Thanks for choosing Lavafoshi (“Lavafoshi,” “we,” “us,” “our”). Lavafoshi provides personalized services with social and interactive features for streaming music and other content as well as other products and services that may be developed from time to time. By signing up or otherwise using any of these Lavafoshi services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “Lavafoshi Service” or “Service”), or accessing any music, videos or other content or material that is made available through the Service (the “Content”) you are entering into a binding contract with Lavafoshi Private Limited.
Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us.
You may purchase a Paid Subscription directly from Lavafoshi or through a third party either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Lavafoshi Service for a specific time period (“Pre-Paid Period”).
Lavafoshi may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
The Lavafoshi Service and the Content are the property of Lavafoshi or Lavafoshi's licensors. We grant you limited, non-exclusive, revocable permission to make use of the Lavafoshi Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or Lavafoshi. You promise and agree that you are using the Lavafoshi Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Lavafoshi Service or the Content.
The Lavafoshi software applications and the Content are not sold or transferred to you, and Lavafoshi and its licensors retain ownership of all copies of the Lavafoshi software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices (“Devices”).
All Lavafoshi trademarks, service marks, trade names, logos, domain names, and any other features of the Lavafoshi brand (“Lavafoshi Brand Features”) are the sole property of Lavafoshi or its licensors. The Agreements do not grant you any rights to use any Lavafoshi Brand Features whether for commercial or non-commercial use.
Third party software (for example, open source software libraries) included in the Lavafoshi Service are made available to you under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.
The Lavafoshi Service is integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) and third party Devices to make the Lavafoshi Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Lavafoshi does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does Lavafoshi warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.
Lavafoshi users may post, upload, or otherwise contribute content to the Service (which may include, for example, pictures, text, messages, information, playlist titles, descriptions and compilations, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Lavafoshi Support Community as well as any other part of the Lavafoshi Service.
You promise that, with respect to any User Content you post on Lavafoshi, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by Lavafoshi as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Lavafoshi or any artist, band, label, entity or individual without express written consent from Lavafoshi or such individual or entity.
Lavafoshi may, but has no obligation to, monitor, review, or edit User Content. In all cases, Lavafoshi reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Lavafoshi’s sole discretion, violates the Agreements. Lavafoshi may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Lavafoshi is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST Lavafoshi RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD Lavafoshi HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Lavafoshi Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Lavafoshi Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including Lavafoshi’s agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by Lavafoshi (e.g. podcasts) may contain advertising as part of the Content. The Lavafoshi Service makes such Content available to you unmodified.
If you provide feedback, ideas or suggestions to Lavafoshi in connection with the Lavafoshi Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Lavafoshi to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant Lavafoshi a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
Lavafoshi respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Lavafoshi stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same.
The following is not permitted for any reason whatsoever:
You acknowledge and agree that posting any User Content that violates these User guidelines (or that Lavafoshi reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Lavafoshi account. You also agree that Lavafoshi may reclaim your username for any reason.
Please be thoughtful about how you use the Lavafoshi Service and what you share. The Lavafoshi Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Lavafoshi or across the web, so please use Lavafoshi carefully and be mindful of your account settings. Lavafoshi has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
Lavafoshi respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, If Lavafoshi is notified by a copyright holder, using the forms provided by Lavafoshi, that any Content infringes a copyright, Lavafoshi may in its sole discretion remove such Content from the Service, or take other steps that Lavafoshi deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to Lavafoshi with a request to restore the removed content, which Lavafoshi may or may not honor, in Lavafoshi’s sole discretion.
Lavafoshi will make reasonable efforts to keep the Lavafoshi Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Lavafoshi reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Lavafoshi Service, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Lavafoshi Service or any function or feature thereof. You understand, agree, and accept that Lavafoshi will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. Lavafoshi and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
The Agreements will continue to apply to you until terminated by either you or Lavafoshi. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Lavafoshi may terminate the Agreements or suspend your access to the Lavafoshi Service at any time, including in the event of your actual or suspected unauthorized use of the Lavafoshi Service and/or Content, or non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you with reasonable notice in advance of doing so). If you or Lavafoshi terminate the Agreements, or if Lavafoshi suspends your access to the Lavafoshi Service, you agree that Lavafoshi shall have no liability or responsibility to you, and Lavafoshi will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your Lavafoshi account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law.
Other than as stated in this section or as explicitly agreed upon in writing between you and Lavafoshi, the Agreements constitute all the terms and conditions agreed upon between you and Lavafoshi and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that certain aspects of your use of the Lavafoshi Service may be governed by additional agreements. That could include, for example, access to the Lavafoshi Service as a result of a gift card, free or discounted Trials, or together with other services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms.
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Lavafoshi or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Lavafoshi’s or the applicable third party beneficiary’s right to do so.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
Lavafoshi may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Lavafoshi may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.
You agree to indemnify and hold Lavafoshi harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Lavafoshi Service; and (4) your violation of any law or the rights of a third party.
If you have any questions concerning the Lavafoshi Service or the Agreements, please contact Lavafoshi Customer Service by visiting the About Us section of our website.
Thank you for reading our Terms. We hope you enjoy Lavafoshi!
Lavafoshi Private Limited
H. Coal Field, 6th Floor, Kalhuhuraa Magu