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TERMS OF USE

Terms of Use – Gloss New-York

📅 Last updated: September 24, 2025

These Terms of Use (hereinafter the “Terms”) govern access to and use of the website www.gloss-newyork.com (hereinafter the “Site”).
By accessing the Site, the User acknowledges having read and accepted these Terms in full and without reservation.

Article 1 – Publisher Identification

The Site is published by:
ART DIGITAL
Simplified Joint-Stock Company (SAS)
Registered with the Trade and Companies Register of Basse-Terre under number 901 732 941 00017
Registered office: Petit Cul-de-Sac, 97133 Saint-Barthélemy, France
📧 Contact: legal@gloss-newyork.com

Publication Director: Mascaro Frédéric – Founder

Article 2 – Hosting

The Site is hosted by:
Hostinger International Limited
61 Lordou Vironos, 6023 Larnaca, Cyprus
🌐 www.hostinger.com

Article 3 – Purpose of the Site

Gloss New York is an independent editorial platform dedicated to sustainable luxury.
It features, based on aesthetic, qualitative, and eco-responsible criteria:

  • hotels, restaurants, and spas,

  • architects, interior designers, and creative studios,

  • luxury brands (fashion, jewelry, fine watchmaking, gastronomy, tableware, wellness, automotive, etc.).

The selection is made solely at the discretion of the Publisher, with a focus on excellence and eco-responsibility.

Article 4 – Acceptance and Enforceability

Browsing and accessing the Site implies full and unconditional acceptance of these Terms.
Any User who does not agree must immediately discontinue use of the Site.
These Terms apply to all visitors, whether casual or regular.

Article 5 – Definitions

  • “User”: any person browsing the Site.

  • “Partner”: any hotel, brand, architect, restaurant, or luxury actor featured on the Site.

  • “Premium Subscription”: optional service allowing selected Partners to benefit from enhanced visibility.

  • “Content”: all texts, images, videos, logos, and data published on the Site.

Article 6 – Access to the Site

The Site is generally accessible 24/7, except during interruptions necessary for:

  • technical maintenance,

  • force majeure,

  • technical issues beyond the Publisher’s control.

The Publisher shall not be held liable for any suspension or unavailability of the Site, regardless of duration or cause.

Article 7 – Intellectual Property

All Site content (texts, photographs, videos, graphics, databases, design, structure) is protected under French intellectual property law and international conventions.

Any reproduction, representation, adaptation, translation, distribution, or exploitation, even partial, is strictly prohibited without prior written authorization from the Publisher.
Trademarks and logos remain the property of their respective owners and are reproduced solely for informational and promotional purposes.

Article 8 – Partner Pages and Editorial Independence

The Site may create and publish editorial pages dedicated to hotels, brands, architects, restaurants, or other luxury actors, without prior authorization, for strictly informational and editorial purposes.

Such publications do not constitute advertising, affiliation, or contractual partnership unless expressly stated otherwise.

Entities concerned have an absolute right to request modification or deletion of their page by sending a written request to legal@gloss-newyork.com.
Requests will be processed within a maximum of 30 days.

The Publisher reserves the right to remove, without prior notice, any page deemed non-compliant with its quality, safety, or eco-responsibility standards.

Article 9 – Premium Subscriptions

Gloss New York offers selected Partners the option of Premium Subscriptions, granting enhanced visibility (homepage placement, strategic sections, dedicated spaces).

General conditions:

  • subscriptions are non-binding and may be canceled at any time,

  • payments are final and non-refundable (unless otherwise required by law),

  • automatic renewal may apply unless canceled before the renewal date,

  • the Publisher may refuse, suspend, or terminate a subscription not compliant with its editorial or eco-responsibility standards.

Article 10 – User Obligations

By using the Site, the User agrees not to:

  • submit false, defamatory, offensive, or unlawful information,

  • infringe the intellectual property rights of third parties,

  • introduce viruses, malware, or harmful programs,

  • use the Site for unauthorized commercial purposes.

Any breach may result in immediate suspension of access to the Site, without notice.

Article 11 – Personal Data

The Site complies with applicable data protection regulations, including:

  • GDPR (EU 2016/679) for European Users,

  • CCPA for Users residing in California, United States.

Data Protection Officer (DPO): legal@gloss-newyork.com

Data collected: name, surname, email, messages submitted via contact forms.
Retention: maximum of 3 years (unless legally required otherwise).
User rights: access, rectification, deletion, objection, restriction, portability (GDPR), right to opt-out (CCPA).

No data is sold or shared with third parties without consent.

Article 12 – Cookies

The Site uses cookies and similar technologies to:

  • improve User experience,

  • measure traffic and performance,

  • personalize content.

A consent banner allows Users to manage their preferences.
Refusing cookies may restrict access to certain features.

Article 13 – Liability

The Publisher makes every effort to ensure reliability and accuracy of content.
However, the Publisher cannot guarantee:

  • the absence of errors or omissions,

  • permanent accuracy or updates,

  • continuous Site availability.

The Publisher disclaims any liability for:

  • direct or indirect damages related to Site use,

  • data loss, reputational or financial damage,

  • presence of external links over which the Publisher has no control.

Article 14 – Force Majeure

The Publisher shall not be liable for failure or delay caused by an event of force majeure, including natural disasters, fires, floods, wars, strikes, cyberattacks, government actions, or third-party failures.

Article 15 – Site Security

The Site is protected by advanced security protocols, including SSL encryption and international cybersecurity standards.

The User agrees not to:

  • attempt unauthorized access to servers, databases, or restricted areas,

  • introduce viruses, trojans, or malicious programs,

  • disrupt normal Site operation by overload, attacks, or other methods.

Any hacking, intrusion, or attack attempt may result in civil and/or criminal prosecution.

Article 16 – Evidence and Archiving

The Publisher’s IT systems and electronic logs shall serve as valid proof between the parties.
They are admissible in case of disputes concerning:

  • Site access,

  • Premium subscription transactions,

  • electronic correspondence (emails, forms).

Electronic invoices and archived data are retained for the legally required period and serve as proof in case of dispute.

Article 17 – Reinforced Editorial Independence

Even in the case of a Premium Subscription, Gloss New York maintains full editorial independence.
The Publisher retains sole authority over editorial direction, content presentation, and prioritization.

Accordingly:

  • no Premium Subscription implies any obligation to publish favorable content,

  • the Publisher reserves the right to refuse or withdraw any content not compliant with its standards of excellence, ethics, and eco-responsibility, without refund or compensation.

Article 18 – Amendments to the Terms

The Publisher reserves the right to modify these Terms at any time.
The online version shall prevail over any previous version.
Users are encouraged to review these Terms regularly to remain informed.

Article 19 – Governing Law and Jurisdiction

These Terms are governed by French law.
In case of dispute, jurisdiction is assigned to the Courts of Basse-Terre (Guadeloupe, France), unless mandatory legal provisions dictate otherwise.