terms

GENERAL TERMS AND CONDITIONS FOR "MYLAVASOFT CREATIVE COMMUNITY"

  • IMPORTANT NOTICE: THESE GENERAL TERMS AND CONDITIONS FOR MYLAVASOFT CREATIVE COMMUNITY (THE “GENERAL TERMS AND CONDITIONS”) APPLY FOR PARTICIPATION IN THE MYLAVASOFT CREATIVE COMMUNITY. BY CLICKING THE “I ACCEPT”-BUTTON YOU AGREE TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS YOU SHOULD NOT DOWNLOAD OR USE IN ANY WAY, ANY CONTENT, INFORMATION OR OTHER MATERIALS MADE AVAILABLE AT THE MYLAVASOFT CREATIVE COMMUNITY, OR ANY PART THEREOF, OR UPLOAD ANY CONTRIBUTIONS, CONTENT, INFORMATION OR OTHER MATERIALS TO MYLAVASOFT OR THE MYLAVASOFT CREATIVE COMMUNITY.

  • 1. BACKGROUND AND PURPOSE. Lavasoft Limited, 40/D, St. Julian's Court, Sur Fons Street, St. Julian's, Malta, corporate identity number C 45996 (“Lavasoft”) provides on the Lavasoft website (www.lavasoft.com) an end user forum for the interaction between end users of Lavasoft software products (“MyLavasoft”). MyLavasoft contains a creative community with the purpose of enabling end users to create and upload, for the benefit of other end users, new features for certain Lavasoft software products (the “MyLavasoft Creative Community”). These General Terms and Conditions set out the terms and conditions under which you, as a private individual (“You”) are entitled to use, reproduce and modify the Lavasoft and third party software, information, texts, images, data, graphics and other files, content and materials made available by Lavasoft and third parties at the MyLavasoft Creative Community (the “MyLavasoft Creation Content”) for the creation and upload of user contributions relating to the Lavasoft software products, including but not limited to skins for certain Lavasoft software products, translations of certain Lavasoft software products and add-ons for certain Lavasoft software products such as plug-ins (“User Contributions”).

  • 2. LICENSE GRANT AND USE RESTRICTIONS. Subject to the terms and conditions of these General Terms and Conditions, Lavasoft hereby grants You a non-exclusive, royalty-free, non-transferable, non-sublicensable and limited license to: (i) use, reproduce and modify the MyLavasoft Creation Content for the sole purpose to create User Contributions; (ii) upload User Contributions to MyLavasoft and by You modified versions of the MyLavasoft Creation Content to the MyLavasoft Creative Community. You may not, or permit any third party to: (i) sub-license, assign, transfer, distribute, pledge, lease, rent or share Your rights under these General Terms and Conditions; or (ii) reproduce, modify, adapt or translate the MyLavasoft Creation Content, unless to the extent and for the purpose expressly permitted herein; or (iii) disassemble, decompile, reverse engineer or otherwise attempt to discover the source code of any MyLavasoft Creation Content, unless to the extent specifically permitted under applicable mandatory law.

  • 3. OWNERSHIP. For the avoidance of any doubt, Lavasoft and its licensors shall retain all rights, title and interest to the MyLavasoft Creation Content, including but not limited to any and all copyrights, patents, trademarks, trade secrets and any and all other intellectual property rights and other proprietary rights in the MyLavasoft Creation Content and You obtain no other rights to the MyLavasoft Creation Content than the limited license rights set out in Section 2 above.

  • 4. USER CONTRIBUTIONS. You hereby agree and acknowledge that the overall purpose with the MyLavasoft Creative Community is to offer Lavasoft’s end users with various additional features for the Lavasoft software products and to enable such end users to create their own User Contributions. Accordingly, You hereby grant Lavasoft and all end users of Lavasoft software products, a worldwide, royalty-free, irrevocable, sub-licensable and perpetual right to: (i) use the User Contribution(s) that You have uploaded to MyLavasoft together with Lavasoft software products; and (ii) use, reproduce and modify any and all parts of the MyLavasoft Creation Content that have been modified by You and uploaded to the MyLavasoft Creative Community and any and all additional software, information, texts, images, data, graphics and any and all other files, content and materials uploaded by You to the MyLavasoft Creative Community (the “User Specific Creation Content”), or any part thereof, for the creation of new User Contributions and upload thereof to MyLavasoft. Lavasoft reserves the right to remove from MyLavasoft, including for the avoidance of any doubt the MyLavasoft Creative Community, any and all User Contributions and/or User Specific Creation Content, or any parts thereof, which are unlawful, racist, threatening, abusive, harassing, defamatory, obscene or otherwise, in Lavasoft’s sole discretion, not in accordance with Lavasoft’s business ethics.

  • 5. WARRANTIES. You hereby represent and warrant that: (i) You have sufficient rights in the User Contributions and the User Specific Creation Content to grant the rights contemplated by these General Terms and Conditions; (ii) Your User Contributions and/or Your User Specific Creation Content do not violate any laws or regulations; and (iii) Your User Contribution and/or Your User Specific Creation Content do not infringe any third party’s copyright, patent, trademark, trade secret or any other intellectual property rights or proprietary rights of whatever nature. You shall indemnify and hold Lavasoft and its end users harmless from any liabilities, damages, cost and expenses suffered by Lavasoft and/or its end users due to any and all third party claims arising as a result of any breach by You of: (i) Section 2 above; and (ii) the warranties set out in this Section 5.

  • 6. DISCLAIMER AND LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, THE MYLAVASOFT CREATIVE COMMUNITY AND THE MYLAVASOFT CREATION CONTENT ARE PROVIDED “AS IS” AND LAVASOFT MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE MY LAVASOFT CREATIVE COMMUNITY OR THE MYLAVASOFT CREATION CONTENT WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LAVASOFT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE MY LAVASOFT CREATIVE COMMUNITY OR THE MYLAVASOFT CREATION CONTENT WILL BE ERROR-FREE OR THAT THE USE THEREOF WILL BE UNINTERRUPTED. IN NO EVENT SHALL LAVASOFT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) ARISING FROM YOUR PARTICIPATION IN THE MYLAVASOFT CREATIVE COMMUNITY, INCLUDING BUT NOT LIMITED TO ANY USE OF THE MYLAVASOFT CREATION CONTENT OR THE FACT THAT THE MYLAVASOFTCREATION CONTENT IS DEFECTIVE.

  • 7. TERM AND TERMINATION. These General Terms and Conditions will enter into force upon Your acceptance of these General Terms and Conditions, however in no event later than upon Your download or use of any MyLavasoft Creation Content. Lavasoft is entitled to terminate these General Terms and Conditions with immediate effect upon written notice to You, if You are in breach of any terms and conditions hereunder. You may at any time terminate Your participation in the MyLavasoft Creative Community upon written notice to the contact details of Lavasoft available at the Lavasoft website (www.lavasoft.com). Upon termination of these General Terms and Conditions, the licenses granted to You hereunder will cease and You shall immediately cease all use of the MyLavasoft Creation Content and remove any and all parts of the MyLavasoft Creation Content from Your computer(s). For the avoidance of any doubt, Sections 3, 4, 5, 6, 7, 9, 10 and 11 will survive any expiration or termination of these General Terms and Conditions.

  • 8. DISCONTINUANCE AND AMENDMENTS. Lavasoft reserves the right to, at any time and at its sole discretion, amend these General Terms and Conditions, discontinue the MyLavasoft Creative Community and/or cease provision of the MyLavasoft Creation Content. If the MyLavasoft Creative Community is discontinued by Lavasoft, these General Terms and Conditions and all rights granted to You hereunder will terminate. Any modifications to these General Terms and Conditions will be posted within the MyLavasoft Creative Community and if You do not agree to such amendments of the General Terms and Conditions You are entitled to terminate Your participation in the MyLavasoft Creative Community with immediate effect upon written notice to the contact details of Lavasoft available at the Lavasoft website (www.lavasoft.com). If You continue Your use of the MyLavasoft Creation Content and/or upload User Contributions to MyLavasoft and/or User Specific Creation Content to the MyLavasoft Creative Community You shall be deemed to have accepted the amendments to these General Terms and Conditions.

  • 9. PRIVACY. By accepting these General Terms and Conditions, You acknowledge and agree that the privacy policy of Lavasoft, as updated from time to time, and accessible on the Lavasoft website (www.lavasoft.com) is applicable to any personal information that You may provide as a result of Your participation in the MyLavasoft Creative Community.

  • 10. MISCELLANOUS. These General Terms and Conditions constitutes the entire agreement concerning the subject matter of this General Terms and Conditions and it supersedes any and all prior proposals, understandings or agreements between the parties relating to the subject matter hereof. No waiver or modifications of these General Terms and Conditions shall be valid unless in writing and duly executed by both parties hereto. If any provision herein is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these General Terms and Conditions shall remain in full force and effect.

  • 11. GOVERNING LAW. To the extent permitted by applicable mandatory law, these General Terms and Conditions shall be governed by the laws of Malta, excluding its conflict of law principles and any and all disputes arising out of these General Terms and Conditions shall be subject to the sole and exclusive jurisdiction of the courts of Malta. However, the above shall not affect any rights You may have under applicable mandatory law to take action in Your country of residence and under the laws of that country.

  • 12. CONTACT INFORMATION. If You have any questions about these General Terms and Conditions or the MyLavasoft Creative Community, You may contact Lavasoft through the Lavasoft web site (www.lavasoft.com).

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