Introduction
1.1 The Layv general terms and conditions apply to your use of our website.
1.2 By using our website, you fully accept these terms and conditions; accordingly, if you disagree with the Layv terms and conditions or any part of these terms and conditions, you may not use our website.
1.3 When you register with our website, post material to our website, order items from our web shop or use any of our website services, you automatically agree to these terms and conditions.
1.4 You must be at least 12 years old to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 12 years old.
1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookie policy.
LAYV®
2.1 This document was created to be used for LAYV.co and its subsidiaries.
Copyright notice
3.1 Copyright © 2023 LAYV B.V.
3.2 Subject to the express provisions of the Layv general terms and conditions:
(a) we, together with our licensors, own all copyrights and other intellectual property rights in our website and the material on our website; and
(b) all copyright and other intellectual property rights in our website and the material on our website are reserved.
License to use website
4.1 You may:
(a) view pages of our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website;
(e) use our website services through a web browser, subject to the other provisions of these general terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you may not download any material from our website or store such material on your computer.
4.3 You may only use our website for your own personal and business purposes and you may not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you may not edit or otherwise alter any material on our website.
4.5 Unless you own or control the relevant rights to the material, you may not:
(a) republish material from our website (including republishing on another website);
(b) sell, rent or sublicense material from our website;
(c) publicly display material from our website;
(d) use material from our website for commercial purposes; or
(e) redistribute material from our website.
4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
4.7 We reserve the right to restrict access to parts of our website, or even our entire website, at our sole discretion; you may not circumvent or circumvent, or attempt to circumvent or circumvent, any access restriction measures on our website.
Acceptable use
5.1 You may:
(a) not use our website in any way or take any action that causes or may cause damage to the website or impair the performance, availability or accessibility of the website;
(b) use our website in a manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute material consisting of (or linked to) spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits or other malicious computer software;
d) performing systematic or automated data collection activities (including but not limited to scraping, data mining, data extraction and data collection) on or in connection with our website without our express written consent;
(e) access or otherwise interact with our website using a robot, spider or other automated means, except for search engine indexing;
(f) violate the guidelines set forth in the robots.txt file for our website; or
g) use data collected through our website for direct marketing activities (including but not limited to email marketing, text message marketing, telemarketing and direct mailing).
5.2 You may not use the data collected through our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that any information you provide to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].
Registration and accounts
6.1 To qualify for an account on our website under this section 6, you must be resident or located in Europe.
6.2 You may register for an account with our website by completing and submitting the account registration form on our website and clicking on the verification link in the email the website will send you.
6.3 You may not allow any other person to use your account to access the website.
6.4 You must notify us immediately in writing if you become aware of any unauthorized use of your account.
6.5 You may not use another person’s account to access the Website unless you have that person’s express permission to do so.
User Login Details
7.1 If you register for an account on our website, we will provide you with OR you will be asked to choose a user ID and password.
7.2 Your User ID must not be misleading and must comply with the content rules set forth in Section 10; you may not use your account or User ID for or in connection with the impersonation of any person.
7.3 You must keep your password secret.
7.4 You must notify us immediately in writing if you become aware of any disclosure of your password.
7.5 You are responsible for all activities on our website resulting from your failure to keep your password confidential, and you may be held liable for any losses resulting from such failure.
Cancellation and suspension of account
8.1 We can:
(a) suspend your account;
(b) cancel your account; and/or
(c) your account information
edit at any time in its sole discretion without notice or explanation.
8.2 You can cancel your account on our website through your account control panel on the website.
Your content: license
9.1 In the Layv terms and conditions, “your content” means all works and materials (including but not limited to text, graphics, images, audio material, video material, audiovisual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by or transmission through our website.
9.2 You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in existing or future media OR reproduce, store and publish your content on and in connection with this website and any successor website OR reproduce, store and, with your specific permission, publish your content on and in connection with this website.
9.3 You grant us the right to sublicense the rights licensed under Section 9.2.
9.4 You grant us the right to bring an action for infringement of the rights granted under Section 9.2.
9.5 You hereby waive all your moral rights in your Content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your Content have been waived to the maximum extent permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing functionality available on our website.
9.7 Without prejudice to our other rights under these terms and conditions, if you violate any provision of these terms and conditions in any way, or if we reasonably suspect that you have violated these terms and conditions in any way, we may remove, undo the publication or edit any or all of your content.
Your content: rules
10.1 You warrant and represent that your content will comply with the Layv terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe the legal rights of any person and must not be capable of giving rise to legal action against any person (at least in any jurisdiction
under any applicable law).
10.3 Your content, and the use of your content by on in accordance with these terms and conditions, may not:
(a) are defamatory or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trademark right, design right, compass right or other intellectual property right;
(d) violate any right to trust, right to privacy or right under data protection laws;
(e) constitute negligent advice or contain a negligent statement;
(f) constitute an inducement to commit crime [, instructions to commit a crime or the promotion of criminal activity];
(g) be in contempt of court, or in violation of a court order;
(h) violate racial or religious hatred or discrimination laws;
(i) are blasphemous;
(j) violate laws governing official secrets;
(k) violate a contractual obligation to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) are pornographic, lewd, suggestive or sexually explicit;
(n) are false, untrue, inaccurate or misleading;
(o) consist of or contain instructions, advice or other information that can be acted upon and which, if followed, could cause illness, injury or death, or any other loss or damage;
(p) spam forms;
(q) [are offensive, deceptive, fraudulent, threatening, abusive, intimidating, antisocial, threatening, hateful, discriminatory or inflammatory; or
(r) cause annoyance, discomfort or unnecessary anxiety to a person.
Limited warranties
11.1 We do not guarantee or represent:
a) the completeness or accuracy of the information published on one website;
(b) that the material on the website is up-to-date; or
(c) that the website or a service on the website remains available.
11.2 We reserve the right to discontinue or change any or all of our websites services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and
except as otherwise expressly provided in these terms and conditions, you are not entitled to any compensation or other payment upon discontinuance or modification of any website service, or if we stop publishing
from the website.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the
use of our website.
Limitations and exclusions of liability
12.1 Nothing in these terms and conditions shall:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit liability in a manner not permitted under applicable law;
(d) Exclude all liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set forth in this Article 12 and elsewhere in these General Terms and Conditions:
(a) are subject to Article 12.1; and
(b) settle all liabilities arising it these general terms and conditions or related to the subject matter of these general terms and conditions, including liabilities arising from a contract,
tort (including negligence) and for breach of a legal duty, except as otherwise expressly provided in these Terms.
12.3 Insofar as our website and the information and services on our website are provided free of charge, we are not liable for any loss or damage of any kind.
12.4 We shall not be liable to you in respect of any loss arising from any event or events beyond our reasonable control.
12.5 We are not liable to you with respect to business losses, including (but not limited to) loss of or damage to profit, income, revenue, use, production, anticipated savings, business, contracts,
commercial opportunities or goodwill.
12.6 We are not liable to you with respect to loss or damage to data, databases or software.
12.7 We shall not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 You accept that we have an interest in limiting the personal liability of one officers and employees and, in light of that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring a personal claim against our officers or employees with respect to any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
Violations of these terms and conditions
13.1 Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently deny you access to our website;
d) block computers using your IP address from accessing our website; (block computers using your IP address from accessing our website]
(e) [neem contact op met een of al uw internetproviders en vraag hen en om uw toegang tot onze website te blokkeren]; [contact any or all of your internet service providers and request that they block your access to our website]
(f) take legal action against it, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website [suspend or delete your account on our website]
13.2 If we suspend, prohibit or block access to our website or any part of our website, you may not take any action to circumvent such suspension or prohibition or blocking (including but not limited to [een ander account aanmaken en/of gebruiken]) [creating and/or using a different account])
Variation
14.1 We may revise the Layv terms and conditions from time to time.
14.2 The revised Terms are applicable to the use of our website from the date of publication of the revised Terms on the website, and you hereby waive any right you might otherwise have to be notified of, or to agree to, revisions to these Terms.
14.3 If you have given your express consent to these terms and conditions, we will ask for your express consent to any revision of these terms and conditions; and if you do not expressly agree to the revised terms and conditions within the time period specified by us, we will disable or delete your account on the website and you must stop using the website.
Assignment
15.1 You hereby agree that we may assign, transfer, subcontract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not assign, transfer, subcontract or otherwise deal with any of your rights and/or obligations under these terms and conditions without our prior written consent.
Severability
16.1 If any provision of these terms and conditions is declared illegal and/or unenforceable by a court or other competent authority, the remaining provisions shall remain in force.
16.2 If any unlawful and/or unenforceable provision of these Terms and Conditions would be lawful or enforceable if any part of it were removed, that part shall be deemed removed and the remainder of the provision shall remain in force.
Third party rights
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
Full agreement
18.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookie policy, constitute the entire agreement between you and us with respect to your use of our website and supersede all prior agreements between you and us with respect to your use of our website.
Law and jurisdiction
19.1 The Layv general terms and conditions shall be governed by and interpreted in accordance with EU law.
19.2 All disputes relating to these terms and conditions shall be subject to the exclusive OR non-exclusive jurisdiction of the courts of the Netherlands.
Refunds and cancellations
20.1 Purchases from LAYV are final and reserves the right to refuse refunds without giving good reason.
Business address
LAYV BV
Panama Avenue 2
1019 AZ Amsterdam
Netherlands
Business Registration
VAT number: NL859258555B01
Chamber of Commerce: 72846461
LAYV B.V.
Panamalaan 2G
1019 AZ Amsterdam
📍LAYV CBD
hey@layv.co
Chamber of Commerce: 72846461
VAT: NL859258555B01
© 2023 LAYV B.V.
