Website property and its conditions of use
All text, images, user interfaces, visual interfaces, photographs, trademarks and patents, logos and artwork (collectively, the "Content"), including but not limited to the design, structure, coordination, expression, web design and sorting of that Content on the website, is owned and controlled by LAYER AVENUE, and is protected by trademark and patent laws.
Your website use
You should not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm, methodology or, other similar or equivalent manual process, to access, acquire, copy or monitor a part of the Website or any Content, or to obtain, or attempt to obtain any materials, documents or information through any means not publicly available through the website. LAYER AVENUE reserves the right to ban such activities. You should not attempt to gain unauthorized access to any portion or feature of the website, or any other system or network connected to the website or any LAYER AVENUE server, or any service offered on or through the website, by "hacking" "password mining" or any other illegitimate means. You should not probe, scan or test the vulnerability of the website or any network connected to the website, nor breach the website security or authentication measures, or any network connected to it. You can't do "reverse look-up", track or try to trace any other user or website visitor, or some other client information, including any other LAYER AVENUE's account that you do not own, to its source. You must not exploit the website or, any service or information made available or offered by or through the website in any way that is intended to reveal any information, including but not limited to personal identification or information, other than your own information, as is provided by the website.
You agree not to perform any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site or systems or networks of LAYER AVENUE, or any systems or networks connected to the website. You also agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction carried out on it, or with someone else's website use.
You should not forge headers or otherwise manipulate identifiers in order to disguise the origin or transmission of a message you send to LAYER AVENUE through the website or any service offered on or through the website. You should not pretend it is, or represents, another person, or impersonate any person or entity.
Purchases; Other terms and conditions
LAYER AVENUE obligations, if any, with respect to its products and services are governed solely by the agreements under which they are provided, and nothing on the website should be construed to alter such agreements.
LAYER AVENUE can make changes to any product or service offered on the website, or to the price of any product or service, at any time, without notice.
Accounts, Passwords and Security
Some features or services offered on or through the website may require that you create an account. You are entirely responsible for maintaining the confidentiality of the information you manage in your account, including your password, and for any and all activities that occur under your account as a result of its failure to keep this information secure and confidential. You agree to notify LAYER AVENUE immediately of any unauthorized use of your account or password, or any other security breach.
You can be held liable for losses incurred by LAYER AVENUE or any other user or website visitor, because someone else use your LAYER AVENUE's account or password, due to the failure to keep your account information secure and confidential.
You should not use others LAYER AVENUE's account or password at any time without the express written consent of the owner of that LAYER AVENUE's account and password. LAYER AVENUE cannot and will not be held responsible for any loss or damage arising from your failure to comply with these obligations.
Links to other websites and to LAYER AVENUE's website
This website may contain links to other websites of independent entities ("Linked Websites"). These linked websites are provided solely as convenient for our visitors. These linked websites are not under LAYER AVENUE's control, and LAYER AVENUE is not responsible for the content of such Linked websites, including any information or material contained on such Linked websites. You will use your own independent judgment with respect to the interaction with such Linked websites.
LAYER AVENUE do not promise that the website or any content, service or feature of the website will operate error-free or uninterrupted, or that any defects will be resolved, or that your use of the website will provide specific results. The website and its content are delivered on "as is" and "as available" basis. The information provided on the website is subject to change without notice. LAYER AVENUE cannot ensure that any files or other information that you download from the website will be free of viruses, contamination or destructive features. LAYER AVENUE disclaims any express or implied warranties, including any warranties of accuracy, non-infringement, merchantability and customization for a particular purpose.
LAYER AVENUE disclaims all liability for the acts, omissions and conduct of any third parties in connection with or related to the use you give to the website and/or any LAYER AVENUE's service. You assume full responsibility for any use you make of the website and any linked websites. Your exclusive remedy against LAYER AVENUE for dissatisfaction with the website or its contents is to leave the site or stop using such Content.
Previous liability exemption applies to any liability or damage caused by any failure of performance, error, omission, interruption, deletion, delays in operation or transmission, computer virus, failure in communication line, theft or destruction, unauthorized access, whether for breach of contract, tort, negligence or any other cause of action.
LAYER AVENUE reserves the right to make any of the following, at any time, without notice:
1. Modify, suspend or remove access to the website, or any portion thereof, for any reason.
3. Disrupt the operation of the website, or any part of the website, as necessary to perform routine or non-routine maintenance, error correction and other changes.
Except where prohibited by law, in no event LAYER AVENUE will be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including profits losts, even if LAYER AVENUE has been advised of the possibility of such damages.
You agree to indemnify LAYER AVENUE, its directors, shareholders, employees, agents, subsidiaries and affiliates from any claim, loss, liability, claims or expenses (including attorneys' fees), made against LAYER AVENUE by any third party due to the arising out of or in connection with your use of the website.
LAYER AVENUE may disclose any information we have about you (including your identity), if we determine that disclosure is necessary in connection with any investigation or complaint regarding your use of the website.
We may also disclose information to identify, contact or bring legal action against any person who may be causing injury to, intentionally or unintentionally, rights and/or property of LAYER AVENUE, or the rights and/or property of visitors or users of the website, including LAYER AVENUE's customers.
LAYER AVENUE may also reveal your information when LAYER AVENUE determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection.
You acknowledge and agree that LAYER AVENUE may preserve any of your transmittal or communication with LAYER AVENUE through the website or any service offered on or through the website, and may disclose such information if required by law or LAYER AVENUE determined that such preservation or disclosure is reasonably necessary to:
1. Comply with legal processes.
3. Respond to claims that any information violates the rights of others.
4. Protect the rights, property or personal safety of LAYER AVENUE, its employees, users and website visitors, and the public.
You agree that LAYER AVENUE may, in its sole discretion and without notice, terminate your access to the website, for cause, which includes (but is not limited to):
1. Requests for law enforcement or other government agencies.
2. A request by you (deleting accounts on your own initiative).
3. Discontinuance or material modification of the Website or any service offered on or through the website.
4. Unexpected technical problems.
Applicable Law; Resolution of Disputes
You agree that all matters related to your access or use of the website, including all disputes, will be governed by the laws of the Bolivarian Republic of Venezuela and the laws of the State of Carabobo without regard to its conflicts of law provisions.
You submit to the personal jurisdiction and venue in the state of Carabobo, and waives any objection to such jurisdiction or venue.
You can not look for or recibe recovery damages that are not from your direct-pocket, except those to be awarded to the prevailing party entitled to costs and attorneys' fees.
In the event of any controversy or dispute between you and LAYER AVENUE, as a result of the connection or use of the website, the parties will attempt to promptly and in good faith to resolve the dispute. If we fail to resolve the dispute within a reasonable (not more than thirty days) period, either party may refer the dispute to mediation or conflict. If the dispute can not be resolved through mediation, the parties are free to pursue any right or remedy available under applicable law.
Void where prohibited
LAYER AVENUE manages and operates the website www.layeravenue.com from their locations in Valencia-Venezuela, Miami/Chicago-USA and Toronto-Canada. Any offer for any feature, product or service made in the website is void where prohibited. If you choose to access the website from different locations to those where our company is located, you do so at your own initiative and you are solely responsible for compliance with applicable local laws.
Feedback and information
Any feedback you provide on this website will be considered non-confidential and LAYER AVENUE will be free to use such information without restriction.
The information contained on this website is subject to change without notice.
(2010-2021) Encore Venezuela, S.A. and Encore Universal LLC. All rights reserved.
Updated by the Legal Department on Nov 26, 2016.