Please read all legal terms and policies. By using this site, you signify your Assent and Agreement to these Policies, Terms of Use and Conditions. If you do not agree to these Privacy Policies, Terms of Use and Conditions do not use the http://layerlovers.com (“Site”). This Agreement shall apply to you, your company, if applicable, and any and all officers, directors, and employees. At Layer Lovers we strive to provide you the best product, and comply with any and all possible rules and regulations. Should you have any questions do not hesitate to contact us.
Licensing
TBD
User Information
You are responsible for the content you enter on the Site. Layer Lovers has no responsibility for the content of any messages or information posted by user, or for the content of information of third parties on the Internet, even if accessed through the Site. Layer Lovers retains the right, which it may or may not exercise in its sole discretion, to review, edit or delete any material that Layer Lovers deems to be illegal, offensive or otherwise inappropriate.
Linking to the Sites
If you link from any other site to the Site you agree to the following: Any and all links will be to the FULL HTML formatted page of the Site. You may never link directly to any image hosted on the Site. If you link to the site, it must be in a way that does not mislead or obfuscate the content of the Site. We reserve the right to insist that any links to the Site be terminated, and to revoke your right to link to the Site from any site upon notice to you.
Third Party Sites
Layer Lovers or its business partners may present advertisements or promotional materials on or through the site. Your dealings with or participation in promotions of any third-party advertisers on or through the site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Layer Lovers is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the site.
Copyright Agent
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward a copy of the following information to us:
Your name
Mailing address
Telephone number
Email Address
A description of where and what the alleged infringing material is located; and
A statement by you that you warrant that the above information in your notice is accurate and that you are either the copyright owner or that you are authorized to act on the copyright owner’s behalf.
Layer Lovers
C/O General Counsel
60 E. Rio Salado Pkwy #900
Tempe, AZ 85281
Copyright & Trade Marks
All pages Copyright 2010 Cloud Nine Labs (hereinafter “Layer Lovers”) (A registered trade name of Cloud Nine Labs) ALL RIGHTS RESERVED. Layer Lovers, the Layer Lovers logo and the names and content of Layer Lovers products referenced in the Site are either trademarks, service marks, registered trademarks, copyrights or other intellectual property of Layer Lovers or its affiliates (“Layer Lovers IP”). Other products and company names mentioned in the Site may be the intellectual property of their respective owners. You may not use any Layer Lovers IP without the consent of Layer Lovers. You may not use, frame or utilize framing techniques to enclose any Layer Lovers IP, including the images found at this Layer Lovers Site, the content of any text or the layout/design of any page or form contained on a page without Layer Lovers’ consent. You are not conveyed any right or license by implication, estoppels, or otherwise in or under any Layer Lovers IP or the intellectual property of any third party. No part of the Layer Lovers Site may be reproduced, modified, or distributed in any form or manner without the prior written permission of Layer Lovers; provided no such permission is necessary in connection with the fair use of excerpts of freely available (i.e., available to any visitor to the Site without any requirement of registration or payment of fees) factual information on the Layer Lovers Site regarding descriptions of Layer Lovers and its products and services. You may not robotically or otherwise automatically harvest information from a Layer Lovers Site.
Disclaimer
Layer Lovers does not guarantee the accuracy, entirety or timeliness of any data and/or programs (“Information”) available at the Site. The Site (including all of its content) is provided to you “AS IS.” Any use of this Site is at your own risk. In no event will Layer Lovers or its associates be liable to any party for any direct, indirect, distinctive or other costs for any use of or dependence upon the Information originated at this Site, or on any other linked web site, including, without limitation to, lost profits, business disruption, loss of programs or other data, even if Layer Lovers is expressly informed of the chance of such damages. Layer Lovers makes no representations, warranties or endorsements with respect to any web site that may be accessed from a Layer Lovers Site. When you access a non-Layer Lovers site, please understand that Layer Lovers has no control over the content or information at that site.
Layer Lovers makes no representations, warranties or guarantees that use or results of the use of the site (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, Layer Lovers may modify, suspend, or discontinue any aspect or feature of this site or your use of this site. If Layer Lovers elects to modify, suspend, or discontinue the Site, it will not be liable to you or any third party.
Use of and browsing in the Site is done at user’s own risk. Layer Lovers, nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, consequential, indirect, special, exemplary or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the generality of the foregoing, everything on the Site is provided to you on an “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Layer Lovers DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Layer Lovers DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Layer Lovers DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; Layer Lovers’ SERVERS; OR E-MAIL MESSAGES SENT FROM Layer Lovers ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Layer Lovers WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity
You will indemnify and hold Layer Lovers, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (i) your breach of this agreement, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (ii) your use or misuse of the site.
Changes to the agreements
Layer Lovers has the right to amend these Terms of Use at any time and without notice to you. You agree to review the Layer Lovers Site periodically to be aware of any such amendments. Your continued use of a Layer Lovers Site after such amendments have been made shall constitute acceptance of the amendments.
Applicable Laws
Layer Lovers complies with all applicable laws, including, but not limited to, privacy laws and individual state laws. You agree that you will comply with all such laws applicable to you. Layer Lovers maintains and operates this Site from its offices in the State of Arizona, United States. These Terms and Conditions are governed and interpreted exclusively under (a) the laws of the State of Arizona, excluding its conflicts of law rules/principles, and (b) the federal laws of the United States of America.
If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions hereof. Layer Lovers failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If you have any questions about this agreement, contact Layer Lovers at legal { at } layerlovers.com
Privacy Policy
This site is owned and operated by Layer Lovers. Your privacy issues in relation to our website are very important to us, and you must agree to the terms of this Privacy Policy (hereinafter “Policy”) before using the site and/or becoming a member. This Policy governs the information we collect about you, and it governs your use of information we provide you. Please read all of the Policy. By using this site, you signify your Assent and Agreement to this Policy. If you do not agree to this Policy, do not use the site. This Agreement shall apply to you, your company, if applicable, and any and all officers, directors, and employees.
Information About Child(ren) (persons under the age of 18 years)
Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent. If you are a Child you are not eligible to use our services unsupervised and we ask that children not submit any personal information to us. It is the responsibility of parents to monitor their Children(s) use of our Site.
Information Collection
Our primary purpose to gather information about our users and user base is to constantly work to improve our Site, services and products. To do this we collect information in two ways. One through tracking scripts, and two through voluntary information provided by you the user.
Site tracking
The information we gather includes the following Your browsing location, system, ISP and related technology, The time and length you spend on areas of the Site, The website which referred you to our site. If you have any questions about this contact support { at } layerlovers.com. Voluntary Submission Various places in our site invite you to provide additional information whether it be to sign up to become a member, to join a mailing list, or some other opportunity. By providing this information you are voluntarily consenting to the collection and use of your personal information by us. Layer Lovers will only use the information collected through the Site for the following purposes: Forwarding on updates, news, and other announcements you request to receive. Contacting you in response to a service issue or question. Monitoring Site performance Improving our Site and services to you, Internal administration, And any other purposes that are in accordance with your instructions. Layer Lovers will not give, sell, trade, or otherwise disclose any personal information about you to a third party unless: You have provided your consent; or We are required by law to disclose the information. You may request access to your personal information and ask us to correct your information by emailing us at legal { at } layerlovers.com.
Security
Layer Lovers operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers.
Opt-Out Provision
We give users options wherever necessary and practical. Such choices include: Opting not to register to receive our electronic newsletters. Opting not to participate in certain interactive areas, which completely alleviate the need to gather any personally identifiable information from our users.
Disclaimer
This Site may contain links to other 3rd party sites. Layer Lovers is not responsible to the Privacy Policies of any 3rd party sites and strongly suggestions you read through their policies and they may contain further or different terms and conditions which may apply to you.
Amendments
Layer Lovers has the right to amend this Policy at any time and without notice to you. You agree to review the Site periodically to be aware of any such amendments. Your continued use of the Site after such amendments have been made shall constitute acceptance of the amendments.
Terms and Conditions for File Submission
In consideration for Layer Lovers (“LL”) allowing you to upload/submit User Content, you acknowledge and agree that you shall be bound by this User Content License and by the Terms and Conditions. You further acknowledge and agree that you are solely responsible for any User Content that you submit.
With respect to all content that you submit, you represent and warrant that: (i) the material is either fully original to you or that you have all necessary rights, licenses and permissions needed to post the material at fourhourblog.com (including but not limited to all copyright and right of publicity/privacy rights), and to grant, and hereby do grant, LL a world-wide, non-exclusive, perpetual, royalty-free license that can be fully assigned and sub-licensed, to use such User Content, in whole or in part, throughout the world forever in all media now known or hereafter developed, including on the Internet and in advertising and promotions.
Without limiting the foregoing, this license permits LL to publicly display, publicly perform, distribute, and reproduce the User Content, in whole or in part, alone or with other material on or via the Internet, including without limitation, any LL-authorized online and offline receiving and playback devices by any means of transmission now known or hereafter devised. You further grant LL the right to use your User Content and Username, including without limitation, the right to publicly display, publicly perform, distribute, and reproduce such excerpts of your User Content, for purposes of advertising or promoting LL, its products and/or services; (ii) such User Content will not infringe the rights of any person or entity, or violate any governmental rule, regulation statute or law, or the terms and conditions of use; (iii) no money will be owing to any party as a result of the posting of the User Content or its use as contemplated by LL; (iv) you will be responsible for all User Content submitted through forms or via email to us; and (v) you are 18 or older.
LL is under no obligation to use, exhibit, perform, distribute, post, or otherwise exploit your User Content; without limitation of the foregoing, LL may edit, alter, post, decline to post, remove, discard or delete your User Content at anytime with no further notice.
LL may, at no cost or expense to you, process your User Content for playback over the Internet, in print or on television or direct playback on prepared files. LL shall have and retain all right, title, and interest in and to the data resulting from such processing (“Digital Files”).
