Terms and Conditions
REVISED MARCH 2015
All such terms are hereby incorporated by reference into these Terms of Service. Services Description: The Service is designed to allow users to send and receive boxes or packages of goods, samples, offers, coupons, articles and other information (each a “Box”), review products and Boxes (defined below), receive newsletters with information and offers, and participate in Luxor Box's content community.
Boxes and Newsletters: The contents of each Box will vary, and we make no guarantees regarding the content of newsletters, that you will receive a particular product in a Box or that certain products will be available in your Box. Many of our suppliers’ products come in limited quantities and may not be available in the future. It is your responsibility to review the ingredients of each product to avoid allergic reactions or other side effects. The products within the Boxes are not manufactured by Luxor Box, but rather by Luxor Box's suppliers. If you have any questions or complaints about a product, please contact us at firstname.lastname@example.org.
Sweepstakes and Contests: From time to time Luxor Box may make available certain sweepstakes and contests on the Site. Your participation in any such sweepstakes and/or contest is subject to and governed by the applicable Official Rules as set forth on, or linked to, any specific landing page for each such sweepstakes or contest on the Site. All such sweepstakes and contest terms are hereby incorporated by reference into these Terms of Service.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Luxor Box of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Luxor Box will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Luxor Box reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Luxor Box will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Luxor Box may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that reviews, product designs, data or other content will be retained by the Service and the maximum storage space that will be allotted on Luxor Box’s servers on your behalf. You agree that Luxor Box has no responsibility or liability for the deletion or failure to store any reviews, product designs, data or other content maintained or transmitted by the Service. You acknowledge that Luxor Box reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Luxor Box reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
User Conduct: You are solely responsible for all reviews, blog comments or posts, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”) or email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Luxor Box. Luxor Box reserves the right to investigate and take appropriate legal action against anyone who, in Luxor Box’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to: post, email or otherwise transmit any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of Luxor Box, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Luxor Box or its users to any harm or liability of any type; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18; harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; violate any applicable local, state, national or international law, or any regulations having the force of law; further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Payment and Auto-Renewal: To the extent you wish to make a purchase using the Service (for example, to purchase individual Boxes or Box subscriptions), you will be required to provide Luxor Box information regarding your credit card or other payment instrument (such as PayPal). You represent and warrant to Luxor Box that such information is true and that you are authorized to use the payment instrument for the initial subscription term and each renewal term. If you subscribe to the Service, you will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Luxor Box the amount that is specified in the Service in accordance with these Terms of Service. If you have subscribed to the Service, you hereby authorize Luxor Box to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable subscription plan until you terminate your account, and you further agree to pay any charges so incurred. You understand and accept that, unless otherwise expressly stated, our Service is a subscription that operates on an auto-renewal basis such that your credit card or other payment instrument will be assessed a every-other-month fee after the conclusion of your initial subscription package. All payments made are non-refundable. If you dispute any charges you must let Luxor Box know within thirty (30) days after the date that Luxor Box charges you. If you have paid for a Box but did not receive it, please contact us at email@example.com. We reserve the right to change Luxor Box’s subscription plan prices. If Luxor Box does, Luxor Box will provide notice of the change on the Site or in email to you, at Luxor Box’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
Subscription Terms: By placing an order, you will be signed up to receive a every-other-month subscription box from Luxor Box! When you sign up, you will become a member of the Luxor Box recurring program. You will be billed as soon as you sign-up. This date will be your renewal day and you will be billed on the same day, every-other-month or on the same date yearly (depending on the plan you sign-up for). Luxor Box shipments cannot be returned and there are no full or prorated refunds for our subscription memberships. However, since all subscriptions are recurring, you may cancel at any time. Please cancel before your next renewal date. If you cancel after your next renewal date, you will still receive the next every-other-month box (for every-other-month subscriptions) or the next full year of boxes (6 boxes for annual pre-paid subscriptions). Because Luxor Box is a membership service, refunds for pre-paid subscriptions or for boxes already shipped are not available. By placing an order, you agree to these terms.
Taxes: You agree to pay all taxes, duties and other charges that may be incurred by you or on your behalf through the Service, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you will remain responsible for any taxes that may be applicable to your purchases made through the Service, including any district taxes in your jurisdiction.
DISCLAIMER for Canada Orders
Duties and Taxes: Import duties, taxes, and brokerage fees are not included in the product price or our shipping and handling cost and it will be collected upon delivery from the carriers for certain packages. These charges are recipient’s responsibility as we are only covering the cost of transportation fee for the packages. You may check with your country’s customs office to determine what these additional costs will be.
Policy For Damaged Products: If any of the products in your Luxor Box arrive damaged or if there are any problems what-so-ever with anything in your Luxor Box shipment, we require you to email us at firstname.lastname@example.org with-in 3 days of receipt of receiving your Luxor Box. If you do not email us with-in 3 days of receiving, we will not issue a replacement. Please send us an email with an image of the problem or damaged product and a short description of the full damage. If damaged, we may require you to ship the item back to us in order for us to replace it. If required, we will give you specific instructions on which shipping method we need you to use and we will reimburse you for any return shipping charges (full instructions will be given to you by email). If we require you to ship the damaged product back to us, this will need to be done with-in 2 weeks of us notifying you with the return instructions. If we do not receive your damaged product back with-in 2 weeks, we will not guarantee a replacement. If we do not have the same product on hand to replace, we will give you options of other product choices. We do not refund for boxes, products or any damaged items, but we will replace a damaged item with the same or a comparable item if you notify us as stated above with-in 3 days of receiving your Luxor Box.
Risk of loss: A shipping confirmation with your tracking number will be sent to your PayPal email address you provided at time of order. Please track your shipment as Luxor Box is not responsible for lost or stolen packages marked "delivered" by the USPS. The merchandise purchased will be shipped by the USPS which is a third party carrier. We deny all responsibility of the merchandise as soon as it leaves our warehouse. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier. Any dispute or claim must be resolved with the third party carrier.
Steps to update your address in PayPal for "recurring subscriptions" or "future orders":
You will need to update your address with-in your personal PayPal account in 2 areas:
1. Please update your main PayPal account address (under account settings)
2. MOST IMPORTANT for your subscription with us...please locate your subscription with us with-in your personal PayPal account. Please click into your subscription and click "edit" next to "shipping address" and update to your new shipping address. Please do this BEFORE the 5th of the month of shipping or your address update will not be applied to the upcoming box.
Steps to update your address for any "one-time" purchase, for example... a "store purchase" or a "Special Edition or Limited Edition Box": You will need to email us direct at email@example.com and let us know you purchased an item in our store or a Special or Limited Edition box and your address has changed since the date when you placed the order. Please be very specific in your email to the exact orders you have placed and how many so we can manually update ALL your orders with your new address. Please let us know the new address to ship to you and please reach out to us with this info at least 5 days prior to the listed ship date of your purchase.
Please NOTE: If you only update in PayPal and you don't reach out to us direct by email, your item will still ship to your OLD address as PayPal address updates are ONLY for future orders. Any past order stays locked in at the address you had listed at the time of order. Luxor Box is NOT responsible for any box or item shipped to your old address if we did not receive an email direct from you notifying us of your address change prior to shipments as described above.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for direct commercial endeavors.
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Luxor Box, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Luxor Box, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Luxor Box. The LUXOR BOX name and logo are trademarks and service marks of Luxor Box (collectively the “Luxor Box Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Luxor Box. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Luxor BoxTrademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Luxor Box Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Luxor Box be liable in any way for any content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge that Luxor Box does not pre-screen content, but that Luxor Box and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Luxor Box and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Luxor box, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Third Party Retail Prices: The $275+ retail value for Luxor Box or any guaranteed retail value for Special Edition/Mystery boxes and the $75+ retail value for our "Petite" box are based on the manufacturer's main website estimated MSRP at the time products are acquired by Luxor Box. All prices are subject to change without notice and Luxor Box is not liable for price differences of the same products on third party sale sites.
User Content Posted on the Site: You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or recipients (collectively, “User Content”). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant Luxor Box and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. You acknowledge and agree that any designs, questions, comments, suggestions, ideas, feedback (including without limitation those related to products and Boxes) or other information about the Site or the Service (“Submissions”), provided by you to Luxor Box are non-confidential and Luxor Box will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that Luxor Box may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Luxor Box, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Luxor Box respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Luxor Box of your infringement claim in accordance with the procedure set forth below. Luxor Box will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Luxor Box has adopted a policy of terminating, in appropriate circumstances and at Luxor Box’s sole discretion, users who are deemed to be repeat infringers. Luxor Box may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites: The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Luxor Box has no control over such sites and resources and Luxor Box is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Luxor Box will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Luxor Box is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release: You agree to release, indemnify and hold Luxor Box and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
Disclaimer of Warranties: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LUXOR BOX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LUXOR BOX MAKES NO WARRANTY THAT (I) THE SERVICE, PRODUCTS, BOXES OR ANY INFORMATION THEREIN WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, BOXES, SERVICES, ARTICLES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT LUXOR BOX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LUXOR BOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, PRODUCTS OR BOXES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, BOXES, OFFERS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL LUXOR BOX’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID LUXOR BOX IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Termination: You agree that Luxor Box, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Luxor Box believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Luxor Box may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Luxor Box may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Luxor Box will not be liable to you or any third-party for any termination of your access to the Service.
User Disputes: You agree that you are solely responsible for your interactions with any other user in connection with the Service and Luxor Box will have no liability or responsibility with respect thereto. Luxor Box reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Governing Law: The Terms shall be governed by, construed and enforced in accordance with the laws of the United States of America. The parties irrevocably attorn to the jurisdiction of the courts of the United States of America. General The Terms constitute the entire agreement between you and Luxor Box with respect to your use of the Service and supercede all previous agreements, understandings and representations relating there to. No failure by Luxor Box or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of the Terms or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of the Terms, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. It is the express wish of the parties that the Terms and all related documents be drawn up in English. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.