Effective date: 20 January 2021
THE PLATFORM IS DELIVERED, OPERATED AND MAINTAINED BY LAYERISE APS, BUSINESS NO. 40409823, HEJREVEJ 33 C, 2400 COPENHAGEN NV (THE “PLATFORM PROVIDER”). THE COMPANY AND THE PLATFORM PROVIDER MAY HEREAFTER BE REFERRED TO AS A PARTY (COLLECTIVELY “WE”, “US” OR THE “PARTIES”).
BY ACCEPTING THESE TERMS, EITHER BY CHECKING A BOX AND/OR CLICKING A BUTTON INDICATING YOUR ACCEPTANCE (the earlier to occur, the “EFFECTIVE DATE”) YOU AGREE TO THE PROVISIONS OF THESE TERMS.IF YOU DO NOT AGREE WITH THE PROVISIONS AND CONDITIONS OF THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT USE THE PLATFORM OR RECEIVE ANY SERVICES.
1. Registration and Account
You must be a minimum age of 16 to register on and use the Platform. By registering and using the you agree that you are 16 or older and understand your obligations under these Terms.
If you create an account in the Platform, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Platform. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of these Terms or that your conduct or content would tend to damage the Platform reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for the Platform. We may block your email address and Internet protocol address to prevent further registration. Note that you are responsible for all use of your account, whether authorized or not.
Access to the Platform, whether as a guest or registered user, is provided free-of-charge.
2. Link to other Resources
Although the Platform may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Platform. Your linking to any other off-site resources is at your own risk.
3. Intellectual Property Rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. These Terms do not transfer to you any intellectual property owned by the Company, Platform Provider or third parties.
All content and data, including but not limited to names, material, trademarks, service marks, graphics, logos text, pictures, video etc. (“Contents”), used in connection with the Platform and which you obtain access to by the use of the Platform, are trademarks or registered trademarks of the Customer and/or the Platform Provider. Other trademarks, service marks, graphics and logos used in connection with the Platform may be the trademarks of other third parties. Your use of the Platform grants you no right or license to reproduce, copy, alter or otherwise use the Content in any other way belogging to the Company, Platform Provider or other third parties.
4. Prohibited Uses
You are prohibited from using the Platform or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform, or third party products and services; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Platform, third party products and services. We reserve the right to terminate your use of the Platform for violating any of the prohibited uses.
5. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE CUSTOMER OR PLATFORM PROVIDER, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST USAGE, GOODWILL, USE OF CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF THE LIABLE PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES.
NEITHER THE COMPANY OR THE PLATFORM PROVIDER WILL BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING AN OBLIGATION UNDER THESE TERMS THAT IS DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, SUCH AS NATURAL CATASTROPHES, OR GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS.
THE LEGAL CONTRACT, THESE TERMS, FOR THE USE OF THE PLATFORM IS BETWEEN YOU AND THE COMPANY. THE PLATFORM PROVIDER DOES NOT HAVE ANY NO CONTROL OVER THE ACTIONS OR OMISSIONS OF THE COMPANY.
You agree to indemnify and hold the Platform Provider and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of the Platform or any willful misconduct on your part. This includes, but is not limited to infringements of intellectual property rights and any claim for defamation arising from your use of the Platform
All rights and restrictions contained in these Terms may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
If you violate these Terms and we take no legal or otherwise other action, we will still have our rights and legal options in respect to any other situation where you breach these Terms.
These Terms are personal to you, and are not assignable or transferable. We may assign, transfer or delegate any of its rights and obligations hereunder without consent, to another group company or to a third party if such transfer is due to an assignment of our company and associated business.
All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by or e-mail.
10. Governing Law
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in accordance with the laws of Denmark, without regard to its conflict of law provisions.
11. Changes to these Terms.
We reserves the right, at its sole discretion, to change, modify, add, or remove parts of these Terms at any time by posting such changes here, and otherwise https://www.layerise.com/kitchenaid/legal/terms, which will become effective as of the first day of the calendar month following the month in which they were first posted. In the case, where crucial/substantial changes are made to these Terms,which are deemed being to the disadvantage of you, we will place a notice in the Platform as such changes shall constitute your consent to such changes. If you do not consent to the changes or otherwise disagree with a change, you must stop using the Platform.
In the case you have any questions regarding these Terms, please contact the Company using the contact information provided in the Platform.
You can also contact the Platform Provider at firstname.lastname@example.org, however the Platform Provider is not required to respond to requests unless it is provided with sufficient details and the request can’t be handled by the Company.