Terms of Service
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Copyright And Trademark Information
Copyright © 2024 LightRay, Inc All rights
reserved.
This website (this “Website”), and the
information which it contains, such as text, graphics, images, data, reports, links, information
obtained from LightRay’s licensors, services and other material and Deliverables (as defined
below) contained on this Website or provided through Services (as defined below) made available
on the Website (collectively, “Content”) are the property of LightRay, its affiliates and its
licensors, and are protected from unauthorized copying and dissemination by United States
copyright law, trademark law, international conventions, database and other intellectual
property rights. You must not copy, transmit, modify, distribute, make available to the public
or create any derivative works from any of the content that you find on the Services for
commercial purposes without first obtaining our consent to do so. By way of example only, and
not as a limitation, “LightRay” and the LightRay logo are registered trademarks of LightRay
Inc., under the applicable laws of the United States and/or other countries. Other LightRay
product or service names or logos appearing on this Website are either trademarks or registered
trademarks of LightRay Inc. and/or its affiliates. The absence of a product or service name or
logo from this list does not constitute a waiver of LightRay’s trademark or other intellectual
property rights concerning that name or logo.
You may not (and may not allow any third
party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to
access the Services by any means other than through the interface that is provided by us for use
in accessing the Services. Any rights not expressly granted herein are reserved. All other
product names are trademarks or registered trademarks of their respective owners.
Services, Subscriptions and Fees
Services Available Through this Website
LightRay makes available certain services and features via this Website
(each a “Service” and collectively, “Services”). Depending on the Service, such Service may be
(1) publicly accessible without any purchase of the Service required; (2) accessible only to
those who have purchased the Service; or (3) accessible to only those who have subscribed to
that Service for a fee. By using this Website, you agree to only use the Service or Services
that are publicly accessible or that You have purchased or to which You have subscribed. If You
choose to use, purchase or subscribe to one of LightRay’s Services as may be made available from
time to time, additional terms and conditions may be imposed by LightRay via a separate click
through or signed agreement.
Rights to Use Website and Services
Your right to use the Website and Services is limited in scope,
revocable, personal, non-transferable and non-exclusive. Provided that You comply at all times
with these Terms and Conditions and any separate agreement between You and LightRay, and subject
to the limitations set forth herein, LightRay will provide You with access to the Website and,
to the extent You subscribe or purchase Services. You are responsible for obtaining any
equipment and Internet service necessary to access the Website and Services.
Deliverables
Numerous reports, data and other services are offered at the Website
for additional fees. All terms used but not defined herein are set forth on the Website. You
hereby covenant to ensure that all users that gain access to the Website and/or the Services
from You are bound by these terms. Except as expressly set forth in this Agreement or other
written agreement between You and LightRay, no license or other right in or to the Website,
Services or Content are granted to You, by implication, estoppel, or otherwise, and all such
licenses and rights are hereby reserved.
Fees
You shall pay all fees or charges to Your account with LightRay in
accordance with the fees, charges, and billing terms in effect at the time You subscribe to the
Services or that You order the applicable Content from the Services. You shall be responsible
for any and all use, sales or other taxes arising from Your use of any Deliverables or Services
provided by LightRay or its third-party suppliers.
Login Credentials
If LightRay provides You with a username and/or password (“Login
Credentials”), You agree that You are responsible for protecting Your Login Credentials from
unauthorized use, and You are responsible for all activity that occurs under those Login
Credentials. You agree to notify us immediately if You believe that any of Your Login
Credentials has been or may be used without Your permission so that appropriate action can be
taken. LightRay is not responsible for any loss or damage caused by, or expense incurred by You
as a result of, your failure to safeguard Your Login Credentials.
Term
Your subscription to Services or access to paid Content shall commence
on the date You first used the Services or download or otherwise receive such Content and shall
continue for the period of time for which You have subscribed to the Services, unless earlier
terminated or extended pursuant hereto.
Use Of Content
You may view, copy, download, and print
Content, subject to the following conditions: (i) the Content may be used solely for Your
internal informational purposes, and no part of the Website, Services, or Content may be
reproduced, transmitted or otherwise distributed in any form, by any means, electronic or
mechanical, including photocopying and recording for any other purpose and (ii) copyright,
trademark and other proprietary notices may not be removed from any Content or other materials
obtained from the Services.
Any special rules for the use of certain
Content accessible through subscription services on this Website may be included elsewhere
within the Website and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright
under both United States and foreign laws. Title to the Content remains with LightRay or its
licensors. Except as expressly set forth in these Terms and Conditions or other click through or
written agreement between You and LightRay, no license or other right in or to this Website or
Content are granted to You, by implication, estoppel, or otherwise, and all such licenses and
rights are hereby reserved. Any use of the Content not expressly permitted by these Terms and
Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and
other laws. Content and features are subject to change or termination without notice in the sole
discretion of LightRay. You shall not:
Modify, adapt or create derivative works based on the Website, the
Services available from LightRay or the Website’s Content;
“Scrape”, “crawl”, “frame” or “mirror” any Content or create
Internet “links” to or from the Website;
Disassemble, reverse engineer, or decompile the Services provided
via this Website or Content, or access the Website or Content in order to build a competitive
product or service, build a product or service using similar ideas, features, functions or
graphics, or copy any ideas, features, functions or graphics;
Use, intentionally or unintentionally, the Services or any of
content therein, in a manner that constitutes an infringement of our rights or the rights of
other users or third parties or that is contrary to or in violation of any applicable
international, national, federal, state, or local law, rule, or regulation having the force of
law;
Modify, merge, copy, reproduce, download, export, duplicate, store,
disseminate, distribute, transfer, display, disassemble, reverse engineer, tamper with, or
otherwise attempt to decrypt or derive content, source code, any trade secrets or any
proprietary information or create any applications or any derivative works thereof, or
otherwise exploit the Services or any portion thereof, without our prior written
authorization;
Attempt to gain unauthorized access to the Services or the server on
which the Services are stored, or any server, computer or database connected to the Services;
or attempt to circumvent any restrictions imposed on your use or access of the Services;
Use any robot, spider, other automatic software or device, or manual
process to monitor or copy content, or use any framing techniques to include any portion of
the Services, without our prior written authorization;
If You violate any of these Terms and
Conditions, your permission to use the Content automatically terminates and You must immediately
destroy any copies You have made of any portion of the Content.
Notice And Take Down Procedures;
Copyright Agent
If You believe any materials accessible
on or from this Website infringe Your copyright, you may request removal of those materials (or
access thereto) from this Website by contacting LightRay’s copyright agent (identified below)
and providing the following information:
LightRay Copyright Agent, 8375 West 200 South, Suite 225, Salt Lake
City, Utah, 84101, USA
Identification of the copyrighted work or infringing material that
You believe to be infringed. Please describe the work, and where possible include a copy or
the location (e.g., URL) of an authorized version of the work.
Your name, address, telephone number and (if available) e-mail
address.
In an effort to protect the rights of copyright owners, LightRay
maintains a policy for the termination, in appropriate circumstances, of subscribers and
account holders of this Website who are repeat infringers.
Indemnity
You agree to indemnify, defend and hold harmless LightRay, its
affiliates, officers, directors, employees, consultants, agents, representatives, licensors, and
suppliers, from any and all claims, losses, liability, damages and/or costs (including
reasonable attorneys’ fees and costs) arising out of or relating to (1) Your use of the Website,
Services and/or Content; (2) Your violation of these Terms and Conditions, including without
limitation any representations and warranties hereunder and any agreements incorporated by
reference; and/or (3) Your infringement, or infringement by any other user of Your account(s),
of any intellectual property or other right of any person or entity.
Enforcement Of Terms and Conditions
These Terms and Conditions are governed
and interpreted pursuant to the laws of the State of New York, United States of America, without
reference to its conflicts of law principles, to the extent such principles would apply the law
of any other jurisdiction.
All disputes arising out of or relating
to these Terms and Conditions shall be finally resolved by arbitration before a single
arbitrator conducted in the English language in New York, New York, U.S.A. under the Commercial
Arbitration Rules of the American Arbitration Association. The parties shall appoint as sole
arbitrator a retired judge who presided in the State of New York. The parties shall bear equally
the cost of the arbitration (except that the prevailing party shall be entitled to an award of
reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may
be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on
both parties and enforceable in any court of competent jurisdiction. Notwithstanding this,
application may be made to any court for a judicial acceptance of the award or order of
enforcement. Notwithstanding the foregoing, LightRay shall be entitled to seek injunctive
relief, security or other equitable remedies from the United States District Court for the
Southern District of New York or any other court of competent jurisdiction.
If any part of these terms is held to be unlawful, void or
unenforceable, that part will be deemed severable and shall not affect the validity and
enforceability of the remaining provisions. LightRay may, at its sole discretion and without
notice, revise these terms at any time by updating this posting.
Entire Agreement
These Terms and Conditions are the entire agreement between the parties
relating to the subject matter herein, supersedes all previous communications, understandings
and agreements (whether oral or written) and shall not be modified except in writing signed by
both parties, in Your express acceptance of other terms in the course of Your use of this
Website or by posting by LightRay of new Terms and Conditions from time to time; provided that,
if You have an existing click through agreement or written agreement with LightRay regarding
Services or Content, that existing click through agreement or written agreement shall continue
in full force and effect without amendment by these Terms and Conditions.
Other Terms
These Terms and Conditions do not create a partnership, franchise,
joint venture, agency, fiduciary or employment relationship between the parties. Neither party
is authorized to assume or create any obligation or responsibility on behalf of, or in the name
of, the other or to bind the other in any manner. You may not assign or transfer these Terms and
Conditions without LightRay’s prior written consent. LightRay retains ownership of all
intellectual property rights to its Content, technology, software, documentation and tools used
in connection with the Website, Services, and/or Content. Notices delivered under these Terms
and Conditions must be given in writing and will be effective when received. The headings and
captions used in these Terms and Conditions are used for convenience only and are not to be
considered in construing or interpreting these Terms and Conditions.
For Additional Information:
If you have any questions about the
rights and restrictions above, please contact LightRay by email at contact@lightray.ai .
Last Updated: 1st February 2024