We welcome you to LAYA Platform and thank you for your interest in these Terms and Conditions (these “Terms”). These Terms apply between you, the User of this website (www.layaplatform.com) and LAYA Platform of Dallas, Texas - United States (“LAYA Platform”, “we”, “us” or “our”) the operator(s) of this website.
Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of our website. If you do not agree to be bound by these Terms, you should stop using our website immediately.
1. Intellectual Property
1.1. All Content included on our website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of LAYA Platform, our affiliates or other relevant third parties. By continuing to use our website you acknowledge that such material is protected by applicable United States and International intellectual property and other relevant laws.
1.2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from our website unless otherwise indicated on our website or unless given express written permission to do so by LAYA Platform.
2. Information provided on our website
2.1. The information contained and accessed on our website is provided by LAYA Platform for general guidance and is intended to offer the user general information of interest solely to provide general guidance on matters of interest for the personal use of the reader, who accepts full responsibility for its use.
2.2. The information provided is not intended to replace or serve as substitute for any professional advice, consultation, or service.
2.3. LAYA Platform does not accept any liability or guarantee for the topicality, correctness and completeness of the information provided on our website.
2.4. LAYA Platform reserves the right to change, supplement or delete parts of the pages or the entire website without separate announcement or to discontinue the publication temporarily or permanently.
2.5. All data is published conscientiously but without guarantee. Errors in the content will be corrected immediately upon being brought to our attention. All rights, including those of reprinting extracts, photomechanical reproduction, and translation, are reserved and require the written consent of LAYA Platform. Unauthorized use, even of extracts, will be prosecuted.
2.6. Liability claims against LAYA Platform, which refer to material or non-material damages, which have been caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are fundamentally excluded, provided that there is no demonstrable intentional or grossly negligent fault on the part of LAYA Platform.
3.2. You agree that, if you have provided LAYA Platform with personal data relating to a third party:
3.2.1. you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to LAYA Platform; and
3.3. You agree to indemnify LAYA Platform in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.
4. Acceptable Use
4.1. You agree not to use our website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use our website or Services in any way that could damage our website, Services, or general business of LAYA Platform.
4.2. You further agree not to use our website or Services:
4.2.1. To harass, abuse, or threaten others or otherwise violate any person's legal rights.
4.2.2. To violate any of our intellectual property rights or any third party.
4.2.3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
4.2.4. To perpetrate any fraud.
4.2.5. To publish or distribute any obscene or defamatory material.
4.2.6. To publish or distribute any material that incites violence, hate, or discrimination towards any group.
4.2.7. To unlawfully gather information about others.
5. Compliance and Complaints
5.1. We do not have any obligation to censor or review any of your Submissions, to censor or review any Third-Party Content, or to monitor use of our website. However, you agree that we may, without notice or liability, disclose to third parties any of your information or your Submissions; monitor use of our website; and monitor, review, and retain your Submissions if we believe in good faith that such activity is reasonably necessary to provide our website to users, monitor adherence to or enforce these Terms, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect us or others.
5.2. If we receive a complaint relating to your use of our website, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend, or terminate any service involved, and/or remove your Submissions from our servers.
6.1. LAYA Platform makes no warranty or representation that our website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
6.2. No part of our website is intended to constitute advice and the Content of our website should not be relied upon when making any decisions or taking any action of any kind.
6.3. LAYA Platform uses affiliate programs to help support and monetize our website, which means that when you click on links to various merchant sites that we feature on our pages and make a purchase, this can result in a commission that is credited to our website. LAYA Platform assumes no liability for products purchased.
7. Availability of our website
7.1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
7.2. LAYA Platform accepts no liability for any disruption or non-availability of our website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
We may, in our sole discretion, suspend, restrict or terminate your use of our website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of our website or our or any third party's equipment or network is impaired by your use of our website; we have received a third party complaint which relates to your use or misuse of our website; or you have been or are in breach of any term or condition of these Terms. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise, or information, of any suspension, restriction, or termination of your access to our website.
9. Limitation of Liability
9.1. To the maximum extent permitted by law, LAYA Platform accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages arising from the use of our website, or any information contained therein. Users should be aware that they use our website and its Content at their own risk.
9.2. Nothing in these Terms excludes or restricts LAYA Platform’s liability for death or personal injury resulting from any negligence or fraud on the part of LAYA Platform.
10. No Waiver
In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
11. Spam Policy
You are strictly prohibited from using our website or any of our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
You agree that no joint venture, partnership, fiduciary, employment, or agency relationship exists between us and you as a result of these Terms or use of our website.
13. Reverse engineering and security
You agree not to undertake any of the following actions:
13.1. Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on our website or Services.
13.2. Violate the security of our website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.
14. Previous Terms and Conditions
In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail unless it is expressly stated otherwise.
All notices shall be given to us by e-mail using email@example.com. Such notice will be deemed received, the day of sending if the contact request is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Every effort has been made to ensure that these Terms adhere strictly with the relevant provisions of the UCC. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining terms and conditions.
17. Law and Jurisdiction
These Terms and the relationship between you and LAYA Platform shall be governed by and construed in accordance with the Law of the State of Texas and LAYA Platform and you agree to submit to the exclusive jurisdiction of the Courts of Dallas.
At LAYA Platform we are committed to protecting your Personal Information and to providing clear and transparent disclosures about the types of information we collect and how we use it. When you visit our website at www.layaplatform.com, cookies may be used to collect information that distinguishes you from other users.
Who we are and how to contact us
We are LAYA Platform of Dallas, Texas - United States, and in the case of your direct use of our website or our services, we act as the data controller in accordance with the EU`s Privacy and Electronic Communications Regulations (“PECR”) and General Data Protection Regulation (“GDPR”).
If you have any questions about Cookies or about data protection in general, you can reach us at firstname.lastname@example.org or per WhatsApp on +1 (888) 851‑0707.
What is a cookie?
A cookie is a text file or software element that records information about your device's navigation on the Internet. It is controlled by your browser and sometimes contains a unique number or a random number.
A cookie allows us or our partners, as creators of cookies, to recognize your device during the period of its validity when it accesses digital content that contains cookies from the same creator.
We are always looking for new ways to improve our website and provide better content and experiences to you.
Consequently, we and our partners use different types of cookies (as described below). In the case of some cookie categories, your consent is required and obtained through our Cookie Pop Up before the cookie is placed on your device or read. In any case, you always have control over cookies and can refuse, allow, or delete cookies.
How can I manage cookies?
a) Browser control
b) Pop-Up Consent Tool
You may, regardless of your original choice, from time to time withdraw your consent or adjust your settings using the Browser control settings, clearing your cookie folder or by changing your preferences in our Pop-Up Consent Tool.
What types of cookies do we use?
A cookie can be classified in different ways.
According to its lifetime, a cookie is either a:
· Session cookie, which is deleted when you close your browser.
· Persistent cookie, which remains on your device for a predefined period of time, according to the specific cookie’s lifespan.
Given the domain to which they belong, they are either:
· First-party cookies, which are set by the web server of the visited site and have the same domain, in this case layaplatform.com.
Apart from these characteristics Cookie can be classified in terms of how they work:
· The least privacy invasive type of cookies are Essential or Necessary cookies. These cookies are essential or necessary to ensure that a website works properly and is secure so that you can navigate a website and use its features. Without these cookies, certain features of a website would not function, and thus you would not be able to use certain services. They are strictly necessary for your navigation, consequently they do not require your prior consent. These cookies are NOT managed by our Pop-Up Consent Tool.
· There are also Functional cookies or sometimes called convenience cookies. These cookies allow a website to remember the options a user has made (including user ID`s stored, consents given, or languages selected) and other personalization options you have selected when browsing. You are free to accept or reject them, but if they are blocked, there is a possibility that the service choice you previously made will not be saved.
· Further there are also Analysis and performance cookies, which are used to monitor and improve the function and service of a website. Those can track down problems when using a website, facilitate online surveys, record visitor numbers, and provide analytics metrics. You are free to accept or reject them, but if they are blocked, less information will be available to us to improve the performance of its website.
· Lastly, advertising cookies or targeting cookies. They are used to deliver customized advertising to the user. This can be very convenient, but also very annoying. The use of these cookies requires your prior consent.
The Cookies used on our website
Below you can find the cookies we use listed in accordance with their Name, Description, Lifespan, and Type. Please keep in mind that this list may be updated from time to time.
o This is a session cookie used for optimizing the speed and performance of the website.
o This cookie is set by the web hosting provider GoDaddy. This is a persistent cookie used for monitoring the website usage performance.
o 1 year
o This cookie is set by the web hosting provider GoDaddy. This is a persistent cookie used for monitoring the website usage performance.
o 30 minutes
o The __gads cookie, set by Google, is stored under DoubleClick domain and tracks the number of times users see an advert, measures the success of the campaign and calculates its revenue. This cookie can only be read from the domain they are set on and will not track any data while browsing through other sites.
o 1 year 24 days
o Google Ads Service uses this cookie to collect information about from multiple websites for retargeting ads.
o 1 year 24 days
o The test_cookie is set by doubleclick.net and is used to determine if the user's browser supports cookies.
o 15 minutes
In contrast to Google Ads (formerly: Google AdWords), you cannot place advertisements yourself. Google AdSense displays advertisements on websites, such as ours. The biggest advantage of this advertising service compared to some others is that Google AdSense only shows you ads that match our content. Google has its own algorithm that calculates which ads you will see. Google checks which advertisements are suitable for our website and for our users on the basis of your interests or your user behavior.
At this point, we would like to mention that we are not responsible for the selection of the advertisements and only offer the advertising space with our website. The selection of the displayed advertising is made by Google.
In order for Google AdSense to display customized advertising tailored to you, cookies are used, among other things. In AdSense, cookies are intended to enable better advertising. The cookies do not contain any Personal Information. However, it should be noted that Google considers data such as "pseudonymous cookie IDs" (name or other identifier is replaced by a pseudonym) or IP addresses as non-personally identifiable information. However, under the GDPR, these data may be considered Personal Information.
Does this policy change?
Who should I contact for more information?