Forum Rules
Registration to this forum is free! We do insist that you abide by the rules and policies detailed below. If you agree to the terms, please check the 'I agree' checkbox and press the 'Register' button below. If you would like to cancel the registration, click here to return to the forums index.
Although the administrators and moderators of Layonara will attempt to keep all objectionable messages off this forum, it is impossible for us to review all messages. All messages express the views of the author, and neither the owners of Layonara, nor Jelsoft Enterprises Ltd. (developers of vBulletin) will be held responsible for the content of any message.
By agreeing to these rules, you warrant that you will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws.
The owners of Layonara reserve the right to remove, edit, move or close any thread for any reason.
Terms of Use
We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services, or products from this site.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Disclaimer of Warranties. The materials on the Site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, Layonara Studios, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. Layonara Studios, LLC expressly disclaims any warranty that the functions contained in the materials appearing on this site will be uninterrupted or free of errors, that defects will be corrected, or that this site or the server that makes this site available are free of viruses or other harmful elements. Layonara Studios, LLC makes no warranties or representations, express or implied, regarding the use of the materials appearing on this site with regard to their correctness, reliability, accuracy, or otherwise. Neither Layonara Studios, LLC nor its affiliated or related companies or staff or its content providers shall be responsible or liable to any person, firm, or corporation for any loss, damage, injury, claim, or liability of any kind or character based on or resulting from any information contained on this site.
3. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
5. Ownership and Reproduction of Layonara Materials. The contents of the Site (the "Layonara Materials") may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed, in whole or in part, for any purpose other than individual viewing of this web site, without the express prior written consent of Layonara Studios, LLC. Modification of the Layonara Materials or use of the Layonara Materials for any purpose will constitute a violation of the copyrights and other rights of Layonara. For purposes of this Agreement, the use of any Layonara Materials on any other web site or networked computer environment is prohibited.
6. Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of the Site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by Layonara Studios, LLC in its sole discretion. If membership has been revoked, Layonara Studios, LLC reserves the right to refuse application or readmission to the membership program.
7. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
8. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff, members, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
9. Nontransferable. Your right to use the Site is not transferable. Any password, link, download, or right given to you to obtain information or documents is not transferable and may only be used by you.
10. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
11. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
12. Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
13. Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. These other websites are not under Layonara Studios control, and such links do not constitute an endorsement by Layonara Studios of those other websites or the services offered through them. The privacy and security practices of websites linked to or from the Site are not covered by this Privacy Statement, and Layonara Studios is not responsible for the privacy or security practices or the content of such websites. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
14. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
15. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
16. Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices.
17. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, which are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
18. Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
19. Content of Submissions. The user shall not submit to the Site any materials which (a) libel, defame, invade privacy, or are obscene or pornographic; (b) infringe the intellectual property rights, including copyrights, of any third party; (c) violate any law or regulation; (d) advocate illegal activity; or (e) advertise or otherwise solicit funds or are a solicitation for goods or services. The user agrees to indemnify Layonara Studios and its officers, directors, employees, volunteer staff, and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorneys' fees, resulting from user's submission of any materials in violation of the foregoing restrictions.
20. Ownership of Submissions. While Layonara Studios values users' feedback on this site, Layonara Studios requests that users be specific in their comments on the Site. If users send Layonara Studios creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Information"), the Information shall be deemed to become, and shall remain, the property of Layonara Studios, or Dan Scott if it relates to the Layonara Intellectual Property. None of the Information shall be subject to any obligation of confidence on the part of Layonara Studios or Daniel R. Scott, and Layonara Studios and Daniel R. Scott shall not be liable for any use or disclosure of all or part of the Information.
21. Lapsed Accounts: In order to keep Layonara Studios, LLC membership roster current, if a Member does not access his or her account for a period of 180 days or more, Layonara Studios, LLC may, in its sole discretion, terminate such Member's account. Layonara Studios, LLC will endeavor to notify a Member of Layonara Studios, LLC intent to terminate such Member's account by notice to such Member's provided email address at least 5 days prior to deactivation. If the Member fails to respond to such email notice with 5 days after the day it is sent by Layonara Studios, LLC, such Member's account will be terminated as noted above. Therefore, Layonara Studios, LLC strongly recommends that all Members keep their accounts and contact data current and in use. While Layonara Studios, LLC desires to prevent active accounts from being terminated prematurely, Layonara Studios, LLC has no obligation to maintain accounts that appear to Layonara Studios, LLC to have been abandoned. Each Member agrees that failure to access his or her account for 180 days or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.
22. Verify Members' Account: Layonara Studios, LLC reserves the right to contact a Member via email to verify the accuracy of account information that is needed to provide the Member with the information he or she requested from Layonara Studios, LLC.
23. Use of the Site by Children: Our site and the services available through the Site are not intended for children under the age of 13. Layonara Studios does not knowingly or specifically collect information about children under the age of 13 and believes that children of any age should get their parents' consent before giving out any personal information. We encourage you to participate in your child's web experience. Layonara Studios recommends that parents use Web filtering technology to supervise their kids' access to the Web.
24. Governing Law; Forum Selection. This Agreement shall be construed and governed in accordance with the laws of the State of California, U.S.A., regardless of the place or places of its physical execution and performance. In the event of any dispute or controversy arising under this Agreement, or any dispute or controversy under tort, antitrust, or similar non-contractual theories, an action on such dispute or controversy shall be brought either in the Superior Court of the State of California, in and for the County of Madera, or in the United States District Court, Eastern District of California. Parties to this Agreement, regardless of their residence, shall be subject to the jurisdiction of either or both the Superior Court of the State of California, in and for the County of Madera, and the United States District Court, Eastern District of California The parties agree that such jurisdiction of the two courts specified in this paragraph shall be exclusive.
