Terms and conditions
Date of Last Revision: June 2016
JOBLUX llc operates joblux.com, which is a professional social media
service that informs and connects luxury industry professionals. The
services offered by JOBLUX llc include any JOBLUX.com-branded URL (the
“JOBLUX Website”), JOBLUX communication features, JOBLUX mobile
services, and any other features, content, or applications offered from
time to time by JOBLUX in connection with JOBLUX’s business
(collectively, the “JOBLUX Services”). The JOBLUX Services are hosted in
Ireland.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE
INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION
CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
This Terms of Use Agreement (“Agreement”) sets forth the legally binding
terms for your use of the JOBLUX Services. By using the JOBLUX
Services, you agree to be bound by this Agreement, whether you are a
“Visitor” (which means that you simply browse the JOBLUX Website,
including through a mobile device, or otherwise use the JOBLUX Services
without being registered) or you are a “Member” (which means that you
have registered with JOBLUX). The term “User” refers to a Visitor or a
Member. You are only authorized to use the JOBLUX Services (regardless
of whether your access or use is intended) if you agree to abide by all
applicable laws and the terms of this Agreement. Please read this
Agreement and save it. If you do not agree to be bound by this Agreement
and to follow all applicable laws, you should leave the JOBLUX Website
and discontinue use of the JOBLUX Services immediately. If you wish to
become a Member, communicate with other Members and/or make use of the
JOBLUX Services, you must read this Agreement and indicate your
acceptance during the registration process.
This Agreement includes JOBLUX’s policy for acceptable use of the JOBLUX
Services and Content (as defined in Section 7.1 below) posted on or
through the JOBLUX Services and your rights, obligations and
restrictions regarding your use of the JOBLUX Services and Content
posted on or through the JOBLUX Services. In order to participate in
certain JOBLUX Services, you may be notified that you are required to
download software or content and/or agree to additional terms and
conditions from JOBLUX. Unless otherwise provided by the additional
terms and conditions applicable to the JOBLUX Services in which you
choose to participate, those additional terms are hereby incorporated
into this Agreement. You may receive a copy of this Agreement by
emailing us at: info@joblux.com, Subject: Terms of Use Agreement.
JOBLUX may modify this Agreement from time to time and such modification
shall be effective upon posting by JOBLUX on the JOBLUX.com Website.
Your continued use of the JOBLUX Services after Luxury Society posts a
revised Agreement signifies your acceptance of the revised Agreement. It
is therefore important that you review this Agreement regularly to
ensure you are updated as to any changes.
Please choose carefully the information you post on or through the
JOBLUX Services and that you provide to other Users. Your JOBLUX profile
may not include any form of Prohibited Content, as outlined in Section 8
below. Despite this prohibition, information, materials, products or
services provided by other JOBLUX Members (for instance, in their
profile) may, in whole or in part, be unauthorized, impermissible or
otherwise violate this Agreement, and JOBLUX assumes no responsibility
or liability for this material. If you become aware of misuse of the
JOBLUX Services by any person, please report to info@joblux.com.
JOBLUX reserves the right, in its sole discretion, to reject, refuse to
post or remove any posting (including private messages) by you, or to
deny, restrict, suspend, or terminate your access to all or any part of
the JOBLUX Services at any time, for any or no reason, with or without
prior notice or explanation, and without liability. JOBLUX expressly
reserves the right to remove your profile and/or deny, restrict,
suspend, or terminate your access to all or any part of the JOBLUX
Services if JOBLUX determines, in its sole discretion, that you have
violated this Agreement or pose a threat to JOBLUX and/or its Users.
1.Eligibility. Use of the JOBLUX Services and registration to be a
Member for the JOBLUX Services (“Membership”) is void where prohibited.
By using the JOBLUX Services, you represent and warrant that (a) all
registration information you submit is truthful and accurate; (b) you
will maintain the accuracy of such information; (c) you are 18 years of
age or older; (d) you are not a direct competitor of JOBLUX; (e) you do
not have more than one user account on JOBLUX at any given time; (f) you
have not previously been suspended or removed from JOBLUX; and (g) your
use of the JOBLUX Services does not violate any applicable law or
regulation.
2.Term. This Agreement, and any posted revision to this Agreement, shall
remain in full force and effect while you use the JOBLUX Services or
are a Member. You may terminate your Membership at any time, for any
reason, by following the instructions on the Member’s Account Settings
page. JOBLUX may terminate your Membership at any time, for any or no
reason, with or without prior notice or explanation, and without
liability. Even after Membership is terminated, this Agreement will
remain in effect, including Sections 5-17.
3.Fees. You acknowledge that JOBLUX reserves the right to charge for any
portion of the JOBLUX Services and to change its fees (if any) from
time to time in its discretion. If JOBLUX terminates your Membership
because you have breached the Agreement, you shall not be entitled to
the refund of any unused portion of fees or payments (if any). JOBLUX
paid memberships have a duration of 30 days up to 365 days from date of
purchase and will be automatically renewed if the user selects this
option. When membership is due to expire a reminder will be sent via
email. JOBLUX does not issue refunds or early cancellations of
memberships under any circumstances.
4.Password. When you sign up to become a Member, you will also be asked
to choose a password. You are entirely responsible for maintaining the
confidentiality of your password. You agree not to use the account,
username, or password of another Member at any time or to disclose your
password to any third party. You agree to notify JOBLUX immediately if
you suspect any unauthorized use of your account or access to your
password. You are solely responsible for any and all use of your
account. Additionally, you are prohibited from selling, trading or
otherwise transferring your JOBLUX account or any information therein to
another party or charging anyone for access to any portion of JOBLUX,
or any information therein.
5.Use by Members. The JOBLUX services are for the personal use of
Members and may be used for promotional purposes as well, but direct
commercial endeavors may only be used if they are specifically endorsed
or authorized by JOBLUX. JOBLUX reserves the right to remove commercial
content in its sole discretion. Illegal and/or unauthorized use of the
JOBLUX Services, including collecting usernames, user id numbers, and/or
email addresses of Members by electronic or other means for the purpose
of sending unsolicited email or unauthorized framing of or linking to
the JOBLUX Website, or employing third party promotional sites or
software to promote profiles for money, is prohibited. Commercial
advertisements, affiliate links, and other forms of unauthorized
solicitation may be removed from Member profiles without notice or
explanation and may result in termination of Membership privileges.
JOBLUX reserves the right to take appropriate legal action for any
illegal or unauthorized use of the JOBLUX Services. You may not transmit
any chain letters or junk email to other Members. In order to protect
our Members from such advertising or solicitation, JOBLUX reserves the
right to restrict the number of emails which a Member may send to other
Members in any 24-hour period to a number which JOBLUX deems appropriate
in its sole discretion.
6.Mobile Services. Certain parts of the Service may be available via
your mobile phone or accessible on your mobile phone through a
downloadable application (“Mobile Services”). We may charge for certain
Mobile Services. In using Mobile Services, you agree that we may
communicate with you regarding the Service by SMS, MMS, text message or
other electronic means to your mobile device and that certain
information about your usage of the Mobile Services may be communicated
to us. In addition, use of the Mobile Services may cause icons and data
to be displayed on and through your mobile device, which data may be
updated on a periodic basis by connecting to and transferring data from
servers through the Internet and/or communication systems to provide
content updates and to populate your mobile device with new information.
By using Mobile Services, you hereby explicitly agree to the foregoing
service functionality. In the event you change or deactivate your mobile
telephone number, you agree to promptly update your JOBLUX account
information to ensure that your messages are not sent to the person that
acquires your old number. Use of the Mobile Services may result in
charges imposed by your wireless provider and you will be responsible
for such charges. In addition, downloading, installing, or using certain
Mobile Services may be prohibited or restricted by your carrier, and
not all Mobile Services may work with all carriers or devices.
Therefore, you should check with your carrier to find out if the Mobile
Services are available for your mobile devices, and what restrictions,
if any, may be applicable to your use of such Mobile Services..
7.Proprietary Rights in Content on JOBLUX.
7.1 JOBLUX does not claim any ownership rights in the text, files,
images, photos, video, sounds, musical works, works of authorship,
applications, or any other materials (collectively, “Content”) that you
post on, store in or transmit through the JOBLUX Services. After posting
your Content to the JOBLUX Services, you continue to retain any such
rights that you may have in your Content, subject to the limited license
herein. By displaying or publishing (“posting”) any Content on or
through the JOBLUX Services, you hereby grant to JOBLUX a limited
license to use, modify, delete from, add to, publicly perform, publicly
display, reproduce, and distribute such Content solely on or through the
JOBLUX Services, including without limitation distributing part or all
of the JOBLUX Website in any media formats and through any media
channels, except Content marked “private” will not be distributed
outside the JOBLUX Website. This limited license does not grant JOBLUX
the right to sell or otherwise distribute your Content outside of the
JOBLUX Services. After you remove your Content from the JOBLUX Website
we will cease distribution as soon as practicable, and at such time when
distribution ceases, the license will terminate. If after we have
distributed your Content outside the JOBLUX Website you change the
Content’s privacy setting to “private,” we will cease distribution of
such “private” Content outside the JOBLUX Website as soon as practicable
after you make the change.
7.2 The license you grant to JOBLUX is non-exclusive (meaning you are
free to license your Content to anyone else in addition to JOBLUX),
fully-paid and royalty-free (meaning that JOBLUX is not required to pay
you for the use on the JOBLUX Services of the Content that you post),
sublicensable (so that JOBLUX is able to use its affiliates,
subcontractors and other partners such as Internet content delivery
networks and wireless carriers to provide the JOBLUX Services), and
worldwide (because the Internet and the JOBLUX Services are global in
reach).
7.3 You represent and warrant that: (i) you own the Content posted by
you on or through the JOBLUX Services or otherwise have the right to
grant the license set forth in this Section 6, and (ii) the posting of
your Content on or through the JOBLUX Services does not violate the
privacy rights, publicity rights, copyrights, contract rights or any
other rights of any person or entity. You agree to pay for all
royalties, fees, and any other monies owing any person or entity by
reason of any Content posted by you on or through the JOBLUX Services.
7.4 The JOBLUX Services contain Content of JOBLUX (“JOBLUX/BLOGLUX
Content”). JOBLUX Content is protected by copyright, trademark, patent,
trade secret and other laws, and JOBLUX owns and retains all rights in
the JOBLUX Content and the JOBLUX Services. JOBLUX hereby grants you a
limited, revocable, nonsublicensable license to reproduce and display
the JOBLUX Content (excluding any software code) solely for your
personal use in connection with viewing the JOBLUX Website and using the
JOBLUX Services.
7.5 The JOBLUX Services is also designed to help you find information
that resides on sites not owned or controlled by JOBLUX. In particular,
JOBLUX provides brief descriptions of news stories to help you identify
the stories of interest to you. When you select a story, you will be
linked to the news site on which that story appears. JOBLUX owns and
retains all intellectual property rights to the Services; but JOBLUX
does not claim ownership rights to the full news stories, which are
instead held by the sites to which the Services links.
7.6 JOBLUX and other JOBLUX graphics, logos, designs, page headers,
button icons, scripts and service names are registered trademarks,
trademarks or trade dress of JOBLUX. JOBLUX’s trademarks and trade dress
may not be used, including as part of trademarks and/or as part of
domain names, in connection with any product or service in any manner
that is likely to cause confusion and may not be copied, imitated, or
used, in whole or in part, without the prior written permission of
JOBLUX.
7.7 The JOBLUX Services contain Content of Users and other JOBLUX
licensors. Except as provided within this Agreement, you may not copy,
modify, translate, publish, broadcast, transmit, distribute, perform,
display, or sell any Content appearing on or through the JOBLUX
Services.
7.8 JOBLUX performs technical functions necessary to offer the JOBLUX
Services, including but not limited to transcoding and/or reformatting
Content to allow its use throughout the JOBLUX Services.
8.Content Posted.
8.1 JOBLUX may reject, refuse to post or delete any Content for any or
no reason, including Content that in the sole judgment of JOBLUX
violates this Agreement or which may be offensive, illegal or violate
the rights of any person or entity, or harm or threaten the safety of
any person or entity. JOBLUX assumes no responsibility for monitoring
the JOBLUX Services for inappropriate Content or conduct. If at any time
JOBLUX chooses, in its sole discretion, to monitor the JOBLUX Services,
JOBLUX nonetheless assumes no responsibility for the Content, no
obligation to modify or remove any inappropriate Content, and no
responsibility for the conduct of the User submitting any such Content.
8.2 You are solely responsible for the Content that you post on, store
in or transmit through any of the JOBLUX Services, and any material or
information that you transmit to other Members and for your interactions
with other Users.
9.Content/Activity Prohibited. The following are examples of the kind of
Content that is illegal or prohibited to post on or through the JOBLUX
Services. JOBLUX reserves the right to investigate and take appropriate
legal action against anyone who, in JOBLUX’s sole discretion, violates
this provision, including without limitation, removing the offending
Content from the JOBLUX Services and terminating the Membership of such
violators. Prohibited Content includes, but is not limited to, Content
that, in the sole discretion of JOBLUX, is patently offensive and
promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual; harasses or advocates harassment of another
person; exploits people in a sexual or violent manner; contains nudity,
excessive violence, or offensive subject matter or contains a link to an
adult website; solicits personal information from anyone under 18;
publicly posts information that poses or creates a privacy or security
risk to any person; constitutes or promotes information that you know is
false or misleading or promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libellous; constitutes or
promotes an illegal or unauthorized copy of another person’s copyrighted
work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacturer-installed copy-protect
devices, or providing pirated music or links to pirated music files;
involves the transmission of “junk mail,” “chain letters,” or
unsolicited mass mailing, instant messaging, “spamming”; contains
restricted or password only access pages or hidden pages or images
(those not linked to or from another accessible page); furthers or
promotes any criminal activity or enterprise or provides instructional
information about illegal activities including, but not limited to
making or buying illegal weapons, violating someone’s privacy, or
providing or creating computer viruses; solicits passwords or personal
identifying information for commercial or unlawful purposes from other
Users; involves commercial activities and/or sales without prior written
consent from JOBLUX such as contests, sweepstakes, barter, advertising,
or pyramid schemes; includes a photograph or video of another person
that you have posted without that person’s consent; for band, comedy,
filmmaker and other profiles, uses sexually suggestive imagery or any
other unfair, misleading or deceptive Content intended to draw traffic
to the profile; or violates the privacy rights, publicity rights,
copyrights, trademark rights, contract rights or any other rights of any
person.
The following are examples of the kind of activity that is illegal or
prohibited on the JOBLUX Website and through your use of the JOBLUX
Services. JOBLUX reserves the right to investigate and take appropriate
legal action against anyone who, in JOBLUX’s sole discretion, violates
this provision, including without limitation, reporting you to law
enforcement authorities. Prohibited activity includes, but is not
limited to, criminal or tortious activity, including child pornography,
fraud, trafficking in obscene material, drug dealing, gambling,
harassment, stalking, spamming, spimming, sending of viruses or other
harmful files, copyright infringement, patent infringement, or theft of
trade secrets; advertising to, or solicitation of, any Member to buy or
sell any products or services through the unauthorized or impermissible
use of the Luxury Society Services ; circumventing or modifying,
attempting to circumvent or modify, or encouraging or assisting any
other person in circumventing or modifying any security technology or
software that is part of the JOBLUX Services; activity that involves the
use of viruses, bots, worms, or any other computer code, files or
programs that interrupt, destroy or limit the functionality of any
computer software or hardware, or otherwise permit the unauthorized use
of or access to a computer or a computer network; covering or obscuring
the banner advertisements on your personal profile page, or any JOBLUX
page via HTML/CSS or any other means; any automated use of the system,
such as, but not limited to, using scripts to add contacts or send
comments or messages; interfering with, disrupting, or creating an undue
burden on the JOBLUX Services or the networks or services connected to
the JOBLUX Services; impersonating or attempting to impersonate another
Member, person or entity; using the account, username, or password of
another Member at any time or disclosing your password to any third
party or permitting any third party to access your account; selling or
otherwise transferring your profile; using any information obtained from
the JOBLUX Services in order to harass, abuse, or harm another person
or entity, or attempting to do the same; displaying an unauthorized
commercial advertisement on your profile, or accepting payment or
anything of value from a third person in exchange for your performing
any commercial activity through the unauthorized or impermissible use of
the JOBLUX Services on behalf of that person, such as placing
commercial content on your profile, posting blogs or bulletins with a
commercial purpose, selecting a profile with a commercial purpose as one
of your top contact, or sending private messages with a commercial
purpose; or using the JOBLUX Services in a manner inconsistent with any
and all applicable laws and regulations.
10.Protecting Copyrights and Other Intellectual Property. JOBLUX
respects the intellectual property of others, and requires that our
users do the same. You may not upload, embed, post, email, store,
transmit or otherwise make available any material that infringes any
copyright, patent, trademark, trade secret or other proprietary rights
of any person or entity. JOBLUX has the right to terminate the
Membership of infringers.
If you believe your work has been copied and posted on or through the
JOBLUX Services in a way that constitutes copyright infringement, please
send JOBLUX’s Copyright Agent a notification of claimed infringement
with all of the following information: (a) identification of the
copyrighted work claimed to have been infringed, or, if multiple
copyrighted works are covered by a single notification, a representative
list of such works; (b) identification of the claimed infringing
material and information reasonably sufficient to permit us to locate
the material on the JOBLUX Services (providing the URL of the claimed
infringing material satisfies this requirement); (c) information
reasonably sufficient to permit us to contact you, such as an address,
telephone number, and, if available, an email address; (d) a 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; (e) a
statement by you, made under penalty of perjury, that the above
information in your notification is accurate and that you are the
copyright owner or authorized to act on the copyright owner’s behalf;
and (f) your physical or electronic signature. JOBLUX’s Copyright Agent
for notification of claimed infringement can be reached as follows:
Copyright Agent, info@joblux.com.
11.Member Disputes. You are solely responsible for your interactions
with other JOBLUX Members. JOBLUX reserves the right, but has no
obligation, to become involved in any way with disputes between you and
other Members.
12.Privacy. Use of the JOBLUX Services is also governed by our Privacy
Policy, which is incorporated into this Agreement by this reference.
13.Disclaimers. JOBLUX is not responsible for and makes no warranties,
express or implied, as to the User Content or the accuracy and
reliability of the User Content posted on or through the JOBLUX
Services, whether caused by Users of the JOBLUX Services or by any of
the equipment or programming associated with or utilized in the JOBLUX
Services and such User Content does not necessarily reflect the opinions
or policies of JOBLUX. Profiles and third party applications created
and posted by Members on the JOBLUX Website may contain links to other
websites. JOBLUX is not responsible for the content, accuracy or
opinions expressed on such websites, and such websites are not
necessarily investigated, monitored or checked for accuracy or
completeness by JOBLUX. Inclusion of any linked website on the JOBLUX
Services does not imply approval or endorsement of the linked website by
JOBLUX. When you access these third party sites, you do so at your own
risk. JOBLUX takes no responsibility for third party advertisements or
third party applications that are posted on or through the JOBLUX
Services, nor does it take any responsibility for the goods or services
provided by its advertisers. JOBLUX is not responsible for the conduct,
whether online or offline, of any User of the JOBLUX Services. JOBLUX
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 or Member communication. JOBLUX 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
the JOBLUX 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 the JOBLUX
Services. Under no circumstances shall JOBLUX be responsible for any
loss or damage, including personal injury or death, resulting from use
of the JOBLUX Services, attendance at a JOBLUX event, from any User
Content posted on or through the JOBLUX Services, or from the conduct of
any Users of the JOBLUX Services, whether online or offline. The JOBLUX
Services are provided “AS-IS” and as available and JOBLUX expressly
disclaims any warranty of fitness for a particular purpose or
non-infringement. JOBLUX cannot guarantee and does not promise any
specific results from use of the JOBLUX Services.
JOBLUX acts as a venue for employers to post job opportunities and
candidates to post resumes and professional Profiles and does not screen
or censor the listings. JOBLUX is not involved in the actual
transaction between employers and candidates. As a result, JOBLUX has no
control over Member Content, the quality, safety or legality of the
jobs or resumes posted, the truth or accuracy of the listings, the
ability of employers to offer job opportunities to candidates or the
ability of candidates to fill job openings and JOBLUX makes no
representations about any jobs, resumes or Member Content on JOBLUX.com
and its sud-domains.
14.Limitation on Liability. IN NO EVENT SHALL JOBLUX BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM
YOUR USE OF THE JOBLUX SERVICES, EVEN IF JOBLUX HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, JOBLUX’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, BY YOU TO JOBLUX FOR THE JOBLUX SERVICES DURING
THE TERM OF MEMBERSHIP.
15.Disputes. The Agreement shall be governed by, and construed in
accordance with, the laws of SWITZERLAND, without regard to its conflict
of law provisions. You and JOBLUX agree to submit to the exclusive
jurisdiction of the Swiss courts in GENEVA to resolve any dispute
arising out of the Agreement or the JOBLUX Services.
16.Indemnity. You agree to indemnify and hold JOBLUX, its subsidiaries,
and affiliates, and their respective officers, agents, partners and
employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys’ fees, made by any third party due to or
arising out of your use of the JOBLUX Services in violation of this
Agreement and/or arising from a breach of this Agreement and/or any
breach of your representations and warranties set forth in this
Agreement and/or if any Content that you post on or through the JOBLUX
Services causes JOBLUX to be liable to another.
17.Other. This Agreement is accepted upon your use of the JOBLUX Website
or any of the JOBLUX Services and is further affirmed by you becoming a
Member. This Agreement constitutes the entire agreement between you and
JOBLUX regarding the use of the JOBLUX Services. The failure of JOBLUX
to exercise or enforce any right or provision of this Agreement shall
not operate as a waiver of such right or provision. 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. 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.
Please contact us at: info@joblux.com with any questions regarding this Agreement.
JOBLUX LLC
36 Rue du Rhone
1204 Geneva, Switzerland