Please read this carefully because it sets out the terms of a legally binding agreement between you and luxa terra. These terms also apply if you subscribe to receive the luxa terra Newsletter.
Index to sections:
- Access and use
- User generated content
- Third party sites and services
- Our responsibilities to you
- Choice of law and jurisdiction
- Content ownership
- Corporate information
- Changes to terms and conditions
This page sets out the terms and conditions on which you may use luxaterra.com and the content/services available on the site (which we call “luxa terra Content”). We only make these terms and conditions available in the English language.
In these terms we use the term “luxaterra.com” to refer to our website at luxaterra.com and our other mobile and online digital apps and services.
Except where we state otherwise in Section 4, references in these terms and conditions to “luxa terra” (or “we”, “us” or “our”) refer to the company operating luxaterra.com. See Section 9 below for our corporate information.
2. Access and Use
Our ability to invest in high-quality journalism depends on our users complying with this Section 2. Please read our Copyright Policy that summarises how you are allowed to use the luxa terra Content and provides guidance on the types of use we do not permit without the purchase of additional licences from luxa terra. You agree that you will comply with our Copyright Policy.
Organisations that may be using luxa terra Content without the appropriate permissions may approach us with a view to discussing the purchase of a licence to legitimize that use.
You are responsible for all use of luxaterra.com made by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure or unauthorised use of your ID or any payment information, you must notify luxa terra immediately by e-mailing us at firstname.lastname@example.org.
If you provide luxa terra with an email address that will result in any messages luxa terra may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or college) then you promise that you are entitled to receive those messages. You also agree that luxa terra may stop sending messages to you without notifying you.
4. User-Generated Content
luxaterra.com may include comments sections, blogs and other interactive features that allow interaction between users and between users and luxa terra editors. We call these “User Generated Content” or “UGC”.
You will retain ownership of the copyright in any of your UGC that you or we publish on luxaterra.com so you are free to re-use it as you wish. You agree that if you post UGC then you are granting luxa terra a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit that UGC in whole or in part as we see fit, whether on luxaterra.com or otherwise, without any requirement to pay you for this and with or without attribution to you. This means that you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence to use any UGC you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have in regard to the UGC.
You are responsible for all the content of any of your UGC that you or we publish. You are financially responsible to us for any claim against us by any third party that your UGC is not in accordance with the bullet points below or that otherwise relates to your UGC.
You agree that you will:
- only publish UGC that is your original content and will not infringe the copyright or other rights of any third party when publishing UGC.
- not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other forms of unsolicited communication.
- not post, link to or otherwise publish any UGC with recommendations to buy or not buy a particular share or other investment or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any share or other investment.
- not post, link to or otherwise publish any UGC that is threatening, offensive, libellous, indecent or otherwise unlawful.
- not post comments that are discriminatory in nature, for example, comments which make attacks on the grounds of race, religion, sex, gender, sexual orientation, disability or age.
- respectfully challenge different points of view but not personally attack other commentators.
- not disguise the origin of any UGC and not impersonate any person or entity (including luxa terra employees or guests or hosts) or misrepresent any connection with any person or entity.
- not post or otherwise publish any UGC unrelated to luxaterra.com or luxaterra.com’s topic.
- not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of luxaterra.com or any computer software or equipment.
- not collect or store other users’ personal data.
- not restrict or inhibit any other user from using luxaterra.com.
luxaterra.com contain UGC submitted by users over whom luxa terra has no control so we cannot therefore guarantee the accuracy, integrity or quality of any UGC. Some users may not behave properly and may post UGC that is misleading, untrue or offensive.
It is not possible for luxa terra to fully monitor all UGC published on luxaterra.com but where we have actually received notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then we will review that UGC, decide whether to remove it from luxaterra.com and act accordingly. This may include banning a user from participating in UGC on luxaterra.com.
Our moderation and community team may contact you from time to time regarding your comments. Comments, including those made under a pseudonym, can be linked to your luxaterra.com account by luxa terra.
If you believe that any UGC published on luxaterra.com infringes any legal rights that you may have or is not allowed under these terms and conditions, please notify us immediately with specific details by contacting us.
5. Third Party Sites and Services
luxaterra.com may contain links to other Internet websites or online and mobile services provided by independent third parties, including websites of our advertisers and sponsors (what we call “Third Party Sites”), either directly or through frames. Third-Party Sites may be co-branded with luxa terra and so include luxa terra’s trademarks.
luxaterra.com contains advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on luxaterra.com complies with international and national law. luxa terra is not responsible for any error or inaccuracy in advertising or sponsorship material.
Copyright in any software that is made available for download from luxaterra.com belongs to luxa terra or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with the software. Do not install or use any of this software unless you agree to such a licence agreement. luxa terra is not responsible for any technical or other issues that may happen if you download third-party software.
6. Our Responsibilities To You
A summary of what this section means: this section is important and you should read it carefully. It makes clear to what extent, if any, luxa terra accepts responsibility (liability) to you for your use of luxaterra.com or the luxa terra Content or in respect of any third party products or services that we refer to or link to on luxaterra.com. We accept no financial responsibility to you arising from your use of luxaterra.com or the luxaterra.com Content.
In no circumstances do we accept responsibility for your use of Third Party Sites or in respect of any Third Party Products. By Third Party Sites we mean websites, online or mobile services provided by third parties, including websites of advertisers and sponsors that may appear on luxaterra.com. By Third Party Products we mean products or services provided by third parties.
Limitations of luxa terra Content:
The luxa terra Content (including any information we publish regarding Third Party Products) is only for your general information and entertainment purposes and is not intended to address your particular requirements. In particular, the luxa terra Content, including UGC and any other content provided by third parties and distributed by luxaterra.com, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by luxa terra. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser.
Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) luxaterra.com are at your own responsibility and entered into at your own risk. Any information that you receive via luxaterra.com, whether or not it is classified as ”real time”, may have stopped being current by the time it reaches you. Share price information may be rounded up/down and therefore may not be entirely accurate.
What we promise:
luxa terra promises to develop and operate luxaterra.com with reasonable skill and care and will use reasonable efforts to promptly remedy any faults of which it is aware.
What we do not promise:
luxa terra does not provide any other promises or warranties about luxaterra.com and the luxa terra Content. luxaterra.com and the luxa terra Content are provided on an “as is” and “as available” basis. This means that luxa terra does not make any promises in respect of luxaterra.com or the services and functions available on or through luxaterra.com or of the quality, completeness or accuracy of the information published on or linked to from luxaterra.com other than as expressly stated above.
The above disclaimers apply equally to your use of luxaterra.com and all luxa terra Content. Without limiting the above, luxa terra is not liable for matters beyond its reasonable control. luxa terra does not control third-party communications networks (including your internet service provider), the internet, acts of god or the acts of third parties.
Our financial responsibility to you:
You agree that we are not responsible to you for any damages that you may incur arising out of your use of luxaterra.com or the luxa terra Content
The limitations of liability in this section 6 apply for the benefit of luxa terra, its affiliates and all of their respective officers, directors, employees, agents or any company who we transfer our rights and obligations to in accordance with these terms and conditions.
To the full extent permitted by law you acknowledge and agree that our third party content and data suppliers have no liability whatsoever to you in respect of any of their data supplied to you as part of the luxa terra Content.
7. Choice of Law and Jurisdiction
If you are a user whose principal address or principal use of luxaterra.com occurs in any jurisdiction other than the United States then these terms and conditions will be subject to English law. In this case, to the extent possible in the applicable jurisdiction, both you and we agree that the courts of England will (subject to the final paragraph in this Section 7) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
If you are a user whose principal address or principal use of luxaterra.com occurs in the United States then these terms and conditions will be subject to the laws of the State of New York, without regard to its conflict of laws provisions. In this case, to the extent possible in the applicable jurisdiction, both you and we agree that the courts of the State of New York will (subject to the final paragraph in this Section 10) have non-exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
You may not license or transfer any of your rights under these terms and conditions. We may transfer any of our rights or obligations under these terms and conditions to any company within mOOnshot digital’s group of companies but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honour your rights under them.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
These terms and conditions constitute the entire agreement between you and luxa terra relating to your use of the luxaterra.com website, luxa terra’s mobile and other online services, and the Content. They supersede all previous communications, representations and arrangements, either written or oral.
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9. Content ownership
All luxa terra Content belongs to luxa terra or its licensors who own all intellectual property rights (including copyright and database rights) in the luxa terra Content and any selection or arrangement of the luxa terra Content. No intellectual property rights in any luxa terra Content are transferred to you. ”luxa terra” and ”mOOnshot digital” are registered trademarks and you may not use them without written permission from luxa terra. You are permitted to use luxa terra Content only as set out in our Copyright Policy.
10. Corporate Information
luxa terra is the publisher of the luxaterra.com website.
11. Changes to Terms and Conditions
These terms and conditions were published on January 1, 2020.