This Copyright Policy and Terms (the “Terms”) governs your school’s (“you” and “your”) access to and use of the LightSail services and software (“Services”) as such relates to all text, documents, images, videos and other works of authorship that are uploaded, posted or submitted to or through the Services by you or anyone acting on your behalf, employed by you or providing services to you (collectively referred to as “Works”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
BASIC TERMS
You are responsible for your use of the Services and for all Works, and for any consequences thereof. The Works will be able to be viewed by other users of the Services as well as by third party service providers. You and anyone acting on your behalf, employed by you or providing services to you must only upload, submit or create Works for which you have all the necessary rights to use, copy, display, perform, modify and distribute such Works. You represent and warrant that you have all the rights, power and authority necessary for all Works. All Works are your responsibility as well as the responsibility of the person who created, posted, uploaded or submitted such Works. Under no circumstances will LightSail be liable for any Works.
RESTRICTIONS
You and anyone acting on your behalf, employed by you or providing services to you may not upload, post, submit or transmit any Works that:
- Infringe any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contain sexually explicit content or pornography;
- Contain hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploit minors;
- Depict unlawful acts or extreme violence;
- Depict animal cruelty or extreme violence towards animals;
- Promote fraudulent schemes; or
- Violate any law.
COPYRIGHT POLICY
LightSail respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If anyone believes that their Work has been copied or used in a way that constitutes copyright infringement, we ask such party to please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification and description of the copyrighted work claimed to have been infringed; (iii) identification and description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) the notice provider’s contact information, including address, telephone number, and an email address; (v) a statement by such party that it has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that the person submitting the notice is authorized to act on behalf of the copyright owner.
If anyone believes that their Work has been removed by mistake or misidentification, we ask such party to please provide LightSail with a written counter-notification containing the following information: (i) a physical or electronic signature; (ii) identification and description of the material that was removed or disabled as a result of mistake or misidentification; (iii) contact information, including address, telephone number, and an email address; (iv) a statement that such party consents to the jurisdiction of the Federal District Court for the judicial district in which such party’s address is located, or if such address is outside of the United States, any judicial district in which LightSail may be found (which includes the United States District Court for the Southern District of New York), and that such party will accept service of process from the person who filed the original copyright notice or an agent of that person; and (v) a statement, under penalty of perjury, that the person submitting the counter-notice has a good faith belief that the material was removed or disabled as a result of mistake or misidentification. Please note that we will send any complete counter-notifications we receive to the person who submitted the original notice. That person may elect to file a lawsuit against the other party for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed materials. Until that time, the Work(s) in question will remain removed.
In addition, we reserve the right to remove Works alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, LightSail will also terminate your or any user’s account if it is determined that there has been repeat infringement. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services and for counter-notices is:
LightSail Inc.
Attn: Copyright Agent
Email: [email protected]
Address: 159 W. 25th Street, Fl. 4, New York, New York 10001
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIGHTSAIL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) ANY WORKS; AND (ii) ANY CONDUCT BY YOU OR ANY OF YOUR EMPLOYEES, AGENTS OR CONTRACTORS ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT LIGHTSAIL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
WAIVER AND SEVERABILITY
The failure of LightSail to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
CONTROLLING LAW AND JURISDICTION
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your location.
All claims, legal proceedings or litigation arising in connection with these Terms and the Services will be brought solely in New York County, New York, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of any government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of applicable federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law).
ENTIRE AGREEMENT
These Terms are the entire and exclusive agreement between LightSail and you regarding Works (excluding any separate agreements you may have with LightSail that are explicitly in addition or in place of these Terms).
We may revise these Terms from time to time. If the revision is material we will notify you. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If there are any questions regarding this copyright policy you may contact us by email to the following address: copyright@