GENERAL TERMS AND CONDITIONS

Article 1. Definitions 

License: Click here to see the License
the right to use a Model under the conditions as set out in the License and general condition;

Model:
a three-dimensional visualization of a person (man or female, child or adult) produced by Lavitaz and purchased by Purchaser;

Purchaser:
the buyer of a License;

The Purchase:
the purchase of a License;

The Website:
www.lavitaz.com;
www.lavitaz.nl;
www.lavitaz.eu

Registration Data:
all information concerning Purchaser necessary for the registration by Purchaser to acquire a Client ID.

Client ID:
a personal internet account in name of and only to be used by Purchaser;
 
Article 2. Applicability

2.1 All Licenses are subject to the general conditions, which shall be part of and govern the (Purchase of the) License.
2.2 The applicability of any of the Purchaser's general conditions is specifically excluded.

Article 3. Registration obligations

3.1 In order for Purchaser to be able to Purchase a License, Purchaser will register with Lavitaz on the Website to acquire a Client ID.
3.2 Purchaser is obliged to:
(a) provide true, accurate, current and complete Registration Data;
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

Article 4. Client ID, password and security

4.1 Purchaser is responsible for (the use of) the Client ID and the confidentiality of the password.
4.2 Purchaser is obliged to always log-out of the Client ID at the end of each session.
4.3 Lavitaz cannot be held liable and/or responsible for any activity that takes place by Purchaser and/or a third party under the password and/or on the Client ID.
4.4 Lavitaz cannot be held liable and/or responsible for any unauthorized use of the password and/or the Client ID or any other breach of security on the Website.

Article 5. License

5.1 With the Purchase, Purchaser obtains a non-exclusive, royalty free right to use the Model on a worldwide scale for the duration as stipulated in the license, namely an unlimited period of time.
5.2 Purchaser is prohibited to transfer and/or resale the License to a third party.
5.3 Any infringement upon the obligations as set forth in the License and/or the General Terms and Conditions will provide Lavitaz the right to immediately cancel and/or terminate the license, in which case the Model must be returned to Lavitaz within 10 working days from the date of termination.


Article 6. Model

6.1 Purchaser acknowledges that all intellectual property rights, including, but not limited to, patents, trade marks and copy rights, concerning and including the Model shall be and remain full property of Lavitaz.
6.2 Purchaser acknowledges that Lavitaz has the exclusive right to use the portrait right of a Model.
6.3 Purchaser is strictly prohibited to redistribute, copy, alter, transfer and/or resale the Model.
6.4 Purchaser acknowledges that the Model is a copy of an existing person and therefore its use could directly effect the life of this person.
6.5 Purchaser is obliged to only use the Model for the purpose as specifically set out in the License.
6.6 Purchaser is strictly prohibited to use the Model in relation to porn/sex, tobacco, alcohol, drugs, unlawful activities or mental/physical illnesses or any other way that could be considered detrimental and/or harmful and/or privacy sensitive to the (personal life of) the Model.

Article 7. Liability

7.1  Lavitaz cannot be held liable and/or responsible for:
- any errors or omissions in a Model;
- any loss or damage of any kind incurred as a result of the (invalid) use and/or abuse of a Model by Purchaser and/or any third party;
- (any exposure to) Models that are, or at least according to Purchaser should be considered to be, indecent, offensive, objectionable and/or otherwise unsuitable.
- Any loss of data or damage to Purchasers computer that results from the use and/or download of a Model.
7.2 In no event will Lavitaz be liable to Purchaser and/or any third party for lost profits and/or any other indirect, special, consequential and/or incidental damages, however caused and under any theory of liability arising out of the Licence, tort and/or otherwise.
7.3 Liability of Lavitaz for any default and/or breach whatsoever and howsoever shall in no case exceed the purchase price of the Model.

Article 8. Payment and price

8.1 Purchaser will not receive the purchased Model nor will the License commence before payment to Lavitaz has taken place.
8.2 All prices on the Website are in Euros. If the Purchaser is located in The Netherlands Lavitaz will charge 19% VAT. Within the EU the VAT is 0 and will be transposed to the Purchaser.
8.3 Lavitaz reserves the right to vary the prices as shown on the Website by upward additions in accordance with market conditions at the date of actual supply and the Purchaser shall pay such additions in addition to the quoted price. Price lists do not constitute an offer.
8.4 With the exception of article 9.2, Lavitaz does not take refunds on a Model.

Article 9.  Availability of Models

9.1 Lavitaz will make every possible effort to comply with the date named for dispatch or delivery of a Model, which date is given and intended as estimate only and is not to be the essence of the License.
9.2 In case the Model cannot, as a result of non-availability or any other cause beyond Lavitaz’s control, be delivered, Lavitaz shall be considered to be unable to effect delivery. In that case Lavitaz is at liberty to terminate the License and give Purchaser a refund.

Article 10. Variations

10.1 Lavitaz will make every possible effort to ensure that the Model corresponds with the sample, specification or description as shown on the Website. Purchaser however acknowledges that models shown on the Website are samples and thus can vary from the Model.
10.2 Lavitaz cannot be held liable and/or responsible for minor variations in, for instance, color and/or other design features of the Model.

Article 11.  Law

11.1 If any part of these general conditions shall be found to be unlawful it shall not affect the  validity or enforceability of the remainder of the conditions. The unlawful part shall then be deleted and substituted by a valid provision or provisions with a similar (lawful) meaning.
11.2 Lavitaz reserves the right to change these general conditions at any time, in its sole discretion, with or without prior notice.
11.3 The License is governed by the laws of the country of the Netherlands.

© 2006 Lavitaz