Terms and Conditions
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Section 1. Definitions. |
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(a) La Deessa: La Deessa, LLC a Nevada Limited Liability Company (“La Deessa”), ladeessa.com or its affiliates, subsidiaries and designees as deemed appropriate by La Deessa. |
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(b.) Site: This Web “Site” (ladeessa.com) as well as all associated sites linked to ladeessa.com by La Deessa its subsidiaries and affiliates, and designees as deemed appropriate by La Deessa. (collectively, the “Site”). |
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(c.) Linked Sites: Independent third party Web sites. |
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(d) Terms of Use: Terms and Conditions of Use (the “Terms of Use”). |
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(e.) Content: All text, images, graphics, illustrations, data, user interfaces, visual interfaces, trademarks, logos, sounds, music, artwork and computer code (collectively, the “Content”), |
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(f.) You: Yourself and any entity that you may represent. |
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Section 2. Ownership. |
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This Web site (the “Site”) is owned, operated and provided to you (“You”) by La Deessa, LLC.ladeessa.com and its Content are protected by United States and international copyright, trademark and other laws. All rights reserved. Specifically, ladeessa.com does not convey to anyone, through allowing access to ladeessa.com, any ownership rights inladeessa.com or in any Content appearing on or made available through ladeessa.com. Customers may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of ladeessa.com or its Content.You agree that ownership of all content and intellectual property including text, images, graphics, photographs, illustrations, data, user interfaces, visual interfaces, trademarks, logos, sounds, music, artwork and computer code and other material (collectively, the “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without ladeessa.com’s express prior written consent. |
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Section 3. Terms of Use. |
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The following Terms and Conditions of Use (the “Terms of Use”) apply to the La Deessaweb site located athttp://www.ladeessa.com/ as well as to all associated sites linked to www.ladeessa.com by La Deessa, its subsidiaries and affiliates and designees as deemed appropriate by La Deessa. (collectively, the “Site”).La Deessa reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to visit and review the then current Terms of Use before each use for changes so that you are aware of any such revisions to which you are bound. Your continued use of the Site following the posting of changes will be interpreted as your acceptance and agreement to the changes to the Terms of Use. If you are dissatisfied with, its content or Legal Notices and Conditions of Use, you agree that your sole and exclusive remedy is to discontinue use of the La Deessa Web site. So long as you comply with these Terms of Use, La Deessa grants you a personal, non-exclusive, non-transferable, non-commercial, limited privilege to enter and use the Site.You acknowledge and agree that La Deessa may preserve any transmittal or communication by you with La Deessa through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or La Deessa determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of La Deessa, its employees, users of or visitors to the Site, and the public.You agree that La Deessa may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to La Deessa, for which money damages would be inadequate, and you consent to La Deessa obtaining any injunctive or equitable relief that La Deessa deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies La Deessa may have at law or in equity. If La Deessa does take any legal action against you as a result of your violation of these Terms of Use, La Deessa will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to La Deessa. You agree that La Deessa will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use. |
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IF YOU AGREE TO THESE TERMS OF USE YOU MAY USE THIS SITE; IF YOU DO NOT INTEND TO ABIDE BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE. |
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Section 4. Violation of the Terms of Use. |
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La Deessa may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) La Deessa’s rights or property, or the rights or property of visitors to or users of the Site, including La Deessa’s customers. La Deessa reserves the right at all times to disclose any information that La Deessa deems necessary to comply with any applicable law, local, state or federal regulations, any legal process or governmental request. La Deessa also may disclose your information when La Deessa determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. |
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Section 5. Prohibited Use. |
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During your use of ladeessa.com, you are expressly prohibited from the following: |
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(a.) Violating any of the terms set forth in this Agreement;(b.) Performing any act, which violates the Terms of Use; including but not limited to;(c.) Attempting to, or undertaking any copying, modifying, translating, uploading, downloading, posting, displaying, performing, decompiling, reverse engineering or disassembling the Software or Content, or otherwise determining or attempting to determine source code from any of the Software, or creating any derivative works based on the Software or other Content;(d.) Using any device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. La Deessa reserves the right to bar any such activity (e) Attempting to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any La Deessa server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. (f) Probing, scanning or testing the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. (g) Engaging in the following; reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of La Deessa, including any La Deessa account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. (h) Taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or La Deessa’s systems or networks, or any systems or networks connected to the Site or to La Deessa. (i) Using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. (j) Forging headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to La Deessa on or through the Site or any service offered on or through the Site. (k) Pretending that you are, or that you represent, someone else, or impersonate any other individual or entity. (l) Using the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity, which infringes the rights of La Deessa or others. (m) Accessing, reading, copying, uploading, downloading, posting, printing, deleting, renaming, distributing, or making commercial use of, any file or information stored on ladeessa.com by any other ladeessa.com customer. (n) Using any facet of ladeessa.com in a manner that is prohibited by any law or regulation, or to facilitate the violation of any aw or regulation; (o.) Engaging in any action aimed at damaging, disabling or altering the Software and/or Content; (p.) Accessing any customer content other than your own; BE ADVISED THAT ANY FILES OR INFORMATION TEMPORARILY STORED ON THIS SITE BY A CUSTOMER MAY BE THE SUBJECT OF INTELLECTUAL PROPERTY RIGHTS IN FAVOR OF SUCH OTHER LADEESSA.COM CUSTOMER OR ANOTHER THIRD PARTY. LADEESSA.COM MAKES NO WARRANTIES WHATSOEVER AND ACCEPTS NO RESPONSIBILITY AS TO THE INFORMATION OR THE CONTENT OF ANY SUCH FILES OR INFORMATION AND ACCEPTS NO RESPONSIBILITY AS TO THE INFORMATION OR OTHER CONTENT OF ANY SUCH FILES, OR ANY CONSEQUENCES OF ACCESSING OR MAKING OTHER USE THEREOF; (q.) Sending “Spam” from our site; spam is unsolicited bulk email, both commercial and non-commercial, sent to a wide list of recipients including email users, newsgroups or other forums from the ladeessa.com website. |
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Section 6. Termination of Use. |
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ladeessa.com (La Deessa, LLC) may at its sole discretion, discontinue, suspend, modify or terminate your access to all or part of the ladeessa.com site or its content, even if access continues to be allowed to others, for any reason including but not limited to violation of the Terms of Use. |
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Section 7. Purchases; Other Terms and Conditions |
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Additional terms and conditions may apply to purchases of goods and/or services or to specific functions or features of the Site, all of which terms are hereby made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.La Deessa’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.La Deessa may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. |
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Section 8. Password and Account. |
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The Site may require you to create an account (including setting up an La Deessa ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify La Deessa immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by La Deessa or any other user of or visitor to the Site due to someone else using your La Deessa ID, password or account. You are prohibited from using anyone else’s La Deessa ID, password or account at any time without the express permission and consent of the holder of that La Deessa ID, password or account. La Deessa cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. |
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Section 9. Privacy. |
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The La Deessa Privacy Policy governs the use of information acquired from You through . |
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Section 10. Links. (To Other Sites and to the La Deessa Site) |
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The La Deessa Link Policy governs links to and from ladeessa.com |
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Section 11. Third Party Companies and Products. |
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Mention of third party products, companies, and Web sites on this Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. La Deessa provides this information only as a convenience to You and La Deessa makes no representation whatsoever regarding the content of any other Web sites. When You access a non-La Deessa site, please understand that it is independent from La Deessa and that La Deessa has no control over the contents on that Web site. A link out to a non-La Deessa Web site does not mean that La Deessa endorses or accepts any responsibility for the content or use of such Web site. La Deessa makes no representations regarding the quality, safety or suitability of any products by third party companies. All third party products must be ordered directly from the vendor and all licenses and warranties, if any, are made between You and the vendor. |
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Section 12. Solicited and Unsolicited Idea Submission Policy. |
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Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when La Deessa’s advertisements, products or marketing strategies might seem similar to ideas submitted to La Deessa’s. If, despite our request You not send us Your ideas and materials, You still send them, please understand that La Deessa makes no assurances that Your ideas and materials will be treated as confidential or proprietary and all such ideas and materials are the property of La Deessa, LLC.By submitting any solicited or unsolicited information using the La Deessa Web site, you grant La Deessa an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law. |
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Section 13. Feedback and Information Policy. |
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By submitting any solicited or unsolicited information using the La Deessa Web site, you grant La Deessa an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law. |
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Section 14. Disclaimers and Limitation of Liability |
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LA DEESSA TODAY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LA DEESSA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. LA DEESSA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LA DEESSA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY LA DEESSA PRODUCTS OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LA DEESSA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.La Deessa reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.Except where prohibited by law, in no event will La Deessa be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if La Deessa has been advised of the possibility of such damages. The Site is provided on an “AS IS” and “as available” basis. Neither La Deessa nor its affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of the La Deessa Web site will be uninterrupted or error-free. Under no circumstances shall La Deessa or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the La Deessa Web site, including but not limited to reliance by you on any information obtained from the La Deessa Web site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of La Deessa has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the La Deessa Web site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. If, notwithstanding the other provisions of these Terms of Use, La Deessa is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, La Deessa’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against La Deessa or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you. |
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Refer to the La Deessa Trademark, Copyright and Intellectual Property Policy. |
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Section 16. Warranty |
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You hereby represent and warrant to ladeessa.com that you will not use ladeessain anyway that will:(a) Violate, plagiarize, or infringe upon the intellectual property or contractual rights of any third party;(b) Display or transmit by means of ladeessa.com or publish through or on ladeessa.com any materials of any kind which contain libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material;(c) Violate any export law, rule or regulation governing exports from the United States; (d) Transmit by means of ladeessa.com any materials which contain software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications system. |
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Section 17. Indemnity |
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You agree to defend, indemnify and hold harmless La Deessa, LLC, its members, officers, directors, shareholders, attorneys, predecessors, successors in interest, employees, licensors, independent contractors, providers, agents, subsidiaries and affiliates, harmless from any and all claims, demands, costs, losses, liabilities or expenses, including reasonable attorneys’ fees, in connection with any claim made against La Deessa by any third party due to or arising out of or in connection with your use of the Site. You shall cooperate fully as reasonably required in the defense of any claim.ladeessa.com (La Deessa, LLC) reserves the right, at its own expense to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of ladeessa.com (La Deessa, LLC). |
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Section 18. Governing Law and Jurisdiction; Dispute Resolution |
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By accessing this Site, you agree that in all matters related to your access to or use of the Site, including all disputes, interpretation and enforcement of this Agreement shall be governed by the state of Wyoming. You hereby consent to personal jurisdiction in the state and federal courts of Wyoming without regard to its conflicts of law provisions, for any action arising out of or relating to your use of the ladeessa.com site and services. The state and federal courts of Wyoming shall have exclusive jurisdiction over all such actions. In any action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney’s fees.You agree to the personal jurisdiction by and venue in the state and federal courts of Wyoming, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between La Deessa and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. |
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Section 19. Void Where Prohibited. |
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La Deessa administers and operates the www.ladeessa.com Site from within the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or are appropriate or available for use outside the United States. La Deessa reserves the right to limit, at its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws. |
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Section 20. Export. |
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You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. |
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Section 21. Severability. |
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If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. |
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Section 22. Enforcement. |
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Failure of ladeessa.com (La Deessa, LLC) to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. |
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Section 23. Entire Agreement. |
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These Terms of Use constitute the entire agreement between you and La Deessa with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and La Deessa with respect to such use are hereby superseded and cancelled. La Deessa will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. La Deessa’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by La Deessa of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between La Deessa and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. |
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Section 24. Miscellaneous |
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The La Deessa Terms of Use are provided and updated by the La Deessa’s Legal Team.If you have any questions regarding these Terms of Use, please contact La Deessa at deliveringradiance@ladeessa.com |