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General Conditions of Use
Welcome to www.luxceleritas.net, www.LightSpeedNetworx.com or
www.LightSpeedIntl.com (collectively, "Website"). This Website is
owned and operated Lt Speed Networks. ("Company") ("we" and "us). In
addition to the Content on the Web Site, the Website provides you
with various opportunities to submit content and participate in
various shopping and community services ("Services"). BY USING OUR
WEBSITE AND THE SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED
IN THESE TERMS OF SERVICE. IF YOU DO NOT
AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE WEBSITE AND
EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE
TERMS OF OUR TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR
CONTINUED USE OF OUR WEBSITE AND ANY AFFILIATE WEBSITES FOLLOWING
THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE
CHANGES. Additional terms and conditions may apply to our mobile
device offerings and to the purchase of products, such as shipping
and return policies. By using this Site, you agree to such terms and
conditions.
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Copyright and Ownership
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Trademarks
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Registration
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User Submissions
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Rules of Conduct for Message Boards and Chat Room
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Your License to Us
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Products, Content and Specifications
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Shipping Limitations
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Accuracy of Information
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Linking to this Website
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Third Party Links
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Inappropriate Material
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Account Security
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User Published Content
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Contests
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Fees
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Access and Interference
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Force Majeure
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Representations and Warranties
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DISCLAIMERS
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LIMITATIONS OF LIABILITY
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Indemnity
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Release
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Termination
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General
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DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
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Entire Agreement
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Additional Assistance
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Copyright Notice
1. Copyright and Ownership
All of the content featured or displayed on the Website, including
without limitation text, graphics, photographs, images, moving
images, sound, and illustrations ("Content"), is owned by Company,
its licensors, vendors, agents and/or its Content providers. All
elements of the Website, including without limitation the general
design and the Content, are protected by trade dress, copyright,
moral rights, trademark and other laws relating to intellectual
property rights. The Services and the Website may only be used for
the intended purpose for which such Website and Services are being
made available. Except as may be otherwise indicated in specific
documents within the Website, you are authorized to view, play,
print and download documents, audio and video found on our Website
for personal, informational, and noncommercial purposes only. You
may not modify any of the materials and you may not copy,
distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer or sell any information or
work contained on the Website. Except as authorized under the
copyright laws, you are responsible for obtaining permission before
reusing any copyrighted material that is available on the Website.
For purposes of these Terms of Service, the use of any such material
on any other web site or networked computer environment is
prohibited. You shall comply with all applicable domestic and
international laws, statutes, ordinances and regulations regarding
your use of the Website and Services. The Website, its Content and
all related rights shall remain the exclusive property of Company or
its licensors unless otherwise expressly agreed. You will not remove
any copyright, trademark or other proprietary notices from material
found on these Website.
2. Trademarks
All trademarks, service marks and trade names of Company used herein
(including but not limited to: the Company name, the Company
corporate logo, the Company Design, and the logo) (collectively
"Marks") are trademarks or registered trademarks of Company or its
affiliates, partners, vendors or licensors. You may not use, copy,
reproduce, republish, upload, post, transmit, distribute, or modify
Company trademarks in any way, including in advertising or publicity
pertaining to distribution of materials on this site, without
Company' prior written consent. The use of Company trademarks on any
other web site or network computer environment is not allowed.
Company prohibits the use of Company trademarks as a "hot" link on
or to any other web site unless establishment of such a link is
approved in advance.
3. Registration
To access certain areas or features of this Website, you may be
asked to register as a member of Light Speed Networks and to provide
the Website with certain information about yourself. We use this
information to improve this Website and to create content that is
more beneficial to our users. We maintain the privacy of your
information as set forth in our Privacy Policy, located at http://www.luxceleritas.net/privacy.htm.
You are responsible for providing the Website with true and accurate
information about yourself as requested. If you provide any
information that is untrue or inaccurate, or which Company
reasonably believes is untrue or inaccurate, Company reserves the
right to suspend or terminate your membership..
4. User Submissions
Company encourages members of the public to submit User Submissions
(defined below) that they have created for consideration in
connection with the Website, sweepstakes and contests, and any
related television programs and wireless and online broadcasts
(collectively, "User Generated Services"). Company does not
encourage, and does not seek User Submissions that result from any
activity that: (i) may create a risk of harm, loss, physical or
mental injury, emotional distress, death, disability, disfigurement,
or physical or mental illness to you, to any other person, or to any
animal; (ii) may create a risk of any other loss or damage to any
person or property; or (iii) may constitute a crime or tort. You
agree that you have not and will not engage in any of the foregoing
activities in connection with producing your submission. Without
limiting the foregoing, you agree that you will not inflict
emotional distress on other people, will not humiliate other people
(publicly or otherwise), will not assault or threaten other people,
will not enter onto private property without permission, and will
not otherwise engage in any activity that may result in injury,
death, property damage, and/or liability of any kind. Company will
reject any submissions in which Company believes, in its sole
discretion, that any such activities have occurred. If notified by a
user of a submission that allegedly violates any provision of this
Agreement, Company reserves the right to determine, in its sole
discretion, if such a violation has occurred, and to remove any such
submission from the Website.
5. Rules of Conduct for Message Boards and Chat
Room
You are solely responsible for any and all Content posted by you on
any Website Message Board or Chat Room. You also are solely
responsible for, and assume any and all risks associated with,
reviewing and/or using any Content posted on Message Boards or Chat
Rooms. We do not endorse, edit, verify, vouch for, or control any
Content posted on this web site by users, and do not guarantee the
accuracy or appropriateness of any Content posted by users. Users
may be held legally liable for any Content posted to this Website,
and may be held legally accountable if the Content they post
include(s) material that infringes any patent, trademark, trade
secret, copyright or any other intellectual property or the
proprietary right(s) of any person or entity. We reserve the right
to monitor any of the Website Message Boards and Chat Rooms at any
time to ensure that these rules are being observed.
By using Website Message Boards and/or Chat Rooms, you may be
exposed to Content which is offensive, indecent or otherwise
objectionable to you. If you believe that any such Content violates
this Agreement, we encourage you to click here and visit our
customer service web site to contact us. We reserve the right to
modify or remove anything submitted, posted, or uploaded to the
Website, at any time for any reason without prior notice. Postings
which violate this Agreement may be deleted upon discovery, and we
reserve the right to terminate or restrict access to this site of
the responsible user(s). However, under no circumstances will
Company be liable for any errors, omissions, or offensive material
contained in any Content posted by users, or for any loss,
liability, claim, damage, or expense (including reasonable
attorney's fees) arising from or in connection with your use of any
Content posted by any users.
You agree not to collect or store personal data about other users
or members, or to submit any message board posting, email, and/or
chat room statement that contains or provides links to:
- Any material that is unlawful, threatening, abusive,
harassing, tortuous, defamatory, invasive of Privacy or
publicity rights, hateful, vulgar, obscene, profane, harmful,
libelous, indecent, racially, ethnically, or otherwise
objectionable (including, but not limited to, posting the
private information of other parties);
- Any material that impersonates any person or entity, or
falsely states or otherwise misrepresents your affiliation with
a person or entity;
- Any false "header" (the legend attached to email messages to
show the message's point of origin, route, and destination),
falsely configured email or otherwise manipulate identifiers in
order to disguise the origin of any Content uploaded, posted,
emailed or otherwise transmitted through the Website. Headers of
email messages may not be removed or altered to conceal email
addresses;
- Any Content that you do not have a right to transmit under
any law or any contractual or fiduciary relationship (such as
inside information, trade secrets, and other proprietary
information and/or confidential information);
- Any material that violates or infringes in any way upon the
rights of others, including, without limitation, any patent,
trade secret, right of privacy, right of publicity, copyright or
trademark rights; this includes "warez" (copyrighted software
that is distributed illegally), "MP3" files of copyrighted
music, copyrighted photographs, text, video, or artwork;
- Any material containing any unsolicited or unauthorized
advertising or commercial solicitation of any kind whatsoever,
including, without limitation, distribution of unsolicited email
using an Light Speed Networks address or containing any
references to Light Speed Networks ("spam"), "junk mail," "chain
letters," "pyramid schemes," or any use of distribution lists to
any person or entity who has not given specific permission to be
included on such a list.
- Any material that contains software viruses or any other
computer code, programs, files, corrupted data, or any other
harmful or damaging component designed to interrupt, impair,
destroy, or limit the functionality or operability of any
computer system, software, hardware, or telecommunications
equipment;
- Any material that constitutes "stalking" or any other form
of harassment of any member or user of the Website or any other
person;
- Any material containing nudity, pornography, or sexual
material of a lewd, vulgar, lascivious, indecent, lecherous or
obscene nature or intent, or that violates local, state,
national, and/or international laws;
- Content that promotes, encourages, or provides instructional
information about any illegal activities or any material which
encourages conduct that would violate any law or give rise to
civil or criminal liability under any law. (including, but not
limited to, "hacking," "cracking," or "phreaking");
- Any raffle, contest, or game requiring payment of a fee or
other consideration by participants;
- Any hate propaganda or hate mongering, swearing, or
fraudulent material or activity;
- Any Content that advertises or promotes any product or
service;
- Any Content that solicits funds, advertisers or sponsors;
- Any Content that disrupts the normal functioning of the Chat
Room or Message Board; or
- Any Content or activity that Company, in its sole
discretion, deems inappropriate for its Message Boards and/or
Chat Rooms.
6. Your License to Us
Unless otherwise stated in the rules or guidelines for the
applicable User Generated Service, user published Content ("User
Submissions") remains the intellectual property of the individual
user. By posting Content on our Website, you expressly grant Company
a nonexclusive, perpetual, irrevocable, royalty-free, worldwide,
fully sub-licensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute,
perform and display such Content and your name, voice, and/or
likeness as contained in your User Submission, in whole or in part,
and in any form throughout the world in any media or technology,
whether now known or hereafter discovered, including all promotion,
advertising, marketing, merchandising, publicity and any other
ancillary uses thereof, and including the unfettered right to
sublicense such rights, in perpetuity throughout the universe. Any
such User Submissions are deemed non-confidential and Company shall
be under no obligation to maintain the confidentiality of any
information, in whatever form, contained in any User Submission.
7. Products, Content and Specifications
All features, content, specifications, products and prices of
products and services described or depicted on this Web site are
subject to change at any time without notice. Certain weights,
measures and similar descriptions are approximate and are provided
for convenience purposes only. We make all reasonable efforts to
accurately display the attributes of our products, including the
applicable colors; however, the actual color you see will depend on
your computer system, and we cannot guarantee that your computer
will accurately display such colors. The inclusion of any products
or services on this Website at a particular time does not imply or
warrant that these products or services will be available at any
time. It is your responsibility to ascertain and obey all applicable
local, state, federal and international laws (including minimum age
requirements) in regard to the possession, use and sale of any item
purchased from this Website or any of our affiliated web sites. By
placing an order, you represent that the products ordered will be
used only in a lawful manner. All videocassettes, DVDs and similar
products sold are for private, home use (where no admission fee is
charged), non-public performance and may not be duplicated.
8. Shipping Limitations
When an order is placed, it will be shipped to an address designated
by the purchaser as long as that shipping address is compliant with
the shipping restrictions contained on this Website. All purchases
from this Website are made pursuant to a shipment contract. As a
result, risk of loss and title for items purchased from this Website
pass to you upon delivery of the items to the carrier. You are
responsible for filing any claims with carriers for damaged and/or
lost shipments.
9. Accuracy of Information
We attempt to ensure that information on this Website is complete,
accurate and current. Despite our efforts, the information on this
Web Site may occasionally be inaccurate, incomplete or out of date.
We make no representation as to the completeness, accuracy or
currency of any information on this Website. For example, products
included on this Website may be unavailable, may have different
attributes than those listed, or may actually carry a different
price than that stated on this Website. In addition, we may make
changes in information about price and availability without notice.
While it is our practice to confirm orders by email, the receipt of
an email order confirmation does not constitute our acceptance of an
order or our confirmation of an offer to sell a product or service.
We reserve the right, without prior notice, to limit the order
quantity on any product or service and/or to refuse service to any
customer. We also may require verification of information prior to
the acceptance and/or shipment of any order.
10. Linking to this Website
Creating or maintaining any link from another Website to any page on
this Website without our prior written permission is prohibited.
Running or displaying this Website or any information or material
displayed on this Website in frames or through similar means on
another Web site without our prior written permission is prohibited.
Any permitted links to this Website must comply with all applicable
laws, rule and regulations.
11. Third Party Links
From time to time, this Website may contain links to Web sites that
are not owned, operated or controlled by Company or its affiliates.
All such links are provided solely as a convenience to you. If you
use these links, you will leave this Website. Neither we nor any of
our respective affiliates are responsible for any content, materials
or other information located on or accessible from any other Web
site. Neither we nor any of our respective affiliates endorse,
guarantee, or make any representations or warranties regarding any
other Web sites, or any content, materials or other information
located or accessible from any other Web sites, or the results that
you may obtain from using any other Web sites. If you decide to
access any other Web sites linked to or from this Website, you do so
entirely at your own risk.
12. Inappropriate Material
You are prohibited from posting or sending any unlawful,
threatening, defamatory, libelous, obscene, pornographic or profane
material or any material that could constitute or encourage conduct
that would be considered a criminal offense or give rise to civil
liability, or otherwise violate any law. Such violations may subject
the sender and his or her agents to civil and criminal penalties.
You further understand and agree that sending unsolicited email
advertisements to any user of the Website or the Website or through
Voice computer systems is expressly prohibited by these Terms of
Service. Any such unauthorized use of our computer systems is a
violation of these Terms of Service and applicable "anti-spam" laws.
In addition to any remedies that we may have at law or in equity, if
we determine, in our sole discretion, that you have violated or are
likely to violate the foregoing prohibitions, we may take any action
we deem necessary to cure or prevent the violation, including
without limitation, the immediate removal of the related materials
from this Web Site. We will fully cooperate with any law enforcement
authorities or court order or subpoena requesting or directing us to
disclose the identity of anyone posting such materials.
13. Account Security
You are entirely responsible for the security and confidentiality of
your password and account. Furthermore, you are entirely responsible
for any and all activities that occur under your account. You agree
to immediately notify us of any unauthorized use of your account or
any other breach of security of which you become aware. You are
responsible for taking precautions and providing security measures
best suited for your situation and intended use of the Services and
Web Site. We have the right to provide user billing, account,
Content or use records, and related information under certain
circumstances (such as in response to legal responsibility, lawful
process, orders, subpoenas, or warrants, or to protect our rights,
customers or business). Please note that anyone able to provide your
personally identifiable information will be able access your account
so you should take reasonable steps to protect this information.
14. User Published Content
User published Content does not represent the views of Company or
any individual associated with Company, and we do not control this
Content. In no event shall you represent or suggest, directly or
indirectly, Company's endorsement of user published Content. Company
does not vouch for the accuracy or credibility of any user published
Content on our Web Site, and does not take any responsibility or
assume any liability for any actions you may take as a result of
reading user published Content on our Web Site. Through your use of
the Web Site and Services, you may be exposed to Content that you
may find offensive, objectionable, harmful, inaccurate or deceptive.
There may also be risks of dealing with underage persons, people
acting under false pretense, international trade issues and foreign
nationals. By using our Web Site, you assume all associated risks.
15. Contests
To be eligible for contests, User Submissions must be uploaded
during the applicable contest period, as specified in the contest
rules on this Web Site. No purchase of any kind is necessary to
participate in a contest. Contest winners will be selected, at
Company's sole and exclusive discretion, from among the eligible
User Submissions in accordance with the procedures set forth in the
contest rules. The chances of winning are determined by the number
of valid entries, which is unknown. Unless otherwise stated in the
contest rules, you must be at least eighteen (18) years of age to be
eligible. Employees or agents of Company, its parent company,
subsidiaries, divisions, affiliates, advertising agencies and
members of the immediate families of each are not eligible to enter
any Company contest. Only User Submissions which are the original
work of the participant are eligible, and the participant must have
exclusive rights to all intellectual property associated with the
User Submission as well as the consent of each natural person that
is recognizable in the User Submission. To be eligible for any
contest, you must supply a valid email address at the time your User
Submission is uploaded. If requested by Company, prizewinners agree
to submit proof of eligibility, a manually signed version of this
Agreement, a Consent and Release Form for each person shown or
depicted in the winning User Submission, and/or appropriate tax
forms. If you are chosen as the winner of a contest, you hereby
consent to the use of your image, voice, likeness and persona
without compensation for any and all publicity and advertising
purposes, and you hereby release Company from any and all claims
arising from such use. If you fail to provide such information,
documentation or consent, Company reserves the right to deny you any
prize winnings and award them to another participant. Any contest is
void where prohibited by law and is subject to federal, state and
local rules and regulations. Prize winners are responsible for all
taxes associated with contest prizes. Contests are offered, if ever,
at the sole discretion of Company, during the periods posted on the
Web Site and under the terms and conditions of this Agreement and
any additional rules and guidelines that may be published in the
contest rules posted on the Web Site. Participants are required to
check published rules and guidelines weekly for changes. If at any
time Company is unable to operate any contest as planned (for
example due to financial or administrative difficulties, fraud or
technical failure such as a computer virus/bug or other form of
unauthorized intervention that corrupts the administration,
security, fairness, integrity or proper conduct of any contest),
Company reserves the right, in its sole discretion, to suspend,
modify or terminate such contest. In the event of any such
termination prior to the end of the contest term, notice of such
termination will be posted on the Web Site. Company assumes no
responsibility for lost, late, incomplete, misdirected, illegible or
postage due contest submissions.
16. Fees
For all charges for any products and services sold on the Web Site,
Company will bill your credit card or alternative payment method
offered by Company. In the event legal action is necessary to
collect on balances due, you agree to reimburse Company for all
expenses incurred to recover sums due, including attorneys' fees and
other legal expenses. You are responsible for purchase of, and
payment of charges for, all Internet access services and
telecommunications services needed for use of this Web Site.
17. Access and Interference
You agree that you will not use any robot, spider, scraper or other
automated means to access the Web Site for any purpose without our
express written permission. Additionally, you agree that you will
not:
- take any action that imposes, or may impose in our sole
discretion an unreasonable or disproportionately large load on
our infrastructure;
- interfere or attempt to interfere with the proper working of
the site or any activities conducted on the Web Site; or
- bypass any measures we may use to prevent or restrict access
to the Web Site.
18. Force Majeure
Neither Company nor you shall be responsible for damages or for
delays or failures in performance resulting from acts or occurrences
beyond their reasonable control, including, without limitation:
fire, lightning, explosion, power surge or failure, water, acts of
God, war, revolution, civil commotion or acts of civil or military
authorities or public enemies: any law, order, regulation,
ordinance, or requirement of any government or legal body or any
representative of any such government or legal body; or labor
unrest, including without limitation, strikes, slowdowns, picketing,
or boycotts; inability to secure raw materials, transportation
facilities, fuel or energy shortages, or acts or omissions of other
common carriers.
19. Representations and Warranties
You shall be solely responsible for your own User Submissions and
the consequences of posting or publishing them. In connection with
User Submissions, you affirm, represent and warrant the following:
- You are over the age of 18 and have the right and authority
to enter into this Agreement, and are fully able and competent
to satisfy the terms, conditions and obligations therein;
- You have obtained all consents, and possess all copyright,
patent, trademark, trade secret and any other proprietary
rights, or the necessary licenses thereto, to grant the license
in Section 3;
- if necessary you have the written consent of each and every
identifiable natural person in the User Submission to use such
persons name or likeness in the manner contemplated by the Web
Site and this Agreement, and each such person has released you
from any liability that may arise in relation to such use;
- You have read, understood, agree with, and will abide by the
terms of this agreement;
- You are not, and have not been an agent of Company and were
not and are not acting on behalf of, or as a representative of,
Company or any other party in connection with the User
Submission;
- the User Submission and Company use thereof as contemplated
by this Agreement and the Company website will not infringe any
rights of any third party, including but not limited to any
Intellectual Property Rights, privacy rights and rights of
publicity;
- You are not, nor is any other person who appears in your
User Submission, a current member of the Screen Actors Guild
(SAG), the American Federation of Television and Radio Actors (AFTRA)
or any other rights society;
- You have not and will not engage in any of the following in
connection with the production of, your appearance in, or
contribution(s) to your User Submission: infliction of injury to
any person or animal, humiliation of any person (whether public
or private), infliction of emotional distress on any person,
assault or battery of any person, damage to any property without
permission, entry on any property without permission, or any
other act or omission that could give rise to civil and/or
criminal liability;
- The User Submission does not contain:
- material falsehoods or misrepresentations that could
harm Company or any third party;
- content that is unlawful, obscene, defamatory, libelous,
threatening, pornographic, harassing or encourages conduct
that would be considered a criminal offense, give rise to
civil liability or violate any law;
- advertisements or solicitations of business; or
- impersonations of third parties, other than those which
are readily apparent.
20. DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS
AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS
IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER COMPANY, NOR ANY
OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE
INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS
WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR
THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER COMPANY, NOR
ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO
UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING
EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE
ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE
MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY
IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED
OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL
LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO
NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER
PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR
MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS
"CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION
IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO
NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR
LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
21. LIMITATIONS OF LIABILITY
Company does not assume any responsibility, or will be liable, for
any damages to, or any viruses that may infect, your computer,
telecommunication equipment, or other property caused by or arising
from your access to, use of, or browsing this Web Site, or your
downloading of any information or materials from this Web Site. IN
NO EVENT WILL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY
PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS
WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE
RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE,
OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL
SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY
OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE
LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM
THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF
LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER
TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU
AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE
EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE
PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE
REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR
SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR
SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT
OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES
POSTED ON THIS WEBSITE. IN NO EVENT SHALL COMPANY'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 GREATER OF
- TWENTY FIVE DOLLARS ($25.00) OR
- THE VALUE OF YOUR PURCHASE ON THE WEBSITE.
22. Indemnity
You agree to defend, indemnify and hold Company and any affiliated
company or individual harmless from any and all liabilities, costs,
and expenses, including reasonable attorneys' fees, related to or in
connection with (i) the use of the Web Site or the Internet or your
placement or transmission of any message or information on this Web
Site by you or your authorized users; (ii) your violation of any
term of this Agreement, including without limitation, your breach of
any of the representations and warranties above; (iii) your
violation of any third party right, including without limitation any
right of privacy, publicity rights or Intellectual Property Rights;
(iv) your violation of any law, rule or regulation of the United
States or any other country; (v) any claim or damages that arise as
a result of any User Submission that you provide to Company; or (vi)
any other party's access and use of the Web site with your unique
username, password or other appropriate security code.
23. Release
In the event that you have a dispute with one or more other users of
the Web Site, you release Company (and our officers, directors,
agents, parent, subsidiaries, joint ventures and employees) from
claims, demands and damages (actual and consequential) of every kind
and nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such
disputes.
24. Termination
You or we may suspend or terminate your account or your use of this
Web Site at any time, for any reason or for no reason. You are
personally liable for any orders placed or charges incurred through
your account prior to termination. We may also block your access to
our Web Site in the event that
- you breach these Terms of Service;
- we are unable to verify or authenticate any information you
provide to us; or
- we believe that your actions may cause financial loss or
legal liability for you, our users or us.
25. General
Any claim relating to, and the use of, this Site and the materials
contained herein is governed by the laws of California. You consent
to the exclusive jurisdiction of the state and federal courts
located in Los Angeles, California. A printed version of these Terms
and Conditions will be admissible in judicial and administrative
proceedings based upon or relating to these Terms and Conditions to
the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. This Web Site is controlled and operated by Company from its
offices within the State of California, United States of America,
and is intended for use only by residents of the United States, its
territories and possessions. Company makes no representations or
warranties that the Content of this Web Site is appropriate or
lawful in any foreign countries, or that any items offered for sale
on the Web Site will be available outside the United States. Those
who choose to access this Web Site from other locations do so on
their own initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable.
We do not guarantee continuous, uninterrupted or secure access to
our Web Site or Services, and operation of the Web Site may be
interfered with by numerous factors outside of our control. If any
provision of these Terms of Service is held to be invalid or
unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. You agree that these terms of service
and all incorporated agreements may be automatically assigned by
Company in our sole discretion. Headings are for reference purposes
only and in no way define, limit, construe or describe the scope or
extent of such section. Our failure to act with respect to a breach
by you or others does not waive our right to act with respect to
subsequent or similar breaches. These terms of service set forth the
entire understanding and agreement between us with respect to the
subject matter hereof. 11 (Access and Interference), 12 (License),
13 (Release), 15 (Liability Limit), and 16 (Indemnity) shall survive
any termination or expiration of this Agreement.
26. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA")
NOTICE
In operating the Website, we may act as a "services provider" (as
defined by DMCA) and offer services as online provider of materials
and links to third party Websites. As a result, third party
materials that we do not own or control may be transmitted, stored,
accessed or otherwise made available using the Web Site. Company has
in place certain legally mandated procedures regarding allegations
of copyright infringement occurring on the Web Site. Company has
adopted a policy that provides for the immediate removal of any
content or the suspension of any user that is found to have
infringed on the rights of Company or of a third party, or that has
otherwise violated any intellectual property laws or regulations, or
any of the terms and conditions of this Agreement. If you believe
any material available via the Web Site infringes a copyright, you
should notify us using the notice procedure for claimed infringement
under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond
expeditiously to remove or disable access to the material claimed to
be infringing and will follow the procedures specified in the DMCA
to resolve the claim between the notifying party and the alleged
infringer who provided the Content. Our designated agent (i.e.,
proper party for notice) to whom you should address infringement
notices under the DMCA is:
Business & Legal Affairs
Light Speed Networks
569 Fireside Ct.
Walnut Creek, CA 94598
Email:
Sales@luxceleritas.net
Please provide the following notice:
- Identify the copyrighted work or other intellectual property
that you claim has been infringed;
- Identify the material on the Site that you claim is
infringing, with enough detail so that we may locate it on the
Site;
- A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its
agent, or the law;
- A statement by you declaring under penalty of perjury that
- the above information in your notice is accurate, and
- that you are the owner of the copyright interest
involved or that you are authorized to act on behalf of that
owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
We may give notice to our users of any infringement notice by
means of a general notice on any of our websites, electronic mail to
a user's email address in our records, or by written communication
sent by first-class mail to a user's physical address in our
records. If you receive such an infringement notice, you may provide
counter-notification in writing to the designated agent that
includes the information below. To be effective, the
counter-notification must be a written communication that includes
the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to
which access has been disabled, and the location at which the
material appeared before it was removed or access to it was
disabled;
- A statement from you under the penalty of perjury, that you
have a good faith belief that the material was removed or
disabled as a result of a mistake or misidentification of the
material to be removed or disabled; and
- Your name, physical address and telephone number, and a
statement that you consent to the jurisdiction of a Federal
District Court for the judicial district in which your physical
address is located, or if your physical address is outside of
the United States, for any judicial district in which we may be
found, and that you will accept service of process from the
person who provided notification of allegedly infringing
material or an agent of such person.
27. Entire Agreement
These terms and conditions are the entire agreement between the user
and Company and supersedes any prior understandings or agreements
(written or oral).
28. Additional Assistance
If you do not understand any of the foregoing Terms and Conditions
or if you have any questions or comments, we encourage you to
click here and visit our customer service Website to contact us.
29. Copyright Notice
All Web Site design, graphics, text selections, arrangements, and
all software are Copyright © 2001-2008, Light Speed Networks. ALL
RIGHTS RESERVED.
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