TERMS OF USE

Last Update: July 24th, 2013

ACCEPTANCE Please read these Terms of Use, as they are legally binding on you even if you are simply browsing lesthete.com (the Site, We, Us, or Our) without registering an account or submitting any articles. By visiting our Site, you accept and agree to be bound by these Terms of Use, as well as our Privacy Policy available at http://lesthete.com/privacy-policy. Please exit the Site if you do not agree with any provision of these Terms of Use or the Privacy Policy.

SITE CONTENT Marie Lumiere, LLC owns and operates this Site. Site contents and features, images, information, registered and unregistered trademarks are the exclusive property of Marie Lumiere, LLC and its content suppliers. Site content is protected by the US and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws. You may not republish the contents of this Site, delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site. The Site accepts advertising, paid insertions and other forms of compensation. You understand that when using the Site, you will be exposed to content from various sources, and that we are not responsible for the accuracy, usefulness, or intellectual property rights of such content. All content provided on or accessible through the Site comes with no warranties of any kind. You hereby agree that the use of and reliance on any content is at your own risk, and that under no circumstances shall the Site be liable for loss or damage of any kind incurred as a result of the use of or reliance on any content made available. You acknowledge that the Site shall have the right (but no obligation), at its sole discretion, to refuse, modify, delete or move any content, for any reason, without prior notice to you.

YOUR SUBMISSIONS Site users may create profiles, submit articles, images, comments, reviews and other materials (collectively, “Your Content”). Unless expressly agreed to otherwise, you retain all of your ownership rights in Your Content submitted to us. However, by submitting Your Content, you hereby grant us a worldwide, non-exclusive, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content, including without limitation for promoting the Site in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access Your Content through the Site, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Site, your account privacy settings and under these Terms of Use. Please note that the default privacy settings in your account make your profile public unless you change the default settings to hide your profile. By submitting Your Content, you represent and warrant that: (Ⅰ) you own the content posted by you on or through our Site or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (Ⅱ) the posting and use of Your Content on or through our Site does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (Ⅲ) you will not publish false or misleading statements; (Ⅳ) you will not submit material that is unlawful, obscene, defamatory, libelous, vulgar, harassing, hateful, or otherwise inappropriate; (Ⅴ) you will not publish material that might adversely affect our public image, reputation or goodwill; (Ⅵ) you agree to pay all damages, fees, and any other monies owed by reason of Your Content. We will not be responsible, or liable to any third party, for Your Content or accuracy of any materials posted by you or any other user of our Site. If you submit any articles to us, you also agree that we may: (Ⅰ) insert any photographs or other images into your article(s) for illustrative purposes; (Ⅱ) insert and modify any hyperlinks, for advertising and other purposes, into your article(s); (Ⅲ) cancel any or all of the accumulated royalty fees due you, demand reimbursement and/or terminate your account, if we determine that any royalty fees due or paid to you resulted from fraudulent activity (e.g. proxy views, paid or fake traffic). We have the right to remove all or any part of Your Content from our Site if, in our opinion, your material does not comply with our content standards, these Terms of Use or the Privacy Policy.

DMCA POLICY We respect the intellectual property rights of others and require our users to do the same. We make every effort to comply with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf. We will address the claims of copyright infringement committed using our Site if such claims are reported to our designated DMCA Copyright Agent at legal@lesthete.com. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material. In notifying us of alleged copyright infringement, include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

YOUR RESPONSIBILITIES By using this Site, you represent and warrant that you are of legal age and have the full capacity to form a legally binding contract. You must only provide correct, current and complete information to the Site. Anybody who accesses the Site through your Internet connection must be aware of these Terms of Use, and that they comply with them. You must treat your login credentials confidential. We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time for any reason or no reason without notice or explanation. You must not:

  • Publicly display, publicly perform, republish, or transmit any of the material on our Site.
  • Use the Site for any illegal purpose.
  • Send any unsolicited mass communication, advertising or promotional material without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site or anybody’s use and enjoyment of it.
  • Attempt to gain unauthorized access to any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Use the Service to obtain materials, data, or information for purposes of gaining a competitive advantage.
  • Be on the U.S. Treasury Department's list of Specially Designated Nationals or be located in a country that is subject to a U.S. government embargo.

REMEDIES FOR BREACH We have the right to take any action that we deem necessary or appropriate if we believe that any user violates the Terms of Use, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and the public. We may:

  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.
  • Remove all or any part of Your Content from the Site without backup.
  • Block violator’s IP address and/or notify his or her Internet Service Provider.
  • Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

DISCLAIMER OF WARRANTIES WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT. IN NO EVENT WILL OUR LIABILITY EXCEED $500 U.S. DOLLARS. NO CLAIM SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER 12 MONTHS FROM THE UNDERLYING CAUSE OF ACTION.

LIMITATION OF LIABILITY YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. IN NO EVENT WILL WE, OUR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

INDEMNIFICATION You agree to indemnify and hold the Site (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, costs, expenses or damages arising out of or related to Your Content, a breach of your obligations and responsibilities, or your violation of any law or the rights of a third party.

ELECTRONIC COMMUNICATIONS When you visit our Site and send e-mails to us, you consent to receive electronic communications from us. We will communicate with you via e-mail, by posting notices on our Site or your account. You agree that all electronic notices will be considered just as legally binding as if they were in paper form. Please be aware that sending e-mail is not a secure method of transmitting information. Do not send credit card information or other sensitive information to us by e-mail. We are not responsible for any loss or damage that results from interception and/or unauthorized use by third parties of any information that you send us by e-mail.

USER DISAGREEMENTS As a neutral venue, we do not offer mediation, arbitration or any other forms of dispute resolution and do not actively monitor user interactions and arrangements. You are solely responsible for your interactions, dealings and disputes with other users. The Site reserves the right, but has no obligation, to facilitate disputes between its users. You may submit your complaints to us to hello@lesthete.com

HYPERLINKS You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

SEVERABILITY Should any part of these Terms of Use be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect. Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.

ASSIGNMENT We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Use, at our sole discretion, without obtaining your consent.

GOVERNING LAW AND JURISDICTION The Site and the Terms will be governed by, and construed in accordance with the laws of the State of California, with the exclusion of its principles of conflicts of laws which would result in the application of laws of any other jurisdiction. Any litigation, dispute or claim arising from or related to the use of the Website shall be subject to the jurisdiction of the state and federal courts sitting in Los Angeles, California, and you hereby irrevocably agree to submit to the exclusive jurisdiction of those courts.

CHANGES TO THESE TERMS OF USE We update these Terms of Use every once in a while whenever we feel appropriate without prior notice to you. The date of last update is indicated at the top of this page. Check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Site following the posting of revised Terms of Use constitutes your acceptance of the changes.

CONTACT US Please submit all comments, requests and questions relating to the Site to hello@lesthete.com

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