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Copyright © 1994-2010 LIGHTNING MultiCom SA - Usage rules and legal conditions
This is the copyright, terms and conditions page.
Copyright © 2010 Lightning MultiCom SA. All rights reserved.
The
LIGHTNING MultiCom SA Website and E-Mail Services (the "Service") is an
online information and communications service provided by LIGHTNING
MultiCom SA ("LIGHTNING"), subject to your compliance with the terms
and conditions set forth below including, all exhibits hereto. Please
read this document carefully before accessing or using the service. By
accessing or using the service, you agree to be bound by the terms and
conditions set forth below. If you do not wish to be bound by these
terms and conditions, you may not access or use the service. LIGHTNING
may modify this agreement at any time, and such modifications shall be
effective immediately upon posting of the modified agreement. You agree
to review the agreement periodically to be aware of such modifications
and your continued access or use of the service shall be deemed your
conclusive acceptance of the modified agreement.
- Operating Policies. You agree to comply with the Operating Policies set forth in Exhibit A
which are the rules that govern your activity in connection with the
Service as they may be amended by LIGHTNING from time to time.
LIGHTNING has the right but not the obligation to remove any
communications and materials that LIGHTNING believes in its sole
discretion violate the Operating Policies.
- Copyright, Licenses and Idea Submissions.
The entire contents of the Service are copyrighted under the Swiss
copyright laws. The owner of the copyright is LIGHTNING. You may print
and download portions of material from the different areas of the
Service solely for your own non-commercial use. You may make: (a) one
machine readable copy, (b) one backup copy, and (c) one print copy of
any portions of material downloaded from the different areas of the
Service solely for your non-commercial use. Any other copying,
redistribution, retransmission or publication of any downloaded
material, is strictly prohibited without the express written consent of
LIGHTNING or any third party information provider to the Service. You
agree not to change or delete any proprietary notices from materials
downloaded from the Service. You agree to grant to LIGHTNING a
non-exclusive, royalty-free, worldwide, perpetual license, with the
right to sublicense, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation, ideas
contained therein for new or improved products and services) you submit
to public areas of the Service (such as bulletin boards, forums and
newsgroups) by all means and in any media now known or hereafter
developed. You also grant to LIGHTNING the right to use your name in
connection with the submitted materials and other information as well
as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse
against LIGHTNING for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to us.
- Use of the Service.
You understand that, except for information, products or services
clearly identified as being supplied by LIGHTNING, LIGHTNING does not
operate, control or endorse any information, products or services on
the Internet in any way. Except for LIGHTNING-identified information,
products or services, all information, products and services offered
through the Service or on the Internet generally are offered by third
parties that are not affiliated with LIGHTNING. You also understand
that although LIGHTNING makes its best effort to avoid any corrupt
files, LIGHTNING cannot and does not guarantee or warrant that files
available for downloading through the Service will be free of infection
or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Service for the reconstruction of
any lost data. You assume total responsibility and risk for your
use of the service and the Internet. LIGHTNING does not make any
express or implied warranties, representations or endorsements
whatsoever (including without limitation warranties of title or
noninfringement, or the implied warranties of merchantability or
fitness for a particular purpose) with regard to the service, any
merchandise, information or service provided through the service or on
the Internet generally, and LIGHTNING shall not be liable for any cost
or damage arising either directly or indirectly from any such
transaction. It is solely your responsibility to evaluate the accuracy,
completeness and usefulness of all opinions, advice, services,
merchandise and other information provided through the service or on
the Internet generally. LIGHTNING does not warrant that the service
will be uninterrupted or error-free or that defects in the service will
be corrected. The service and the software are provided on an "as is,
as available" basis.
You
understand further that the Internet contains unedited materials some
of which are sexually explicit or may be offensive to you. You access
such materials at your risk. LIGHTNING has no control over and accepts
no responsibility whatsoever for such materials.
In
no event will LIGHTNING be liable for (I) any incidental,
consequential, or indirect damages (including, but not limited to,
damages for loss of profits, business interruption, loss of programs or
information, and the like) arising out of the use of or inability to
use the service, or any information, or transactions provided on the
service or downloaded from the service, even if LIGHTNING or its
authorized representatives have been advised of the possibility of such
damages, or (II) any claim attributable to errors, omissions, or other
inaccuracies in the service and/or materials or information downloaded
through the service. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages, the
above limitation may not apply to you. In such states, LIGHTNING's
liability is limited to the greatest extent permitted by law.
- Indemnification.
You agree to indemnify, defend and hold harmless LIGHTNING, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement or any activity
related to your usage of this service (including negligent or wrongful
conduct) by you or any other person accessing the Service using your
Service account.
- Third Party Rights.
The provisions of paragraphs 3 (Use of the Service), and 4
(Indemnification) are for the benefit of LIGHTNING and its officers,
directors, employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce those provisions
directly you on its own behalf.
- Contents.
Certain of the statements contained on this website are forward-looking
statements that involve a number of risks and uncertainties. Factors
that could cause actual results to differ materially include the
following: business conditions and growth in LIGHTNING's industry and
general economy; competitive factors, risks due to shifts in market
demand; and the risk factors listed from time to time in LIGHTNING's
reports and contracts, as well as assumptions regarding the foregoing.
The words "believe," "estimate," "expect," "intend," "anticipate" and
similar expressions and variations of such expressions identify certain
of such forward-looking statements, which speak only as of the dates on
which they were made. LIGHTNING undertakes no obligation to publicly
update or revise any forward-looking statements, whether as a result of
new information, future events, or otherwise. Readers are cautioned
that any such forward-looking statements are not guarantees of future
performance and involve risks and uncertainties, and that actual
results may differ materially from those indicated in the
forward-looking statements as a result of various factors. Readers are
cautioned not to place undue reliance on these forward-looking
statements.
- Press Releases.
The information contained in the press releases accessible through this
website should be viewed as accurate only on the date the press
releases are rendered. Changes in circumstances could have occurred
from the date of such press releases that might materially affect the
information contained therein.
- Links to other websites.
LIGHTNING has not undertaken any duty with respect to any information
available through websites for which hyperlinks are provided in these
pages and assume no responsibility for the accuracy, completeness or
fairness of the information that may be contained therein.
- Links to LIGHTNING's Website. Anyone linking to LIGHTNING's Web Site must comply with the Exhibit B (Guidelines for Linking to LIGHTNING's Website) and all applicable laws.
- Term; Termination.
This Agreement may be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 2 (Copyright,
Licenses and Idea Submissions), 3 (Use of the Service), 4
(Indemnification), 5 (Third Party Rights) and 7 (Miscellaneous) shall
survive any termination of this Agreement.
- Miscellaneous.
This Agreement shall all be governed and construed in accordance with
the laws of Switzerland applicable to agreements made and to be
performed in Lausanne, Switzerland. You agree that any legal action or
proceeding between LIGHTNING and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction
sitting in Lausanne. Any cause of action or claim you may have with
respect to the Service must be commenced within one (1) year after the
claim or cause of action arises or such claim or cause of action is
barred. LIGHTNING's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any
provision of this Agreement. LIGHTNING may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Exhibit A
OPERATING POLICIES
Your
participation in on-line communications occurs in real time and is not
edited, censored, or otherwise controlled by LIGHTNING. LIGHTNING
cannot and does not screen content provided by users of the Service.
Notwithstanding the foregoing, LIGHTNING reserves the right to monitor
content on the Service and to remove content which LIGHTNING, in its
sole discretion, determines to be harmful, offensive, or otherwise in
violation of these Operating Policies. In order to maintain an
informative and valuable service that meets the needs of the users of
the Service and avoids the harm that can result from disseminating
statements that are false, malicious, violate of the rights of others,
or otherwise harmful, it is necessary to establish the following rules
to protect against abuse
- You may not post or transmit any message anonymously or under a false name.
- You
may not post or transmit any message which is libelous, defamatory or
which discloses private or personal matters concerning any person. You
may not post or transmit any message, data, image or program which is
indecent, obscene or pornographic.
- You
may not post or transmit any message, data, image or program that would
violate the property rights of others, including unauthorized
copyrighted text, images or programs, trade secrets or other
confidential proprietary information, and trademarks or service marks
used in an infringing fashion.
- You may not interfere with other users use of the Service.
- You
may not post or transmit any file which contains viruses, worms,
"Trojan horses" or any other contaminating or destructive features.
- You
may not post or transmit any message which is harmful, threatening,
abusive or hateful. It is not the Service's intent to discourage you
from taking controversial positions or expressing vigorously what may
be unpopular views; however, LIGHTNING reserves the right to take such
action as it deems appropriate in cases where the Service is used to
disseminate statements which are deeply and widely offensive and/or
harmful.
- You
may not post or transmit charity requests, petitions for signatures,
chain letters or letters relating to pyramid schemes. You may not post
or transmit any advertising, promotional materials or any other
solicitation of other users of the Service for goods or services except
in those areas (e.g., a classified bulletin board) that are designated
for such purpose.
- You
may not post or list articles which are off-topic according to the
description of the group or list or send unsolicited mass emailings to
more than twenty-five (25) email users, if such unsolicited emailings
provoke complaints from the recipients.
- You
may not use the facilities and capabilities of the Service to conduct
any activity or solicit the performance of any illegal activity or
other activity which infringes the rights of others.
Exhibit B
GUIDELINES FOR LINKING TO LIGHTNING's WEBSITE.
If you would like to link to LIGHTNING's Website, please read and comply with the following guidelines:
A site that links to LIGHTNING's Web site:
- May link to, but not replicate, LIGHTNING's content.
- Should not create a browser or border environment around LIGHTNING content.
- Should not imply that LIGHTNING is endorsing it or its products
- Should not misrepresent its relationship with LIGHTNING.
- Should not present false information about LIGHTNING's products or services
- Should not use the LIGHTNING logo without permission from LIGHTNING.
- Should not contain content that could be construed as distasteful, offensive or controversial.
- Should contain only content that is appropriate for all age groups.
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