Effective Date: April 2, 2012
Last Updated: April 2, 2012
Thank you for visiting the Lydali, LLC (“Lydali”) website. This website is owned and operated by Lydali, LLC, ("we," "us," or "the Company").
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Notice—Lydali may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Lydali.
Use of Site
This website may only be used by individuals and entities who can form legally binding contracts under applicable law. No person under the age of 18 may use this website without the permission and supervision of a parent or legal guardian. Your use of this website will be deemed to be a representation that you are 18 years of age or older or using this website with the permission of your parent or legal guardian.
Creating an Account—You may create your own account by completing the online registration process on this website. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. It is particularly important to keep the email address associated with your account current because, although you may be able to log into this website using an old email address, you will not be able to receive messages from us.
Following registration, we will create an account for you and assign you, or allow you to select, a password. You must keep your password confidential. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of this website if we believe that your password is being used without your permission or otherwise in a manner that may disrupt this website.
You will not submit any material which contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Lydali website or any connected network, or otherwise interferes with any person’s or entity’s use or enjoyment of the Lydali website.
Typographical Errors—In the event that a Lydali product is mistakenly listed at an incorrect price, Lydali reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Lydali reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Lydali shall issue a credit to your credit card account in the amount of the incorrect price.
Limitation of Warranty
The information on the website is provided “as is” and without warranties of any kind, either expressed or implied, including all warranties of merchantability and fitness for a particular purpose. Lydali makes no representations or warranties about the accuracy, completeness, or suitability of any of the material on this website. Lydali makes no warranty that the website will be available, uninterrupted, error-free, or free of viruses or other harmful components. Lydali further makes no warranty that you will achieve successful results from following any instructions or directions on the website.
Third-Party Links—The foregoing also applies to any information in any websites hyperlinked to this website. Such links are provided for your reference only. Lydali does not control such third party sites and is not responsible for the content of or any products or services offered on those sites. Third-party sites have separate privacy and data collection practices, independent of Lydali. The material could contain inaccuracies or be outdated. Linked sites are only for your convenience and therefore you access them at your own risk.
Limitation of Liability and Damages
In no event will Lydali be liable to any person for any damages of any kind, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising out of or in connection with the website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Lydali, or representatives thereof, are advised of the possibility of such damages, losses or expenses. You fully assume all risk and responsibility for your use of the content of this website and all products sold thereon. Certain state laws do not permit limitations on implied warranties or exclusions on warranties, so the above limitations may not apply to you and you may have additional rights.
You agree to indemnify, defend, and hold harmless Lydali, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
User Submissions & Responsibilities
You will not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law or seek to exploit or harm children. You are solely responsible for any material you submit to us. You represent and warrant that you own or otherwise have rights to use the Submitted Information; that the same is accurate; and that use of the Submitted Information will not cause injury to any person or entity.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Lydali or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer—Lydali does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Lydali is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Lydali reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another, or (d) offensive or otherwise unacceptable to Lydali in its sole discretion.
You grant Lydali a royalty-free, perpetual, irrevocable, and fully sublicensable right to use such Submitted Information throughout the world in any media for any purpose. You further grant Lydali [and our sublicensees] the right to use the name that you submit with the Submitted Information. You waive any rights you may have in modifications or alterations to your Submitted Information. In addition, you hereby waive all moral rights you may have in the Submitted Information.
If you believe that any Submitted Information has been used on the website in a manner that violates an intellectual property right or other proprietary right, please contact us at firstname.lastname@example.org.
Our Intellectual Property
Copyright—The entire content included in this site, including but not limited to text, graphics, images, illustrations, photographs, text, video, or code is copyrighted under the United States and other countries’ copyright laws, and is the property of Lydali. The collective work includes works that are licensed to Lydali. Copyright 2012, Lydali ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Lydali or purchasing Lydali products.
You may display portions of the material from this site solely for your own non-commercial use. In addition, subject to any expressly stated restrictions or limitations relating to specific material, you may download or print portions of this site solely for your own non-commercial use or to place an order with Lydali. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Lydali. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks—All trademarks, service marks, trade dress and trade names of Lydali used in the site are trademarks or registered trademarks of Lydali.
Termination of this Agreement—The provisions relating to Copyrights and Trademark shall survive Lydali’s termination of a user’s account and usage privileges.
Severability—Should any provision of this Agreement be held by a court of law to be illegal, invalid, or unenforceable, the legality, validity and enforcement of the remaining provisions of this Agreement shall not be affected or impaired.
Applicable Law and Legal Claims—Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Lydali products) shall be in the state or federal courts located in San Francisco, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Lydali products) must be commenced within one (1) year after the claim or cause of action arises. Lydali's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Lydali may assign its rights and duties under this Agreement to any party at any time without notice to you.
Usage Analysis—Through your usage of the website, you may submit and/or Lydali may gather and track your page views, how you came to visit the site, and length of time viewing pages. Lydali is free to use such information for internal studies and analysis.