MyLayar.com

Terms

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE YOU USE THE mylayar.com SERVICE ("SERVICE"). THESE TERMS GOVERN YOUR CONTRIBUTION OF CONTENT TO mylayar.com ("mylayar.com") AND, WHERE APPLICABLE, YOUR USE OF mylayar.com's UPLOADING SOFTWARE ("SOFTWARE") AND THESE TERMS GOVERN YOUR RIGHTS, OBLIGATIONS AND LIABILITIES THAT ARISE OUT OF YOUR USE OF THE SERVICE (INCLUDING YOUR UPLOADING OF CONTENT TO THE SERVICE, WHERE APPLICABLE) AND THE SOFTWARE.
IF YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS PLEASE CLICK ON THE "I ACCEPT" BUTTON. IF YOU DO NOT CLICK ON THE "I ACCEPT" BUTTON OR IF YOU CLICK ON THE "REJECT" BUTTON THEN YOU HAVE NO RIGHTS TO USE THE SERVICE (OR UPLOAD YOUR CONTENT) OR TO USE THE SOFTWARE.

If you have any questions about the following privacy terms, please contact us.

Contracting Parties

These Terms form a legally binding contract between mylayar.com (or "we" or "us") and you.

Updates to these Terms

mylayar.com may make changes to these Terms from time to time as we think fit in our absolute discretion. If we decide to change these Terms we will send notice to you at your email address as registered with us. You must accept or reject the revised terms within five days from the date that the notice is sent to you by email. If you fail to accept or reject the revised terms within the five day period then you will be deemed to have accepted and be bound by the new version of these Terms. If you do not wish to be bound by the new Terms you must reject them. If you reject the new Terms you automatically terminate the agreement with mylayar.com and your entitlement to use the Service (including contributing) and/or the Software.

Use of the Service and the Software

3.1

In order to be eligible to use certain aspects of the Service and/or the Software you must register with mylayar.com and create a user account ("User Account").

3.2

Only once you have registered your details and you have successfully created your User Account will you be entitled to use certain aspects of the Service and, if appropriate, the Software in accordance with these Terms.

3.3

You may not apply for or create more than one User Account without mylayar.com's prior written approval.

3.4

Your right to access your User Account and thereby use certain aspects of use the Service and/or the Software is subject to mylayar.com's prior approval, which mylayar.com gives by allowing you successfully to create your User Account.

3.5

mylayar.com reserves the right to refuse to allow you to use the Service and/or the Software at any time in its sole discretion without assigning any reason for that decision and without incurring any liability to you.

3.6

mylayar.com may at any time withdraw, suspend, limit terminate or alter all or any part of the Service and Software including any content comprised in or accessible throughout the same in its sole discretion and without assigning any reason for that decision and without incurring any liability to you.

Using the Service

4.1

The Service and all content, information and graphic representations included within the Service, including but not limited to, text, graphics, photos, logos, button icons, images, music, audio and audio visual content, digital downloads, databases, data compilations, data and software ("Content") are owned by or licensed to mylayar.com or its content suppliers. All Intellectual Property Rights in the Content are the sole and exclusive property of mylayar.com, its licensors or content suppliers. You shall not remove, amend or otherwise interfere with any copyright or other proprietary notices relating to the Content which are included in, on or around any of the Content. Your rights to use the Content are exhaustively set out in Section 4.2 below and you acquire no other rights in the same whatsoever.

4.2

You may view the content of the Service on your computer screen and print the same on your printer for your personal and non-commercial use only. You warrant that it is legal for you to view the Content in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.

4.3

Without mylayar.com's written consent, you may not use, transfer, copy or otherwise reproduce or modify any part of the Content, the Service or their source HTML code in whole or in part in any form or by any means, electronic, mechanical or otherwise except for the sole purpose of viewing their content. This includes electronic reproduction by uploading or downloading and any means of communicating them to members of the public.

4.4

For the purposes of these Terms "Intellectual Property Rights" means all intellectual property rights of any nature whatsoever throughout the world and for the full duration of any and all intellectual property protection afforded to the same including, without limitation, all: patents, registered trade marks, service marks, copyright, designs and any and all applications for registration of any of the same wheresoever made; and all unregistered trade marks, service marks, designs, design right and copyright; and databases, know how, trade secrets and confidential information howsoever arising; and computer software and any right or interest in any of the foregoing.

Using the Software

5.1

The Software is owned by or licensed to mylayar.com or its software suppliers. All Intellectual Property Rights in the Software are the sole and exclusive property of mylayar.com or such suppliers. Your rights to use the Software are exhaustively set out in Section 5.2 below and you acquire no other rights in the same whatsoever.

5.2

Once you have registered your details with us and successfully created your User Account, you may use the Software for the purpose of transmitting your User Content to mylayar.com for use by mylayar.com as a part of the Service and otherwise in accordance with the licence set out below. You may use the Software only in accordance with any instructions applicable to it (which you can find on the relevant service pages).

5.3

You may not use the Software for any reason other than that set out in Section 5.2. In particular, but without limiting the foregoing, you may not:

5.3.1	use the Software to transmit any content other than the User Content to mylayar.com or to anyone else;
5.3.2	use the Software to transmit the User Content to anyone other than mylayar.com (without the permission of mylayar.com);
5.3.3	sell or otherwise distribute any part of the Software;
5.3.4	modify, adapt, translate or reverse engineer any part of the Software;
5.3.5	attempt to breach any security mechanisms or to access, tamper with or use any unauthorised parts of the Software;
5.36	transmit any Unacceptable Material to or via the Software;
5.3.7	use the Software for any illegal, unlawful, harassing, abusive or fraudulent purpose;
5.3.8	use the Software for any commercial purpose.

User Content - Use by mylayar.com

6.1

Any content that you may provide to mylayar.com using the Software via your User Account, including without limitation any and all text, points of interest (POIs) graphics, photos, images, music, audio and audio content, software and all information accompanying the same or provided by you in connection with the same (including metadata and hypertext links), is referred to in these Terms as "User Content".

6.2

By uploading, sending or otherwise making available your User Content to mylayar.com, you are authorising mylayar.com to, and granting mylayar.com a royalty-free, non-exclusive right and license to Exploit the User Content which shall include the right to:

6.2.1	host the User Content on mylayar.com’s servers;
6.2.2	index the User Content;
6.2.3	display, perform, distribute the User Content and communicate the User Content to the public, in whole or in part throughout the world

in connection with the Service and with other mylayar.com products and services now existing or hereafter developed, including without limitation for syndication on third party sites. Furthermore, mylayar.com is granted the right to display your User Content via streaming and/or downloading technologies, and to display limited excerpts of your User Content for no fee to mylayar.com's end users. mylayar.com may incorporate links in and around your User Content and mylayar.com reserves the right to display advertisements within, around or in connection with any display of your User Content.

6.3

For the purposes of Section 6.1 the term "Exploit" means: host, cache, route, transmit, store, copy, modify, distribute, communicate to the public, perform, display, reformat, excerpt, facilitate the sale or lend copies of.

6.4

mylayar.com is not required to Exploit any User Content uploaded or otherwise provided to mylayar.com, and may remove or refuse to undertake any act comprised within the definition of the term Exploit in relation to your User Content. As between You and mylayar.com, mylayar.com is not responsible for any loss, theft, Intellectual Property Rights infringement or damage of any kind to the User Content.

User Content - Restrictions

7.1

You take sole responsibility for the User Content that you provide to mylayar.com.

7.2

You will ensure that no User Content provided by you infringes or is otherwise contrary to mylayar.com's taste and decency requirements. In particular, but without limiting the foregoing, you will not provide mylayar.com with any User Content, nor otherwise use the Software to transmit content that is:

7.2.1	offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
7.2.2	harasses or promotes or enables harassment of another person;
7.2.3	involves, promotes, enables or facilitates the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
7.2.4	comprises or promotes information that you know to be false or misleading;
7.2.5	involves, promotes, enables or facilitates illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
7.2.6	which infringes any rights including the Intellectual Property Rights of any third party (such as but not limited to images of well known characters, pictures, music, commercial recordings) or which results in the disclosure of personal information of a third party or the confidential information of any person;
7.2.7	comprises, promotes, enables or facilitates an illegal or unauthorised copy of another person's copyrighted work, such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
7.2.8	contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
7.2.9	comprises, promotes, enables or facilitates access to material that exploits people in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
7.2.10	comprises, promotes, enables or facilitates access to instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, breaching someone's privacy, or providing or creating computer viruses;
7.2.11	solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
7.2.12	involves, promoted, enables or facilitates commercial activities and/or sales without mylayar.com's prior written consent such as auctions, contests, sweepstakes, barter, advertising, or pyramid schemes.

User Content - Rights

8.1

You acknowledge that you are solely responsible for ensuring that you hold (i) all of the rights that you need to have in order to enable mylayar.com to transmit the User Content and (ii) the licences that are described in Section 6 above.

8.2

By providing your User Content to mylayar.com via your User Account, you represent and warrant to mylayar.com that:

8.2.1	you are at least 18 years of age;
8.2.2	all of the information provided by you to mylayar.com is correct and current;
8.2.3	you hold and will continue to hold the necessary rights, including but not limited to all Intellectual Property Rights that you require in order to provide the User Content to mylayar.com and to grant the rights granted in these Terms; and
8.2.4	you have the legal right and authority to enter into the agreement reflected in these Terms ("Agreement"), to perform the acts required of you under that Agreement, and to grant the rights and licences described in these Terms.

8.3

You further represent and warrant that the User Content and the rights and licences granted to mylayar.com under these Terms (including the public display, public performance, communication to the public, distribution and reproduction of your User Content by mylayar.com) do not and will not:

8.3.1	violate any applicable law, statute or regulation; and
8.3.2	breach any duty toward or rights of any person or entity including, without limitation, Intellectual Property Rights, publicity or privacy, or rights or duties under consumer protection, product liability, tort or contract theories.

Responsibility and Indemnity

9.1

You acknowledge and accept that mylayar.com has the right but not the obligation to monitor and to moderate your User Content provided by you via your User Account to mylayar.com and that mylayar.com has the right to remove, edit and suspend any User Content that it considers in its absolute discretion to be inappropriate and in appropriate case to provide copies of your User Content to the police and to any other law enforcement body. You also accept however, that mylayar.com has no obligation to monitor or moderate any of your User Content and its right to do so should not in any respect be regarded as a substitute for your obligations under these Terms.

9.2

You agree to indemnify, defend and hold mylayar.com and mylayar.com's directors, officers, licensors, licensees and consultant ("Indemnified Parties") harmless from and against any and all Liabilities that may arise directly or indirectly from or in relation to your User Content, your use of your User Account, the Software and/or the Service or mylayar.com's use of your User Content as envisaged under these Terms including in exercising its rights under Section 9.1 above.

9.3

For the purpose of Section 9.2 "Liabilities" means all costs and expenses, losses, damages and adverse effects resulting from any and all allegations, claims, judgements, causes of action, liabilities, obligations, damages, deficiencies, penalties, interest and expenses (including the reasonable fees and expenses of solicitors and other professionals and specialists).

10.

Privacy and Data Protection

10.1

At mylayar.com we understand that your privacy is important to you. With that in mind, mylayar.com adheres to the Data Protection Act 1998 ("Act") and you acknowledge, understand and agree that mylayar.com may use any personal information that you provide to mylayar.com about yourself ("Personal Information") in accordance with mylayar.com's privacy terms, which are as follows:

10.1.1

10.1.2

Your Information: how we collect and use it

(a)

Depending on the circumstances we may collect the following types of information:

(i)	Information you provide - When you sign up for a User Account or other service or promotion that requires registration, we ask you for personal information (such as your name, email address and an account password). We may use it and combine this information with information from other mylayar.com services or third parties to provide you with a better experience and to improve our services. For certain services, we may give you the opportunity to opt out of combining such information. This website partners with third party online advertising companies to deliver advertisements on this site. These companies use cookies and similar technologies to collect information such as behavioral, demographic, geographic information to server targeted ads that are likely to be more relevant to your interests. To learn more about this practice, or to opt-out of [personalized \| targeted \| behavioral] advertising, click here to go to the Network Advertising Initiative Opt-Out, a central location for information about Internet advertising and the choices available to you. Mylayar.com Limited believes that providing relevant advertising improves your online experience, but must be done in a trustworthy manner.
(ii)	User Trends / mylayar.com Cookies - When you visit our website, our server logs your IP address, the time and duration of your visit, and the time and duration of the pages on our website that you view. This information is collected solely to improve the services we offer to you and for our internal statistical purposes to measure interest in our web pages and is not used to identify individuals. We may also use "cookies" to enable you to sign back in to your User Account quickly and easily and/or to help personalise your online experience. A cookie is a small text file that is placed on your hard disk by a web page server. Cookies contain information that we can read when you revisit us. Cookies cannot be used to run programs or deliver viruses to your computer. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser to decline cookies. If you choose to decline cookies, you may not be able to take advantage of some website features that may depend on cookies.
(iii)	User communications - When you send email or other communication to mylayar.com, we may retain those communications in order to process your enquiries and to improve our services.
(iv)	Affiliated sites - We may from time to time offer some of our services in connection with other service providers. Personal information that you provide to those other service providers may be sent to mylayar.com in order to deliver those services. We will process such information in accordance with these privacy terms. The other service providers may have different privacy practices and we encourage you to read their privacy policies.
(v)	Links - mylayar.com may present links to third party websites. These other sites may handle your information differently.

(b)

In addition to processing your information for the purposes described above mylayar.com may also process it to maintain its network and develop new services.

10.1.3

Choices for personal information

(a)	If we use your personal information for a different purpose than that for which it was collected, we will ask for your consent.
(b)	We will not collect or use sensitive personal information unless we have obtained your specific consent.
(c)	You can decline to submit personal information to us or require us to cease processing it but in that case mylayar.com may not be able to provide its services to you.

10.1.4

Information sharing

(a)

mylayar.com only shares personal information with third party companies or individuals in the following circumstances:

(i)	with your consent;
(ii)	where such information is provided to our subsidiaries, affiliated companies or other trusted businesses or persons for processing on our behalf, and only where they agree to process it in accordance with our instructions and the Act;
(iii)	where we believe in good faith that the processing of such information is necessary to (i) comply with law, regulation or governmental request, (ii) enforce our terms and conditions of use, including the investigation of potential violations of those terms and conditions, or (iii) deal with fraud, security or technical issues, or (iv) enable mylayar.com to provide its services; and
(iv)	where disclosure of your Personal Information to third parties is required in order to enable and facilitate your registration for and use of the Service and/or Software.

(b)

If mylayar.com becomes involved in a merger or acquisition, we will notify you before personal information is transferred.

10.1.5

Information security

We take appropriate security measures to protect against unauthorised access, alteration, disclosure or destruction of personal information. These include reviews of our information collection, storage and processing practices as well as physical security measures. We restrict access to personal information to only those mylayar.com employees, contractors and agents who need it.

10.1.6

Data integrity

We take reasonable steps to ensure that the personal information we process is accurate, but we depend on our users to update their personal information whenever necessary.

10.1.7

Accessing and updating personal information

We will provide you with access to your personal information to update it if it is inaccurate. We will delete your personal information when it is no longer required.

10.1.8

Changes to these privacy terms

Please note that these privacy terms may change from time to time. Each new version of the Terms in which the relevant privacy terms appear, will be identified at the top of the page by their effective date.

10.1.9

Fair Processing Information

(a)	The data controller is mylayar.com (otherwise referred to in these Terms as "mylayar.com").
(b)	The purpose(s) for which the data is to be processed are as set out above.
(c)	We provide above comprehensive information as to how personal information will be processed.

11.

Disclaimer and Liability Limits

11.1

The Service, any copy protection, security features and the Software are provided "as is" with no warranties whatsoever. mylayar.com and its licensors and third-party content and service providers (collectively, "Service Providers") expressly disclaim:

11.1.1

all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, including, without limitation, any warranty of fitness for a particular purpose, warranties of technical efficiency, satisfactory quality, availability, completeness or non-infringement;

11.1.2

any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Service and/or the Software and/or the User Content or in connection with the use, inability to use, or results of the use of any of the same including, without limitation, any liability for:

(a)	loss of income or revenue;
(b)	loss of business;
(c)	loss of profits or contracts;
(d)	loss of anticipated savings;
(e)	loss of data;
(f)	loss of goodwill;
(g)	wasted management or office time; and
(h)	for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

11.2

Notwithstanding anything to the contrary contained herein, mylayar.com's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to amount paid, if any, by you to mylayar.com for the right to use the Service and/or the Software.

11.3

This Section does not affect mylayar.com's liability for death or personal injury arising from mylayar.com's negligence, or mylayar.com's liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

12.

Term and Termination

12.1	mylayar.com shall have the right to terminate your User Account and/or the Agreement forthwith if you are in breach of these Terms or if mylayar.com in its absolute discretion believes at any time that your User Content or your use of the Service or the Software is unsuitable.
12.2	mylayar.com has the right to withdraw or suspend any of the rights and/or licences granted to you pursuant to these Terms and where it deems appropriate mylayar.com shall be entitled to terminate this Agreement immediately upon serving notice on you.
12.3	Upon termination of this Agreement any rights that you have under these Terms will immediately cease and you will immediately cease any attempts to upload your User Content to the Service or to use the Software. In that event mylayar.com will use commercially reasonable efforts to remove your User Content from public display within thirty (30) days from the date on which notice of termination or withdrawal is served on you by mylayar.com.

13.

General

13.1	These Terms, together with any documents or links to other terms referred to in them, constitute the whole agreement between you and mylayar.com and supersedes and extinguishes any prior understandings, agreements or drafts of agreements relating to such subject matter.
13.2	Save as set out in Section 2 above no variation of these Terms shall be effective unless made in writing and signed by each of you and mylayar.com.
13.3	The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
13.4	No breach by either you or mylayar.com of any provision of these Terms shall be waived or discharged except with the express written consent of the other.
13.5	No failure or delay by either you or mylayar.com in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either you or mylayar.com of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
13.6	You and mylayar.com do not intend that any term of these Terms shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to these Terms except by any of the Indemnified Parties.
13.7	These Terms shall be binding on and ensure for the benefit of each party’s successors in title.
13.8	Nothing in these terms shall be construed as constituting a partnership or joint venture between you or mylayar.com and neither of us shall be or hold itself out to be the agent of the other.

14.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with English law and you and mylayar.com hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts as regards any claim or matter arising in relation to these terms.