Terms of Use

By accessing or using any page of this website, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not access or use any page of the website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the website following the posting of changes to these terms will mean you accept those changes. 

LIGHTSAIL INC.

This website is owned and operated by LightSail Inc. (“LightSail”), a Delaware corporation with offices at 85 Broad Street, 18th floor, New York, NY 10004. References to “LightSail,” “We,” “Us” and “Our” may be construed as references to LightSail and its parents, subsidiaries or divisions.

TRADEMARKS.

All LightSail brands and trademarks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are subject to the intellectual property rights of LightSail and neither they nor any confusingly similar versions may be used by you including (but not limited to) as part of any trademarks and/or domain names without Our prior written consent.

OWNERSHIP OF CONTENT.

Unless otherwise noted, all materials, including, but not limited to, articles, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the website (collectively, the “Content”) are protected by copyright and owned, controlled or licensed by Us or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the website.

PERMITTED USE OF CONTENT.

Unless We have agreed in writing to the contrary when you use the website and/or the Content you shall only view it on a computer screen or print out a single copy of it (and not make or permit any further copying of it). For the avoidance of doubt, you agree not to distribute, reproduce, modify, store, transfer or in any other way use any of the Content (including as part of any database, library, news, information, archive, website or similar service) other than as permitted in these terms of use.

PROHIBITED USE OF CONTENT.

Unless We have agreed in writing to the contrary you agree that you will not use the website and/or any of the Content:

in conjunction with any robot, spider, other automatic device, or manual process that enables you to monitor or copy the website pages or the Content;
on any other website or networked computer environment;
to create a database (electronic or otherwise);
to promote or encourage the sale of your goods/services or those of any third party;
to solicit other guests or users of the website to join or become members of any commercial online or offline service or other organization;
by transmitting or re-circulating it to any third party (other than as specifically permitted by these terms of use);
in any way that involves removing copyright or trademark notice(s);
to disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
to disseminate any material which is or may infringe the rights (including intellectual property rights) of any third party or which is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy, or which may restrict or inhibit the use of the website and/or any of the Content by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability;
to disseminate any material which does or may bring LightSail or any of its brands into dispute or in any way damage their reputation;
to disseminate any material that may interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data; or
to post link(s) that take users to material that contravenes any of the above restrictions.

USAGE BY CHILDREN UNDER 13.

The website is directed to adults and is not directed to children under the age of 13. We cannot prohibit minors from visiting the website so We must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. We comply with the Children’s Online Privacy Protection Act and will not knowingly collect personally identifiable information from anyone under 13.

PRIVACY.

Certain information about you is subject to Our privacy policy. For more information, see our privacy policy at lightsailed.com/legal, which is incorporated in full herein by reference.

SOFTWARE.

Copyright in any software that is made available for download from the website and/or the Content belongs to Us or Our suppliers. Your use of any such software is governed by the terms of any license agreement that may accompany or be included with it. Do not install or use any software unless you agree to such license agreement.

INDEMNIFICATION.

You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation or alleged violation of these terms of use or your use of the website.

NON-TRANSFERABILITY.

Your right to use this website is not transferable. Any right given to you to access the website and/or obtain information is not transferable.

JURISDICTION.

Unless otherwise specified, the Content on the website is presented solely for the purpose of providing information about and promoting products and services available in the United States its territories, possessions, and protectorates. LightSail makes no representation that Content on the website is appropriate, applicable or available for use in other locations. Those who choose to access the website from other locations do so on their own initiative and are responsible for establishing the usability or correctness of any information or Content under any or all jurisdictions and the compliance of that information or Content with local laws, if and to the extent local laws are applicable.

TERMINATION.

These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all Content obtained from any and all website(s) and all related documentation and all copies and installations thereof, whether made under these terms or otherwise, and thereafter refraining from making any use of the website or the Content. The privileges granted to you by these terms will terminate immediately without notice from Us if, in Our sole discretion, you fail to comply with any provision of these terms. Upon termination, you must destroy all Content obtained from the website and all copies thereof, whether made under these terms or otherwise and thereafter refrain from making any use of the website or the Content. We may take such further action as We determine to be appropriate under the circumstances to eliminate or preclude repeat violations, and We shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from Our exercise of Our rights under these terms of use.

DISCLAIMERS.

THE CONTENT IN THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LIGHTSAIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. LIGHTSAIL DOES NOT WARRANT THAT THE WEBSITE AND CONTENT WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LIGHTSAIL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LIGHTSAIL BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT ON THE WEBSITE, EVEN IF LIGHTSAIL OR A LIGHTSAIL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LIGHTSAIL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.

OTHER PRODUCTS OR SERVICES.

Any reference made by the website to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by Us. Content on the website may be provided by third parties. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of LightSail.

LINKS TO OTHER WEBSITES AND SERVICES

To the extent that the website contains links to outside services and resources, We do not control the availability and content of those outside services and resources. These links are provided solely for your convenience. If you use these links, you leave the website. LightSail does not endorse or make any representations about these third party sites, or any material found on them, or any results that may be obtained from using them. If you decide to access any of these third party websites you do so entirely at your own risk. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

LINKS FROM OTHER WEBSITES

You may link to any page of the website subject to the following conditions:

you do not replicate the home page of the website;
you do not create a frame or any other browser or border environment around the website;
you do not in any way imply any endorsement by LightSail other than with its written consent or misrepresent your relationship with LightSail;
you do not use any logos or trademarks displayed on the website without the express written permission of LightSail;and
the linking website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

OTHER

These terms shall be governed by and construed in accordance with the laws of the State of New York. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the federal or state courts located in New York County, New York, and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by Us. To the extent that anything in or associated with the website is in conflict or inconsistent with these terms of use, these terms of use shall take precedence. Our failure to enforce any provision of these terms of use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

LAST UPDATED: MARCH 12, 2014

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