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Templates License and Terms of Use.

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Templates License and Terms of Use

These terms of use are an agreement between you ("user") and Layer Avenue ("Encore Venezuela, S.A.", "Encore Universal LLC", "us"). We give you access to different services (defined later in this agreement) that allow you to manage websites, make use of tools for communication and collaboration, and eCommerce services, directly or indirectly through our website (www. layeravenue.com) or domains linked to it (domains purchased from us).

When you acquire and use any of our templates, you accept the conditions provided in this agreement.

Right to Use of Templates

Subject to this agreement, Layer Avenue grants a license with limited access, revocable, non-transferable and exclusive to make use of one (1) template, as well as all the features provided in the purchased plan, through a user ID assigned by our company, for the sole reason to access services provided under this agreement. This license does not allow you to copy, publish, modify, upload online, translate, rent, sell, distribute, transfer, reverse engineer or attempt to redo the programming or programming code used in the templates or any material delivered to you as part of our service, unless it is expressly written and permitted by us. We reserve all rights not expressly granted in this agreement.

Our company will provide a user ID for each account you own. You agree to provide all information requested by us to configure your account and keep it updated. Failure to comply with this condition may result in the suspension or deletion of your license as well as all information related to it. Additionally, you agree not to provide your user ID to persons who are not employees of your company, and to ensure that all persons authorized to make use of the user ID provided by us, have read and agree to these terms of use. As part of our services, Layer Avenue will configure the website according to the plan purchased on the required domain. It is possible that initially your website has example images and text, so you can have an idea of how it can be seen after you add the proper content, and to make it easier for you to add the information, images and other resources you want your website to have. You agree to amend the information, images and other resources present when the website is configured, before making it public and third parties make use of it.

Your Template Content

You are solely responsible for all information, text, audio, video, images, messages and any other material which is posted on your website. Layer Avenue is not responsible for the content of your website. You are responsible for any loss or unrecoverable content of your website that occur while using our services. You are advised to frequently back up your content.

Monitoring of Template Content

Layer Avenue may, but has no obligation, to review the content of the Template you acquire.

We may disclose information we consider relevant, to comply with our legal obligations to protect Layer Avenue or our customers, or to ensure the performance of our services.

Layer Avenue, in its sole discretion, may refuse to issue, suspend, remove, or ask you to delete any content, in whole or in part, as it deems unacceptable, inappropriate or in violation of this agreement. Layer Avenue may also ask you to locate some of the content under password protection. If such a request was made, you cannot publish passwords to access content or any similar information that counters the effect of the password protection.

If Layer Avenue makes the request that you place some content under password protection, and you do not carry out such a request on your website, Layer Avenue has the right to place the content in question, protected by password without your consent and to suspend or remove immediately your license to use our services.

You are solely responsible for the accuracy of the information present on your website, including taxes, prices and product descriptions, shipping charges, contact information, etc. Layer Avenue is not responsible for untruthful information on your website, nor for any damage that it may cause to others.

Claims, Suggestions and other Messages to our Company

Any questions, comments, suggestions, ideas, feedback or other information that you provide us is not confidential. In addition, you grant us perpetual, worldwide, irrevocable and royalty-free permission, to reproduce, publish, distribute, modify, edit or use in any way the information you provide us, for commercial purposes or not, as we deem appropriate in our sole discretion.

Conditions to make Use of our Services

You acknowledge and agree to comply with the following rules and conditions:

- You confirm that you are at least 13 years of age.

- You confirm that the email provided during checkout process is valid and will remain active at all times while you make use of our services.

- You will not use our services or materials for illegal purposes or to carry out criminal activities, including but not limited to, fraud, embezzlement, identity theft or money laundering.

- You agree to not suggest or mention, directly or indirectly, that you represent Layer Avenue without our express written authorization.

- You will not post, send emails, messages or communications or otherwise make available content that is false, pornographic, infringes copyrights, that is violent, hateful or discriminate people, as well as content that violates privacy or safety of other individuals or organizations.

- You will not post, send emails, messages or communications or otherwise make available information that contains viruses, worms, Trojan horses or any other computer code that destroys or limits the capabilities of our services and the services or devices of other persons or institutions.

- You agree not to share your information access to our services, and to not do any action that might jeopardize the security of your account. You will not attempt to access to your account or other accounts in ways not anticipated by Layer Avenue.

- You will not upload text files, images or sounds bigger in size than allowed by our system.

- You will not post content that could be considered spam, that is generated or randomly generated by a machine, that is unethical or that is designed to drive traffic to third party websites or to improve search engine rankings, or to commit illegal acts (such as phishing).

- You will not offer or sell illegal products-services under your local jurisdiction.

- You will not offer or sell products-services that infringe intellectual property or copyright of other persons or organizations.

- You will not offer or sell firearms or ammunition for such weapons. We reserve the right to determine what is a gun, or what kind of weapons cannot be marketed using our services.

Conditions and Limitations

Any of the Layer Avenue's Templates can only be operated and configured on Layer Avenue's servers.

Layer Avenue grant one (1) license by Template. This does not guarantee any right to use the logos, names and/or brands of our company. Only Authorized Dealers (besides Layer Avenue) may trade Templates licenses.

Once a Template is created and configured on your domain, you instantly become the owner of all content that is created using our services, however, Layer Avenue retains ownership of the Template.

The use of any Template it is limited by the conditions laid down in these Terms of Use. All rights not expressly granted are reserved for Layer Avenue and no license is guaranteed by implication or defect.

You and all Template users must make use of the service in compliance with the Terms of Use described herein and in compliance with regulations of your continental, national, regional and local jurisdiction.

Our Access to other Accounts and Services you own-use

Some of our services require you to provide us with your login information (email or username, and password) to accounts or third party services.

When you provide us this information or allow us to access these services from third parties, you confirm that you have all legal rights to give us that access or login information.

eCommerce through our Templates

Our services offer the possibility of selling or buying goods and services through the templates. Layer Avenue only provides the platform for buyers and sellers to negotiate and complete transactions on different goods and services. When a user makes a purchase, payment is processed through a third party (MercadoPago, Stripe or PayPal). The third party has its own conditions of use and privacy policy. Layer Avenue is not responsible for the actions that these third parties carry on your transactions.

Payments and Templates Contracts

You agree to establish a contract term of one (1) month or one (1) year with Layer Avenue.

You can increase or decrease the amount of template features in your plan, as currently offered by our company. If you remove any template plan functions, Layer Avenue may apply a credit to your company for the next month or next year contract renewal. Layer Avenue makes no refunds under any circumstances unless Layer Avenue defines a case of force majeure was presented with a customer.

The contracts will be renewed only if the customer states in written its desire to do so and make the required payment before the contract due date.

Layer Avenue does not offer free support or customer care, unless it is expressed for a particular item on its website.

You can cancel your service at any time. If you cancel your service, we will send to your email a cancellation notice. Layer Avenue has the right to delete all information generated during the use of our services, including financial information.

What is Ours

All materials and services available in www.layeravenue.com, and all services or content delivered through Layer Avenue or any of the email accounts of the company, or authorized dealers, belong to Layer Avenue, including but not limited to manuals, tips and recommendations about websites, marketing and digital advertising, design and intended features (except those corresponding to MercadoPago, PayPal or Stripe) in templates, and are protected by trademark rights and other intellectual property laws. All Layer Avenue's logos and slogan belong to our company. Unless it is expressly written otherwise, users are not allowed to use the Layer Avenue brand.

Taxes

You accept full responsibility for the collection and payment of taxes, according to your jurisdiction and business made through our services. Layer Avenue is not responsible for the payment of your business taxes resulting from the use of our services.

When buying or selling products-services, it is your responsibility to know which taxes should be collected-paid according to your type of business and established in your local jurisdiction.

Policy Actions on Violations by Law or Jurisdictions

Layer Avenue is the only authorized, at its sole discretion, to determine which content or account is violating any of the policies of these terms of use. Any violation of these policies in these terms of use may incur in the suspension of content and/or features of the website, or the user who fails to comply with the set forth herein.

If Layer Avenue determines that an account is being used for illegal activities, it can be removed immediately with its financial information. We may also communicate with authorities who ensure public order and security in the relevant jurisdictions, in order to enforce the law.

Disclaimers

Layer Avenue is not responsible for damages to third parties of any kind due to use of our services, regardless of whether there has been a violation of the conditions of use, negligence, malpractice, among others, even if Layer Avenue has been advised of the possibility of such damages.

Therefore, you agree that Layer Avenue and its authorized dealers have no legal responsibility or any connection with your use of the template provided by our company.

Therefore, you waive the provisions of any state or local law limiting or prohibiting a general release of liability.

Indemnification

You agree to indemnify, hold harmless and defend Layer Avenue, and its authorized dealers from and against any liability, loss, claims, damages, costs or expenses incurred by or made against Layer Avenue and its authorized dealers, in relation to any claim by the use of our services, or offering-sale of products-services on your website. This includes, but is not limited to a breach or violation of these Terms of Use by you or anyone using your account.

You agree to fully cooperate as reasonably required by Layer Avenue or its authorized dealers. Layer Avenue or any of its Authorized Dealers may, at its option, to assume the defense and control of any matter for which compensation was paid.

You cannot solve any matter related to Layer Avenue or an Authorized Dealer without the consent of the applicable Indemnified Party.

Dispute

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.

Any claim under these Terms of Use must be filed within six (6) months after the cause of action arises or such claim or cause of action is barred. Claims under other terms and conditions of purchase of goods and services, are not subject to this limitation.

You cannot 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 cannot be resolved through mediation, the parties are free to pursue any right or remedy available under applicable law.

Terms to Publish on your Website

You are responsible for drafting the terms of use and privacy policy of any website that you host on our servers as part of the Templates service.

You agree to indemnify and hold harmless Layer Avenue, its Authorized Dealers and suppliers from and against any liability, loss, claims, damages and expenses (including but not limited to attorneys' fees) arising from or related to your use of the website hosted on our servers, including the purchase or sale of your products and/or services.

Warranties

The Templates are set up and made available to users in "as is" basis and with all errors it may contain. Layer Avenue does not guarantee the Templates are error free, completely secure or operate without interruption. However, Layer Avenue will make all necessary effort to correct those errors for the proper performance of the Template without charging any additional fee for those actions.

If a failure occurs by misuse of the service, because of not permitted programming codes handling or negligence, Layer Avenue is not responsible for any errors presented and may charge additional services to correct those errors.

Void where prohibited

LAYER AVENUE manages and operates the website www.layeravenue.com from their locations in Valencia-Venezuela, Miami/Chicago-USA and Madrid-Spain. 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.

(2010-2020) Encore Venezuela, S.A. and Encore Universal LLC. All rights reserved.
Updated by the Legal Department on Nov 26, 2016.