Trendey Terms of Use Agreement

Date of last revision: 16 August, 2021

This terms of use agreement (“Agreement”) is between Trendey LLC (“Trendey,” “we,” “us,” “our,” or “ourselves”) and the person or entity (“you” or “your”) that has decided to use our services; any of our websites, including Trendey.com; any of our apps; or any features, products, graphics, text, images, photos, audio, video, location data, computer code, and all other forms of data and communications (collectively, “Services”).

By using the Services in any way, you agree to be bound by this Agreement. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Privacy Policy, posted at https://trendey.com/privacy and incorporated by reference herein, do not use the Services.

The terms of this Agreement are subject to change at any time as set out in Section X (I). It is your responsibility to check periodically for any changes. Continued use of the Services shall constitute acceptance of any changes.

I. Description of the Services

A. The Services include an online magazine and newsletter, supplemented with user generated content and photographs, focusing on men’s health and high-end lifestyle. The website provides content about travel, cuisine, health, style, wealth, and more.

B. All content on the Services, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Trendey. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. All Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.

C. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Trendey.

D. You further agree not to reproduce, duplicate or copy Content from the Services without the express written consent of Trendey, and agree to abide by any and all copyright and other legal notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.

II. Your Use of the Services

A. Your Representations and Eligibility to Use Services. By using the Services, you represent and warrant you: (i) have the authority and capacity to enter this Agreement; (ii) are at least 18 years old; and, (iii) are not precluded or restricted in any way from using the Services, either by law or due to previous suspension from the Services.

B. Truthfulness of Information. You represent and warrant that all information you submit when using the Services is complete, accurate, and truthful. You are responsible for maintaining the completeness, accuracy, and truthfulness of such information.

C. Limited Use of Services. The Services are only for the uses specified in this Agreement. You agree that you will not use our proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement. We reserve the right to investigate and take legal action in response to illegal and/or unauthorized uses of the Services.

  1. You agree that our Services contain proprietary information and material that we own and is protected by applicable intellectual property and other laws, including but not limited to trademark, copyright, patent, and trade secret laws.
  2. Our ownership extends to all content, features, and functionality on the website or app, and in our communications, that is protected or protectable under the law.
  3. You agree that you will not use our proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement.
  4. In no way should your use of the Services be construed to diminish our intellectual property rights or be construed as a license or the ability to use the Services in any context other than as expressly permitted under this Agreement.

D. Prohibited Activities. You shall not engage in the following activities:

  1. Reproduce any portion of the Services in any form or by any means, except as expressly permitted in this Agreement or otherwise in writing by our authorized agent.
  2. Modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services in any manner, and you shall not exploit the Services in any unauthorized way.
  3. Use the Services for any unlawful activities or in violation of any laws, regulations, or contractual provisions, or to induce others to do or engage in the same.
  4. Use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity.
  5. Access another’s account without permission of us or that person.
  6. Publish or allow to be published malicious code intended to damage any mobile device, browser, computer, server, or network hardware.
  7. Spam any comments section with offers of goods and services, or inappropriate messages.
  8. Use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services.
  9. Decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services.
  10. Solicit passwords or personal identifying information for commercial or unlawful purposes from others or disseminate another person’s personal information without that person’s permission.
  11. Post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
  12. Post or transmit any material that deceptively impersonates any person or entity.
  13. Post or transmit any material belonging to your employer unless you have either (i) received permission from your employer to post or make available the material, or (ii) secured from your employer a waiver as to all rights in or to the material.
  14. Post or transmit any material unless you have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to Trendey any required rights to use the material.

Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to law enforcement and/or your internet service provider.

E. Email Subscription. We maintain a listserve to send a newsletter for those who wish to receive updates on the latest trends and content. You may opt in to receive such emails through our website and opt out at any time.

F. Account Creation. In order to access some features of the Services, you will have to create an account. You may never use another’s account without the account holder’s permission. When creating your account, you must provide accurate and complete information. Should any of your information change after submitting it to the Services, you are required to update that information immediately.

G. Account Activity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Trendey immediately of any breach of security or unauthorized use of your account. Although Trendey will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Trendey or others due to such unauthorized use.

III. Third Party Content / Interactive Features

A. The Services may permit the submission, hosting, sharing, and/or publishing of text, photographs, audio, videos, reviews, or other content, including photographs approved to be reproduced on the Services through social media, by you, other users, and other third parties such as our partners or affiliates (“Third-Party Content”).

B. Third-Party Content also includes, but are not limited to, reviews, photograph submissions, profile submissions, and any other interactive area of the Services.

C. By posting, submitting, uploading, or consenting to the republishing of any Third-Party Content (collectively, “Submitting”), you automatically grant, and you represent and warrant that you have the right to grant, to Trendey an irrevocable, perpetual, non-exclusive, fully paid, sublicensable, transferable, worldwide license to use, copy, perform, display, and distribute said Third-Party Content and to prepare derivative works of, or incorporate into other works, said Third-Party Content, and to grant and authorize sublicenses of the foregoing.

D. You acknowledge that the interactive features on the Services are not for private communications. You acknowledge that you have no expectation of privacy with regard to any content you submit to the Services. Trendey cannot guarantee the security of any information you disclose through the Services. You make such disclosures at your own risk.

E. When posting Third-Party Content, you agree never to use a third-party agent, service, or intermediary that offers to post Third-Party Content to the Services on your behalf (“Posting Agent”). Posting Agents are not permitted to post Third-Party Content on behalf of others, except with express written permission from Trendey.

F. You must not describe or assign keywords to your Third-Party Content in a misleading or unlawful manner, and Trendey may change or remove any description or keyword that it considers inappropriate or unlawful in Trendey’s sole discretion.

G. You are and shall remain solely responsible for any and all Third-Party Content you post, submit, create, or consent to the reposting of, on the Services.

H. You understand that when using the Services, you will be exposed to Third-Party Content from a variety of sources, and that Trendey is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third-Party Content. You agree to waive any legal or equitable rights or remedies you have or may have against Trendey with respect thereto.

I. Third-Party Content may contain the views and opinions of individual content authors. Trendey does not endorse any Third-Party Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Third-Party Content.

J. Trendey does not prescreen Third-Party Content submitted and has no duty to monitor any interactive area of its website. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate.

IV. Unsolicited Material and Ideas

A. We are happy to hear from users and welcome feedback regarding the Services. However, neither the Services nor Trendey are responsible for the similarity of any of its content in any media to materials or ideas you provide to the Services.

B. If you transmit unsolicited submissions to us through the Services or otherwise, you grant Trendey a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions.

C. By using the Services and transmitting an unsolicited submission to us, you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against Trendey and its affiliated companies, officers, directors or employees relating to our use of such submission.

V. INDEMNITY

A. You agree to defend, indemnify and hold harmless Trendey, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  1. Any Third Party Content you post, submit, or consent to the reposting of;
  2. Your use of and access to the Services;
  3. Your participation in any interactive area of the Services;
  4. Your violation of any term of these Terms of Use;
  5. Your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right;
  6. Your violation of any law, rule or regulation of the United States, any state, or any other country;
  7. Any claim that Third-Party Content posted, submitted, or consented by you or using your account caused damage to another third party;
  8. Any other party’s access and use of the Services with your account.

B. This defense and indemnification obligation will survive these Terms of Use and any termination of your use of the Services.

VI. Disclaimers and Waivers

A. No Guarantees, Endorsements, or Investigation

We fund our Services primarily through sponsored content, referral revenue, banner ads, and other advertisements on our website. We do not investigate third-parties or their content, and we do not provide any guarantees or endorsements of any third-party, their content, or their products or services. You accept all risks associated with or relating to any third party or their products or services.

B. WARRANTY DISCLAIMER

  1. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRENDEY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
  2. TRENDEY MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
  3. TRENDEY IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER OR ANY OTHER THIRD PARTY.
  4. TRENDEY, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
  5. YOU WAIVE ANY LIABILITY OR CLAIMS AGAINST US FOR ANY INJURIES OR DAMAGES YOU SUSTAIN AS A RESULT OF USING THE SERVICES, INCLUDING ON RELIANCE OF ANY CONTENT OR REPRESENTATION ON OUR WEBSITE.

C. California-Specific Waiver and Notices

You understand and agree the above waiver includes waiver of a claim of the type identified under California Civil Code, Section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

The following notice is for California users pursuant to California Civil Code Section 1789.3: If you have a question or complaint about us, our products, or our Services please contact us at help@nextluxury.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs by telephone at (800) 952-5210 or by mail at the Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.

D. Advertising and Referral Revenue

We fund our Services primarily through advertising and referral revenue. Through our Services, we may provide various advertisements, third-party links, and sponsored reviews.

VII. Limitation of Services and Termination

A. Right to Remove Content

We reserve an unrestricted right to remove content at any time without advanced notice. Nonetheless, we are not responsible for any third-party content and make no commitment or assurances that we will remove, monitor, or assess any specific third-party content, regardless of its content or character.

B. Right and Grounds to Terminate Access

To protect us and our users, we reserve an unrestricted right to refuse, terminate, block, or cancel your access to the Services at any time, with or without cause. Primary reasons warranting termination include:

  1. You violating any of the provisions of this Agreement;
  2. You hindering or interfering with us in providing our Services;
  3. You making misrepresentations, lying, or deceiving us; and,
  4. You using the Services in violation of any international, federal, state, or local law.

C. No Right to Services or Content

You neither possess nor retain any ownership of or rights to the Services, regardless of who generated the content. Upon termination, you have no right to access, retain, or have returned any such information.

D. Termination of Account. You agree that Trendey, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services immediately and without notice, for any reason. Further, you agree that Trendey shall not be liable to you or any third-party for any termination of your access to the Services.

E. Termination of Service. Trendey may modify, suspend, discontinue or restrict the use of any portion of the Services, including the availability of any portion of the content at any time, without notice or liability.

F. Survival

The parties’ obligations under this Agreement, which by their nature are intended to continue beyond the termination or expiration of this Agreement, shall survive the termination or expiration of this Agreement. Without limiting the generality of the foregoing, Sections I(B), I(C), I(D), III, IV, V, VI, VIII, IX, and X shall survive termination.

VIII. Digital Millennium Copyright Act

A. Infringement Not Permitted. Trendey does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Trendey will remove any content if properly notified that such content infringes on another’s intellectual property rights.

B. DMCA Notice. If you are a copyright owner or an agent thereof and believe that any Third-Party Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:

  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;
  3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  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; and
  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.

Trendey’s designated Copyright Agent: Trendey LLC, Attn: Copyright Agent, help@nextluxury.com

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

C. Counter-Notice. If you believe that your Third-Party Content that was removed is not infringing, you may send a counter-notice containing: (1) Your physical or electronic signature; (2) Identification of the content that has been removed; (3) A statement that you have a good faith belief that the content was removed as a result of mistake; and (4) Your name, address, telephone number, and e-mail address, and a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada.

D. Effect of Counternotice. If a counter-notice is received by the Copyright Agent, the Services may send a copy of the counter-notice to the original complaining party. The removed content may be replaced in 10 to 14 business days or more after receipt of the counter-notice, at the Services’ sole discretion.

IX. Governing Law / Disputes

A. You agree that the Services shall be deemed solely based in the State of Nevada.

B. The Services shall be deemed a passive website that does not give rise to personal jurisdiction over Trendey, either specific or general, in jurisdictions other than Nevada.

C. Governing Law / Jurisdiction. These Terms of Use will be governed and interpreted in accordance with the internal laws of the State of Nevada, without regard to principles of conflict of laws. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect. You consent and submit to the sole and exclusive jurisdiction of the state and federal courts located in Clark County, Nevada.

D. Disputes. Any dispute, claim or controversy arising out of or relating to the Services or this Agreement shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. The arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages. Judgment on the Award may be entered in any court having jurisdiction.

E. Statute of Limitations. You agree to file any claim regarding any aspect of the Services or these Terms of Use within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.

F. Class Action Waiver. YOU AGREE THAT ANY ARBITRATION OR OTHER LEGAL PROCEEDING SHALL BE CONDUCTED IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND YOU EXPRESSLY WAIVE YOUR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

X. General Provisions

A. Successors and Assignees

We may assign this Agreement to an affiliate or in connection with a merger or sale of all or substantially all of our corresponding assets. You may not assign this Agreement. You agree that any waiver or protections afforded to us are also provided to our affiliates, directors, officers, principals, employees, agents, and successors.

B. Arbitration

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement shall be binding arbitration administered by the American Arbitration Association. You may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding.

C. Limitation of Liability

To the maximum extent permitted by law, in no event shall we or our agents be liable to you or any other person or entity for any direct, punitive, incidental, special, consequential, or exemplary damages.

D. Consent to Electronic Service

When you use the Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

E. Waiver

If one party waives any term or provision of this Agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this Agreement, that party retains the right to enforce that term or provision at a later time.

F. Severability

If any provision of this Agreement is invalid or unenforceable, the remainder of this Agreement will remain in effect and be construed consistent with the purpose of this Agreement, to the fullest extent permitted by law.

G. Understanding of Agreement

You acknowledge that you understand the terms and conditions of this Agreement. You also acknowledge that you could discuss these provisions with a lawyer at your own expense prior to entering into this Agreement and have either done so or chosen not to do so. Regardless of your choice, you intend to be fully bound by this Agreement.

H. Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between us, and supersedes all prior agreements, representations, and understandings, oral or written, between us.

I. Modification

We reserve the right to amend these Terms of Use at any time. If we do this, we will post the amended Terms of Use on this page and indicate at the top of the page the date the Terms of Use were last revised. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms of Use.

J. Ability to Accept Terms of Use

You hereby declare, represent and warrant that you are over eighteen (18) years of age, or that you are an emancipated minor, or that you possess legal parental or guardian consent, and that you are fully able and competent to legally bind yourself to and abide by all of the terms of these Terms of Use. Children under eighteen (18) years of age are hereby explicitly prohibited from using the Services.

K. Consent

By using the Services in any way you are agreeing to comply with these Terms of Use. In addition, when using a particular service, you agree to abide by any applicable posted guidelines, which may change from time to time. Should you object to any term or condition of the Terms of Use or any subsequent modifications thereto, your only recourse is to immediately discontinue your use of the Services.