Legal Information.
General Terms & Conditions
Lightsand Technologies has made every possible effort to ensure the accuracy of all the information contained on this website. Notwithstanding our commitment to provide accurate and updated information, this website should not be considered a strict reflection of everything offered by Lightsand Technologies.
All copyright, trademarks and all other intellectual property rights, including databases on the website and its content, are the property of Lightsand Technologies or authorised for its use. It is prohibited to copy, reproduce, re-edit, publish, broadcast or transmit any text, image, graphic, logotype, icon or software code that appears on the website for any public or private purpose, without the prior written authorisation of Lightsand Technologies.
It is forbidden to adapt, modify or recreate any of the information or materials that appear on this website or to utilise them for any purpose that is not strictly personal and not-for-profit. The user also accepts to access and use the website only for lawful purposes.
Due to the inherent nature of the internet, errors, interruptions and delays may occur in the service at any time. Accordingly, this website is provided without any warranties of any kind and Lightsand Technologies does not accept any liability arising from any interruption to the website whatsoever.
Nothing in these Terms of Use shall restrict or exclude any liability that Lightsand Technologies has to any party that cannot be excluded by law.
Lightsand.com: Terms of Use
Welcome to www.lightsand.com (together with its subdomains, Content, Marks and services, the “Site”).
Please read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to Lightsand Technologies. ("Lightsand Technologies", "we", "our" or "us").
By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (collectively, the "Terms").
You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms please do not access or use the Site.
- Background. The Site is intended to provide visitors of the Site with information and Content about our products and services as well as general information and news related to network technologies and disaster recovery space.
- Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following the posting of the revised Terms on the Site, and your continued use of the Site thereafter constitutes your acceptance of those changes.
- Ability to Accept Terms: The Site is only intended for individuals aged eighteen (18) years or older. If you are under eighteen (18) years please do not visit or use the Site.
- Site Access: For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.
- Restrictions: As a condition to your right to access and use the Site, you shall not (and shall not permit or encourage any third party to) do any of the following:: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site; (vi) make a derivative work of the Site, or use the Site to develop any service or product that is the same as (or substantially similar to or competitive with) the Site; (vii) publish or transmit any robot, virus, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Site; (viii) take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionately large load on the Site infrastructure, or otherwise interfere (or attempt to interfere) with the integrity or proper working of the Site; and/or (ix) use the Site to infringe, misappropriate or violate any third party's Intellectual Property Rights (as defined below), or any law.
- Intellectual Property Rights:
- Content and Marks: The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Content"), (ii) the trademarks, service marks and logos contained therein ("Marks"), are the property of Lightsand Technologies and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Lightsand Technologies”, the Lightsand Technologies logo, and other marks are Marks of Lightsand Technologies or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
- Use of Content: Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein. In any event you wish to use, publish, copy, distribute, transmit, broadcast, display or otherwise exploit such Content, please be in touch with us at info@lightsand.com in order to receive our written consent.
- Information Description: We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
- Links:
- The Site may contain links, and may enable you to post content, to third party websites that are not owned or controlled by Lightsand Technologies. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release Lightsand Technologies from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.
- Lightsand Technologies permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Lightsand Technologies or present any false information about Lightsand Technologies and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website ("Third Party Website") which prohibites linking to third parties; (v) such Third party Website does not contain content that: (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
- Privacy: We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
- Third Party Content: The Site may present, or otherwise allow you to view, access, link to, and/or interact with, Content from third parties and other sources that are not owned or controlled by us (such Content, "Third Party Content"). The Site may also enable you to communicate with the related third parties. The display or communication to you of such Third Party Content does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by us of such Third Party Content or third party, or by such third party of us, and nor any affiliation between us and such third party. We do not assume any responsibility or liability for Third Party Content, or any third party's terms of use, privacy policies, actions, omissions, or practices. Please read the terms of use and privacy policy of any third party that you interact with before you engage in any such activity.
- Warranty Disclaimers:
- This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
- THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. LIGHTSAND TECHNOLOGIES HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. LIGHTSAND TECHNOLOGIES DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT LIGHTSAND TECHNOLOGIES WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
- EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, LIGHTSAND TECHNOLOGIES DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
- Limitation of Liability:
- TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LIGHTSAND TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF LIGHTSAND TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LIGHTSAND TECHNOLOGIES FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE THE SITE EXCEED: (A) THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO LIGHTSAND TECHNOLOGIES FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM, OR (B) TEN US DOLLARS ($10), WHICHEVER IS HIGHER.
- Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or of other damages, and to the extent applicable to you, such exclusions and limitations shall not apply. Furthermore, nothing in this Agreement shall be deemed to exclude or limit liability for death or personal injury resulting from negligence, or for fraud or fraudulent misrepresentation
- Indemnity: You agree to defend, indemnify and hold harmless Lightsand Technologies and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; or (ii) your violation of these Terms.
- Term and Termination: These Terms are effective until terminated by Lightsand Technologies or you. Lightsand Technologies, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Lightsand Technologies shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 15 and Sections 8 (Intellectual Property Rights), 11 (Privacy), 13 (Warranty Disclaimers), 14 (Limitation of Liability), 15 (Indemnity), and 17 (Independent Contractors) to 20 (General) shall survive termination of these Terms.
- Independent Contractors: You and Lightsand Technologies are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Lightsand Technologies. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Lightsand Technologies.
- Assignment: These Terms, and any rights and licenses granted here under, may not be transferred or assigned by you but may be assigned by Lightsand Technologies without restriction or notification to you. Any prohibited assignment shall be null and void.
- Governing Law: Lightsand Technologies reserves the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and Lightsand Technologies shall be governed by and construed in accordance with the laws of EU, without regard to its principles of conflict of laws.
- General: These Terms shall constitute the entire agreement between you and Lightsand Technologies concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Except as may be expressly stated otherwise in this Agreement, no right or remedy conferred upon or reserved by any party under this Agreement is intended to be, or shall be deemed, exclusive of any other right or remedy under this Agreement, at law or in equity, but shall be cumulative of such other rights and remedies. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.