Loot vintage rentals
Last Updated: October 24, 20
Loot Vintage Rentals curates inspirational spaces for venues in a wide range of settings, including event design, short-term furniture and décor rentals for events, long-term furniture and décor rentals for residential properties, and staging for real estate offerings (individually and collectively, the “Services”). You understand that any Services Loot Rentals provides to you will be subject to separate terms and conditions provided at the time you engage Loot Rentals to provide such Services (the applicable “Terms of Service”).
Loot Rentals reserves the right to make changes to the Site, and to the content provided via the Site, at any time. In addition, Loot Rentals may, at any time, update or add or remove provisions of these Website Terms. We will provide you with notice of any such modifications by posting the updated Website Terms on the Site, with the “Last Updated” date above referencing the date such changes went into effect. You are responsible for checking this page for any such modifications, and you acknowledge that, by continuing to access and use the Site, you are agreeing to the most recent version of these Website Terms posted to Site.
Access to the Site
You need not register for an account with Loot Rentals to simply visit and browse the Site and to view any Site Content. In order to gain access to the Services, however, you must first register for an account via the Site. You acknowledge that the Services are subject to separate Terms of Service and that your rights and our obligations with regard to the Services are governed solely by such separate Terms of Service. Nothing contained on the Site or in these Website Terms will be construed to alter any Terms of Service that you enter into with Loot Rentals.
Minors & Children
The Site is not intended for access or use by anyone under the age of 13 (“Children”). If you are a Child, you may not access or use the Site at any time or in any manner or submit any information to Loot Rentals via the Site or upload any content to the Site.
By using the Site, you represent, acknowledge and agree that you are at least 16 years of age or that, if you are under 16 years of age but are at least 13 years old (a “Minor”), you are using the Site with the consent of your parent or legal guardian, and that you have received your parent’s or legal guardian’s permission to agree to these Website Terms. If you are the parent or legal guardian of a Minor accessing or using the Site, you hereby agree to bind such Minor to these Website Terms and to fully indemnify and hold harmless Loot Rentals for any losses suffered as a result of your Minor’s breach of any of these Website Terms.
You acknowledge that all material, content and information available on the Site, including all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, computer applications, (including source and object code) and other materials relating thereto and, and the design, structure, “look and feel” and arrangement of such content (collectively, the “Site Content”) are owned by Loot Rentals or its third-party licensors, as applicable, and that our rights in the Site Content are protected by applicable intellectual property laws. In accessing and using the Site and the Site Content, you agree to abide by all applicable laws, including but not limited to all intellectual property laws, as well as any specific notices provided to you via the Site. Loot Rentals grants you permission to display the Site and Site Content on your computer and to print and download the Site Content solely for your own personal, non-commercial and educational use; provided that you must retain copyright and other notices on any such copies made. All rights not expressly granted to you are reserved to Loot Rentals and its third-party licensors. You acknowledge that any material on the Site related to the services may be outdated. Loot Rentals makes no commitment to update any such material.
You agree that, without Loot Rentals’ express prior written authorization, you will not, and will not permit any user or third party to, directly or indirectly: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the Site or Site Content; (b) modify, translate, or create derivative works based on any element of the Site or Site Content; (c) rent, lease, distribute, sell, resell, assign, or otherwise transfer its rights to use the Site or Site Content; (d) use the Site for timesharing purposes or otherwise for the benefit of any person or entity other than for yourself; (e) remove any proprietary notices from the Site Content; (f) use the Site or Site Content for any purpose other than its intended purpose; (g) interfere with or disrupt the integrity or performance of the Site; (h) introduce any open-source Software into the Site; or (i) attempt to gain unauthorized access to the Site or Loot Rentals’ related systems or networks (each a “Prohibited Use”). You further acknowledge that any unauthorized use of the Site or Site Content, or of any linked websites, may violate applicable laws, including but not limited to intellectual property laws.
Loot Rentals may report to law enforcement authorities any activity of a user that Loot Rentals suspects to be illegal and any reports Loot Rentals receives regarding such activity. When legally required, or at Loot Rental’s discretion, Loot Rentals will cooperate with law enforcement agencies in any investigation of a visitor’s alleged illegal activity on the Site or on the Internet. Nothing in these Website Terms requires Loot Rentals to verify, authenticate, monitor, police or remove any use of the Site, however, including with respect to any User Submissions (defined below) provided by you or any other user.
You are responsible for any information, content and material that you submit, upload, post or otherwise make available on or through the Site, including but not limited to opinions, messages, comments, photos, videos, graphics, sounds and other content or material (each a “User Submission”). You have full responsibility for each User Submission you make, including its legality, reliability and appropriateness. Loot Rentals, in its sole discretion, may remove any User Submission from the Site at any time.
Loot Rentals will have no obligation to store, backup, archive or otherwise maintain any User Submissions. Loot Rentals hereby disclaims any and all liability TO YOU or any third party for any LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION, OR RECOVERY OF USER SUBMISSIONS.
You acknowledge that the Site is not designed with security and access management for processing the following categories of information: (a) any personal information that imposes specific data security obligations on the processor of such data, including any “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act, “protected health information” as defined under the Health and Insurance Portability and Accountability Act of 1996, and other similar information, however described, as defined under applicable law; (b) data that is classified and/or used on the United States Munitions list, including software and technical data; (c) articles, services, and related technical data designated as defense articles or defense services; and (d) ITAR (International Traffic in Arms Regulations) related data (each of the foregoing, individually and collectively, “Prohibited Content”). Accordingly, you agree that you will not provide Loot Rentals with any Prohibited Content, whether directly or via the Site. You will ensure that none of your User Submissions constitute or contain any Prohibited Content.
In addition, you may not upload, post or otherwise make available on the Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any User Submission that you make. You further agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any User Submissions posted by you to or through the Site.
Suspension of Access
Loot Rentals may suspend your access to the Site in the event that, in our sole judgment, we suspect or believe that you have breached any of these Website Terms, including but not limited to engaging in any Prohibited Use or uploading to the Site any Prohibited Content. You agree that Loot Rentals will not be liable to you or any other third party if Loot Rentals exercises the foregoing suspension rights. If we determine, to our reasonable satisfaction, that you have ceased the unauthorized conduct leading to the temporary suspension, we may reinstate your access and use of the Site. Notwithstanding anything in this section to the contrary, Loot Rentals’ suspension of access to the Site is in addition to any other remedies that we may have under these Website Terms or otherwise, including but not limited to immediate termination of these Website Terms for cause. In the event of repeated violations of these Website Terms, Loot Rentals reserves the right to permanently disable your access to the Site and seek all remedies available at law and in equity. In that event, you must immediately cease use of the Site and destroy any downloaded or printed Site Content.
Loot Rentals provides links and access to the Third-Party Services as a convenience, and Loot Rentals does not verify, make any representations or take responsibility for such Third-Party Services, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed or any other activities conducted on or through such Third-Party Services. YOU AGREE THAT Loot Rentals WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SERVICES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY OWNER OR OPERATOR OF ANY THIRD-PARTY SERVICES. Any reference made on the Site to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply Loot Rentals’ endorsement or recommendation thereof.
LOOT RENTALS® and LOOT VINTAGE RENTALS® are registered trademarks of Loot Vintage Rentals, LLC in the United States. Any and all other trademarks, service marks, trade names, brand names, design marks, or other indicia of source of any goods or services shown on the Service or Documentation are protected under intellectual property rights of either Loot Rentals or the respective third-party owners of the same.
Unless otherwise specified in these Website Terms, all information and screens appearing on the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Loot Rentals, Copyright © 2020- Loot Vintage Rentals, LLC. All rights not expressly granted herein are reserved to Loot Rentals and to the respective third-party owners of third-party content and intellectual property made available via the Site. Except as otherwise required or limited by applicable law or otherwise permitted under these Website Terms, any reproduction, distribution, modification, retransmission, or publication of any such copyrighted material is strictly prohibited.
You acknowledge that, through Your use of the Site, You may obtain access to certain confidential information of Loot Rentals or its affiliates, including without limitation certain technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You agree to hold all Confidential Information in the strictest confidence. All right, title and interest in the Confidential Information remains with Loot Rentals and its affiliates. Confidential Information does not include any of the following information, however, any information with respect to which You can establish, by legally sufficient evidence, that (a) You possessed prior to disclosure from Loot Rentals or its affiliates, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You and otherwise without violation of these Website Terms; (c) You obtained from a third party with the right to disclose the information without any obligation to keep such information confidential; or (d) You independently developed the information without the use of any Confidential Information and without the participation of individuals who have had access to it.
You are under no obligation, however, to maintain the confidentiality of any Confidential Information that You are required to disclose in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms, provided that You give Loot Rentals prior notice of such required disclosure adequate to afford Loot Rentals the opportunity to object to the disclosure and that You disclose only that portion of the Confidential Information that is necessary to comply with your obligations under such order or law or as is necessary to establish such rights.
Defamation; Communications Decency Act Notice
This Site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to the Site by third parties is limited as described therein. We are not responsible for content or any other information posted to the Site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
Intellectual Property Infringement; DMCA
Loot Rentals respects the intellectual property rights of others, and we ask you to do the same. Loot Rentals may, in appropriate circumstances and at our discretion, terminate your use of or access to the Site for any user who infringes the intellectual property rights of others. Loot Rentals further reserves the right, in its sole discretion, to terminate the account or access of any user of Site or any customer for Loot Rentals services who is the subject or repeated notifications under the Digital Millennium Copyright Act, 17 U.S.C. §§ 101, 104, 104A, 108, 112, 114, 117, 701 (the “DMCA”) or other infringement notifications.
If you believe that any content available via the Site is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Loot Rentals’ designated agent (provided below) the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple 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 at the Site, and information reasonably sufficient to permit Loot Rentals to locate the material;
information reasonably sufficient to permit Loot Rentals to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
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 and/or trademark owner, its agent, or the law; and
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.
Loot Rentals’ designated agent for notice of claims of copyright or trademark infringement on the Site can be reached as follows:
Loot Vintage Rentals, LLC
Attn: DMCA Agent[MAILING ADDRESS FOR DMCA AGENT]
E-mail: [email protected]
Telephone: [PHONE NUMBER FOR DMCA AGENT]
Please also note that, for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Loot Rentals designated agent that includes all of the following information:
your physical or electronic signature;
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;
a statement from you under the penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Loot Rentals may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Your use of and access to the Site and the Site Content is at your sole risk. The Site and Site Content are provided for informational purposes only and on an “AS IS” and “AS AVAILABLE” basis without any express or implied warranty of any kind, including warranties of merchantability, non-infringement, or fitness for any particular purpose. Further, Loot Rentals makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of the Site Content, or that the quality and reliability of thereof will meet your expectations or requirements, be virus-free, or perform error- and damage-free. You assume all risk and responsibility for any loss or damage whatsoever to your computer system, data and business arising out of your use of the Site or Site Content.
Limitation of Liability
You expressly understand and agree that Loot Rentals, its affiliates and its third-party licensors will not be liable to you for any loss or damage you may incur, including without limitation as a result of any reliance placed by you on the accuracy, completeness or suitability of the Site Content, or any changes to the Site or Site Content, or any temporary interruption or permanent cessation in the provision thereof, or, if applicable, your failure to backup any User Submissions.
To the full extent permitted by law, Loot Rentals, its affiliates and its third-party licensors are not liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages arising out of or in connection with your use of or related to the Site or Site Content (including without limitation for loss of or damage to business, revenues, goodwill or data) even if Loot Rentals or such licensors have been previously advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract, negligence or other tortuous action.
Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, portions of the above limitation or exclusion may not apply to you.
You agree to indemnify and hold harmless Loot Rentals and its subsidiaries, affiliates, and third-party licensors, and each of their respective shareholders, officers, directors, agents, employees and representatives, from and against any third-party suits, claims or demands, and any damages, claims, judgments, losses, costs and expenses (including reasonable attorneys’ fees) incurred by Loot Rentals or any of the foregoing parties in connection therewith, to the extent such suit, claim or demand arises from, is based upon or relates to (a) your use of or access to the Site or Site Content; (b) any of your User Submissions; or (c) your violation of any of these Website Terms.
Local Laws; Export Control
Loot Rentals controls and operates the Site from its headquarters in the United States of America. You acknowledge that the Site or Site Content may not be appropriate or available for use in other locations. If you use the Site outside the United States of America, you are responsible for complying with applicable local laws.
Governing Law; Jurisdiction
These Website Terms, and any action relating to these Website Terms or your use of the Site or Site Content, will be governed by and construed in accordance with the substantive laws of the State of Texas and U.S. federal law, without regard to any choice of law rules thereof. Subject to the terms provided below under “Arbitration Agreement”, in any dispute between you and Loot Rentals arising under these Terms, you agree to submit to the exclusive personal jurisdiction of the federal, state and local courts located in Travis County, Texas.
Please read the following ARBITRATION AGREEMENT carefully because it requires You to arbitrate certain disputes and claims with Loot Rentals and limits the manner in which You can seek relief from us. Both You and Loot Rentals acknowledge and agree that, (a) for the purposes of any dispute arising out of or relating to the subject matter of these Terms, the officers, directors, employees and independent contractors of Loot Rentals (“Personnel”) are third-party beneficiaries of these Terms, and (b) upon Your acceptance of these Terms, any Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as the third-party beneficiary hereof.
Arbitration Rules; Applicability of Agreement. Except for actions to protect intellectual property rights or to enforce an arbitrator’s decision hereunder, any dispute arising out of or relating to the subject matter of these Terms will be submitted to and finally settled by binding arbitration located in Travis County, Texas. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS“) then in effect, by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
Costs of Arbitration. The JAMS rules will govern payment of all arbitration fees. Loot Rentals will not seek its attorneys’ fees and costs incurred in connection with the arbitration proceedings unless the arbitrator determines that Your claim is frivolous. If either party files an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1,000.00.
Small Claims Court. Either You or Loot Rentals may assert claims, if they qualify, in small claims court in Travis County, Texas or in any United States county where You live or work.
Waiver of Jury Trial. YOU AND Loot Rentals HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Loot Rentals are instead choosing to have claims and disputes arising hereunder resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between You and Loot Rentals over whether to vacate or enforce an arbitration award, YOU AND Loot Rentals WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have such dispute resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If this waiver of class or consolidated actions is deemed invalid or unenforceable, however, neither You nor we are entitled to arbitration and, instead, all claims and disputes arising hereunder will be resolved in a court of law as set forth in subsection (g) below.
Opt-Out. You have the right to opt out of this Arbitration Agreement by sending written notice of Your decision to opt out to the following address, postmarked within thirty (30) days following Your earliest acceptance of these Terms.
Loot Vintage Rentals, LLC
Attn: Legal[INSERT ADDRESS]
You must include each of the following in Your opt-out notice in order for such notice to be effective: (i) Your name and residence address; (ii) the e-mail address or telephone number associated with Your Account; and (iii) a clear statement that You want to opt out of the agreement to arbitrate any disputes arising under these Terms.
Exclusive Venue. If You send the opt-out notice described in subsection (f) above or if any circumstances otherwise apply where the foregoing arbitration agreement permits either You or Loot Rentals to litigate in a court of law any dispute arising out of or relating to the subject matter of these Terms, then the foregoing arbitration agreement will not apply to either party and both You and Loot Rentals agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in Travis County, Texas.
Loot Vintage Rentals, LLC
Attn: Legal[INSERT ADDRESS]