery networks (CDNs), cloud-based hosting services, monitoring services, email service providers, quality assurance and testing vendors, fraud and abuse prevention vendors, customer relations management (CRM) vendors.
(b) Advertising and Analytics Partner: We may share usage data with third-party advertisers, advertisement networks, and analytics providers through cookies and other similar technologies, including by using Google Analytics. These third parties may collect Information sent by your computer, browser, or mobile device in response to a request for content, such as unique identifiers, your IP address, or other Information about your computer or device. For more Information on our use of cookies and similar technologies, please refer to our Cookie Policy.
(c) Business Partners: We sometimes partner with third parties to offer you promotions. To participate in these offers, you may be required to provide your email address and additional personal information. We will only share your email address and other personal Information with a business partner when you expressly authorize us to do so.
(d) Certain legal obligations: LAX to Luxury may be required to disclose personal Information if directed by a court of law or other governmental entities. Without limiting the preceding, we reserve the right to disclose such information where we have a good faith basis to believe that such action is necessary to: comply with applicable laws, regulations, court orders, government, and law enforcement agencies’ requests, protect and defend LAX to Luxury’s or a third party’s rights and property, or the safety of LAX to Luxury, our users, our employees, or others, prevent, detect, investigate and take measures against criminal activity, fraud, and misuse or unauthorized use of our website and to enforce our Terms of Use or other agreements or policies, to the extent permitted by law, we will attempt to give you prior notice before disclosing your information in response to such a request.
(e) With Your Consent: LAX to Luxury may send your personal Information to a third party when you consent to do so or in your direction.
(f) With Affiliates: We may share personal Information with our affiliates and other companies under common control and ownership, subject to the terms of this Privacy Policy. We may also share your personal Information in connection with a substantial corporate transaction, such as a sale of our business, a divestiture, merger, consolidation, or asset sale, in the event of bankruptcy, or preparation for any of these events. Any other entity which buys us or becomes part of our business will have the right to continue to use your personal Information, but only in the manner set out in this Privacy Policy unless you agree otherwise.
14. Affiliate Disclaimer
LAX to Luxury has financial relationships with a number of companies mentioned on this website, and LAX to Luxury may be compensated if you book via the links on this website.
15. Do Not Track
Do Not Track (“DNT”) is a privacy preference that users can set in specific web browsers and devices. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
16. Advertising
Ads appearing on our website may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by LAX to Luxury and does not cover the use of cookies by any advertisers.
17. Legal Bases For Processing (For EEA Users)
If you are an individual in the European economic area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. The legal bases depend on the services you use and how you use them. These means we collect and use your information only where:
(a) We need it to provide you the services, including to operate the process your orders, provide customer support and personalized features and to protect the safety and security of the services;
(b) It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the services and to protect our legal rights and interests;
(c) You give us consent to do so for a specific purpose; or
(d) We need to process your data to comply with a legal obligation.
If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. You have the right to object to that use though, in some cases, and this may mean no longer using the services
18. Data Subjects
For individuals who located in the European Economic Area, United Kingdom or Switzerland (collectively “EEA Residents”) data collected from you may be transferred or processed in other countries. We generally only process your data where we are required to, where the processing is necessary to perform any contracts we entered into, for our legitimate interests to operate our business or to protect the LAX to Luxury Site or your property, rights, or safety, or where we have obtained your consent to do so. By using and participating in any of our Services or providing us with your information, you acknowledge the collection, international transfer, storage, and processing of your information.
19. Your Data Protection Rights
We enable you to make numerous choices about your data: Below is the following data protection rights you have when you use our services.
(a) You may choose not to provide us with certain information;
(b) If you would like to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us through the “Say Hi” contact form on LAXtoLuxury.com;
(c) If you request access to your data, we will confirm whether we hold your information and provide you with a copy, explaining how we process it and why, how long we store it for, and your rights associated with it;
(d) If you request the deletion of your personal information, we will erase it. Please note that we will need to retain any information that we require to fulfill our legal obligations or establish, exercise, or defend a legal claim;
(e) You can object to your personal information processing, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by contacting us through the “Say Hi” contact form on LAXtoLuxury.com;
(f) You have the right to opt-out of email marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you;
(g) Opting Out Of Messages from Us: To opt-out of any future promotional messages from us, you should unsubscribe in the body of the promotional message sent to you (found at the bottom of the email) or send an unsubscribe request to us. We will process your request within a reasonable time after receipt;
(h) Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted before your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent;
(i) You have the right to complain to a data protection authority about our collection and use of your personal information;
(j) The easiest way to submit your request to us is to email us through the “Say Hi” contact form on LAXtoLuxury.com. We respond to all requests we receive from individuals wishing to exercise their data protection rights under applicable data protection laws.
20. Our Policy Towards Children
LAX to Luxury complies with the Children’s Online Privacy Protection Regulation. We do not knowingly request to collect personal information required for the LAX to Luxury user account from any person under the age of 18. Please notify us if you know of any individuals under the age of 18 using our website so we can take action to prevent access to our Services.
21. Third-Party Site
LAX to Luxury contents may contain links to third parties who may collect personal information and non-personal information directly from you. Additionally, LAX to Luxury may use third parties to provide components of the LAX to Luxury contents. In either case, such third parties may have separate privacy policies and data collection practices, independent of LAX to Luxury. LAX to Luxury: (a) has no responsibility or liability for these independent policies or actions; (b) is not responsible for the privacy practices of third parties, and (c) does not make any warranties or representations about the materials, products or services offered on third party websites or the security of any information you provide to them
22. Do Not Track Disclosures
Various third parties have developed signals or other mechanisms to express consumer choice regarding collecting Information about an individual consumer’s online activities over time and across third-party websites or online services (e.g., browser do not track signals). Currently, LAX to Luxury does not monitor or take any action concerning these signals or other mechanisms.
23. Data Security
We are committed to maintaining your data’s security, having measures in place to protect against the loss, misuse, and alteration of the data under our control. Please be aware that no security measures are perfect or impenetrable. Therefore, although we use reaosnable efforts to protect your personal information from unauthorized access, use, or disclosure, we cannot (and do not) guarantee the absolute security of your personal data.
Our website permits you to create an account. When you do you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password or device, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.
24. Terms and Conditions
To learn more about our terms and conditions, please visit our Terms and Conditions page establishing the use, disclaimers, and limitations of liability governing the use of our website.
25. Changes to our Privacy Policy
LAX to Luxury continually strives to implement new technologies and processes to protect you better, your privacy, and your use of our Services. Changes to this privacy policy may be made by LAX to Luxury from time to time. We will post a notice to our website to inform you of any material changes to our privacy policy and indicate when it was most recently updated. In no event will these changes result in the degradation of any security measures designed to protect you from unauthorized disclosure. Our privacy policy includes an “effective” and “last updated” date. The effective date refers to the date that the current version took effect. The last updated date refers to the date that the current version was last substantively modified.
26. Contact Us
If you have any questions about this privacy policy, please contact us through the “Say Hi” contact form on LAXtoLuxury.com.
LAX TO LUXURY LEGAL DISCLAIMER
Effective Date: December 18, 2020
Last Updated: December 18, 2020
Disclaimer
To the maximum extent permitted by applicable law, we expressly disclaim representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law with respect to satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentations;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Affiliate Disclaimer
LAX to Luxury may have financial relationships with companies mentioned on this blog site, and LAXtoLuxury.com may be compensated if you engage with the links on this blog site.
Exclusion of Liability
LAX to Luxury is not liable or responsible for any loss or damage that may result to you or a third party as a result of your or their use of LAX to Luxury website. This exclusion covers all servicing, costs, indirect or consequential loss, and whether in tort or contract or otherwise in connection with the LAX to Luxury website.
Nothing in these terms and conditions shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the contract law in United States of America); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United States of America.