Edeline’S Luxe Shop takes steps to ensure the accuracy and completeness of product and third–party services provided, please refer to the originator of information for details, for example the manufacturer for complete product details.
PROPRIETARY RIGHTS
Content included on or comprising the Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, “Content”) are protected by copyrights, trademarks, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and Edeline’S Luxe Shop owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.
APPLICABLE LAW
The Site is created, operated and controlled by Edeline’S Luxe Shop in the State of New York, United States of America. As such, the laws of the State of New York will govern these Terms of Service without giving effect to any principles or conflicts of laws. We reserve the right to make changes to the Site and these Terms of Service at any time by updating this posting. By using the Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Service to which you are bound.
LINKS TO THIRD-PARTY SITES
The Site contains links to other sites. The links are meant to enable access to publicly available information to those who are allowed to the Site only. Edeline’S Luxe Shop makes no representations whatsoever about any other web site which you may access through the Site. When you leave the Site, please understand that Edeline’S Luxe Shop has no control over the content on that web site. In addition, a link to a non–Edeline’S Luxe Shop website does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third–party web site. Edeline’S Luxe Shop makes no representation or warranty as to any third–party products or services. No rights to use or copy the information on this or the third–party site are granted or implied.
USER GENERATED CONTENT
User Generated Content (“UGC”) refers to the content added by users or visitors to the Site, as opposed to content created by the Site. All content uploaded or posted or shared to the Site by any users is UGC. We do not check UGC for appropriateness, violations of copyright, trademarks, or other rights or other violations of these Terms. UGC, as a part of the Site, is provided without a warranty of any kind, in accordance with the terms of this Site.
By providing UGC, you grant Edeline’S Luxe Shop, its legal representatives and successors, as well as persons and companies acting with its permission, the perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
You understand that we may use your UGC, and any ideas, concepts or know-how contained therein, without payment of money or any other form of consideration, for any purpose including advertising, promotional, marketing, publicity, trade or commercial purposes, without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. You agree that UGC may be copied or exported from the Site and published elsewhere on the internet, including on any social media sites.
All UGC must comply with these Terms and our posting guidelines which may change from time to time. In addition, you understand that any UGC may be removed from the Site at any time for any reason.
When you submit UGC, you represent and warrant that you own or otherwise control the rights to your UGC and that the UGC is your original creation, has not been copied, recreated, reproduced, previously published, derived from or otherwise taken in whole or in part from any other work and the UGC does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations. You also warrant and represent that each person in the UGC has given their written permission and consent to be included and displayed publicly on the Site and our other social media sites and marketing materials and advertising, which you agree to provide to us upon request. You also represent and warrant that:
a. You are at the least the age of legal majority in the state in which you reside;
b. The UGC is not obscene, indecent, does not defame, disparage, invade the privacy of, or infringe upon or violate any rights of any kind whatsoever of any individual or entity;
c. The UGC does not violate any law, rule, or regulation of any governmental entity;
d. The UGC is not subject to any obligation of confidentiality;
e. The UGC does not contain any fraudulent statements or misrepresentations that could damage Edeline’S Luxe Shop or any third party; and
f. You have not received any compensation of any kind for any UGC, unless properly disclosed pursuant to FTC guidelines.
You agree to indemnify and hold Edeline’S Luxe Shop (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party. Upon submission of UGC you hereby release Edeline’S Luxe Shop and Releases from, and irrevocably waive, any and all claims that use of your UGC with or without your name infringes or violates your rights in the UGC or any work or material contained in your UGC.
You further agree not to post any content or mechanism that attempts to gain access to restricted areas of the Site, or collect or solicit passwords or personal information from other users, or otherwise engage in any commercial activities via the Site. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of spam.
You understand that, under no circumstances will Edeline be liable in any way for any UGC, including, without limitation, for any errors or omissions in any UGC, or for any loss or damage of any kind incurred by you as a result of the use of any UGC transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You also agree that we are under no obligation to use any UGC. You acknowledge that we reserve the right to change, condense, edit, modify, transmit, display, or delete any UGC, and you waive any rights you have in having the material altered or changed posting, e-mailing or otherwise making available on the Site or other social media sites.
All UGC must comply with these Terms and our posting guidelines which may change from time to time. In addition, you understand that any UGC may be removed from the Site at any time for any reason.
When you submit UGC, you represent and warrant that you own or otherwise control the rights to your UGC and that the UGC is your original creation, has not been copied, recreated, reproduced, previously published, derived from or otherwise taken in whole or in part from any other work and the UGC does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations. You also warrant and represent that each person in the UGC has given their written permission and consent to be included and displayed publicly on the Site and our other social media sites and marketing materials and advertising, which you agree to provide to us upon request. You also represent and warrant that:
a. You are at the least the age of legal majority in the state in which you reside;
b. The UGC is not obscene, indecent, does not defame, disparage, invade the privacy of, or infringe upon or violate any rights of any kind whatsoever of any individual or entity;
c. The UGC does not violate any law, rule, or regulation of any governmental entity;
d. The UGC is not subject to any obligation of confidentiality;
e. The UGC does not contain any fraudulent statements or misrepresentations that could damage Dal-Tile or any third party; and
f. You have not received any compensation of any kind for any UGC, unless properly disclosed pursuant to FTC guidelines.
You agree to indemnify and hold Edeline’S Luxe Shop (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party. Upon submission of UGC you hereby release Edeline’S Luxe Shop and Releases from, and irrevocably waive, any and all claims that use of your UGC with or without your name infringes or violates your rights in the UGC or any work or material contained in your UGC.
You further agree not to post any content or mechanism that attempts to gain access to restricted areas of the Site, or collect or solicit passwords or personal information from other users, or otherwise engage in any commercial activities via the Site. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of spam.
You understand that under no circumstances will Edeline’s Luxe Shop be liable in any way for any UGC, including, without limitation, for any errors or omissions in any UGC, or for any loss or damage of any kind incurred by you as a result of the use of any UGC transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You also agree that we are under no obligation to use any UGC. You acknowledge that we reserve the right to change, condense, edit, modify, transmit, display, or delete any UGC, and you waive any rights you have in having the material altered or changed posting, e-mailing or otherwise making available on the Site or other social media sites.