TERMS & CONDITIONS
Last modified: November 18, 2018
We really appreciate your interest in what we do. As we want your experience with our services and products to be extraordinary, please read these terms carefully.
This is the agreement between Lightstreamer Srl and You (either an individual or a legal entity that you represent as an authorized employee or agent).
USING THIS WEBSITE INDICATES YOU ACCEPT THESE TERMS & CONDITIONS. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE.
Use of website
The content and the materials of this website are for your general information, personal and non commercial use only. Unless otherwise specified, You may not: modify, reproduce, publicly display, perform, distribute or otherwise use the materials at this website for any public or commercial purpose.
Use of software
You may not download or install our software until you have read and accepted the terms of the Software License Agreement that accompanies, is provided or included with our software.
Any material, information or other communication you transmit or post to this website will be considered non-confidential and non-proprietary, therefore Lightstreamer will have no obligations. Lightstreamer and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the material, information, communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or through this website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Lightstreamer may, but is not obligated to, monitor or review any content and any areas on the website where users transmit, post or communicate solely with each other, including but not limited to demos, chat rooms, bulletin boards or other user forums. Lightstreamer, however, will have no liability related to the content whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Lightstreamer retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable.
Link to third party websites
Links to third party websites on this website are provided solely as a convenience to You.
If You use these links, You will leave this website. If You decide to access any of the third party websites linked to this website, You do this entirely at your own risk. Except when specifically stated, Lightstreamer does not review, does not control and is not responsible for any of these websites or their content. Thus, Lightstreamer does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them.
Member account, password and security
The access to some materials or services on this website might require You to open an account. You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. In case you are requested to choose a password and/or a user name, you are entirely responsible for maintaining the confidentiality of your credentials. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Lightstreamer immediately of any unauthorized use of your account or any other breach of security. Lightstreamer will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Lightstreamer or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
We care about your privacy as much as You do. To know more about our policy, see our privacy statement.
Disclaimer of warranties
YOUR USE OF OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK AND ALL OUR SERVICES, CONTENT, COMPARATIVE DATA, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". LIGHTSTREAMER DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, ENDORSEMENTS OR REPRESENTATIONS WHATSOEVER AS TO THE OPERATION OF THE WEBSITE, INFORMATION, CONTENT, MATERIALS, OR PRODUCTS. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER LIGHTSTREAMER NOR ITS CONTENT PROVIDERS WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ERROR FREE OR THAT DEFECTS WILL BE CORRECTED; LIGHTSTREAMER AND ITS CONTENT PROVIDERS DO NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY, MEANINGFULNESS, COMPLETENESS OR RELIABILITY OF THE SITE, CONTENT, MATERIALS, SERVICES, INFORMATION OR FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE, ANY PRODUCTS OR SERVICES OF OR HYPERTEXT LINKS OPERATED BY THIRD PARTIES. LIGHTSTREAMER AND ITS PARTNERS, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE - INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO LIGHTSTREAMER NEGLIGENCE. LIGHTSTREAMER MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, OR TO THE PRODUCTS AND PRICES DESCRIBED IN THEM, AT ANY TIME WITHOUT NOTICE. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR LOCAL AREA OR COUNTRY.
IF ANY PROVISION OF THIS WEBSITE DISCLAIMER IS, OR IS FOUND TO BE, UNENFORCEABLE UNDER APPLICABLE LAW, THAT WILL NOT AFFECT THE ENFORCEABILITY OF THE OTHER PROVISIONS OF THIS WEBSITE DISCLAIMER.
Limitation of liability
IN NO EVENT WILL LIGHTSTREAMER, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER - 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 SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. YOU AGREE YOU WILL INDEMNIFY AND HOLD HARMLESS LIGHTSTREAMER, ITS AGENTS, OFFICERS, AFFILIATES, AND ANY OTHER THIRD PARTY FOR ANY LIABILITIES, COSTS, DAMAGES, AND/OR EXPENSES THAT THEY INCUR AS A RESULT OF YOUR ACTIONS; THIS SHALL INCLUDE, WITHOUT LIMITATION, THE POSSIBILITY THAT THE USE OF OUR SOFTWARE OR A PART OF IT IS PROHIBITED BY LAW IN YOUR COUNTRY.
All the materials available on this site are protected by Copyright, Trademark and other laws. Reproduction and/or redistribution of this material by any means and in any format is expressly prohibited without prior written permission. Where permission to reproduce certain material is granted, such permission is specifically stated. However, no materials may be reproduced or distributed under any circumstances for any commercial purpose. All trademarks, trade names, or logos mentioned or used are the property of their respective owners.
Term and termination
If you breach any of these Terms, your authorization to use this website automatically terminates and you must immediately destroy any downloaded or printed materials.
In appropriate cases, Lightstreamer will terminate accounts of copyright infringers and will report it to the appropriate authorities.
Changes to these terms and conditions
Lightstreamer reserves the right to modify these Terms and Conditions at any time. You should therefore check periodically for changes and we will take reasonable steps to draw your attention if we decide to modify these Terms and Conditions. By using this website after we post any changes, you agree to accept those changes, whether or not you have reviewed them.
Applicable Law and Competent Forum
THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF ENGLAND WITHOUT REGARD FOR ITS CONFLICT OF LAW PROVISIONS. All disputes arising out of or in connection with the Agreement shall be finally settled in arbitration under the Rules of Arbitration of the International Chamber of Commerce (ICC), by 3 (Three) arbitrators appointed in accordance with the said Rules. The place of arbitration shall be Milan (Italy). The language of the arbitration shall be English. Any Party shall have the right to have recourse to and shall be bound by the pre-arbitral referee procedure of the International Chamber of Commerce (ICC) in accordance with its Rules for a pre-arbitral referee procedure. The Arbitration Section shall not prevent either Party from having recourse to the Court of Bruxelles. Alternatively, EACH OF THE PARTIES HERETO HEREBY CONSENTS AND AGREES TO THE EXCLUSIVE JURISDICTION OF THE COURT OF BRUXELLES IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.