Lujo logo

LUJO PRIVACY POLICY

(Last updated 6/20/2019)

We at Lujo are committed to protecting your privacy. This Privacy Policy explains our data processing practices and your options regarding the ways in which your personal data is collected and used by us. If you have requests concerning your personal information or any questions, please contact us at info@lujo.com. 



BY USING THE SERVICES, SITE AND/OR THE APP, USERS AGREE TO BE BOUND BY THIS PRIVACY POLICY. ANY USERS WHO DO NOT AGREE WITH THESE TERMS SHOULD NOT USE THE SERVICES, THE SITE, OR THE APP!

  1. Definitions

References to the “App” mean that mobile application software available for purchase and download via the Google Play and iTunes stores under the name “Lujo.”

References to “personal information” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.”

References to the “Platform” include all services offered by or made available through Lujo, including, but not limited to, the App, the Services, and the Site.

References to the “Services” mean any and all services offered by us, including but not limited to concierge booking services.

References to the “Site” mean the Web sites bearing the URLs www.lujoapp.com and www.golujo.com as well as any other sub-domains and subpages therein, or other Sites owned and/or operated by us under the Lujo brand.

References to a “Supplier” means a third party provider of services, villa rentals, or any properties, products, or other exclusive services who advertises and makes available the same available to Users via the Site and/or the App.

References to “us,” “we,” “our,” and/or “Lujo,” mean LUJO, LLC, d/b/a Lujo, a New York limited liability company.

References to “you,” and/or “User” mean the User of the Site, the App, and/or the Services.

  1. Agreement to be Bound

The following Privacy Policy governs Lujo’s collection and use of its Users’ private information. By accessing the Site or the App or otherwise using the Services you represent that you have read and understand the Privacy Policy and that you agree to be bound by thereby.

This Privacy Policy is also subject to our Terms of Use, which may be found here [insert link to Terms]. This Privacy Policy is incorporated into and made a part of our Terms of Use. 

Under the European Data Protection Legislation (if it applies to you) and other applicable law, Lujo is the data controller responsible for the processing of your personal information collected from and through the Platform. Lujo is the sole owner of any data collected through the Platform. 

In this Policy, “European Data Protection Legislation” means all applicable legislation relating to data protection in the European Economic Area (“EEA”), including the EU General Data Protection Regulation 2016/679 (“GDPR”) and all laws adapted under or replacing the GDPR. 

  1. Modifications and Changes to Privacy Policy

We may modify, add to, suspend, or delete the Privacy Policy, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being effective thirty (30) calendar days following their posting to the Site and/or the App. Your use and/or access of the Site or the App or use of the Services, after modification, addition or deletion of or to this Privacy Policy shall be deemed to constitute acceptance by you of the modification, addition, or deletion and the revised Privacy Policy. 

  1. The Information We Collect

We collect personal information and non-personally-identifiable information from our Users. Such personal information may include your full name, email, phone number, address, bank account number, credit/debit card number, user name and password, and location-tracking information.

We collect this information:

  1. directly from you when you provide it to us or communicate with us; and/or
  2. automatically as you navigate through our Platform (data collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies). 

Information You Provide Us

The information we collect on or through our Platform may include:

  • Your Account information: When creating an account (your “Account”) to access the App or Site, you may be asked to provide certain information. That personal information may include your full name, email address, phone number, birthday, password and other data you provide with your account creation. You may optionally provide us with this information through third-party sign-in services such as Facebook and Google. In such cases, we fetch and store whatever information is made available to us by you through these sign-in services.
  • Your preferences: Your preferences and settings such as time zone and language.
  1. Your browsing information: How long you used our Platform, and which features you used.

We use the data you provide to us to enhance the functionality and improve the quality of our Platform, and to personalize your experience while using our Platform. We also use this data to provide support to you, communicate with you, and comply with our legal obligations.

  1. Data We Collect Through Automatic Data Collection Technologies

We may automatically collect certain data about the computer or devices (including mobile devices) you use to access the Platform, and about your use of the Platform, even if you use the Platform (including the App) without registering or logging in. This data includes:

  1. Usage data: Details of your use of our Platform, including traffic data, location data, logs and other communication data and the resources that you access and use on or through our Platform.
  2. Computer and device data: Data about your computer, Internet connection and mobile device, including your IP address, operating systems, platforms, browser type, other browsing information (connection, speed, connection type etc.), device type, device’s unique device identifier, general location information, mobile network information and the device’s telephone number.
  3. Your preferences: Your preferences and settings such as time zone and language.
  4. Your activity on the Platform: Data about your activity on the Platform, such as your search queries, domain names, search results selected, number of clicks, pages viewed and the order of those pages, how long you visited our Platform, the date and time you used the Platform, error logs, and other similar information. 
  5. Payment Information

For certain portions of our Services, such as when/if you decide to pay for a Membership Fee (as defined in our Terms of Use) for an annual membership or place an order to make a reservation or booking through the Platform, payment information will be required, which may include bank account numbers, financial institution information, routing numbers, etc. Lujo does not store or directly access any payment information. Instead, Lujo utilizes the third-party payments processors; CardConnect (https://cardconnect.com/), which is committed to providing its customers with the highest level of transaction processing security and actively combating fraud.

As stated above, Lujo does not directly store your payment information and Lujo does not have direct responsibility or control over such information. As such, Lujo cannot and does not guarantee that the transmission of your payment information will always be secured against access from unauthorized third parties. There is always the chance that unauthorized third parties will be able to defeat the security measures taken by Lujo or the third parties we have contracted with. Lujo makes no representations or warranties and assumes no liability or responsibility for improper access to or disclosure of your payment information due to unauthorized third-party access, errors in transmission, or other causes beyond Lujo’s control. 

  1. Why Does Lujo Collect Personal Data?

Lujo collects information described above for the some or all the following reasons:

  1. Verify Accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our Platform, and promote safety and security on and off of the Platform.
  2. Employ you or consider you for employment;
  3. Help advertisers and other partners measure the effectiveness and distribution of their advertisements and understand the types of people who use their services and how people interact with their websites, apps, and services.
  4. Provide the Site, App, and Services to you;
  5. We use location information, such as your general location information to personalize and improve our offerings through the Platform, including advertisements, for you and others. Generalized location information can be based on things IP addresses and information from your use of the Services;
  6. For legal reasons, for example, if you have entered into a contract with us;
  7. Understand our Users (what they do on our Services, what features they like, how they use them, etc.), improve the content and features of our Platform, process and complete your transactions, and make special offers;
  8. Administer our Platform and diagnose technical problems;
  9. Generate and review reports and data about, and to conduct research on, our User base and Platform usage patterns;
  10. Administer contests and sweepstakes;
  11. Provide you with customer support;
  12. Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  13. Notify you about changes to our Platform;
  14. Allow you to participate in interactive features offered through our Platform;
  15. In any other way we may describe when you provide the data; and
  16. For any other purpose with your consent.
  1. Anonymous Data

We may anonymize data (including personal information) collected from you through the Platform or via other means, including via the use of third-party web analytic tools. In this Privacy Policy, anonymized data is data that rendered anonymous in such a way that the User is not or no longer identifiable. As a result, our use and disclosure of anonymized data is not restricted by this Privacy Policy, and it may be used and disclosed to others without limitation.

  1. What Legal Basis Does Lujo Have for Processing Your Personal Information?

Lujo may process your data and personal information because:

  1. We have a contract with you, or we are taking steps at your request prior to entering into a contract; 
  2. You have given us your consent to do so; 
  3. As necessary for our legitimate interests in providing the Site, App, and/or Services where those interests do not override your fundamental rights and freedom related to data privacy; and/or
  4. To comply with the law.

For of these reasons are reasons, Lujo may legally process the information we have about you.

  1. How to Opt-Out

In addition to the forgoing uses, we may also use personal information to contact Users through our opt-in mailing list where they provide their email and name. Users may opt out to receiving information via the unsubscribe link contained at the bottom of certain emails. Users should note that opting-out does not prevent us from contacting you regarding your Account or any transactions. 



Email marketing campaigns published by us may contain tracking facilities within the actual email. User activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include but shall not be limited to: the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity.

This information is used to refine future email campaigns and supply the User with more relevant content based around their activity.

  1. Do Not Track (DNT) Disclosure

Please note that while you may have the opportunity to opt-out of targeted advertising as discussed in the “How to Opt-Out” section above, and you may be able to control the use of cookies through your Web browser as described in the “Use of Cookies” section below, some Web browsers may also give you the ability to enable a “do not track” setting. This setting sends a special signal to the Sites you encounter while Web browsing. 



This “do not track” signal is different from disabling certain forms of tracking by declining cookies in your browser settings, as browsers with the “do not track” setting enabled still have the ability to accept cookies. We do not respond to Web browser “do not track” signals at this time. If we do so in the future, we will describe how we do so in this Privacy Policy. For more information about “do not track,” visit www.allaboutdnt.org.

  1. Disclosures of your Information

Your personal information may be used by us for the purposes provided for herein. We do not share your information with anyone who is not an employee of our company and its affiliates or as required to provide the Site and our Services. This will include sharing your information with third-party suppliers in order to provide the concierge services requested by you. By accessing the Site and otherwise using the App and/or our services, you consent to your personal information being shared with such third-parties and are encouraged to review the privacy policies of such third parties as they may differ from the Lujo’s Privacy Policy. 

We may disclose data (including Personal Data) that we collect as described below. 

  • To our subsidiaries and affiliates, which are entities under common ownership or control of Lujo.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Lujo’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal information held by Lujo about the Users of our Platform are among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • Service Providers. We may share your data and personal information with outside vendors who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. We utilize these vendors for a variety of purposes, such as to help us to provide the Platform to our Users, analyze use of our Platform, and process and collect payments. Some portions of our Site, App, and Services are hosted by third-party providers. We may share data about you with these vendors only to enable them to perform their services. Currently, we share your data and personal information with the following data processors (i.e. service providers that help us to perform the above tasks):
    • Payment processors such as CardConnect, which may be found at https://cardconnect.com/ ;
    • Suppliers (as defined in our Terms of Use) and other third party service providers, such as Baroque Aviation, which may be found at https://www.baroqueaviation.com/
    • Other service providers and commerce companies, including Google; and
    • Appropriate persons or entities to assist in debt collection where you owe a debt to us.
    • The legal basis for the processing of this personal information is your consent.
  1. Legal Purposes. We may share your personal information when we believe in good faith that such sharing is reasonably necessary in order to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process. We may also share your personal information to investigate and address threats or potential threats to the physical safety of any person, to investigate and address violations of this Privacy Policy or our Terms of Use, or to investigate and address violations of the rights of third parties and/or to protect the rights, property and safety of Lujo, our employees, Users, or the public. This may involve the sharing of your personal information with law enforcement, government agencies, courts, and/or other organizations on account of legal request such as subpoena, court order or government demand to comply with the law.
  2. Social Networks. If you interact with social media features on our Services, such as the Facebook Like button, or use your social media credentials to log-in or post content, these features may collect information about your use of the Services. Your interactions with social media companies are governed by their privacy policies.
  3. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Lujo, our Users, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
  4. Consent. We may share your information in any other circumstances where we have your consent.
  5. We will not sell, market, share, rent or otherwise distribute your personal information to others in ways different from what is disclosed in this Privacy Policy. If your personal information will be disclosed to any other recipients than are stated in this Privacy Policy, we will inform you at the time we collect your personal information and obtain your consent.
  1. Other Sites and Apps.

Our Site and Apps may contain links to other web sites, mobile software applications, services, or software, which are outside our control and are not covered by this Privacy Policy. If you access other web sites, mobile software applications and/or software or otherwise use any third-party services using the links provided, the operators thereof may collect information from you, which will be used by them in accordance with their privacy policies, which may differ from ours. The appearance of any links to any third party web sites, mobile software applications, services, or software on the Platform does not imply indorsement or connection between Lujo and any such third party.

  1. Cookies & Activity Tracking

To enhance your online experience, we may use "cookies" or similar technologies. Cookies are text files placed in your computer's browser to store your preferences. Cookies do not contain personally identifiable information; however, once you choose to furnish a Site with personally identifiable information, this information may be linked to the data stored in the cookie.

We use cookies to understand Site and Internet usage and to improve or customize the content, offerings or advertisements on our Site, App, and via our Services. For example, we may use cookies to enable us to detect and report security issues affecting our Site and Users; personalize your experience at our Site (e.g., to recognize you by name when you return to the Site); save your password in password-protected areas; and enable you to use shopping carts on our Site (if available.) We also may use cookies to help us offer you products, programs, or services that may be of interest to you and to deliver relevant advertising.

We, our third-party service providers, advertisers, and our partners also may use cookies to manage and measure the performance of advertisements displayed on or delivered by us and/or other networks or sites. This also helps us, our service providers, and partners provide more relevant advertising. 

You can change your privacy preferences regarding the use of cookies and similar technologies through your browser. You may set your browser to accept all cookies, block certain cookies, require your consent before a cookie is placed in your browser, or block all cookies. Blocking all cookies will affect your online experience and may prevent you from enjoying the full features offered by us. Please consult the "Help" section of your browser for more information or follow the links below.

Alternatively, you may wish to visit www.allaboutcookies.org which contains comprehensive information on how to block cookies on a wide variety of browsers. You will also find details on how to delete cookies from your computer as well as more general information about cookies. For information on how to do this on the browser of your mobile phone you will need to refer to your handset manual.

Lujo or its service providers may also use analytic services to understand how effective Lujo’s content is, what interests Lujo’s Users have, and to improve how the Platform is performing. In addition, Lujo may use web beacons, or tracking pixels to count User numbers and to track how many individual users access the Platform, and how often. This information will be used for statistical purposes only and it is not Lujo’s intention to use such information to personally identify any User. 

  1. Access to and/or Modification of Your Information

If you access the Site and/or App or otherwise use our Services and volunteer personally-identifiable information, you may modify, update, or delete such information by sending us an email at info@lujo.com. You should be aware, however, that it is not always possible to completely remove or modify information in our databases. In addition, please be aware that your ability to opt out from receiving marketing and promotional materials does not change our right to contact you regarding your use of the Site, the App, or our Services.

  1. California Privacy Rights

With certain exceptions, California Civil Code Section 1798.83 permits certain individuals who have utilized the Platform who are California residents to request certain information regarding the disclosure of any personal information to third parties for their direct marketing purposes. To make such a request, e-mail us at info@lujo.com. 

  1. EU Privacy/Data Protection Rights

If you are a resident of the European Economic area (“EEA”) you have certain rights related to your personal information. Below are the rights that you have under law, and what Lujo does to protect those rights:

Legal right

What Lujo does to protect your rights


The right to be informed


Lujo is publishing this Privacy Policy to keep you informed as to what we do with your data. We strive to be transparent about how we use your data.

The right to access

You have the right to access your data. Please contact Lujo at info@lujo.com if you wish to access the personal information Lujo holds about you.

The right to rectification

If the data Lujo holds about you is inaccurate or not complete, you have the right to ask us to rectify it. If that data has been passed to a third party with your consent or for legal reasons, then we must also ask them to rectify the data. Please contact Lujo at info@lujo.com if you wish to correct any data. 

The right to erasure

This is sometimes called ‘the right to be forgotten’. If you want Lujo to erase all your Personal Data and we do not have a legal reason to continue to process and hold it, please contact Lujo at info@lujo.com. 

The right to restrict processing

You have the right to ask Lujo to restrict how we process your personal information. This means we are permitted to store the data but not further process it. We keep just enough data to make sure we respect your request in the future. If you want us to restrict processing of your data, please contact Lujo at info@lujo.com.

The right to object

You have the right to object to Lujo processing your personal information even if it is based on our legitimate interests, the exercise of official authority, direct marketing (including data aggregation), and processing for the purposes of statistics. If you wish to object, please contact Lujo at info@lujo.com.

The right to withdraw consent

If you have given us your consent to process your personal information but change your mind later, you have the right to withdraw your consent at any time, and Lujo must stop processing your data. If you want to withdraw your consent, please contact Lujo at info@lujo.com.

The right to complain to a Supervisory Authority

Residents of the EEA may lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. A list of EU data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.



  1. Privacy Protection for Children Using the Internet

Protecting children's privacy is important to us. For that reason, we do not collect or maintain information of those persons we actually know are under the age of thirteen (13) nor is any part of the Site, App, or Services targeted to attract anyone under the age of thirteen (13). We request that all users of the Site, App, and Services who are under the age of thirteen (13) not disclose or provide any personally-identifiable information. If we discover that a child under thirteen (13) has provided us with personally-identifiable information, we will delete that child's personally-identifiable information from our records.

  1. Notice to Minors

In addition to protecting the privacy of children under age (13) we are committed to protect the privacy of minors. Though our Site, App, and Services are not targeted to minors nor are they intended to be used by minors, if, for any reason a minor has shared information via our Site, App, and/or Services said minor may request and obtain removal of such information by contacting us at info@lujo.com. Although we offer deletion capability you should be aware that the removal of content may not ensure complete or comprehensive removal of that content or information posted.

  1. Data Security

We take reasonable steps to maintain the security of the personally-identifiable information that we collect, including utilizing secure sockets layer (“SSL”) and hypertext transfer protocol secure (“https”) encryption protocols and are an approved payment card industry (“PCI”) scanning vendor; however, no data transmission over the Internet can be guaranteed to be completely secure. Thus, we cannot ensure or warrant the security of any information that you transmit to us, so you do so at your own risk. Please note that non-encrypted communication using email is not secure. Thus, we cannot guarantee data security in email communication and, therefore, recommend using physical mail for confidential information.

  1. International Transfer

We operate globally so it is necessary to transfer your information internationally. In particular, your information will likely be transferred to and processed in the United States, where we operate and where our server is located. The data protection and other laws of other countries may not be as comprehensive as those in your country. Please be assured that we take reasonable steps to ensure that your privacy is protected. 

As such, if you are a resident of the EEA, your personal information may be transferred to recipients, which may be outside the EEA, and may be processed by us and those recipients outside the EEA. Any such transfer will result in your personal information being transferred to a country outside the EEA that does not generally offer the same level of data protection as in the EEA. You hereby acknowledge that you have read and understand this section, and explicitly consent to all such transfers. The basis for any such transfer is your explicit consent.

  1. Legal Information

The requirements of this Privacy Policy supplement, and do not replace, any other requirements existing under applicable data protection law, including any European Data Protection Legislation. In case of contradiction between what is written in this Privacy Policy and requirements in applicable data protection law, applicable data protection law will have priority.

  1. Contacting Us

If you have any questions relating to this Privacy Policy, our privacy practices, or our processing/ usage of personal information, you may contact us at:

info@golujo.com



LUJO TERMS OF USE

(Last updated 6/20/2019)

Please read these Terms of Use (the “Terms” or these “Terms of Use” or this “Agreement”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Site, App and/or our Services, you agree to comply with and be bound by these Terms of Use.

These Terms of Use describe the services offered by us and form a contract between you (the User) and Lujo. These Terms of Use must be accepted in order to use the Site, App and our Services.

BY USING THE SERVICES, SITE AND/OR THE APP, USERS AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF USE. ANY USERS WHO DO NOT AGREE WITH THESE TERMS SHOULD NOT USE THE SERVICES, THE SITE, OR THE APP.

SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND

1.1. Definitions.

References to “Dispute” mean any claim, conflict, controversy, disagreement between the parties arising out of, or related in any way to, these Terms of Use (or any terms, supplements or amendments contemplated by these Terms of Use) including, without limitation, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms of Use or any terms contemplated by the Terms.

References to “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching party would wish to immediately terminate these Terms because of that breach.

References to the “App” mean that mobile application software available for purchase and download via the Google Play and iTunes stores under the name “Lujo”.

References to the “Platform” include all services offered by or made available through Lujo, including, but not limited to, the App, the Services, and the Site.

References to the “Services” mean any and all services offered by us, including but not limited to concierge booking services.

References to the “Site” mean the Website bearing the URL https://www.golujo.com/, as well as any sub-domains or subpages thereof, or any other Sites owned and/or operated by us under the Lujo brand.

References to a “Supplier” means a third party provider of services, villa rentals, or any properties, products, or other exclusive services who advertises and makes available the same available to Users via the Site and/or the App.

References to “us,” “we,” “our,” and/or “Lujo” mean LUJO, LLC, d/b/a Lujo, a New York limited liability company.

References to “you,” and/or “User” mean the User of the Site, the App, and/or the Services.

1.2. Agreement to be Bound.

The following Terms of Use, together with the relevant information set out on this Site, including any features and services available, such as RSS feeds, podcasts, video and photographs, publications, and other materials are subject to the Terms of Use set forth below. Please read them carefully as any use of this Platform constitutes your agreement with these Terms, without acceptance, to be bound thereby by the User. By using the Platform, you represent that you are at least eighteen (18) years old, have read and understand the Terms of Use, and that you agree to be bound by these Terms of Use as set forth herein.

These Terms of Use are subject to the Privacy Policy, which also governs your use of the Platform. The Privacy Policy is incorporated into and made a part of these Terms. In addition, each Supplier shall have his, her, or its own set of terms, which bind all transactions.

SECTION II: GENERAL PROVISIONS

2.1. About Us; Lujo not Vendor; No Endorsement.

Through our Platform, we provide an online private members club wherein members can obtain access to our exclusive, luxury concierge services for villa rentals and other exclusive bookings, services, and gifts. As an online concierge service provider, we do not offer for sale or rent, provide, endorse or promote any Suppliers, products or services sold or rented, and we have no control over the quality, safety, morality or legality of any aspect of any products or services listed for sale or rent, the truth or accuracy of the listings, the ability of Suppliers to provide items sold or rented, the identity of any Supplier, buyer or renter, the ability of a buyer to pay for items purchased, or the ability of renters to pay for and maintain in good condition any item rented. If you rely on any of the information provided by or on the Platform, you do so solely at your own risk.

Suppliers alone are responsible for all listings on the Platform. When Users accept any listing for any services through the Platform, they are entering into a contract directly with a Supplier. Lujo is not and does not become a party to or other participant in any contractual relationship between Users and Suppliers, nor is Lujo a real estate broker or insurer. Lujo is not acting as an agent in any capacity for any User or Supplier.

You acknowledge and agree that we do not sell or rent, offer to sell or rent, invite to sell or rent, make or solicit any offers from any Suppliers. IN ALL INSTANCES, ALL SALES AND RENTALS ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE AND DELIVERED BY AND BETWEEN USERS AND SUPPLIERS, WITH WHOM A USER DIRECTLY CONTRACTS. AT NO TIME WILL A BUYER/SELLER OR RENTER/RENTEE RELATIONSHIP EXIST BETWEEN US. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law. 

2.2. Accuracy, Completeness and Timeliness of Information.

We are not responsible if information made available on the Platform, or via the Services is not accurate, complete or current, including but not limited to property and product descriptions and availability. You acknowledge that the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You acknowledge further that any reliance on the Platform is at your own risk.

2.3. Errors in the Platform.

We do not warrant that any errors in the Platform will be corrected. Due to the nature of the Internet, Lujo cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. 

2.4. Modifications and Changes to Terms of Use.

We may modify, add to, suspend or delete these Terms of Use or other agreements, in whole or in part, in our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Site and/or the App. Your use of the Site, App, or the Services after modification, addition or deletion of these Terms of Use shall be deemed to constitute acceptance by you of the modification, addition or deletion. 

2.5. Modifications and Changes to the Web Site, App, Services Offered.

We may modify, add to, suspend, or delete any aspect of the Platform, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use. 

2.6. Access to Site, App, and Services.

Though we try to make the Platform available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Platform will be at all times available. 

We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Platform.

Lujo may restrict the availability of the Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. Lujo may improve, enhance and modify the Platform from time to time.

2.7. Right of Refusal, Limitation, Discontinuation, and Termination.

We reserve the right to refuse to provide access to the Site, App, and/or Services for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel a User Account for any reason whatsoever, as allowable by law. In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account termination. 

2.8. Prohibited Uses of the Platform.

In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Platform: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Platform; (c) to violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Platform. We reserve the right to terminate your use of the Platform, or your Account on the Platform, for violating any of the prohibited uses or for any other reason in our sole and exclusive decision. 

2.9. Customer Service.

Customer Service is available twenty-four (24) hours each day via email at info@lujo.com, telephone at +1 212-365-8606, and Web chat. 

SECTION III: ACCOUNTS, USE OF THE SITE AND APP

3.1. Online Accounts.

Access to the App and our Services is by application only, and admittance as a member, and subsequent creation of an Account, is in our sole and exclusive discretion. Approved Users may be given the opportunity to register via a registration form to create a User account, (hereinafter your “Account,”) that will allow you to receive information from us and/or to participate in certain features of the Site, App, and the Services. Such Account registration may be done via a third-party plug-in (e.g. Google or Facebook) over which we have no control or authority and accept no liability, including but not limited to the use of your private information. We will use the information you provide in accordance with our Privacy Policy. By registering with us, you represent and warrant that all information you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information so that it remains current, complete and accurate. During the Account registration process, you may be required to choose a password. You acknowledge and agree that we may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use. You may cancel your Account at any time via the Account settings.

Identity verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s or Supplier’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users or Suppliers to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users or Suppliers, (ii) screen Users or Suppliers against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User or Supplier, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any third party. You must immediately notify us if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account. 

3.2. Transfer Prohibited.

You agree you shall not sell, loan, trade, or transfer your Account to any other person or entity. In addition, you shall not allow any third party to use your Account.

3.3. Right to Monitor. 

We shall have the right to monitor your Account and all activity occurring through your Account in our sole and exclusive discretion.

3.4. Cancellation of Account.

You may cancel your Account upon thirty (30) calendar days’ written notice to us. The failure to notify us of a cancellation at least thirty (30) calendar days’ prior to the end of a membership year shall result in the full, non-refundable fee for the following membership year being charged to User’s provided payment method. 

3.5 Booking Process

Subject to meeting any requirements (such as completing any acceptance or verification processes) set by Lujo, you can book a Service made available by the Supplier on the Platform by following the respective booking or reservation process. All applicable fees will be presented to you prior to such booking. You agree to pay the all applicable fees arising from any booking in connection with your Account. Julo will collect all applicable fees at the time of the booking request or upon the Supplier’s confirmation or acceptance, pursuant to the applicable payment terms.

Upon receipt of a booking confirmation email from Lujo, a legally binding agreement is formed between you and the Supplier, subject to any additional terms and conditions of the Supplier that apply, including the applicable cancellation policy and any rules and restrictions. If you make a reservation or book on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Supplier, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Supplier. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. 

Although we try to ensure that all availability displayed on the Platform is accurate, Suppliers, and especially restaurants, may cancel or amend bookings after they have been confirmed. We are not responsible for any cancelled or amended bookings. Please contact the Supplier directly if you have any queries. If you wish to amend a booking, you will need to discuss that with the Supplier directly. We cannot guarantee that the Supplier will be able to accommodate any changes.

3.5. Supply of Services.

All Services supplied via the Site and/or the App are at our discretion. We may refuse to make any bookings or purchases requested by any User for any reason, at our sole discretion. All delivery dates are estimates only and not confirmed until a purchase has been completed. No request for Services, reservation, booking, or product purchase is approved and accepted until you receive an email confirmation of the same. 

In addition, there is no guarantee that any Service supplier via the Site and/or the App will be available to any User on any requested date or time. Any time a User requests or attempts to book or reserve or purchase a Service through the Platform, such request shall be subject to acceptance and confirmation by the applicable Supplier. No request for Services, reservation, booking, or product purchase is approved and accepted until you receive an email confirmation of the same. 

3.6. Admission. 

User agrees and acknowledges that venues, restaurants, nightclubs, and other such premises and events made available by Suppliers through the Platform may have their own policies related to age and dress code and may refuse entry for any reason. Users are encouraged to review and make themselves aware of any such requirements for entry and to contact the Supplier directly in the event of any questions or concerns related thereto prior to making any purchase regarding the same. In no event shall we be liable should a User be refused entry.

3.7 Supplier’s Accuracy

Suppliers are solely responsible for all content that they you make available on or through the Platform. Accordingly, all Suppliers represent and warrant that: (i) they either are the sole and exclusive owner of all such content that they make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Lujo the rights in and to such content, as contemplated under these Terms; and (ii) neither the content nor your posting, uploading, publication, submission or transmittal of the content as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Suppliers will not post, upload, publish, submit or transmit any content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; or (v) promotes illegal or harmful activities or substances. We may remove or disable access to any Supplier provided content that is in violation of applicable law, these Terms or otherwise may be harmful or objectionable to Lujo, its Users, third parties, or property. 

SECTION IV: SERVICE FEES

4.1. Free Trial.

We may offer a free, thirty (30) calendar day trial in our sole and exclusive discretion. Free trials not cancelled prior to the expiration of the trial period shall be automatically converted to paid annual memberships on the thirty-first (31) calendar day following the activation of the trial. In such an event, all associated membership fees shall be automatically-billed to the payment information provided by User upon registration.

4.2. Membership Fee.

Use of our Services is subject to the payment of an annual fee (the “Membership Fee”) in the amount set forth at the time of Account creation and/or Account upgrade/downgrade. The Membership Fee shall be pre-paid on an annual basis and automatically billed to the payment method provided by User on the first day of the membership year or thirty-first (31st) day following the activation of a free trial, as applicable. In the event a Membership Fee shall increase, in our sole and exclusive discretion, we shall notify User of the same no later than forty-five (45) calendar days prior to the end of the User’s current membership year.

4.3. Refunds of Membership Fee.

Due to the nature of the Services, in no event shall a refund of a pre-paid Membership Fee be granted, for any reason, including but not limited to non-use by User, dissatisfaction with the Services or a Supplier, or a product or service bought or rented, or partial months of Service. Notwithstanding the forgoing, you have the right to withdraw from the purchase of a membership and receive a refund therefor less any applicable service fees for purchases made for the first fourteen (14) calendar days following your Account activation. Requests for such withdraws must be made to us, in writing. 

4.4. Membership Upgrades.

A User must first be approved for membership by Lujo before such User’s membership is eligible for upgrade. Subject to the foregoing, User’s membership may be upgraded at any time. In such an event, User shall owe the pro-rated difference between the original and upgraded membership type on a pro-rated basis for the remainder of the current membership year.

4.5. Payment Authorization.

In consideration of the use of the Platform and any bookings, reservations, purchases, and other Services made through the Platform, you hereby authorize us to purchase goods and services on your behalf and charge the same to your provided payment method immediately upon purchase. You hereby warrant, agree, and acknowledge that the payment method information you provide is current and will remain so at all times. Bookings, reservations, purchases, and other Services shall be charged to you immediately upon acceptance of the same. 

4.6. Handling Fees for Services.

We may, from time to time, charge a handling fee with respect to the Services. In such an event, you shall be notified of the same, in advance. 

4.7. Cancellation and Refund for Services.

Cancellation terms of the purchase of rentals and other services will be provided to User, in advance and in writing, of any bookings, reservations, purchases, and other Services. In the event such cancellation terms are not disclosed, the following default cancellation and refund policy shall apply: User shall be eligible for a return of fifty percent (50%) of the purchase price or deposit paid, less handling and non-refundable service charges, if requested at least forty-eight (48) hours prior to the date of use or arrival, as applicable. In the event of a cancellation made less than forty-eight (48) hours prior to the date of use or arrival, as applicable, User shall not be eligible for a refund and may further be liable for the payment of as if the service had been used in full. (For example and unless otherwise stated at the time of reservation, restaurant reservations not cancelled forty-eight (48) hours prior to the date of use may be subject to a non-refundable table-hold charge; and villa rentals not cancelled forty-eight (48) hours prior to the date of use or arrival, as applicable, may be subject to the entire villa rental charge for the rental period.)

4.8. Refunds for Product Purchases.

Users may request a return of and refund for purchased products within fifteen (15) calendar days’ after receipt thereof provided the product is returned, unused, and in its original packaging. User is responsible for all return shipping and handling, and must ensure the product is returned to us no later than thirty (30) days after a request for refund is approved. To request a refund, please contact us in writing at info@lujo.com.

4.9. Shipping & Handling, Cuties & Duties Taxes for Product Purchases. 

At the time of purchase, you may select your preferred delivery method and shall be responsible for reasonable shipping and handling associated therewith as well as any customs and duties taxes. In no event shall customs and duties taxes be refundable. 

4.10. Product Exchanges.

Product exchanges shall not be accepted for any reason. 

4.11. Right of Refusal, Limitation, Change and Discontinuation.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 

We and our Suppliers, reserve the right to discontinue the sale and/or provision of any and all Services provided by us for any reason at any time in our sole and exclusive discretion.

Any offer for the sale of any and all Services provided by us or a Supplier is void where prohibited.

SECTION V: INTELLECTUAL PROPERTY

5.1. Intellectual Property Rights Not Waived.

This is an Agreement for access to and use of the Platform, and you are not granted a license to any software or intellectual property by these Terms of Use in such Platform. The Platform, and the Site, App, and Services are protected by U.S. and, where applicable, international intellectual property laws. The Platform belongs to Lujo and is the sole and exclusive property of Lujo or its licensors (if any). Lujo retains all ownership rights in the Platform, Site, App, and Services. 

All material displayed or transmitted on this Site, App, and via the Services, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics, (hereinafter “Materials,”) are owned by us and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties.

Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on the Site or via the Services, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials. 

You may make a single print copy of any Materials provided by us on this Site or via the Services for personal, non-commercial use only, provided that you do not remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Materials. You may not archive or retain any of the Materials accessed on this Site, App, or via the Services without our express written permission. All requests for archiving, republication or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to info@lujo.com.

You acquire no rights or licenses whatsoever in the Materials other than the limited rights to use the Site in accordance with these Terms of Use. Any of the Materials accessed or downloaded from this site must be accessed or downloaded in accordance with the Terms of Use specified in this Agreement. We reserve any rights not expressly granted under these Terms of Use.

5.2. Feedback.

You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (hereinafter, collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes, without limitation, the right for us or any third-party we designate, 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. All such Feedback shall be treated as non-confidential.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other User to access, view, store or reproduce the content for that User's personal use. 

Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions and the like relating to Lujo or its initiatives, (hereinafter your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback, provided to us by third-parties, or independently-developed or considered by us, shall be without obligation to you.

SECTION VI: Third-Party Advertisements, Promotions, and Links

6.1. Third Party Advertisements and Promotions.

We may, from time to time, run advertisements and promotions from third parties on the Site and/or the App. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site and/or the App.

6.2. Use of Third-Party Tools.

We may provide you with access to third-party tools, which we do not monitor or have any control or input.

You acknowledge and agree that we provide access to such tools “AS IS” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site, App, and/or the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

6.3. Third-Party Links, Products, and Services.

Certain content, products, and services available via our Site may include materials from third-parties.

Through the App, Site, and/or the Services, we may direct you to third-party sites, apps and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or sites or apps or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party with whom you connect via the Site, App and/or the Services. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION VII: DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION

7.1. Disclaimer of Warranty; Limitation of Liability.

(A) YOU AGREE THAT USE OF THE PLATFORM, SITE, APP, AND SERVICES IS AT YOUR SOLE RISK. NEITHER US nor our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE use of the Site, APP, OR THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE; NOR DO we MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE, App, OR SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED.

(B) ANY INFORMATION PROVIDED VIA THE PLATFORM, SITE, app, OR SERVICES, DOWNLOADABLE SOFTWARE, PRODUCTS, OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. 

(C) ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THE SITE and app AND PROVIDED VIA THE SERVICES IS BELIEVED TO BE RELIABLE, WE MAKE NO REPRESENTATIONS, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE WEB SITE, app, AND/OR SERVICES.

(D) IN NO EVENT SHALL WE or our AFFILIATES NOR ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO PROFESSIONAL LIABILITY DAMAGES, MALPRACTICE LOSSES AND DAMAGES, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, personal injury or death, property damage, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE, app, OR SERVICES.

(E) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE information. BY utilizing THE PLATFORM, SITE, app, AND/OR SERVICES YOU ACKNOWLEDGE AND AGREe TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE Utilize THE SITE, app, OR THE SERVICES.

(F) OUR LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF OUR AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF membership FEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS AND NO/CENTS ($100.00,) WHICHEVER IS GREATER. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

The above limitations shall survive these Terms and inure to the benefit of us and our affiliates, directors, officers, members, employees, contractors, parents, subsidiaries, agents, third-party content providers, licensors, and any purchasing person or entity in the event that we are sold, in whole or in part, and/or restructured.

7.2. INDEMNIFICATION.

You agree to defend, indemnify, and hold us harmless, as well as our AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND LICENSORS from and against all claims, SUITS, and expenses, including attorneys' fees, arising out of OR RELATED TO (a) YOUR USE OF THE PLATFORM, SITE, app, AND/OR SERVICES; (B) your noncompliance with or breach of this Agreement; (C) your use of third-Party SERVICES, products, links, advertisements, and/or tools; (D) YOUR VIOLATIONS OF ANY THIRD-PARTY RIGHTS, INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; AND/OR (E) the unauthorized use of the Site, app, OR SERVICES by any other person using your information.

SECTION VIII: GOVERNING LAW; ARBITRATION

8.1. Governing Law.

These Terms of Use shall be governed and construed in accordance with the laws of New York without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in New York County, New York, and any cause of action that relates to or arises from these Terms of Use, the Platform, Services, the App, and/or the Site must be filed therein unless subject to the binding arbitration provisions of Section 8.2, infra.

8.2. Arbitration.

The parties agree that any dispute concerning, relating, or referring to these Terms and/or the Platform shall be resolved exclusively by binding arbitration in accordance with the substantive laws of New York and shall be brought for arbitration in New York County, New York, pursuant to the rules of the American Arbitration Association. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Nothing herein prevents either party from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction.

SECTION IX: MISCELLANEOUS

9.1. Affiliate Disclosure.

We may have an affiliate relationship with third-parties and affiliates to whose products and services we link and promote through the Site, App, and/or the Services. Because of this relationship we may earn a commission on products purchased by a User from a third-party affiliate.

9.2. Different and Conflicting Terms.

We reserve the right, but assume no obligation, to agree to different or conflicting terms and conditions with respect to any User. Any such terms and conditions will not be enforceable unless specifically agreed to by us.

9.3. Authority. 

Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its Terms.

9.4. Waiver. 

Any waiver of a right under these Terms of Use shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.

9.5. Force Majeure. 

We shall not be bound to meet any obligation if prevented from doing so as a consequence of Acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.

9.6. Assignment. 

We shall have the right to assign and/or transfer these Terms of Use and our rights and obligations hereunder to any third-party after notifying you as provided for herein. You agree and acknowledge that you shall not assign or transfer its rights or sub-contract or delegate the performance of any of its obligations under these Terms of Use without our prior written consent in our sole and exclusive discretion.

9.7. Rights of Third Parties. 

These Terms do not give any right to any third-party unless explicitly stated herein.

9.8. Relationship of the Parties. 

The parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither party has authority to enter into Terms of any kind in the name of the other party. 

9.9. Severability.

If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

9.10. Additional Services, Contests.

We reserve the right, in our sole discretion and from time to time, to offer contests, programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by these Terms together with the terms and conditions of such contest, program, product or service.

9.11. Notices.

Except as explicitly stated otherwise, any notices shall be given by postal mail to LUJO, LLC, b/d/a Lujo, 141 5th Avenue, Floor 2, New York, New York 10010

United States, and, in the case of any User, to the email address you provide to us (either during the registration process or when your email address changes). Notice shall be deemed given twenty-four (24) hours after such email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon Account registration. In such case, notice shall be deemed given three days after the date of mailing.

9.12. Updates.

From time to time, we may update these Terms of Use by prominently posting a notice of update to the Site and the App and contacting you at the email you provided upon registration, if applicable, so we encourage you to review them often.