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ACCEPTANCE OF TERMS

Lavanic.com™ provides the Lavanic.com™ Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.lavanic.com/. By accessing and using the Lavanic.com™ Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Lavanic.com™ owned or operated services, you and Lavanic.com™ shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to the Spam Policy) are hereby incorporated by reference into the TOS. Lavanic.com™ may also offer other services that are governed by different Terms of Service.

DESCRIPTION OF THE SERVICES

Lavanic.com™ provides users with access to a rich collection of resources. You also understand and agree that the Lavanic.com™ Services may include advertisements and that these advertisements are necessary for Lavanic.com™ to provide the Lavanic.com™ Services. You also understand and agree that the Lavanic.com™ Services may include certain communications from Lavanic.com™, such as service announcements, administrative messages and the Lavanic.com™ Newsletter, and that these communications are considered part of Lavanic.com™ membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Lavanic.com™ Services, including the release of new Lavanic.com™ properties, shall be subject to the TOS. You understand and agree that the Lavanic.com™ Services is provided "AS-IS" and that Lavanic.com™ assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. The usage is not associated with any right of an ownership or a right of use.

You understand that the technical processing and transmission of the Lavanic.com™ Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Lavanic.com™ Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Lavanic.com™ Services under the laws of applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Lavanic.com™ Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Lavanic.com™ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lavanic.com™ has the right to suspend or terminate your account and refuse any and all current or future use of the Lavanic.com™ Services (or any portion thereof). Lavanic.com™ is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Lavanic.com™ Services must create a Lavanic.com™ Account. Please remember that the Lavanic.com™ Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Lavanic.com™ Services areas and/or Content (as defined in Section 6 below) are appropriate for your child.

PRIVACY POLICY

Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, read the full Privacy Policy. You understand that through your use of the Lavanic.com™ Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to other countries for storage, processing and use by Lavanic.com™ and its affiliates.

MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Lavanic.com™ Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Lavanic.com™ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Lavanic.com™ cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Lavanic.com™, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Lavanic.com™ Services. Lavanic.com™ does not control the Content posted via the Lavanic.com™ Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Lavanic.com™ Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Lavanic.com™ be liable in any way for any Content, 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 any Content posted, emailed, transmitted or otherwise made available via the Lavanic.com™ Services.

You agree to not use the Lavanic.com™ Services to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a Lavanic.com™ official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Lavanic.com™ Service;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read the Spam Policy);
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Lavanic.com™ Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  10. interfere with or disrupt the Lavanic.com™ Services or servers or networks connected to the Lavanic.com™ Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Lavanic.com™ Services, including using any device, software or routine to bypass our robot exclusion headers;
  11. intentionally or unintentionally violate any applicable local, state, national or international law;
  12. "stalk" or otherwise harass another.

You acknowledge that Lavanic.com™ may or may not pre-screen Content, but that Lavanic.com™ and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Lavanic.com™ Services. Without limiting the foregoing, Lavanic.com™ and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Lavanic.com™ or submitted to Lavanic.com™, including without limitation information in Lavanic.com™ Message Boards and in all other parts of the Lavanic.com™ Services.

You acknowledge, consent and agree that Lavanic.com™ may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Lavanic.com™, its users and the public. You represent and warrant that your account, domain name and/or any other name does not infringe the copyright, trademark, or any other intellectual property rights of any person or company.

You understand that the Lavanic.com™ Services and software embodied within the Lavanic.com™ Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Lavanic.com™ and/or content providers who provide content to the Lavanic.com™ Services. You may not attempt to override or circumvent any of the usage rules embedded into the Lavanic.com™ Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Lavanic.com™ Services, in whole or in part, is strictly prohibited.

NOTE ABOUT THE INTERNATIONALITY OF THE INTERNET

Please note that the Internet made publicly available content, , ie the content that you publish or distribute in connection with the services, is accessible worldwide. . It is your responsibility to ensure that you are not contrary made accessible content may be applicable to foreign law.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICES

Lavanic.com™ does not claim ownership of Content you submit or make available for inclusion on the Lavanic.com™ Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Lavanic.com™ Services, you grant Lavanic.com™ the following worldwide, royalty-free and non-exclusive license(s), as applicable:

  1. With respect to Content you submit or make available for inclusion on publicly accessible areas of Lavanic.com™, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Lavanic.com™ Services solely for the purposes of providing and promoting the specific Lavanic.com™ Service to which such Content was submitted or made available.
  2. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Lavanic.com™ Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Lavanic.com™ Services solely for the purpose for which such Content was submitted or made available.
  3. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Lavanic.com™ Services, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Lavanic.com™ Services are those areas of the Lavanic.com™ network of properties that are intended by Lavanic.com™ to be available to the general public. However, publicly accessible areas of the Lavanic.com™ Services would not include portions of areas that are limited to members.

INDEMNITY

You agree to indemnify and hold Lavanic.com™ and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Lavanic.com™ Services, your use of the Lavanic.com™ Services, your connection to the Lavanic.com™ Services, your violation of the TOS, or your violation of any rights of another.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Lavanic.com™ may establish general practices and limits concerning use of the Lavanic.com™ Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Lavanic.com™ Services, the maximum number of email messages that may be sent from or received by an account on the Lavanic.com™ Services, the maximum size of any email message that may be sent from or received by an account on the Lavanic.com™ Services, the maximum disk space that will be allotted on Lavanic.com™'s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Lavanic.com™ Services in a given period of time. You agree that Lavanic.com™ has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Lavanic.com™ Services. You acknowledge that Lavanic.com™ reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Lavanic.com™ reserves the right to modify these general practices and limits from time to time.

MODIFICATIONS TO SERVICES

Lavanic.com™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Lavanic.com™ Services (or any part thereof) with or without notice. You agree that Lavanic.com™ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Lavanic.com™ Services (or any part thereof).

TERMINATION

You may terminate your Lavanic.com™ account, any associated email address and access to the Lavanic.com™ Services by submitting such termination request to Lavanic.com™.

You agree that Lavanic.com™ may, without prior notice, immediately terminate, limit your access to or suspend your Lavanic.com™ account, any associated email address, and access to the Lavanic.com™ Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Lavanic.com™ Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Lavanic.com™ Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Lavanic.com™'s sole discretion and that Lavanic.com™ shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Lavanic.com™ Services.

Termination of your Lavanic.com™ account includes any or all of the following: (a) removal of access to all or part of the offerings within the Lavanic.com™ Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Lavanic.com™ Services.

LINKS

The Lavanic.com™ Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Lavanic.com™ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Lavanic.com™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Lavanic.com™'S PROPRIETARY RIGHTS

You acknowledge and agree that the Lavanic.com™ Services and any necessary software used in connection with the Lavanic.com™ Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Lavanic.com™ Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Lavanic.com™ or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Lavanic.com™ Services, such Content or the Software, in whole or in part.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE Lavanic.com™ SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Lavanic.com™ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. Lavanic.com™ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE Lavanic.com™ SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE Lavanic.com™ SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Lavanic.com™ SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Lavanic.com™ SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Lavanic.com™ SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Lavanic.com™ OR THROUGH OR FROM THE Lavanic.com™ SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE Lavanic.com™ SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE Lavanic.com™ SERVICE. IMMEDIATELY DISCONTINUE USE OF THE Lavanic.com™ SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE Lavanic.com™ SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Lavanic.com™ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Lavanic.com™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE Lavanic.com™ SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Lavanic.com™ SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE Lavanic.com™ SERVICE.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

NOTICE

Lavanic.com™ may provide you with notices, including those regarding changes to the TOS and Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Lavanic.com™ Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Lavanic.com™ Services in an authorized manner.

TRADEMARK INFORMATION

You agree that all of Lavanic.com™’s trademarks, trade names, service marks and other Lavanic.com™ logos and brand features, and product and service names are trademarks and the property of Lavanic.com™ (the "Lavanic.com™ Marks"). Without Lavanic.com™'s prior permission, you agree not to display or use in any manner the Lavanic.com™ Marks.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Lavanic.com™ respects the intellectual property of others, and we ask our users to do the same. Lavanic.com™ may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Lavanic.com™ with the following information:

  1. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. a description of where the material that you claim is infringing is located on the site;
  3. your address, telephone number, and email address;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and Lavanic.com™ and governs your use of the Lavanic.com™ Services, superseding any prior version of this TOS between you and Lavanic.com™ with respect to the Lavanic.com™ Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Lavanic.com™ services, affiliate services, third-party content or third-party software.

Waiver and Severability of Terms. The failure of Lavanic.com™ to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Lavanic.com™ Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.