Terms of Use and Conditions

Terms of Use and Conditions

TERMS OF SERVICE

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OVERVIEW

This website is operated by Layer Media Design Inc.. Throughout the site, the terms “we”, “us” and “our” refer to Layer Media Design Inc.. Layer Media Design Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on our dedicated server.

1. Customer Obligations: The Customer undertakes with Layer Media Design the following: a) to deliver all material for the purpose of designing and developing the product, in accordance with the specifications and conditions of the order, within a reasonable time. If the customer does not deliver the material in term, the company may cancel the order. B) to cancel the value foreseen in the order within the 30 days following the date on which the services are contracted.

2. Obligations of Layer Media Design: With the material received, Layer Media Design will produce the product for which an application is received, where its composition, layout and presentation, typefaces, size, alphabetical order and sections will be determined by the designers , According to their knowledge and experience in the elaboration, design, development and placement of their different products. Layer Media Design is committed to programming, designing, developing and structuring the product. In addition, it will provide the client, when applicable, the provision of hosting or hosting services. We have a 100% Customer Satisfaction.

3. Customer guarantee for the material delivered: The customer guarantees that all material used and provided for the purpose of complying with the work requested is not illegal and does not infringe the rights of third parties, in terms of intellectual property.

4. If for any reason the material delivered by the customer does not meet the requirements to be included, our staff will inform the client, in order to send the appropriate material within a reasonable term.

5. Layer Media Design will send the customer proof of the designs or products for the client to communicate (preferably in writing) approving the product or corrections to the same. If within the established period no response is received from the customer, the approval of the product is assumed.

6. If the client does not cancel his obligation within the specified term, Layer Media Design reserves the right to cancel the publication order, to download the contracted product from the network or to suspend the service, without prejudice to the collection of the appropriate value through any legal mechanism.

7. Disclaimer of Warranties: We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Layer Media Design Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

8. Layer Media Design reserves the right to refuse, at its discretion, requests for the preparation, design and development of any type of product in the following cases: a) when the respective applications have not been authorized by the Persons who have the power to agree upon them; B) when the content or information of the products is not true, or the content of the notices or web pages that are announced or published does not correspond to what is offered there; C) when the products violate morality or good customs by its content or its presentation; D) when products affect the rights of third parties, which may give rise to claims or give rise to legal disputes over the use of third party intellectual property, such as names, trademarks, drawings, texts, legends or commercial slogans, among others.

9. The values ​​corresponding to this order of services shall be paid in the manner agreed upon with the client. Changes in the method of payment must be agreed by the parties.

10. The design of the page, notices, graphics and images, made on the occasion of this order of services will be owned by Layer Media Design until delivery to the client and can not be used in any medium without its previous and express authorization.

11. Acceptable of Use Policy: THE CLIENT expressly agrees to abide by the Layer Media Design policy concerning the use of the products and services offered. The copy of the current policy of acceptable use may be modified at any time without prior notice to the CLIENT. By signing this agreement THE CLIENT accepts and declares that it agrees to observe the "acceptable use policy".

12. Suspension or termination of the contract: If Layer Media Design suspects of any illicit use of the products or services by the customer or any use that violates the legal notice, Layer Media Design reserves the right to suspend immediately or terminate unilaterally the contract where this is necessary to protect the interests of the company or third parties; In the event that the customer uses the services unlawfully or in violation of an acceptable use policy, and with that causes an additional expense to Layer Media Design, the client will be responsible and will have to compensate the company.

13. Compliance with Laws: Each party agrees to comply with all applicable laws, rules and regulations, including any Internet regulations and policies and applicable laws, in the performance of this agreement.

14. Confidentiality: The information disclosed by the parties due to or on occasion of this contract, whether in a verbal, written or magnetic form, which is confidential, will be maintained in this way and for that reason must be protected. Accordingly, neither party may communicate it to third parties or exploit it for commercial purposes, and it shall use the utmost diligence and good faith to preserve and keep as confidential the information it has received from the other party or that have communicated to each other.

15. Modifications: The company reserves the right to modify the characteristics and functionality of operating systems, platforms and software.

16. Property Rights: The company will retain all property rights in relation to its services and products; As a result, all software, code, source, object, specifications, designs, processes, techniques, concepts, improvements, discoveries and inventions made or developed in connection with the services shall be the property of the company.

17. Changes to terms of service: You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

18. Severability: In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

19. Indemnification: You agree to indemnify, defend and hold harmless Layer Media Design Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

20. Third Party Links: Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

21. Monthly hosting and maintenance transfer and cancellation fees: The packages contracted imply voluntary stay, having the transfer of the website to another hosting have a cost of $350. Also, those plans have a commitment of 12 months. Cancellation before the 12 month will incur in a cancellation fee if you want to retain the rights of the webpage. Rights to the website are relinquished upon cancellation unless otherwise purchased by paying the cancellation fee. The fee will be calculated depending on how many month are left to complete 1 year of service. Other fees may apply depending on what other services were contracted to complete your website.

22. Free Web Design advertising: This promotion will require the purchase of a monthly maintenance and service plan. See article #21 for details about transfers and cancellation fees.

23. Money back and satisfaction guarantee: After the web design is finished and presented, the customer will have to accept or deny the final product. If the customer agreed on the design, the website will go live and we will have comply with our 100% satisfaction guarantee policy and no refund will be provided afterwards. If the customer denies the design, then we will work with the customer to address any concern. If all the concerns can't be complied by us and we have exhausted all the means to correct them, then we will provide a full refund of the money.

23. Contact Information: Questions about the Terms of Service should be sent to us at info@layermediadesign.com.