LIVANNA.COM TERMS OF USE
The following terms of use ("Terms of Use") is an agreement between you, the customer ("Customer"), and Livanna LLC., governing the purchase, or attempted purchase, sale or receipt of any merchandise (collectively, "purchase" or "purchasing") through livanna.com, including any subdomains, any embedded code or objects, and any web services (collectively, "Site").
Hereinafter, Livanna shall mean all subsidiaries, intermediaries and affiliates thereof and all the officers, directors, shareholders, employees and agents thereof.
The purchase, or attempted purchase, sale or receipt of any merchandise from the Site is governed by the Conditions of Sale. If you are under 18, you must let your parent or guardian know about this Terms of Use, the Conditions of Sale and Livanna Privacy Policy before you register to use this Site or any of this Site's services and your parent or guardian must register on your behalf. Any purchases made by a minor will be null and void.
We may modify the Terms of Use from time to time and your continued use of this Site following such change shall signify your agreement to be bound by the modified Terms of Use. Please read the Terms of Use and check back often. If you do not agree to any change to the Terms of Use, then you must immediately stop using the Site.
1. REGISTRATION
To use some of the services or features made available to you on this Site, you will need to register and create an account. You may never use another user's account without permission. When creating your account, you must provide accurate and complete information. You must keep your account password secure and notify Livanna immediately of any breach of security or unauthorized use of your account. Although Livanna will not be liable for your losses caused by any unauthorized use of your account, you may be liable for Livanna losses or others due to such unauthorized use.
2. INTELLECTUAL PROPERTY RIGHTS
Content is defined as all copyright, designs, the "look and feel" of the Site, trademarks, including the trademark LIVANNA, and all other intellectual property rights including software and all HTML and other code contained in or run by this Site and all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, rich media, including Flash and Silverlight, images, sounds, music, video, or audio files on this Site. You acknowledge and agree that all Content shall remain at all times vested in LIvanna and/or are the property of their respective owners. All such Content is protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by LIvanna. Any reproduction or redistribution of Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
3. IMPROPER USE
This Site is for your personal, non-commercial use only. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.
You agree not to collect or harvest any information, including account names, from the Site, nor to use the communication systems provided by the Site for any solicitation purposes. You agree not to solicit, for purposes, any users of the Site with respect to any submissions made by them.
4. RIGHT TO DENY SERVICES
We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, or otherwise violated the Terms of Use, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
5. MISCELLANEOUS
5.1. Complete Terms
The Terms of Use, together with the Conditions of Sale and the Privacy Policy constitute the whole legal agreement between you and Livanna and govern your use of the Site and completely replace any prior agreements between you and LIvanna in relation to the Site. Notwithstanding the foregoing, you understand that Livanna may make changes to the Terms of Use from time to time. When these changes are made, Livanna will make a new copy of the Terms of Use available at the Site. You agree that Livanna is under no obligation to provide you with notices regarding changes to the Terms of Use. You understand that it is your responsibility to check the Terms of Use regularly for changes.
5.2. Modifications to the Site
Livanna is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Site which Livanna provides may change from time to time without prior notice to you. You further acknowledge and agree that Livanna may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally at Livanna´s sole discretion, without prior notice to you.
5.3. Confidentiality
You understand that Livanna grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials ("Indexing Exceptions"). Livanna reserves the right to revoke Indexing Exceptions either generally or in specific cases.
5.4. Liability in the Event of Breach
You agree that you will comply with all of the provisions of the Terms of Use, Conditions of Sale and Privacy Policy. You understand that you are solely responsible for (and that Livanna has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use, Conditions of Sale and Privacy Policy and for the consequences (including any loss or damage which LIvanna may suffer) of any such breach.
5.5. Rights Not Waived
You agree that if Livanna does not exercise or enforce any legal right or remedy which is contained in the Terms of Use (or which Livanna has the benefit of under any applicable law), this will not waive Livanna´s rights and that those rights or remedies remain fully enforceable and available to Livanna.
5.6. Severability
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions of the Terms of Use will continue to be valid and enforceable.
5.7. Governing Law
The Terms of Use, Conditions of Sale and Privacy Policy and your relationship with LIvanna, shall be governed by the laws of the State of Delaware giving effect to the principles of conflict of law thereof. You and Livanna agree to submit to the exclusive jurisdiction of the State and Federal courts in Delaware and waive any claim or defense of forum non conveniens or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise. You agree to waive any right to a jury trial.
5.8. Violation of Terms of Use.
Please report any violations of the Terms of Use by emailing costumerservice@livanna.com
6. LIVANNA.COM CONDITIONS OF SALE
The following conditions of sale ("Conditions of Sale") is an agreement between you, the customer ("Customer"), and Livanna LLC., governing the purchase, or attempted purchase, sale or receipt of any merchandise (collectively, "purchase" or "purchasing") through livanna.com, including any subdomains, any embedded code or objects, and any web services (collectively, "Site"). Hereinafter, Livanna shall mean all subsidiaries, intermediaries and affiliates thereof and all the officers, directors, shareholders, employees and agents thereof.
We may modify these Conditions of Sale at any time, without notice. By your purchase, attempted purchase, sale or receipt of any merchandise from Livanna, you indicate your consent to these Conditions of Sale and hereby agree to be bound by these Conditions of Sale.
7. TERMS OF USE AND PRIVACY POLICY
In order to purchase merchandise from Livanna, you must access and use the Site, which access to and use of is governed by the Terms of Use. You will also be required to submit information, which is governed by Livanna´s Privacy Policy. These Conditions of Sale together with the Terms of Use and the Privacy Policy govern your use of the Site and services provided on the Site.