By using our Services, you are agreeing to these terms and conditions. Please read them carefully.
The following terms and conditions (“Terms and Conditions”) provide for terms that are common to the Client Master www.getlayup.com web site ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). An Authorized User means any Customer employee, contractor, agent or any other individual authorized by Customer to access and use the Services, via Customer’s purchased subscriptions, for the purpose specified herein. You are responsible for Authorized Users’ compliance with this Agreement.
Violation of any of the terms below will result in the termination of your account. While CEL prohibits conduct and content on the service, you understand and agree that CEL cannot be responsible for the content posted on the service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by a single person - a single login shared by multiple people is not permitted unless rolling licenses have been specifically granted within your agreement.
- You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. CEL cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- CEL will be entitled to terminate this Agreement by giving a 30 day written notice if you neglect to pay the fees or if you utilize Layup in violation of the Licensing Agreement or in violation of the laws of Sri Lanka copyright law or intellectual property rights law.
- Client is entitled to terminate this agreement with immediate effect if CEL neglects to provide Client access to CEL and/or fails to meet the service levels stated in the agreement for a period of 14 business days following Client notice in writing demanding CEL to perform its obligations under this Agreement. CEL will not be liable for any damages or losses whatsoever, nor be liable to pay economic compensation to Client nor its customers due to early termination of the Agreement. Provided however, CEL shall be liable for and shall indemnify Client against all losses, expenses or claims in respect of loss of or damage to physical property or of death or personal injury occurring as a result of the gross negligent or willful default of CEL up to a maximum limit equivalent to the fees paid or payable from client to CEL in the preceding year. CEL shall not be entitled to any damages or losses whatsoever if client uses its rights as specified within agreement.
- Both Client and CEL are entitled to terminate this Agreement with immediate effect if:
- the other Party has fundamentally neglected its obligations under the agreement and has not, within 30 days of a written demand for correction, or
- the other Party is expected to declare bankruptcy, commence reconstruction or composition, cancel payments or in any other way be regarded as insolvent or having substantial difficulties to effect payments.
Content and Personal Data
- You own all content inputted by you and authorized users for the purpose of using the Services (“Content”) and you are solely responsible for the legality, reliability, integrity, accuracy and quality of the content. CEL may suspend or terminate use of services and this agreement immediately upon receipt of any notice, which alleges that you and/or authorized user has used services for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. You hereby acknowledge and agree that our performance of this agreement requires that we process, transmit and store personal data under your documented instructions.
- You hereby also acknowledge and agree that we process data related to your employees that is collected and used by us, as well as connection data created through the use and operation of the Services, in order to administer or manage our delivery of services, or your account, for our business purposes. Such data may include personal data and information about the contractual commitments between us and you, whether collected at the time of the initial registration or thereafter in connection with the delivery, management or administration of services, including billing and collecting of payments. You hereby acknowledge and agree that we also process personal data that we collect, when you submit a request for support services or other troubleshooting, including information about the service, your portal and other details related to the support incident, such as authentication information, information about the condition of the Services, and error-tracking files. We process such personal data in order to respond to the request and solve the problem eventually reported.
- We shall process the aforementioned personal data for our own business purposes for as long as it is necessary in relation to the purposes stated above, namely for the duration of agreement and until collection of the payments, unless processing is necessary for compliance with a legal obligation by mandatory statutory law or for the establishment, exercise or defense of legal claims.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the service. Your profile and materials uploaded remain yours.
- CEL does not pre-screen Content, but CEL and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the service.
- Inappropriate content is considered the posting, uploading, sharing, submitting, or otherwise providing content that: a) Infringes CEL’s or a third party’s intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right b) You don’t have the right to submit c) Is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic indecent, harassing, hateful; encourages illegal or tortious conduct or that is otherwise inappropriate. d) Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition e) Contains viruses, bots, worms, scripting exploits, or other similar materials f) Is intended to be inflammatory g) Could otherwise cause damage to CEL or any third party
- You agree not to perform misrepresentation of yourself, or disguising the origin of any content (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with CEL or any third party).
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by CEL.
- You agree not to violate the privacy of others, including publishing or posting other people's private and confidential information without their express permission, or collecting or gathering other people’s personal information (including account names or information) from CEL.
- We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- CEL won’t allow: (a) Compromising the integrity of our systems. This could include probing, scanning, or testing the vulnerability of any system or network that hosts our services. (b) Tampering with, reverse-engineering, or hacking our services, circumventing any security or authentication measures, or attempting to gain unauthorized access to the services, related systems, networks, or data. (c) Modifying, disabling, or compromising the integrity or performance of the services or related systems, network or data.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not use meta-tags or any other “hidden text” including CEL’s or our suppliers’ product names or trademarks.
- You expressly understand and agree that Layup shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; (e) or any other matter relating to the service.
- The failure of CEL to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and CEL and govern your use of the service, superseding any prior agreements between you and Layup (including, but not limited to, any prior versions of the Terms of Service).
- CEL (in its sole discretion) determines that a user has violated these Terms of Service.
- Questions about the Terms of Service should be sent to: email@example.com