Terms & Conditions
Last updated 1st August, 2015
This page describes the terms and conditions that govern your use of certain CPP-LUXURY.COM digital products, including the website www.cpp-luxury.com and mobile applications (IOS and Android) and newsletters, offered by CPP-LUXURY.COM owned and published by Oliver Petcu (“CPP”, “us” or “we”).
GENERAL RULES AND DEFINITIONS
1.1 If you choose to use cpp-luxury.com, any mobile sites and applications, or any of the features of this site (the “Site”), including but not limited to RSS, API, software and other downloads (collectively, the “Services”), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and CPP. However you access the Sites and Services, you agree to be bound by these terms and conditions. If you have accessed the Services from the United States, you also agree to be bound by additional terms and conditions of use contained at the end of these terms and conditions of use.
1.2 We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and Services and by continuing to use this Site and Services, you agree to any changes. We may change, suspend or discontinue any aspect of the Services at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
1.3 Your continued use of the Site and Services now, or following the posting of notice of changes in these operating rules, will indicate acceptance by you of such rules.
CONTENT ON THE SERVICES
2.1 The contents of the Services, including the Site, are intended for your personal, non-commercial use. All content, information and materials appearing on or emanating from the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips, video clips, links, forum posts, chat posts, messages, emails), also known as the “Content”, are protected by copyright, and owned or controlled by Oliver Petcu or the party credited as the provider of the Content. You acknowledge that, as between CPP and you, CPP is the sole owner of all content on the Site and Services, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto.
2.2 The Services and Content are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in clause 6 of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Site or Services for personal use only, provided that you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print.
2.4 You will not sell, redistribute, retransmit, reproduce, display or otherwise provide access to the Content to any third party, nor modify or create derivative works from any Content.
2.5 Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from CPP, or the copyright holder identified in the copyright notice contained in the Content. Except as expressly authorised by CPP, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Site or Services.
3.1 Users of our site may be permitted to submit content for publication in various areas of the CPP Site and Services. You will be deemed to consent to CPP and conditions, if you choose to post any content or comments to the CPP Site or Services.
3.2 When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Site or Services.
3.3 You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us (the “Submissions”), you are granting CPP a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for BoF or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed and on any platform either now known or hereinafter invented, any Submission posted by you on or to the Services or any other Web site owned by CPP, including any Submission posted on or to the Services through a third party.
3.4 You acknowledge that any Submissions you make to the Site or Services may be edited, removed, modified, published, transmitted, and displayed by CPP and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. We may remove your content from use at any time. Submissions made to the Site or Services may also be included in our RSS feeds, APIs and made available for republishing through other formats.
3.5 By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
3.6 We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
3.7 You acknowledge and agree that when you post content on the Site or Services, or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of BoF, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the BoF Site.
3.8 You are solely responsible for the content of your Submissions. However, while BoF does not and cannot review every Submission and is not responsible for the content of these messages, BoF reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
3.9 You shall not upload to, or distribute or otherwise publish on to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
3.10 You understand that the technical processing and transmission of the Site may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. CPP assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Site.
3.11 If you are under 16, you confirm that you have permission of your parent or guardian to submit content.
ACCESS AND AVAILABILITY OF SERVICES AND LINKS
4.1 The Site or Services contain links to other related World Wide Web Internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
GOVERNING LAW AND JURISDICTION
6.1 This agreement is governed by Romanian courts of law and the parties agree to submit to the exclusive jurisdiction of the Romanian courts, under uniform European Union Intellectual Property Protection laws
REPRESENTATIONS AND WARRANTIES
8.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless CPP and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. CPP reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
9.2 CPP does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SITE AND SERVICES ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
10.1 Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of CPP.
COMMUNICATIONS BETWEEN CPP AND USERS
11.1 If you indicate on your registration form that you want to receive such information, we, our owners and assigns, will allow certain third party vendors to provide you with information about products and services.
11.2 CPP reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
11.4 CPP may contact you via e-mail regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
REGISTRATION AND SECURITY
12.1 As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. You also have to give us certain registration information, all of which must be accurate and updated.
12.2 Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the CPP Services if you share your login credentials.
ADDITIONAL TERMS FOR READERS IN THE UNITED STATES
Additional restrictions on user content
13.1 In addition to the terms in Section above, you agree not to use the Site to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law).
13.2 If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
(i) identification of the copyrighted work or works claimed to have been infringed;
(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
(iii) your contact information including name a address, telephone number, and, if available, an email address;
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law;
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) your physical or electronic signature;
BoF’s designated copyright agent to receive notifications of claimed infringement is: email@example.com. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
13.3 Visitors to the Site agree that their use of the n Site is at their own sole risk. The Site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. CPP also makes no representations and warranties as to any linked sites and CPP has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Site may represent the opinions and judgments of providers or users, such as user content. CPP and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Site by anyone other than authorised CPP employees acting in such capacity.
13.4 This disclaimer of liability applies to any damages or injuries caused by the Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. CPP does not warrant or guarantee that access to the Site will be uninterrupted or error-free.
7.1 We may collect information about your computer including where available your IP address, operating system and browser type for system administration as part of our audit trail process. ”Cookies” are pieces of information that a website transfers to your hard drive to store and sometimes track information about you. Most web browsers automatically accept cookies, but if you prefer, you can change your browser to prevent that. You are not obliged to accept cookies and you can adjust your browser’s setting to prevent it from accepting cookies on your computer – go to www.cookiecentral.com for instructions on how to disable cookies. However, you may not be able to take full advantage of our Websites if you do so. Cookies are specific to the server that created them and cannot be accessed by other servers, which means they cannot be used to track your movements around the web. Although they can be used to store information which may identify a user’s computer, cookies do not personally identify users and passwords and credit card information are not stored in cookies.7.2 The following cookies are set automatically when you visit CPP-LUXURY.COM website:
Third Party Cookies
Cookies: __utma, __utmb, __utmc, __utmz by Google
CPP-LUXURY.COM uses Google Analytics, which sets a cookie in order to anonymously identify when users return to specific websites.
Google uses the information sent with this cookie to store a history of website pages visited in a user’s session. This data will not be used to associate any part of your identity, anonymous or not, with any other data held by Google.
Further information about how to opt-out of this cookie can be found at http://www.google.com/intl/en/privacypolicy.html
Cookies: Facebook Like Button cookies
When you create or log in to an account on http://www.facebook.com cookies are stored on your computer in order to remain logged-in to your facebook account when visiting http://www.facebook.com again. The Facebook Like Button used on our website is hosted by Facebook and your browser therefore sends this cookie data to Facebook when creating the button inside your browser. This data is used by Facebook in order to associate the Facebook Like Button with your Facebook account. This information is not accessible to us, and is not sent to us by Facebook.
Cookies: Twitter Share Button
When you create or log in to an account on http://www.twitter.com cookies are stored on your computer in order to remain logged-in to your twitter account when visiting http://www.twitter.com again. The Twitter Share Button used on our website is hosted by http://www.twitter.com and your browser therefore sends this cookie data to Twitter when creating the button inside your browser. This data is used by Twitter in order to associate the Twitter Share Button with your Twitter account. This data is not accessible to us, and is not sent to us by Twitter.
Cookies: Google +1 Button
When you create or log in to an account on http://www.google.com cookies are stored on your computer in order to remain logged-in to your Google account when visiting http://www.google.com again. The Google +1 Button used on our website is hosted by http://www.google.comand your browser therefore sends this cookie data to Google when creating the button inside your browser. This data is used by Google in order to associate the Google +1 Button with your Google account. This data is not accessible to us, and is not sent to us by Google.
BoF uses Google to serve advertisements. Advertisements are received from Google servers to your browser along with a cookie to anonymously identify you as you visit websites which serve advertising from Google servers.
More information about this cookie, including how to opt-out of receiving the cookie can be found at http://www.google.com/settings/ads/onweb/
Cookies: Advertisement cookie
From time to time, advertisers may include digital assets which set cookies on an advertiser’s domain or on the domain of a The Business of Fashion website. These cookies will only store anonymous information about your interaction with a specific advert and will not be used to personally identify you.
You may opt-out find out more information, including how to opt-out of these cookies being set in your browser by visiting http://www.youronlinechoices.com/uk/your-ad-choices
Access to Personal Information
8.1 If you wish to access the personal information held by us, you should contact us using the information provided below.8.2 We will provide you with copies of all the personal information we hold about you, on payment of a nominal administration charge of 10 euros.
8.3 Please help us to keep our records of your personal information up-to-date by notifying us of any changes or corrections to the personal information we hold about you.