Terms of Service
Terms and Conditions
These Terms and Conditions of Service were last updated on the following date: [08th August 2009]This document relates to the following domains owned and operated by Monzonito Unipessoal Lda:Laviators.com
1. Introduction
This Agreement is a legal document which sets out your rights and obligations, and those of Monzonito Unipessoal Lda, a company registered in Portugal under registration no. 04544830 ("Monzonito", "Laviators", "we" or "us"), in relation to this site and the services offered by Laviators through it (the "Laviators Service"). You must take the time to read and understand it. By using our website or registering for the Laviators Service, you agree to the terms of this Agreement. You should be aware that this Agreement may change from time to time in accordance with Clause 26 below.2. Types of membership
People who register for the Laviators Service become "Members" or "Laviators". They must be at least 13 years of age. The Membership divides between those who have paid to be upgraded to the VIP Laviatorship service and thus become a fully subscribed member (which we call "VIP Laviators"), and those who do not ("Standard Laviators").Standard Laviators may:
* Post their name and some other details in the contacts page, profiles page and other editable pages on the Laviators Service; * Send messages to any other Laviators members and / or contacts whose email addresses they know and have themselves added to the Laviators Service manually or by means of a directly incorporated list of email addresses * Receive and send messages throught their Laviators mailbox; * See status messages * Receive our newsletters and emails * Navigate all parts of the Laviators Service * Access to picture and video storage * Post create and post blogs, photos, events, forums, groups, videos and tweets * Use the "Laviators Instant Messenger" service * Use advanced searching tools * Delete their accountIn addition to the facilities available to Standard Laviators, VIP Laviators may: * No Ads * More storage space for photos, videos, events * Choose to be invisible when viewing a profile * See who view their profiles * Block other members * Blog, event, forums, groups, photo albums and videos privacy * Additional Interaction Options including appearing online or offline * Benefit from priority support response from the Laviators Support Team * (including pictures approval) * More profile privacy options * Profile comment privacy * Custom CSS Profiles * Access an additional range of profile skins * Access deals, discounts and competitionsWe reserve the right to make any Standard Member feature a VIP Member Feature, or vice-versa. No VIP Member will be entitled to any refund of Membership fees in such circumstances.We are not an internet service provider; in order to use the Laviators Service, you must have internet access and all the software (and skills) required for email and web usage.3. Important Note: VIP Laviatorship
If you become a VIP Member and pay a Membership fee, you are agreeing to take the Membership subscription we make available to you shortly after that fee is paid. A cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000 does not apply to VIP Laviatorships.If your VIP Laviatorship was purchased via credit/debit card or other online payment method; we will notify Members within 14 days of their membership renewal date (if the Membership fee is going to increase). Each notification will include the date when renewal is to take place, and the Membership fee that will apply for the next period.If you do not wish to proceed with automatic renewal of your VIP Laviatorship, you will be able to prevent this by sending an email to memberships@Laviators.com - provided you do this at least 24 hours before the renewal time referred to in the renewal notice(s) you receive from us.4. Registration
You undertake to register for the Laviators Service using accurate and current information about yourself - including your correct name, email address and any other requested details. During registration, you may select a Laviators Username which will be associated with your Laviators membership. This Username can be used as a method of linking to your profile, as a shortcut for logging into the Laviators Service, and for other uses that we may make available for Usernames. Each Username must be of at least 5 characters in length and only contain simple numbers and the basic 26 characters of the English alphabet (A to Z).We maintain a reserved list of keywords which may not be used as Laviators Usernames. This list is updated from time to time, and accordingly we reserve the right to revoke the use of a Username previously selected by a member. This may be because we feel the Username is inappropriate, or that it is a special keyword which is required for other business uses, or for other reasons; we are under no obligation to disclose to you our reasons for revoking your use of a specific Username. Subject to the above, you may change or update your Username at any time from the Account Settings screen when logged in to your Laviators Membership account.The content of the profile you provide on registration for the Laviators Service, as subsequently amended and added to, will be available to all Members of and visitors to the Laviators Service, unless you specify in the Privacy options for your Laviators Service account that you wish your profile only to be viewable by either Members or friends.The fact that your Laviators profile has been added or updated, as well as a short extract from the title page of your Laviators profile, may be automatically notified to third party tracking websites/weblogs (thus increasing the traffic to the Laviators Service, and potentially to your own Laviators profile). This can also be prevented by specifying (Interaction options within 'Settings') that you wish your profile only to be viewable by either Members or friends. If you do so, this will prevent subsequent notifications to third party tracking websites/weblogs, but notifications prior to the time when you make the change to your profile's Interaction options may continue to appear on those websites/weblogs.Laviators profiles may be searchable through third party web-sites with which we partner - such as sites for which we provide a social network service. Again, if you want to prevent your profile appearing in this kind of search, you can specify that your profile should only be viewable by either Members or friends .5. Website Access
I. Laviators grants you permission to use the Laviators Service as set out in this Agreement, provided that: * You may use the Laviators Service solely for your personal, noncommercial use; * You will not copy or distribute any part of the Laviators Service in any medium without Laviators's prior written authorisation; * You will not alter or modify any part of the Laviators Service other than as may be reasonably necessary to use the Laviators Service for its intended purpose; * You otherwise comply with this Agreement. II. You agree not to use or launch any automated system, including (without limitation) any "robots," "spiders," or "offline readers", that access the Laviators Service in a manner that sends more request messages to the Laviators Service's servers in a given period of time than a human can reasonably produce in that period by using a conventional web browser. Notwithstanding the foregoing, Laviators grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices of the materials, but not caches or archives of such materials. Laviators reserves the right to revoke these exceptions either generally or in specific cases.6. Laviators Credits (Credits)
Laviators Credits are credits that Members can purchase from us ("Purchased Laviators Credits"). Laviators Credits can be used to obtain certain virtual products and services offered by us on the Laviators Service ("Qualifying Laviators Products"), but cannot be used outside the Laviators Service or for products or services offered by third parties.Qualifying Laviators Products may include: * Sending virtual gifts We reserve the right to add to, amend or withdraw products and services from the list of Qualifying Laviators Products. However, we will give at least 28 days notice before withdrawing a Laviators product or service from that list by posting the change in the "Gifts" section of the Laviators Service. If you have Purchased Laviators Credits, and we have not provided a reasonably-acceptable alternative Qualifying Laviators Product to one that is being withdrawn, then (if you make a request in writing for such a refund before the end of the above-mentioned 28-day period) you may obtain a refund of the value of your remaining unexpired Purchased Laviators Credits (pro-rated by deducting the Laviators Credits used to date from the total Laviators Credit value of the originally Purchased Laviators Credits). Your Purchased Laviators Credits will lapse in that event.A current list of Qualifying Laviators Products is available in the "Gifts" section of the Laviators Service.Purchased CreditsAll Purchased Laviators Credits are available for use for no more that 180 days after the date when they are purchased. If you do not use your Purchased Laviators Credits within this period, they will expire. Purchased Laviators Credits are available on a "use it or lose it" basis.If you obtain Purchased Laviators Credits, you and we are agreeing that those Purchased Laviators Credits will be made available to you shortly after you make payment for them. A cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000 does not apply to Purchased Laviators Credits, and therefore.Expiry of Laviators CreditsWe will attempt to contact you via your Laviators Mailbox and/or by email to the email address you have registered with us to warn you of the impending expiration of your Laviators Credits; we will do this approximately 14 days in advance of the expiry of the relevant Laviators Credits.Laviators will not be have any responsibility or liability for the loss of Laviators Credits if this warning contact or email is not received for any reason whatsoever, which may include (but is not limited to): * Your email address having changed * Spam filters * Other technical problems outside our direct control.In respect of Purchased Laviators Credits only: if a Member's use of Laviators is suspended or terminated in accordance with this Agreement, then (if so requested in writing by the relevant Member within 14 days after the suspension of termination) we will refund to the Member any remaining unexpired Purchased Laviators Credits proportionately (pro-rated by deducting the Laviators Credits used to date from the total Laviators Credit value of the originally Purchased Laviators Credits), less an administrative fee of TWO EUROS for transactions made in EUR; TWO DOLLARS for transactions made in USD; or TWO POUNDS for transactions made in GBP. Transactions made in any other currency will incur an administrative fee of 10% of the price originally paid for the Purchased Laviators Credits. The Member's Purchased Laviators Credits will lapse in this event.7. Intellectual Property Rights
The content of the Laviators Service, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks") and all copyright subsisting therein, are owned by or licensed to Laviators, and protected by Portuguese and foreign laws and international conventions. Save for specific User Submissions that you personally have made, as between you and Laviators all intellectual property rights subsisting in and in relation to User Submissions (including, without limitation, compilations of User Submissions) are owned by Laviators. You agree not to circumvent, disable or otherwise interfere with security related features of the Laviators Service or features that prevent or restrict use or copying of any Content.8. User Submissions
(i) The Laviators Service may now or in the future permit the submission of videos, music or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions.(ii) You shall be solely responsible for User Submissions made by you or through your Laviators Service account ("Your User Submissions") and the consequences of posting or publishing them, and in respect of Your User Submissions, you: * grant us a non-exclusive, royalty-free, irrevocable and perpetual licence to copy, modify, distribute, show in public and create derivative works from Your User Submissions both as part of the Laviators Service and otherwise, in any form, anywhere; including (without limitation) (a) on third party sites and services that link to the Laviators Service or through which Laviators profiles are searchable, and (b) for promoting the Laviators Service (and derivative works thereof) in any media formats and through any media channels; * represent and warrant that you are fully entitled to grant that licence; * undertake that you have the written consent, release, and/or permission of each and every identifiable individual person in Your User Submissions to use the name or likeness of that person to enable the inclusion and use of Your User Submissions in the Laviators Service, and the exploitation by us of Your User Submissions in the manner contemplated by this Agreement; and * authorise us to adapt Your User Submissions, and so waive (or undertake that you have procured an effective waiver of) all so-called "moral" rights to object to any derogatory treatment of Your User Submissions, or to be identified as their author. You also hereby grant each user of the Laviators Service a non-exclusive license to access Your User Submissions through the Laviators Service, and to use, reproduce, distribute, prepare derivative works of, display and perform Your User Submissions.Your User Submissions include the Content of your Laviators profile.9. Privacy Policy
Laviators's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Given the global nature of the World Wide Web, any posting on the Laviators Service (including any which contains personal information) is, of course, accessible to internet users around the world.10. Laviators's Role
You acknowledge that we are not and cannot be responsible for the behaviour of or material contributed by Members - whether on the Laviators Service (such as by way of User Submissions) or outside of it. We only provide a venue where the Laviators Service may be accessed. In particular, you should be aware that Laviators does not generally pre-screen or monitor the material contributed by Members (such as User Submissions).11. Additional services
Laviators or its affiliates may offer new or additional services through the Laviators Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with, and potentially additional fees (which you must pay). Any failure by you to comply with a material provision of the terms or rules governing those services, or to pay any relevant additional fees, will amount to a breach of this Agreement.12. Operation of the Laviators Services
Laviators reserves the right to withdraw or modify one or more aspects of the Laviators Service where we have serious legal or technical reasons to do so (including technical difficulties experienced by Monzonito or on the Internet). There may be times when the Laviators Service becomes unavailable, whether on (a) an unscheduled basis, because of technical problems (in which case we will use reasonable skill and care to overcome the problems we encounter, where they are within our control), or (b) a scheduled basis (which we will strive to conduct at times that are reasonably convenient to the bulk of the Membership, in our reasonable discretion). For security or other reasons, we may require you to change password or other information which facilitates access to the Laviators Service.13. Misuse of the Laviators Service
We reserve the right (a) to suspend or terminate any Member's access to the Laviators Service, or parts of it, and/or (b) to remove, or require the Member to remove, material posted on the Laviators Service, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Laviators Service without our prior consent. However, there may be times when determined people whose Membership has been terminated or suspended re-register as Members, in breach of their obligations under this Agreement; we cannot prevent that. You are responsible for everything which is done on or through the Laviators Service while your Membership account is logged on to the Laviators Service, or through your email address(es).14. Relevance
The Laviators Service is intended to be used by its Members for the purposes referred to in Clause 2 above. Accordingly, Members must not: * Include swear-words or terms that could be considered offensive in material posted on or transmitted through the Laviators Service, including electronic messages, messages posted to Forums & Discussion groups, and any other communication tools made available via the Laviators site. This paragraph is not intended to supersede Clauses 16 and 18 below; * Place material on, or otherwise use, the Laviators Service for any business or commercial purpose; * Use your access to the Laviators Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam); * Collect or harvest any personally identifiable information, including Laviators Usernames, from the Laviators Service, nor use the communication systems provided by the Laviators Service, for any commercial purpose.15. Fees
(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of VIP Membership fees from time to time; if we do so, we will ensure that the amount or basis is clearly stated at the time when you agree to take the relevant Laviators Service or prior to any fees being taken for it.(ii) VIP Laviators who agree to have their Membership renewed continuously will have their Membership renewed at the same rate as was previously agreed by the Member; however note that we will notify you of the applicable fees in accordance with Clause 3 above.(iii) Fees paid by a VIP Laviators will not usually be rebated or refunded by Laviators. If, other than under Clause 12 or 13 above, we entirely withdraw an Integral Service (specified in Clause 2) from your VIP Laviatorship of the Laviators Service, or the entirety of the Laviators Service itself, then you may be entitled to a rebate of your Premium or VIP Laviatorship fee for the remainder of the twelve month period to which that fee relates; but no part of the Membership fee will be rebated to a VIP Member under any circumstances if the VIP Member has made use of any of the Integral Services (as indicated in Clause 2 of this Agreement) during the period to which the VIP Laviatorship fee relates. For the avoidance of doubt, VIP Laviators will not be entitled to any rebate of their Membership fee if Integral Service(s) become available to Standard Laviators (as well as to Premium and/or VIP Laviators). Laviators will not be obliged to rebate any part of any VIP Laviatorship fee, other than as provided in this sub-Clause (iii).(iv) Upon purchasing a paid-for VIP Laviatorship, Laviators will activate all account applications electronically on completion of the subscription process. We reserve the right to delay activation of a paid-for service for up to 5 working days where our systems detect potential credit card or other fraud and require manual checks to take place; in this event, the prospective Member will receive an email seeking confirmation of certain key information. Please be aware that, while Laviators does guarantee the sending of the emails it undertakes to send in does guarantee the sending of the emails it undertakes to send in this Agreement, Laviators cannot guarantee the delivery of any email, as (a) a recipient's email address may be invalid or have limitations on the relevant mailbox that could impede the delivery of the email, such as a mailbox limit or spam filter.(v) If you unsubscribe, you will downgrade your Membership benefits immediatelly. However, you won't be eligible for a prorated refund of (or any) portion of the VIP Laviatorship fees paid (except as provided in sub-Clause (iii) above).(vi) If you are asked for, and provide, details of a credit or debit card, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. Unless otherwise stated, all prices shown for EU countries include VAT.16. Prohibitions
You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Laviators Service (including Your User Submissions), nor any activity or communication you make in connection with any Laviators Service, will be capable of: * infringing the intellectual property or other rights of any person or entity; * breaching any applicable law, whether criminal, tortuous or otherwise; * appearing to be offensive, threatening, defamatory, obscene, pornographic, false, unreliable or misleading (including, without limitation, misleading as to your identity).17. Alerting Laviators
If you see anything on the Laviators Service which appears to breach this Agreement, then please contact us to inform us of it by using the "Report Abuse" function, or by emailing us. We do not generally monitor material contributed by Members placed on the Laviators Service, and so we are reliant upon users to point out any which is in breach this Agreement.18. Withdrawal of material and Termination of Membership
Each Member acknowledges that we are entitled to withdraw any material on the Laviators Service, whether this is based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the Laviators Service into disrepute. However, you acknowledge that we do not monitor material which appears on the Laviators Service, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the Laviators Service. You agree that upon termination or suspension of your access to the Laviators Service under any provision of this Agreement, we may immediately deactivate or delete your account and all related information and files in your Laviators Service account and/or bar any further access to such files or the Laviators Service.19. Disclaimer and Release
Laviators has no control over, or responsibility for, the truth or accuracy of any material available on the Laviators Service, whether provided by Members (such as User Submissions) or others. * If any third party site is linked to, or from, the Laviators Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it. * You should exercise no lesser degree of caution in appraising what you see on the Laviators Service than you do offline. * Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are. * Your use of the Laviators Service is entirely at your own risk. Accordingly, to the extent that the law permits, you release Laviators, its directors, contractors and employees, from all liability arising out of or in connection with the Laviators Service and the material included here by Members (including User Submissions) and other third parties.20. Excluded Loss
We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Monzonito Unipessoal Lda will also not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.21. Maximum Liability
Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of Monzonito Unipessoal Lda under this Agreement (whether arising in negligence or breach of this Agreement or otherwise) will not under any circumstances exceed the greater of: * The annual VIP Laviatorship fee payable at the time liability arises; or * An amount equal to the sums actually paid by you to us by way of VIP Laviatorship fees during the twelve month period prior to the date when liability arises, regardless of the cause or form of action.22. Non-excluded Liabilities
Nothing in this Agreement limits Monzonito Unipessoal Lda's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.23. Indemnity
You agree to defend, indemnify and hold harmless Laviators against all liabilities, claims and expenses that may arise from any breach of this Agreement by you, through your use of the Laviators Service or through a device on which you access the Laviators Service. This obligation will survive your use of the Laviators Service.24. Assignment
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but we will ensure that the assignee undertakes to perform this Agreement in accordance with its terms. You may not without the written consent of Monzonito Unipessoal Lda assign or dispose of this Agreement.25. Entire Agreement
This Agreement includes our Privacy Policy; together they are together intended to contain the whole of the agreement between us and you concerning the Laviators Service, and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either you or us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.26. Changes to this Agreement
Monzonito reserves the right to change this Agreement from time to time, and post the new version on the Laviators Service. When we do so, the new version of these terms and conditions will govern the Laviators Service:* Commencing 5 days after the date of posting (or such later date as Monzonito indicates in any relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Laviators Service; or
* Immediately upon the date of posting (or such later date as Monzonito indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of Laviators's addresses or email addresses referred to in this Agreement.