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Layers Terms of Use
The Terms
The following Terms of Use define the legally binding terms for your use of the services provided or made available to you by Layers through and on the layers.com website and Layers Client software (collectively, the 'Services').
'Layers' means Padawan Network,S.L. CIF B64633910 whose principal place of business is at C/Sant Salvador 59 Sant Cugat del Vallés (Barcelona), Spain or any successor in interest of this company.
The Services include: the layers.com website (the 'Website'); connection to and use of the Layers Server (the 'Layers Server'); and any products, software and services provided to you on or from the Website. But do not include User-Content submitted by users to the Website and Layers Server.
By visiting the Website and/or using the Services, including registering a Layers account, you indicate your consent to these Terms of Use, Layers' Privacy Policy and Community Layering Guidelines, and which are incorporated herein by reference (collectively, the 'Terms'). If you do not agree to any of these Terms, please do not use the Services.
These Terms are applicable to all users of the Services, including visitors to the Website and those who submit content and other information ('User-Content', as defined below), and other materials or services on the Website.
NB: The Layers Client software is distributed under the Layers Evaluation software license.
Accepting the Terms
In order to use the Services, you must first agree to the Terms, by simply using the Services or by registering for a Layers account. You understand and agree that Layers will treat your use of the Services as acceptance of the Terms from that point onwards. You should print off or save a local copy of the Terms for your records.
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with the Terms.
Language of the Terms
Where Layers provides you with a translation of the English language version of the Terms, then the translation is provided for your convenience only and you agree that the English language versions of the Terms will govern your relationship with Layers and will prevail over the terms in any other language.
Changes to the Terms
Layers may make changes to the Terms from time to time. When these changes are made, Layers will make a new copy of the Terms available at http://layers.com/legal_terms. You understand and agree that if you use the Services after the date on which the Terms have changed, Layers will treat your use as acceptance of the updated Terms. You should check the Terms regularly for changes.
LAYERS ACCOUNTS
Layers Accounts
Layers Accounts
In order to access some features of the Website or other Services, including submitting User-Content, you will have to create a Layers account. When creating your account, you must provide accurate and complete information. You agree that you will be solely responsible (to Layers, and to others) for all activity that occurs under your Layers account, including the submission of User-Content.
Account security
It is important that you must keep your Layers account password secure and confidential. You must notify Layers immediately help@layers.com of any breach of security or unauthorised use of your Layers account that you become aware of. You may be liable for the losses of Layers or others due to such unauthorised use, although Layers will not be liable for your losses caused by any unauthorised use of your account.
WEBSITE AND SERVICES: ACCESS, USE AND AVAILABILITY
Permission to use the Services
Layers hereby grants you permission to visit the Website and/or use the Services, subject to the Terms, including without limitation the following express conditions: you will not use the Website or any Services for any commercial use, without the prior written authorisation of Layers. Prohibited commercial uses shall include, without limitation:the resale of access to the Website or any of the Services (such as the Layers Server) on another website for the primary purpose of gaining advertising or subscription revenue; andthe redistribution of the Services (and any User-Content accessible through such Services) for the primary purpose of generating revenue from a substantially similar or comparable business enterprise to that carried on by Layers,but shall not include (i) uploading original User-Content through the Services, (ii) making available original Layer Data on the Services in order to promote a business or artistic enterprise, and (iii) any use that is expressly authorised by Layers in writing;your access to or use of any User-Content is solely for your personal, non-commercial use apart from those that Layers approved explicitly; you will not change or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose; you will not distribute or copy any part of the Services in any medium without the prior written authorisation of Layers; you will not access User-Content or other content made available on the Website (including Layers Content, as defined below) through any technology or means other than the Layer Client and Server or the Website itself, or such other means as Layers may explicitly designate for this purpose;you will not (and not attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or Layers Server or features that (i) prevent or restrict use or copying of any User-Content or Layers Content or (ii) enforce limitations on use of the Website or Layers Server or the content accessible on the Website;you will not collect or harvest any personally identifiable information, including account names, from the Services, you will not use the communication systems provided by the Services and Services themselves for any commercial solicitation purposes; you will not solicit, for commercial purposes, any users of the Services with respect to their User-Content; you will not to use or launch any automated system, including without limitation, offline readers, robots, spiders, that accesses the Services in a way that sends more request messages to the Layers servers in a given time period than a human can reasonably generate in the same period by using a standard online web browser (see below for search engine exemptions); andyou will comply with all of the other provisions of these Terms including the Layers Community Guidelines at all times during your use of the Services.
As an exception to the above, Layers grants the operators of public search engines permission to use robots/spiders to copy and index materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.
Layers reserves the right to revoke these exceptions either generally or in specific cases. Layers reserves the right to terminate your license to use the Services at any time, or to charge for commercial usage in the future.
Availability and continuity of the Services
Layers shall use its reasonable endeavours to make available to you at all times the Layers Server and the Services but it shall not, in any event, be liable for interruptions of Service or down-time of the Server.
Layers reserves the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
Layers reserves the right to discontinue any aspect or part of the Services at any time.
INTELLECTUAL PROPERTY AND THIRD PARTY RIGHTS AND LINKING
Website Content
The content on the Website, except all User-Content (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (collectively, 'Layers Content'), is owned by or licensed to Layers and is subject to copyright, trade mark rights and other intellectual and industrial property rights of Layers or Layers' licensors. Any third party trade or service marks present on the Website are trade or service marks of their respective owners.
Layers Content is provided to you 'as is' for your information and personal use only and may not be used, copied, distributed, reproduced, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Layers reserves all rights not explicitly granted in and to the Layers Content. If you download or print a copy of the Layers Content for personal use, you must retain all copyright and other proprietary notices contained therein.
User-Content
The Services permit users with a valid Layers accounts: to submit all kinds and forms of data, including but not limited to descriptions, tags, images, links, audio and/or comments ('Layer Data') and the hosting, sharing, and/or publishing of that Layer Data; andto add textual content to the Website ('User Comments'), (collectively referred to as 'User-Content').
Whether or not such User-Content is published, Layers does not guarantee any confidentiality with respect to any content added.
By posting content, you are granting permission to Layers and others to access and use it in connection with Layers and otherwise in connection with its affiliates' businesses. You can mark content as private to restrict access and use to those users to whom you explicitly grant access. For publicly accessible content, you can label your content with one of several possible licenses. Your use of a license in connection with your content does not affect Layers' right to access and use it in connection with Layers or otherwise in connection with its affiliates' businesses.
You are solely responsible for your own User-Content and the consequences of publishing or posting it. You retain all your ownership rights in your User-Content but you are required to grant limited licence rights to Layers and other users. These are described in Paragraph 13 of these Terms (License to Layers).
You further understand and acknowledge that in using the Website and the Services, you may be exposed to User-Content from a variety of sources that is inaccurate, offensive, indecent, or otherwise objectionable. You agree that Layers is not responsible for the accuracy, safety, usefulness, or intellectual property rights of or relating to such User-Content. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Layers with respect to any such User-Content.
Layers does not monitor, supervise nor endorse any User-Content or any opinion, recommendation, or advice expressed therein, and Layers expressly disclaims any and all liability in connection with User-Content.
Layers reserves the right (but shall have no obligation):to decide whether User-Content is appropriate and complies with the content requirements set out in these Terms; and to remove User-Content and/or terminate a User's access to add such content in violation of this Agreement at any time, at its sole discretion and without prior notice, but also, without limitation, when duly notified by a third party that such Content breaches their rights.
Third party rights policy
Layers operates a clear policy in relation to any User-Content which is alleged to infringe the rights of a third party. Details of that policy can be found in the Layering Guidelines and Notification Process.
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