Lounge22 - Terms Of Use

Terms Of Use

EFFECTIVE AS OF JANUARY 8, 2008

Welcome to Lounge 22’s Web site, lounge22.com and its related web sites contained therein (collectively, the “Site”). This Site makes available information on Lounge 22’s products and services.

Terms of Use
By accessing, using or viewing this Site, you hereby agree to be bound by this Terms of Use Agreement (“Terms of Use”). Lounge 22 may revise these Terms of Use at any time by updating this posting. If you access, use or view this Site after such revisions have been made, you will be bound by them. Therefore, you are advised to periodically review this page for such revisions. If you do not agree to these Terms of Use, please exit this Site.

The services of this site are available only to individuals who can form legally binding contracts under the applicable law and thus are not available to minors. By using this Site, you represent that You are of sufficient legal age (i.e., over 13 years of age) to use this Site and to create binding legal obligations in connection with your use of this Site.

Privacy Statement
We respect and protect your privacy. Please review our Privacy Policy to understand our practices regarding your privacy in connection with this Site.

Restrictions on Use of Materials

This Site, including all information, content and material made available, including, but not limited to videos, audio and images (collectively the “Materials”), is the copyrighted property of Lounge 22 and/or its various third party providers. Lounge 22 hereby grants you a personal, non-exclusive, non-transferable, revocable license to access and use our Site and the information contained within this Site. You may not assign or sublicense this license.

This Site and Materials provided on this Site may not be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed without the prior written permission of Lounge 22, except that a user may download, display and print one copy of the materials presented on this Site on a single computer for personal, non-commercial use only. A user cannot frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, and/or form) of Lounge 22 or use any meta tags or any other “hidden text” utilizing Lounge 22ís name or trademarks, without the written permission of Lounge 22. Please contact Lounge 22 at 818 502-0700 with requests for permission.

Trademarks

All trademarks, service marks, logos, names, trade dress and trade names (collectively, the ìMarksî) displayed on this Site are registered and common law Trademarks of Lounge22, L.L.C. The Marks include, but are not limited to, LOUNGE 22, LOUNGE22.COM LOUNGE22EX, L22EX, LOUNGE22EXCLUSIVE, EX22, LOUNGE22MUSIC, ARCTIC5, MORPHWALL, GLOCHAIR, GLOSOFA, FACTOR22, GLOSTOOL, LOUNGE22EX.COM AND LOUNGE22MUSIC.COM. Any reproduction or use of any of the contents of this Site without the express written consent of Lounge 22, is prohibited. No statements or representations made on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Marks without the written permission of Lounge 22, which owns the Marks.

Unauthorized use of this Site and/or the Materials contained herein on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of the Materials on any other web site or in any environment of networked computers is strictly prohibited.

Actual Use and Security
When using this site, you agree not to use any automatic device, (e.g., such as a robot or spider program), to copy the Site or its contents or information contained therein (other than to search for your own proprietary content) without prior consent from Lounge 22. Similarly, you agree to not use a manual process to copy the Site or the contents or information without prior express written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any Information in which you have an ownership interest) from the Site without our prior express written consent or the appropriate third party. You agree that any information provided to us shall not contain any computer programming modules or routines that are intended to cause damage, detrimentally interfere with, intercept or expropriate any system, data or information. These computer programming modules or routines include worms, time bombs, viruses, cancelbots, Trojan horses, or the like. In addition, you agree that any information provided to us should not create liability for us or cause us to lose (in whole or in part) the services of our ISPs.

Also, you are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. Lounge 22 will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies.

Password Maintenance & Protection
This Site contains some services which may only be accessed by entering a user name and password. You are responsible for maintaining the confidentiality of your username and password. You agree not to disclose your password to any other person or entity, share your password with any other person or entity, or give any other person or entity access to this Site. You further agree to accept responsibility for all activities that occur under your username and password and to change your password if you learn that its security has been compromised. Please be sure to exit or sign off after you have finished your visit to this Site.

Lounge 22 reserves the right to block access, refuse service and terminate or change usernames and passwords at any time for any reason.

Third Party Sites & Policies
This Site may contain links to other internet sites that are not owned or maintained by Lounge 22 (ìThird-Party Sitesî). Links to Third-Party Sites are provided as citations and aids to help you identify and locate other Internet resources that may be of interest. If you link to one of these websites, you are transferred to another website beyond the control of Lounge 22 and your privacy and conditions of your use at those websites will be governed by the Privacy Policy and Terms of Use at that Site and not Lounge22ís policies and terms. Links to Third-Party Sites are not intended to state or imply that Lounge 22 sponsors, or is affiliated or associated with, the linked sites. Further, links to Third-Party Sites are not intended to imply that Lounge 22 is legally authorized to use any logo, legal or official seal, copyrighted symbol, trade name or trademark that may be reflected in the links or the linked sites.

Personal Information, Credit Card Information
Lounge 22 makes no warranty or representation regarding of confidentiality of any communication or information transmitted on this Site. You agree that neither Lounge 22, nor any other providers of products or services related to/from this Site, are responsible for the confidentiality of any information, (including without limitation, personally identifiable information, email address, phone number, etc.), and neither Lounge 22, nor any other providers of products or services related to this Site, are responsible for any damages that may arise from disclosure of such information.

Applicable Laws
The laws of California govern this agreement. You agree that any legal action between you and Lounge 22 shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California.

Jurisdiction Issues
Lounge 22 controls this Site from its offices within the State of California in the United States. Lounge 22 does not make any representation that materials in the Site are appropriate for use in other locations. If accessing this Site from other locations, users do so at their own initiate and take responsibility for compliance with local laws. If the content of this Site is illegal in a specific jurisdiction, then access to this Site is prohibited within those specific jurisdictions.

Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, OR TORT ACTIONS, SHALL LOUNGE 22 BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, PERSONAL INJURY, MENTAL ANGUISH, OR EMOTIONAL DISTRESS THAT RESULT FROM 1) THE USE OF THIS SITE OR THE MATERIALS ON IT; 2) THE INABILITY TO USE THIS SITE OR THE MATERIALS ON IT; AND 3) THE MISAPPROPRIATION OF MATERIALS ON THIS SITE. Some jurisdictions may restrict these limitations of liability.

Warranties & Disclaimers
The Information provided in the Lounge 22 Site is for general informational purposes and is not intended to be a complete description of the terms, exclusion and conditions applicable to every service or good offered by Lounge 22. The information on this Site is as current and accurate as possible. THE CONTENT ON THIS SITE IS PROVIDED ìAS ISî AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PROVIDED BY LAW. ACCORDINGLY, WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE ARE EXCLUDED TO THE FULLEST EXTENT OF THE LAW. LOUNGE 22 MAKES NO WARRANT, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT THE CONTENT ON THIS SITE WILL BE ACCURATE, COMPLETE, OR AVAILABLE AT ALL TIMES. LOUNGE 22 ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE UPON, THE INFORMATION IN THIS SITE. Some jurisdictions may not allow the exclusion of implied warranties.

Indemnity
You agree to indemnify, defend, and hold Lounge 22 and its directors, officers, employees, agents or contractors harmless from and against any and all claims, demands, liabilities, judgments, losses, damages, costs, fees and expenses, including but not limited to reasonable attorneysí fees arising from or relating to your use of this Site or your acts or omissions relating to this Site, including but not limited to: 1) infringement or misappropriation of any partiesí intellectual property right; 2) offensive, harassing or illegal conduct in violation of this Agreement; or 3) any damage or destruction to this Site, or to us, or to another person which is caused by or otherwise results from your acts and omissions

Termination for Failure to Comply with Terms of Use
If your conduct violates these Terms of Use, Lounge 22 reserves the right to terminate your use of the Site at any time and for any reason without notice. We will determine what action will be taken in response to a violation on a case-by-case basis, and at our sole discretion. If your use is terminated, then Materials obtained from this Site must be destroyed. The provision of these Terms concerning trademarks, copyrights, disclaimer, personal information, actual use and security, limitation of liability, indemnity and jurisdictional issues shall survive any termination.

General Information
These Terms of Use constitute the entire agreement between you and Lounge 22 and govern your use of this Site. This agreement supersedes any prior agreements between you and Lounge 22. Any modification of this agreement must occur in writing. A waiver of any breach of any provision of these Terms of Use shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of these Terms of Use. The failure of Lounge 22 to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

If any provision of the Terms of Use is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the partiesí intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Acknowledgement
You acknowledge that you have read and understand these Terms of Use, and that these Terms of Use have the same force and effect as a signed agreement.

Notice And Procedure For Making Claims Of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. Notification must be submitted to the following agent listed below:

Service Provider(s): Lounge22, LLC
Name of Agent to Receive Notification of Claimed Infringement: Copyright Agent
Full Address of Designated Agent to Which Notification Should be Sent: Lounge22, LLC, 211 Brand Blvd., Glendale, CA 91203
Telephone Number of Designated Agent: (818) 502-0351
Email Address of Agent: [email protected]

To be effective, under Title 17, United States Code, Section 512(c)(3), the notification must be a written communication that includes the following:

A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has 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
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

All rights not expressly granted herein are hereby reserved.

If you have any questions or complaints regarding these Terms of Use, please submit your complaints via an email to: or via a letter to:
Lounge 22, LLC, 211 Brand Blvd., Glendale, CA 91203.