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Terms & Conditions
P.V. Creations - Terms and Conditions Welcome to www.Luxtural.com (the "Website"). P.V. Creations LLC ("P.V. Creations") owns and operates the Website.

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS ("THESE TERMS", OR THE "TERMS AND CONDITIONS"). BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ANY AND ALL OF THE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.

The Website is not directed to children under the age of 13. If you are under 13 years old, you may browse the Website; however, you must not purchase Products or provide us with any of your personally identifiable information.

The Website offers you information about P.V. Creations' products (the "Products"), and buy Products online.

Purchase Policy
The Products are offered for your personal use only. You may not sell or resell any of the Products or samples thereof, which you purchase or receive. P.V. Creations reserves the right at all times to cancel your order or reduce the quantities ordered if P.V. Creations believes that the order may result in a breach of these Terms.

Acceptable use of the Website
Subject to these Terms you may access and use the Website, create an account and buy our Products online.

When using the Website, you agree to: (i) abide by all applicable local and international laws, regulations and rules; (ii) take full account for all acts or omissions associated with your access and use of the Website and the access and use of Website by anyone on your behalf; (iii) communicate your requests, queries and other submissions with respect to your use of the Website and the Products only to P.V. Creations; (iv) refrain from interfering with, circumventing, manipulating, or disrupting the operation, or the functionality of the Website, from sending automated or machine generated search queries, and from using robots, crawlers and similar applications to collect and compile content from the Website, for the purposes of competing with the Website or with other P.V. Creations' services; (v) avoid transferring your account details to any other person without P.V. Creations' explicit prior written consent; (vi) refrain from displaying the Website or any part thereof in an exposed or concealed frame, or linking, including in-line linking, to elements on the Website, such as images and videos, independently from the web pages of the Website on which they originally appear; (vii) refrain from impersonating any person or entity, or making any false statement pertaining to your identity, gender, age or affiliation with any person or entity; (vii) refrain from collecting or processing personal information of the Website's users without their explicit consent; (viii) refrain from uploading content which is not reasonably related to the subject of the Website, or of the services offered through the Website; and (ix) refrain from uploading commercial content, including advertisements, sponsorships, solicitations, endorsements and public relations material, except as expressly permitted by P.V. Creations and in designated zones only.

User generated Content
P.V. Creations encourages free speech and open discussion on the Website. However, you may not upload, disseminate, transmit, make available, distribute or otherwise communicate through, or to the Website, or through or to any of the services including therein, Content which may reasonably be deemed as:
  • Infringing or violating intellectual property rights of other parties, including patents, copyrights and trademarks;
  • Identifying minors, their personal details or their address and ways to contact them;
  • Containing software viruses, Trojan Horses, Worms, Vandals, Spyware or any other malicious applications;
  • Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under any applicable law;
  • Constituting a violation of a person's right for privacy or right of publicity;
  • Violating a court restraining order or any other judicial order which prohibits the publication of the content;
  • Threatening, abusive, harassing, defamatory, libelous, vulgar, or obscene or racially, ethnically or otherwise objectionable;
  • Constituting unsolicited commercial communications ('spam'), chain letters, or pyramid schemes.
P.V. Creations may review the Content on the Website and delete the Content or any part thereof, remove it, block access to it, or refuse to upload it on the Website, for any reason that may be considered by P.V. Creations to be justified, including: (1) To prevent misuse of the Website; (2) When P.V. Creations deems the Content to be in breach of these Terms, or any other applicable rules and instructions that P.V. Creations may convey with respect to the use of the Website; (3) When your user account is canceled, either by yourself or by P.V. Creations; (4) When pursuant to these Terms, an owner of rights in any Content reasonably advises P.V. Creations to remove or block access to such Content; (5) If you upload Content to a certain service on the Website and the Content is unrelated to the subject of the service or is harmful, abusive, annoying, or otherwise objectionable in P.V. Creations' or other users' view.

P.V. Creations encourages you to treat content available on the Internet, including any Content made available by others on the Website, with caution and discretion. Such Content is not made available on P.V. Creations' behalf and P.V. Creations cannot guarantee its accuracy, credibility, authenticity, validity, integrity or legality.

P.V. Creations does not warrant or guarantee that any Content that you wish to upload on the Website will be uploaded or that it will be made available indefinitely.

P.V. Creations may also delete or block access to Content after a certain period of time from initial uploading. Consequently, you may not find Content that you or any other user previously uploaded on the Website.

Registration and user account
The Website serves all Internet users. However, certain services may be available to registered users only. If you wish to purchase a Product, you may, but under no obligation to, first open a personal account. The registration is free of charge and it will enable you to receive information about P.V. Creations' Products, including about new products, discounts and special offers.

BY REGISTERING OR BUYING A PRODUCT ONLINE YOU REPRESENT AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER.

When you register with the Website, P.V. Creations will ask you to provide certain contact and personal details. Bear in mind that false, incorrect, or out dated information may prevent you from registering and impair the ability to provide you with the services of the Website and to contact you. P.V. Creations will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register with the Website.

To login, you must use your personal code (such as: email address and password). Alternatively, P.V. Creations may provide you with a password for accessing your account and may from time to time establish and require additional or different means of identification and authentication for logging in and accessing your account, or for accessing certain services on the Website.

You agree to maintain your access code in absolute confidentiality and refrain from disclosing it to others. Make sure that you change your password frequently and at least once every six months. If you forget your access code, P.V. Creations will provide you with means to change it.

You are fully accountable for any outcome that may result from your failure to provide complete details in the course of the registration process, from your failure to keep your account details in confidence, and for any use or misuse of your account on the Website as a result of conveying your details to someone else.

You may terminate your account at any time, by sending a request for termination at support {-at-}luxtural.com. P.V. Creations may require you to verify your termination notice by sending an additional termination request message, either by e-mail or through any other means, as a precondition for terminating your account. Your account will terminate 10 days following your notification, and from that date of termination you will no longer be able to access your account.

Notwithstanding any remedies that may be available under any applicable law, P.V. Creations may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Website and take technical and legal steps to keep you off the Website, if P.V. Creations believes that -
  • you have abused your rights to use the Website; or
  • you have breached these Terms; or
  • you deliberately submitted false information; or,
  • you have performed any act or omission that violates any applicable law, rules, or regulations; or,
  • you have performed any act or omission which is harmful or likely to be harmful to P.V. Creations, or any other third party, including other users and suppliers of P.V. Creations; or,
  • you made use of the Website to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,
  • you conveyed your account access code to another person; or,
  • you are in debt to P.V. Creations or to another person with respect to any transactions made on or through the Website.
Shipment and return policies
Certain Products sold by P.V. Creations require special handling as specified by federal and local regulations governing the transport of these Products. The method of shipment for these Products may be dictated by these regulations. Therefore, the shipment of certain Products to certain destinations, mainly outside of the U.S., may not be possible. The Destinations of shipment may be changed from time to time. Therefore, P.V. Creations does not guarantee that your order shipment will be completed. P.V. Creations is not responsible for any damages that may occur to the Products during their shipment. You hereby represent and warrant that when placing an order, you will comply with all rules and regulations affecting the order shipment and you will bear all risk and liability upon yourself.

The current shipping, handling, returns and exchanges policies are available on the Website.

Fees and Payments
In order to purchase Products on line, P.V. Creations will require you to pay applicable fees on the Website. The current rates and payment terms are available in the Website's fee schedule. P.V. Creations may, at any time and in our sole discretion, convert a free of charge service to a fee-based service, and change rates and payment terms. All fees are quoted in U.S. Dollars, unless expressly stated otherwise. Any changes in P.V. Creations' fee schedule will take effect immediately after being posted on the Website.

You represent and warrant that you will pay all fees and taxes in a timely manner and in compliance with P.V. Creations' fee schedule. Failing to settle your payments will prevent you from further using the Website, notwithstanding any other remedies available to P.V. Creations under the applicable law.

Links to other sites
The Website may include links to content on other web sites and online services. P.V. Creations does not operate, or monitor these websites and services. You may find them or the information and content included therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website or service, P.V. Creations does not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. P.V. Creations assumes no responsibility or liability for such third party websites or services, or for their availability.

The Website may include paid advertisements, sponsored links and commercial information (the "advertisements"). By clicking on the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. P.V. Creations is not responsible for any of the advertisers' practices including their privacy practices, or for the content of their websites, information, messages or offers.

DMCA notice
P.V. Creations LLC respects the intellectual property rights of others. If you believe that certain content on the Website infringes upon copyrights that you own or represent, you may send our Copyright agent a written notification, pursuant to the provisions of the Digital Millennium Copyright Act ("DMCA"). To be effective, your notification of claimed infringement must be a written communication provided to our designated Copyright Agent that includes substantially the following:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

After receiving your communication, we may ask you to provide us with further or supplemental information, prior to removing any content from the Website as we deem necessary to comply with the provisions of the DMCA. We may also provide the person who posted the allegedly infringing content with your contact details, in order for that person to be able to contact you and challenge your claim.

You may submit a counter notification to our Copyright Agent. To be effective, your counter notification must be a written communication provided to our designated agent that includes substantially the following:

(1) Your physical or electronic signature;

(2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(3) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

(4) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which you may be found, and that the you will accept service of process from the person who provided notification or an agent of such person.

After receiving any request to remove or re-post content on the Website, we will consider the request and act in accordance with the applicable law.

Under the provisions of the DMCA, any person who knowingly materially misrepresents: (1) that material is infringing, or (2) that material was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, that P.V. Creations may incur, if it is injured by such misrepresentation, as the result of its reliance upon such misrepresentation in removing or disabling access to the material claimed to be infringing.

P.V. Creations, in appropriate circumstances, will terminate subscribers and account holders of the Website, who are repeat infringers. If you believe that a certain subscriber or account holder is a repeat infringer, please contact the Copyright Agent, and provide information sufficient to confirm that the certain subscriber or account holder is a repeat infringer.

Our designated Copyright Agent is: Jeff Vilinsky, address: P.O. BOX 375 FAIR LAWN NJ 07410; telephone number: 201 7946353; e-mail address: vmg1{-at-}mac.com; fax: 201 7943789. Please note that our Copyright Agent receives DMCA notifications only. Any other matters, such as comments, requests and other messages should be referred to: support {-at-} luxtural.com.

Privacy
P.V. Creations respects your privacy. The Website's Privacy Policy is available at: http://www.luxtural.com/store/help.php?section=business. It explains the accepted privacy practices on the Website and is incorporated by reference to the Terms. The terms of the Privacy Policy may change from time to time and therefore it is recommended that you read it periodically.

Intellectual property
All rights, title and interest in and to the Website, to any content thereof and to the Products, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to P.V. Creations.

Unless otherwise expressly permitted by P.V. Creations in these Terms you may not copy, distribute display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Website, which is subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including electronic, mechanical or optical means;

You may not make, have made, use, sell, offer to sell, have sold, distribute, import, or engage in any other commercial use of the Products, without receiving a prior license from P.V. Creations.

You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of P.V. Creations' trademarks, service marks and logos.

You must avoid any action or omission which may dilute, or tarnish P.V. Creations' goodwill.

You agree to abide by all messages and signs related to proprietary rights, such as a copyright mark [©] or Trademark [® or ™] accompanying the content on the Website. You agree to retain and avoid distorting such signs and notices in any copy thereof.

DISCLAIMER OF WARRANTY
P.V. CREATIONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE, OR THE RESULTS OF THE USE OF THE PRODUCTS, INCLUDING IN CONNECTION WITH ANY TAX OR CUSTOMS LAWS AND REGULATIONS IN YOUR STATE OF RESIDENCE, OR ANY OTHER APPLICABLE LAWS AND REGULATIONS, AND IN CONNECTIONS WITH SHIPPMENT AND STORAGE CONDITIONS.

THE WEBSITE IS PROVIDED FOR USE WITH ALL FAULTS, "AS IS" AND "AS AVAILABLE". P.V. CREATIONS DISCLAIMS ALL WARRANTIES AND REPRESANTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE USE OF THE SERVICES THEREOF, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. P.V. CREATIONS DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE WEBSITE WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFULL COMPONENTS, OR ERROR, OR THAT THE WEBSITE WILL BE IMMUNE FROM UNAUTHORIZED ACCESS.

P.V. CREATIONS DOES NOT ENDORSE OR RECOMMEND ANY SPECIFIC MEDICAL TREATMENT. THE CONTENT ON THE WEBSITE IS NOT MEDICAL ADVICE, IS NOT INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT AND SHOULD NOT BE USED, OR CONSTRUED AS SUCH. THE PRODUCTS ARE NOT AND MUST NOT BE REGARDED AS A SUBSTITUE FOR MEDICAL TREATMENT. CONSULT YOUR PHYSICIAN OR OTHER RELEVANT AND QUALIFIED HEALTHCARE PROVIDERS IF YOU HAVE CONCERNS ABOUT USING THE PRODUCTS, AND FOR ANY OTHER DIAGNOSTIC AND TREATMENT PURPOSES.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE WEBSITE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

LIMITATION OF LIABILITY
P.V. CREATIONS, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (TOGETHER "P.V. CREATIONS' GROUP") WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE PRODUCTS, THE USE OR INABILITY TO USE THE WEBSITE, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF THE WEBSITE, OR FROM ANY FAULT OR ERROR MADE BY P.V. CREATIONS' GROUP'S STAFF, OR FROM YOUR RELIANCE ON CONTENT ON THE WEBSITE, OR FROM ANY COMMUNICATION WITH THE WEBSITE, OR WITH P.V. CREATIONS, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT ON THE WEBSITE, REGARDLESS OF WHETHER P.V. CREATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, OR MALFUNCTIONS, IF APPLICABLE OR PUSUANT WITH P.V. CREATIONS' RETURN POLICY.

Indemnification
You agree to indemnify, defend and hold harmless, P.V. Creations, at your own expense and immediately after receiving a written notice, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Website, or your breach of these Terms, or any other terms, rules or regulations applicable to the use of the Website, or the order, shipment and use of the Products.

Governing Law, Jurisdiction
Except as provided for in the DMCA notice chapter, these Terms will be governed by and construed in accordance with the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of New York or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of New York.

You agree to resolve any dispute or claim that you may have against P.V. Creations' group and to submit to personal jurisdiction in the exclusive jurisdiction of state and federal courts in the city of New York, New York.

Contact details
You may contact P.V. Creations' customer relations, by filling in the form at the 'contact us' [add link] web page, or by using the contact details hereunder. P.V. Creations may publish in public, including on the Website, any communications with you, provided that your personal details will not be made public without your prior consent. All communications will be deemed as received after one business day.

P.V. Creations' contact details:
P.V. Creations LLC
P.O. Box 375 Fair Lawn, NJ 07410
Telephone 1-800-324-3658
Outside of the US call 201-794-6353
support {-at-} luxtural.com

Changes in the Website
P.V. Creations may from time to time change the Website's layout, design or display, as well as the scope and availability of the content and services therein, the available Products' delivery destinations and the return and/or exchange policies, without giving prior notice. Changes of this type by their very nature may cause inconvenience or malfunctions. You agree and acknowledge that P.V. Creations does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.

Site and service availability
The availability and functionality of the Website depend on various factors and elements, including software, hardware and communication networks, partially provided by third parties. These factors are not fault free, and P.V. Creations does not warrant otherwise.

Termination of operation
P.V. Creations may at all times, in its sole discretion, terminate the operation of the Website, or any part thereof, temporarily or permanently. P.V. Creations may not give any notice prior to the termination of the Website. At any time, certain content or a service may be blocked, removed or deleted without maintaining any backup copy.

You agree and acknowledge that P.V. Creations does not assume any responsibility with respect to, or in connection with the termination of the Website's operations and loss of any data as a result.

Export rules
You agree that the Products will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Products are identified as an export controlled item under the Export Laws, you represents and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation (including without limitation Iran, Syria, Sudan, Libya, Cuba and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the Products.

Amendments to the Terms
P.V. Creations may from time to time change the Terms, including any and all documents, forms and policies incorporated thereto. Substantial changes will take effect 30 days after an initial notification was posted on the Website's homepage or any other relevant web pages on the Website. Other changes will take effect 7 days after their initial posting on the Website, unless the Terms are amended to comply with legal requirements, where in such cases the amendments will become effective as required, or ordered.

You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Website will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid any further use of the Website.

General
The Terms and Conditions constitute the entire agreement between you and P.V. Creations with respect to the use of the Website and the services therein

No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by P.V. Creations, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by P.V. Creations' authorized representative.

The Terms and Conditions will take precedence over all documents, forms and policies incorporated thereto, which may conflict with these Terms, unless specifically indicated in such documents that a certain provision is determined notwithstanding any of the provisions of these Terms.

Failure on P.V. Creations' part to demand performance of any provision in the Terms will not constitute a waiver of any of P.V. Creations' rights under the Terms.

The United Nations Convention on Contracts for the International Sale of Goods will not govern the Terms.

Changes in Ownership
P.V. Creations may incorporate the ownership or management of the Website as a separate corporation, or transfer ownership rights and title in the Website, to a third party, provided that your rights according to these Terms are not harmed by the transfer of rights. In that case, a copy of the details and information related to you will be transferred to the corporation receiving the rights in the Website and you hereby give your prior consent thereto.

No Assignment
Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without P.V. Creations' prior explicit and written consent.

Interpretation
The section headings in the Terms are included for convenience only and will take no part in the interpretation, or construing of the Terms.

"including", whether capitalized or not, means without limitation.

Severability
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.

Survival
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, will survive the termination, or expiration of the Terms.

 
 
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