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Terms of Use

Lay-la.com Terms of Use

Last Updated: March 01, 2012

Welcome to Lay-la.com (the “Site”) operated by [Layla] House of Layla, Inc.  (“Layla”). The use of the Site and the sale of products and use of the services and information offered on the Site are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies, and terms and conditions of sale and/or use appearing on the Site (collectively, the “Terms of Use). Please take a few minutes to review these Terms of Use. Your use of the Site in any manner, whether browsing, creating an account with us, or making a purchase, constitutes your acknowledgement that you have read the Terms of Use and that you agree to follow and be bound by them.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, Please DO NOT ACCESS OR USE THE Site. BY VIEWING OR USING ALL OR ANY PART OF THE Site, DOWNLOADING ANY MATERIALS OR BY COMPLETING THE REGISTRATION PROCESS or making a purchase through the site, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.

1.         Changes.

Layla reserves the right to change these Terms of Use, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of these Terms of Use on the Site. You can determine when these Terms of Use were last revised by referring to the “LAST UPDATED” legend at the top of these Terms of Use. You should always check these Terms of Use prior to using the Site. Your continued use of the Site following the posting of changes to these Terms of Use will mean that you accept those changes.

2.         Privacy.

Layla’s use of personal information that you may submit to us through the Site is governed by the Layla Privacy Policy, which is posted for your review separately on the Site. Please review our Privacy Policy to understand how the information you supply to us may be used.

3.         Rules and Conduct.

The Site (including without limitation, any content, documents or other information made available through the Site) is provided only for your personal, non-commercial use. Any unauthorized use of the Site is expressly prohibited.

As a condition of use, you promise not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Layla. You agree to abide by all applicable local, state, national and international laws and regulations.

By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Site, that:

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, profane or which otherwise violates the Terms of Use;
  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  • imposes an unreasonable or disproportionately large load on Layla’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or otherwise;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Layla or any third party;
  • uses any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather the Site content or reproduce or circumvent the navigational structure or presentation of the Site; or
  • impersonates any person or entity, including any employee or representative of Layla.

Layla may, at its sole discretion, immediately terminate your access to the Site should your conduct fail to conform strictly with any provision of this section.

4.         Registration; User Names and Passwords.

You may be required to register with Layla in order to access certain areas of the Site, for example, to purchase Layla products or otherwise initiate Transactions (as defined below). With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the Site that occur in connection with your user name. You agree to immediately notify Layla of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the Site, and to ensure that you “log off” and exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

5.         Purchases and Other Transactions.

If you wish to purchase any product or service or to make a payment through the Site (each such purchase or other transaction, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information. Any such information provided through the Site will be treated by Layla in accordance with these Terms of Use and the Privacy Policy. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any Transaction.

Layla reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the Site are subject to change without notice, and Layla shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to Layla’s refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

6.         Debit Card Holds.

When using a debit card, please be aware that your financial institution may place a hold on your account for an amount that may equal or exceed the purchase amount. Layla is not responsible for placing or removing debit holds. Please contact your financial institution if you would like more information.

7.         Content.

Layla has no obligation to monitor the Site or any use thereof. However, Layla reserves the right at all times and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental (including law enforcement) request.

8.         Third Party Websites.

The Site may contain links to other sites that are neither owned nor operated by Layla, although some such sites may have an affiliation with Layla (collectively, “Third Party Websites”). Such links are provided for your convenience only. Layla makes no representations whatsoever about any Third Party Websites which you may access through the Site, as Layla has no control over the content appearing on such Third Party Websites. Moreover, a link to a Third Party Website does not imply and does not constitute sponsorship, endorsement, approval, or responsibility for the content on, or the use of, such Third Party Website. No rights to use or copy the information on the Site or the Third Party Website is granted or implied. Please Note: The Terms of Use and Privacy Policies applicable to Third-party Websites may differ significantly from those of the Site. You are encouraged to review the applicable privacy policies of such Third Party Websites.

9.         Proprietary Rights.

You agree that all content and materials made available by Layla through the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Layla in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content through the Site for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, database or directory without written permission from Layla is prohibited.

Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Layla. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.

10.       User Comments.

We welcome your comments about our the Site, but please note that by uploading, submitting or otherwise disclosing or distributing content of any kind including, but not limited to, comments, feedback, reviews, notes, messages, ideas, suggestions, or other communications (collectively “Comments”) at or otherwise through the Site, you:

  • grant to Layla, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such Comments in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein without restriction and without compensating you in any way;
  • represent and warrant to Layla that you own or otherwise control all rights to such Comments and that disclosure and use of such Comments by Layla (including without limitation, publishing content at the Site) will not infringe or violate the rights of any third party; and
  • acknowledge that the Comments may not be treated confidentially.

FOR THIS REASON, WE ASK THAT YOU NOT SEND US ANY COMMENTS THAT YOU DO NOT WISH TO ASSIGN TO Layla, INCLUDING ANY CONFIDENTIAL INFORMATION OR ANY ORIGINAL CREATIVE MATERIALS SUCH AS STORIES, PRODUCT IDEAS, COMPUTER CODE, PHOTOGRAPHS, OR ORIGINAL ARTWORK.

11.       Termination.

Layla may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Site.

12.       No Warranties.

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Site (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE Site AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE Site WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE Site WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE Site IS SOLELY AT YOUR OWN RISK.

13.       Limitation of Liability.

IN NO EVENT SHALL COMPANY (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF these Terms of Use, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF these terms of use AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. IN NO EVENT SHALL Layla’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO these terms of Use, THE site, OR YOUR USE OF OR INABILITY TO USE Site EXCEED $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

14.       Indemnification.

You agree to defend, indemnify, and hold harmless Layla, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Site. Layla reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Layla in asserting any available defenses.

15.       Intended Audience.

Layla controls and operates the Site from its offices located in the State of California, U.S.A., and the Site is not intended to subject Layla to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, materials made available through the Site are presented solely for the purpose of providing services and promoting products available in the United States. Layla makes no representation or warranty that the Site, in whole or in part, or any products, services, or materials made available through the Site, are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.

16.       Dispute Resolution.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Layla agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in New York, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

17.       Integration and Severability.

These Terms of Use are the entire agreement between you and Layla with respect to use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Layla with respect to the Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

18.       Assignment.

These Terms of Use contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with Layla’s prior written consent. Layla may assign, transfer or delegate any of its rights and obligations hereunder without consent.

19.       Waivers and Modifications.

All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.

20.       Limited Relationship.

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees.

21.       Notices.

All notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

22.       Trademarks.

“House of Layla,” “Layla” and the other Layla trademarks, trade names, service marks and logos appearing on the Site are proprietary trademarks of Layla. The use of any of our trademarks or any other content made available through the Site, except as expressly provided in these Terms of Use, is strictly prohibited.

23.       Copyright Infringement.

If you believe a work on the Site constitutes infringement of your copyright or other intellectual property rights, please provide our Designated Agent with a written communication containing the following information:

i.          evidence of your authorization to act on behalf of the owner of the copyrighted work;

ii.          a description of the copyrighted work that you claim has been infringed;

iii.          a description of where the alleged infringing material is located on the Site, including where the material is located;

iv.         your address, telephone number, and email address;

v.          a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

vi.         a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

vii.        your physical or electronic signature.

Layla’s Designated Agent for notice of claims of copyright infringement can be reached at: info@Lay-la.com.

24.       Contact.

You may contact Layla at the following address:

[Layla]

17595 Harvard St Ste C124

Irvine, CA 92614

25.       Filtering.

Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two sites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Note that Layla does not endorse, support or approve any of the products or services listed at such site.

26.       California Compliance.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to info@lay-la.com. You may also contact us by writing to 17595 Harvard St Ste C124, Irvine CA 92614 Attn: House Of Layla, Inc., or by calling us at: 949-748-3881. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.