Comte des Cierges International Ltd, referred to as “CDC,” “CDDLifestyle,” “CDCLifestyle.com,” or “we,” for the purposes of this document, operate the website cdclifestyle.com, which is a professional online luxury lifestyle publication that informs and connects luxury industry professionals and aficionados. The services offered by CDC include journalism, promotions and marketing, sales, consulting, mobile services, and any other content, or applications branded under CDC name. CDC is a UK registered company with it’s services being hosted in the United Kingdom.
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 CDC. By using CDC, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse CDC website, including through a mobile device, or otherwise use CDC without being registered) or you are a “Member” (which means that you have registered with CDC either to be able to comment on posted articles and/or signed-up to receive the newsletter and a password for access to the privileged areas of the website). The term “User” refers to a Visitor or a Member. You are only authorized to use CDC (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 CDC website and discontinue use of CDC immediately. If you wish to become a Member, communicate with other Members and/or make use of CDC, you must read this Agreement and indicate your acceptance during the registration process.
This Agreement includes CDC’s policy for acceptable use of CDC and Content (as defined in Section 6.1 below) posted on or through CDC and your rights, obligations and restrictions regarding your use of CDC and Content. In order to participate in certain CDC, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from CDC. Unless otherwise provided by the additional terms and conditions applicable to CDC 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@cdclifestyle.com, Subject: Terms of Use Agreement.
CDC may modify this Agreement from time to time and such modification shall be effective upon posting by CDC on CDC Website. Your continued use of CDC after CDC 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 CDC and that you provide to other Users. Your CDC 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 CDC Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and CDC assumes no responsibility or liability for this material. If you become aware of misuse of CDC by any person, please report info@cdclifestyle.com.
CDC 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 CDC at any time, for any or no reason, with or without prior notice or explanation, and without liability. CDC expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of CDC if CDC determines, in its sole discretion, that you have violated this Agreement or pose a threat to CDC and/or its Users.
1.Eligibility. Use of CDC and registration to be a Member for CDC (“Membership”) is void where prohibited. By using CDC, 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 CDC; (e) you do not have more than one user account on CDC at any given time; (f) you have not previously been suspended or removed from CDC; and (g) your use of CDC 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 CDC 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 or contacting us directly at info@cdclifestyle.com. CDC 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 CDC reserves the right to charge for any portion of CDC and to change its fees (if any) from time to time in its discretion. If CDC 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).
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 CDC 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 CDC account or any information therein to another party or charging anyone for access to any portion of CDC, or any information therein.
5.Use by Members. CDC are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavours may only be used if they are specifically endorsed or authorized by CDC. CDC reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of CDC, 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 CDC 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. CDC reserves the right to take appropriate legal action for any illegal or unauthorized use of CDC. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, CDC 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 CDC 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 CDC 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 CDC.
7.1 CDC 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 CDC. After posting your Content to CDC website, 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 CDC website, you hereby grant to CDC a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through CDC, including without limitation distributing part or all of CDC website in any media formats and through any media channels, except Content marked “private” will not be distributed outside CDC website. This limited license does not grant CDC the right to sell or otherwise distribute your Content outside of CDC. After you remove your Content from CDC 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 CDC Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside CDC Website as soon as practicable after you make the change.
7.2 The license you grant to CDC is non-exclusive (meaning you are free to license your Content to anyone else in addition to CDC), fully-paid and royalty-free (meaning that CDC is not required to pay you for the use on CDC of the Content that you post), sublicensable (so that CDC is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide CDC), and worldwide (because the Internet and CDC are global in reach).
7.3 You represent and warrant that: (i) you own the Content posted by you on or through CDC 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 CDC 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 CDC.
7.4 CDC contains Content of CDC (“CDC Content”). CDC Content is protected by copyright, trademark, patent, trade secret and other laws, and CDC owns and retains all rights in CDC Content and CDC. CDC hereby grants you a limited, revocable, nonsublicensable license to reproduce and display CDC Content (excluding any software code) solely for your personal use in connection with viewing CDC Website and using CDC.
7.5 CDC website is also designed to help you find information that resides on sites not owned or controlled by CDC. In particular, CDC 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. CDC owns and retains all intellectual property rights to the Services; but CDC does not claim ownership rights to the full news stories, which are instead held by the sites to which the Services links.
7.6 CDC and other CDC graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of CDC in United Kingdom and/or other countries. CDC’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 CDC.
7.7 CDC contains Content of Users and other CDC 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 CDC.
7.8 CDC performs technical functions necessary to offer CDC, including but not limited to transcoding and/or reformatting Content to allow its use throughout CDC.
8.Content Posted.
8.1 CDC may reject, refuse to post or delete any content for any or no reason, including Content that in the sole judgment of CDC 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. CDC assumes no responsibility for monitoring CDC for inappropriate Content or conduct. If at any time CDC chooses, in its sole discretion, to monitor CDC, CDC 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 CDC, 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 CDC. CDC reserves the right to investigate and take appropriate legal action against anyone who, in CDC’s sole discretion, violates this provision, including without limitation, removing the offending Content from CDC and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of CDC, 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 CDC 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 CDC Website and through your use of CDC. CDC reserves the right to investigate and take appropriate legal action against anyone who, in CDC’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 tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, 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 CDC ; 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 CDC; 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 CDC 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 CDC or the networks or services connected to CDC; 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 CDC 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 CDC 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 CDC in a manner inconsistent with any and all applicable laws and regulations.
10.Protecting Copyrights and Other Intellectual Property. CDC 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. CDC has the right to terminate the Membership of infringers.
If you believe your work has been copied and posted on or through CDC in a way that constitutes copyright infringement, please send CDC’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 CDC (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. CDC’s Copyright Agent for notification of claimed infringement can also be reached electronically to this address: info@cdclifestyle.com
11.Member Disputes. You are solely responsible for your interactions with other CDC Members. CDC reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
12.Privacy. Use of CDC is also governed by our Privacy Policy [http://www.cdclifestyle.com/], which is incorporated into this Agreement by this reference.
13.Disclaimers. CDC 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 CDC, whether caused by Users of CDC or by any of the equipment or programming associated with or utilized in CDC and such User Content does not necessarily reflect the opinions or policies of CDC. Profiles and third party applications created and posted by Members on CDC Website may contain links to other websites. CDC 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 CDC. Inclusion of any linked website on CDC does not imply approval or endorsement of the linked website by CDC. When you access these third party sites, you do so at your own risk. CDC takes no responsibility for third party advertisements or third party applications that are posted on or through CDC, nor does it take any responsibility for the goods or services provided by its advertisers. CDC is not responsible for the conduct, whether online or offline, of any User of CDC. CDC 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. CDC 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 CDC 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 CDC. Under no circumstances shall CDC be responsible for any loss or damage, including personal injury or death, resulting from use of CDC, attendance at a CDC event, from any User Content posted on or through CDC, or from the conduct of any Users of CDC, whether online or offline. CDC are provided “AS-IS” and as available and CDC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. CDC cannot guarantee and does not promise any specific results from use of CDC.
CDC 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. CDC is not involved in the actual transaction between employers and candidates. As a result, CDC 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 CDC makes no representations about any jobs, resumes or Member Content on cdclifestyle.com.
14.Limitation on Liability. IN NO EVENT SHALL CDC 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 CDC, EVEN IF CDC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CDC’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 CDC FOR CDC DURING THE TERM OF MEMBERSHIP.
15.Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of UNITED KINGDOM, without regard to its conflict of law provisions. You and CDC agree to submit to the exclusive jurisdiction of the British courts to resolve any dispute arising out of the Agreement or CDC.
16.Indemnity. You agree to indemnify and hold CDC, 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 CDC 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 CDC causes CDC to be liable to another.
17.Other. This Agreement is accepted upon your use of CDC Website or any of CDC and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and CDC regarding the use of CDC. The failure of CDC 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@cdclifestyle.com with any questions regarding this Agreement.