Any Material, personal information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary (“Communications”). MiniLuxe will have no obligations with respect to the Communications. MiniLuxe, and its designees, will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sound, text and other things embodied therein for any and all commercial or non-commercial purposes. Nothing restricts MiniLuxe from independently developing any idea, however similar to any Communications. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene or pornographic material, or any Material that would infringe the copyright or other intellectual property rights of another party if used without that party’s permission, or that includes software that contains a virus, defect or other harmful or other disruptive component. By transmitting any Communication to this Site, including but not limited to e-mail, web-based form submission, file uploads (including resumes) and Communications posted to chat rooms, bulletin boards or other user forums, you waive all right, title and interest, including all moral rights, or other similar rights, world-wide in those Communications and agree not to assert any claim of ownership in such Communications. MiniLuxe will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

Links to third party Sites on this Site are provided solely as a convenience to you. If you use these links, you may leave this Site. MiniLuxe does not endorse or make any representations or warranties about these Sites, or any information, software or other products, services or Materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Sites linked to this Site, you do this entirely at your own risk. MiniLuxe has no responsibility for the content of such sites and shall not be liable for any damages or injuries arising from such content.

You agree to indemnify, defend and hold harmless MiniLuxe from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties arising out of or resulting from your use of the Site (including the costs, expenses and attorneys fees on account thereof) whether based in contract or tort (including strict liability) or otherwise and regardless of the form of action.

MiniLuxe’s policy regarding copyright infringement and MiniLuxe’s designated agents for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC section 512) are incorporated herein and follow below. MiniLuxe respects the intellectual property rights of others and requires those that visit our Site do the same. MiniLuxe may, in appropriate circumstances and at its discretion, remove or disable access to material on its Site or its network that infringes the copyright rights of others. MiniLuxe also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our Site or users of our network repeatedly infringe others’ copyrights, we may in our sole discretion terminate those individuals’ rights to use our Site. If you believe that your work has been used on our Site in any manner that constitutes copyright infringement, please notify one of MiniLuxe’s copyright agents by written notice. The notice should include the following information: an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; a description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found; identification of the location on our Site of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed; your name, address, telephone number and email address; a statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and a statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf. MiniLuxe’ copyright agent for notice of claims of copyright infringement is Zachary Smith, who can be reached at the following:

By mail:
MiniLuxe, Inc.
One Faneuil Hall Square, Floor Seven
Boston, MA 02109

By email:
info@miniluxe.com

You agree to comply with all applicable laws regarding use of the Site. Any information you provide to MiniLuxe in connection with the Site must comply with the following conditions and shall not create any liability for MiniLuxe or cause MiniLuxe to lose (in whole or in part) the services of its Internet Service Providers or other suppliers or vendors:
Content Objectionable or Offensive to Third Parties. You may not upload, download, post, distribute, or otherwise transmit any content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive, harmful, violative of others’ privacy rights, or otherwise objectionable.

Unlawful Content. You may not upload, download, post, distribute, or otherwise transmit any content that encourages or is in furtherance of an unlawful, criminal, or fraudulent activity.

Infringing Content. You may not upload, download, post, distribute, edit, modify or transmit any content that may infringe on any patent, trademark, trade secret, copyright, or other intellectual proprietary right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying or distributing of any content, including ringtones, graphics, pictures, photographs, logos, software, articles, music, or videos. By posting any content through this Site, you represent that you have legal rights to use, distribute, and publish such content.

 

Removal of Objectionable Content. While we do not monitor your use of our Site, we reserve the right to remove or delete any content that you upload, download, post, distribute, or otherwise transmit on our Site that violates these Terms or is otherwise deemed objectionable by us in our sole discretion.

 

Entire Agreement, Updates and Modifications. These Terms and any referenced documents constitute the entire agreement between MiniLuxe and you pertaining to your use of the Site. MiniLuxe may amend these Terms or any other referenced documents at any time by posting the amended documents on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site means that you have accepted any modified Terms of Service. If you have any questions about these Terms, contact us at info@miniluxe.com.

 

If you would like to link to MiniLuxe Web Site (“SITE”), please read and comply with the following guidelines:
A site that links to MiniLuxe Site:
May link to, but not replicate, copy, display, distribute or communicate to the public, or otherwise use MiniLuxe content.
Should not create a browser or border environment around MiniLuxe content.
Should not imply that MiniLuxe is endorsing it or its products and services.
Should not misrepresent its relationship with MiniLuxe.
Should not present false information about MiniLuxe products or services.
Should not use the MiniLuxe logo or any other trademark, name or logo of MiniLuxe (the “Trademarks”) without permission from MiniLuxe. Any use of Trademarks is subject to the terms and conditions set out by MiniLuxe.
MiniLuxe retains the right to require the linking party to terminate the link at its sole discretion.
Should not contain content that could be construed as distasteful, offensive, controversial, or unlawful and should contain only content that is appropriate for all age groups.

DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with MiniLuxe and limits the manner in which you can seek relief from us.

Except for any dispute arising out of or related to a violation of the above “Acceptable and Lawful Use of the Site” section or disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and MiniLuxe waive their rights to a jury trial and to have any dispute arising out of or related to these Terms and Conditions, our services or products purchased resolved in court. Instead, all disputes arising out of or to these Terms and Conditions, our services or products or services purchased through our site will be resolved through confidential binding arbitration held in Massachusetts before and in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and MiniLuxe agree that any dispute arising out of or related to these Terms and Conditions, our services or products purchased through our site is personal to you and MiniLuxe and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and MiniLuxe further agree that any such disputes will also not be consolidated with any other proceedings that involve any claim or controversy of any other party.

You and MiniLuxe agree that these Terms and Conditions affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms and Conditions. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and MiniLuxe agree that the state or federal courts of the Commonwealth of Massachusetts and the United States sitting in Suffolk County have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim you may have arising out of or related to these Terms and Conditions, our services or products or services purchased through our site must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and MiniLuxe will not have the right to assert the claim.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by emailing us at info@miniluxe.com . In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this Section.