TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
This is a Website of The Lonely Photon ®. Use by you of this Website, together with all associated servers and all of the functions on or in or available from this Website, is subject to the following terms and conditions (“Terms and Conditions”).
CONTENT
The copyright in the material contained on, in, or available through this Website or Server, including all information, images, data, text, music, sound, photographs, graphics, video messages or other materials and the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to The Lonely Photon ®. All rights are reserved. You do not have any right, interest or title in or to the Material unless otherwise expressly indicated. The trademarks, service marks, and logos (“Trademarks”) contained on or in this Website or Server are registered and owned by or licensed to The Lonely Photon ®. Unless expressly stated, you do not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trademarks without the prior written consent of The Lonely Photon ®. You are permitted to print or download extracts of the Material for your personal use only provided that each copy contains a notice that the Material is owned by or licensed to The Lonely Photon ®. None of the Material may be used for any commercial or public use. Save as expressly stated or as necessary to view, print or download extracts of the Material for personal use, none of the Material may be copied, edited, varied, reproduced, published, displayed, distributed, stored, transmitted, commercially exploited or disseminated in any form whatsoever without the prior written consent of The Lonely Photon ®.
THIRD PARTY PRODUCTS, SERVICES AND DOWNLOADS
This Website and Servers may feature products and services of third parties (“Products and Services”) or contain links to websites operated by third parties (“Third Party Websites”). The Lonely Photon ® does not have any influence or control over any such Products or Services or any Third-Party Website. Unless otherwise stated, The Lonely Photon ® is not responsible for and does not endorse any Products or Services or any Third-Party Website, or its availability or contents. The Lonely Photon ® is not responsible for any agreement or understanding you enter into with a third party through a Third-Party Website and/or in relation to any Products or Services. While The Lonely Photon ® aims to provide unbiased editorials we wish to disclose that (i) we may run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation, and (ii) we may sell these products within our stores, and (iii) we may use affiliate links to products and or services for which we sometimes receive compensation.
DOWNLOADS
You acknowledge and agree in relation to any downloads which are accessed on or via a The Lonely Photon ® Site (“Download”) that (i) you have a right of license to such Download, you do not own any intellectual property rights in such Download and your use of such Download may be subject to an applicable end user licence agreement; (ii) you are not permitted to modify, copy, commercially exploit, resell or otherwise use a Download in any way which is contrary to applicable laws or regulations. Your attention is drawn to section 7 of these Terms and Conditions, which you should read carefully before commencing any Downloads.
PRIVACY POLICY
If you provide information to The Lonely Photon ® on or through this Website or Server, The Lonely Photon ® will use it in accordance with the terms of its privacy policy. That privacy policy forms part of these Terms and Conditions and by using this Website or Server you acknowledge and agree that you have read and accept the terms of that privacy policy.
DISCLAIMER / LIABILITY
This Website, any other Server and their facilities, Third Party Websites, links to the Third Party Websites, and any Material and Content are provided on an ‘asis’ and ‘as available’ basis and use is at your own risk. To the maximum extent permitted by law: (a) The Lonely Photon ® disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this Website or Server, Third Party Websites, links to Third Party Websites, Material and Content; and (b) all implied warranties, terms and conditions relating to this Website or Server, Third Party Websites, links to Third Party Websites, Material and Content (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, merchantability, fitness for purpose or any special purpose, noninfringement and title are, as between The Lonely Photon ® and you, hereby excluded. The Lonely Photon ® makes no representation or warranty that this Website or Server, and/or any Third Party Websites will be continuous, uninterrupted, secure or errorfree. The Lonely Photon ® will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this Website or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, Downloads or any products or services offered on or through this Website or Server or Third Party Website, whether by The Lonely Photon ® or on its behalf, for any: (a) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (b) loss of goodwill or reputation; or (c) special or indirect or consequential loss.
This Website is controlled and operated by The Lonely Photon ® from its offices in Luxembourg. The Lonely Photon ® makes no representation that material contained on this Website is appropriate or available for use in other locations. Those who choose to access this Website or any The Lonely Photon ® 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. Some jurisdictions do not allow the exclusion of implied warranties or limitation on applicable statutory rights of a consumer, so the exclusions and limitations in this section 7 may not apply to you in whole or part.
DOWNLOADS
Without limiting the foregoing, you expressly agree that The Lonely Photon ®, its officers, subsidiaries, employees and/or affiliates shall have no liability whatsoever for the performance of any software product you purchase and/or download through, or via a link from, The Lonely Photon ® Sites (“Download”). You expressly acknowledge and agree that use of any Download is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, Downloads are provided “As Is” and without warranty of any kind, and The Lonely Photon ® hereby disclaim all warranties and conditions with respect to the Download, either express, implied or statutory, including (without limitation) the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and noninfringement of third-party rights. The Lonely Photon ® does not warrant against interference with your enjoyment of the Download, that the functions contained in the Download will be continuous, uninterrupted, secure, virus free, or errorfree, or that defects in the Download will be corrected. Should the Download prove defective, you assume the entire cost of all necessary servicing, repair or correction.
ACCESS RESTRICTION
The Lonely Photon ® reserves the right in its sole discretion to deny you access to this Website or Server, or any portion thereof, without notice and for any reason including, without limitation, if you fail to comply with any clause 5 (Member Conduct) or any other provision of these Terms and Conditions. In particular, The Lonely Photon ® may deny you access to this Website or Server if The Lonely Photon ® exercises its right to lock any discussion topic to prevent further discussion, following submission of Content relating to that topic by you.
GENERAL
These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and The Lonely Photon ® concerning your use of this Website or Server and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and The Lonely Photon ® in relation to such matters. The Lonely Photon ® reserves the right to update these Terms and Conditions from time to time. If it does so, the updated version will be effective as soon as it is uploaded on to this Website. No other variation to these Terms and Conditions shall be effective unless in writing and signed by an authorised representative on behalf of The Lonely Photon ®.
The Lonely Photon ® failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Lonely Photon ® in writing. Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and The Lonely Photon ®.
The Lonely Photon 