TERMS AND CONDITIONS
IMPORTANT – PLEASE READ CAREFULLY
1.1 These are the terms and conditions of service (“Terms“) which govern the use of all websites (“Sites“) and related Services (“Services”) owned, operated or provided by The LCD Group, Inc. (“LCD Group“, “we” or “us”). By accessing the Sites, you agree to be bound to these Terms.
1.3 Please read these Terms carefully. Each time you access a Site these Terms will apply. If you have any questions regarding these terms with any of the Sites, please contact us at firstname.lastname@example.org. If you do not wish to be bound by these Terms, do not use any of the Sites or Services.
2 YOUR OBLIGATIONS
2.1 You represent and warrant that you have the capacity to agree to these Terms; and you are at least eighteen (18) years of age.
2.2 You undertake that you will:
(a) comply with all applicable laws in relation to the Sites, including without limitation, laws relating to the use of Intellectual Property;
(b) not use the Sites or the Content outside the scope of permitted use under Section 4 below, nor infringe any Intellectual Property or other rights in or relating to the Site or the Services or of any third party;
(c) comply fully with these Terms.
3 OUR OBLIGATIONS
Subject to and without limitation to Section 11, we will exercise reasonable skill and care in our provision of the Services provided to you, but from time to time faults may occur, in which case we will use reasonable efforts to repair them as soon as reasonably practicable.
4 YOUR USE OF CONTENT, TRADEMARKS AND ANY OTHER INTELLECTUAL PROPERTY
4.1 All rights in and to the Content and the Sites belong to us, and are protected by the Intellectual Property laws of the US. We may license third parties to use the Content at our sole discretion.
4.2 You may use the Sites and the Content solely for your own personal use and benefit and not for resale or other transfer or disposition to any other person or entity. You may not use, reproduce, modify, transfer, exploit, distribute or dispose of any Content for any commercial purposes, whether direct or indirect, in any manner that might compete with our business (including, without limitation, by making Content available to anyone other than a Subscriber where such Content is accessible through subscription only).
4.3 Subject to the limitations in Section 4.2 above and your compliance with Section 2 above, you may:
(a) retrieve and display Content on a computer screen or other digital device, print a single copy of individual pages on paper (but not photocopy them) and store such pages in electronic form so long as it is only accessible to you; and
(b) use the “Email this Article” option where the facility is available to email an article from a Site to other individuals without further charge, provided such other individuals also comply with the restrictions on use in Section 4.2 above.
4.4 Save for where provided otherwise in these Terms, distributing, sharing, copying, posting, scanning, forwarding, selling, publishing, retransmitting or otherwise providing access to any part of the Content to anyone without our express prior written permission, is not authorized and is a violation of national copyright laws, including without limitation 17 USC 101 et seq.
4.5 Any request for permission to republish, reprint or use any articles from any of the Sites or our trademarks for any purpose other than those permitted under this Section 4 (or any relevant Specific Terms) should be sent to email@example.com.
4.6 For the avoidance of doubt, where the provisions of any applicable law prohibit the extent to which certain activities can be restricted under this Section 4, any such restrictions shall apply to the fullest extent permitted in accordance with such law.
5.1 You may create a link from your website to the home page of the Sites provided that you do not link to the Site from any website containing any material which is otherwise unlawful.
5.2 Linking to an internal or subsidiary page of the Site located one or several levels down from the home page, or bringing up of or presenting Content within another website is not permitted without our express prior written permission.
6 ADVERTISEMENTS, LINKS AND THIRD PARTY TRANSACTIONS
6.1 A Site or a Service may contain links to External Sites. We shall endeavor to highlight such links although some External Sites may be co-branded with ours.
6.2 The content of External Sites and Third Party Services is not maintained or controlled by us and we are therefore not responsible for the availability, content or accuracy of External Sites or Third Party Services. We do not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, a Site or Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of External Sites or Third Party Services; or (c) make any endorsement, express or implied, of any External Sites or Third Party Services. Any advertisement or promotion on a Site of a Third Party Service is not an inducement by us for you to enter into any agreement with the relevant third party.
6.3 Any communications or contracts relating to Third Party Services, payment for and delivery of Third Party Services, and any other associated terms, conditions, warranties or representations are exclusively between you and the relevant third parties. You agree not to hold us liable for any loss or damage incurred as the result of any such contracts, communications or other dealings or the presence of such third parties on any Site.
7 LIMITATIONS OF LIABILITY
7.1 DISCLAIMER: WITHOUT PREJUDUCE TO THE REMAINING PROVISIONS OF THIS SECTION 7, YOU AGREE THAT YOUR USE OF ANY CONTENT IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL SITES, CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE CONTENT IS MADE AVAILABLE FOR YOUR GENERAL INFORMATION AND ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION FORMING PART OF THE CONTENT IS NOT INTENDED AS LEGAL OR TAX ADVICE OR TO ADDRESS YOUR PARTICULAR REQUIREMENTS. THE CONTENT DOES NOT CONSTITUTE ANY FORM OF ADVICE, RECOMMENDATION OR ARRANGEMENT BY US (INCLUDING, WITHOUT LIMITATION, LEGAL ADVICE, TAX ADVICE, INVESTMENT ADVICE OR AN OFFER OR SOLICITATION TO BUY OR SELL ANY SECURITY, FINANCIAL PRODUCT OR OTHER INVESTMENT) AND IS NOT INTENDED TO BE RELIED UPON BY USERS IN MAKING (OR REFRAINING FROM MAKING) ANY SPECIFIC LEGAL, TAX, INVESTMENT OR OTHER DECISIONS. APPROPRIATE INDEPENDENT ADVICE SHOULD BE OBTAINED BEFORE MAKING ANY SUCH LEGAL, TAX OR INVESTMENT DECISIONS. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CONTENT. SAVE AS PROVIDED IN THESE TERMS, NEITHER WE NOR OUR LICENSORS AND/OR REPRESENTATIVES MAKE ANY REPRESENTATIONS OR WARRANTIES AND, TO THE FULLEST EXTENT ALLOWED BY LAW, EXCLUDE ALL IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF SATISFACTORY QUALITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE) REGARDING (A) THE SUITABILITY OF THE INFORMATION; (B) THE ACCURACY, AVAILABILITY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITES, CONTENT OR SERVICES; OR (C) THE RESULTS OBTAINED FROM ACCESSING AND USING ANY SITE, SERVICE OR CONTENT. FURTHER, WE DO NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE SITES, THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR (D) THE USE OF ANY OF THE CONTENT WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
7.2 Neither we, nor any Representatives will be liable to you for:
(a) any incidental, punitive, indirect, special or consequential damage, loss or expenses, including but not limited to any loss of business, contracts, revenue, or profits, any business interruption, security breach, loss of data, loss of goodwill or reputation or other pecuniary loss suffered by you, even if we have been advised of their possible existence; nor
(b) any direct damage loss or expenses arising from loss of customers, loss of profits, loss of anticipated profits or loss of savings security breach or loss of data.
7.3 Without prejudice to Section 7.2, neither we nor any Representative shall be liable to you for any direct or indirect damage, loss or expenses suffered by you as a result of:
(a) any viruses, worms, “Trojan horses” or similar programs, denial of service attack, spamming or hacking or consequential damages or any claim against us by any other party; or
(b) any fault, inaccuracy, omission, delay or any other failure in a Site or a Service caused by your computer equipment or arising from your use of the Service on such equipment; or
(c) any inaccuracies or errors in or omissions from any Content including, but not limited to, quotes and legal analysis; or
(d) any delays, interruptions or short-term or immaterial errors in the transmission or delivery of any Site or a Service; or
You will indemnify LCD Group and hold us, our owners, subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, demand, fees and expenses, including reasonable attorney’s fees, made by any third party (which means anyone other than you or us) due to or arising out of your use of the Web Site, including, without limitation, any claim arising from your breach of these Terms, your breach of your representations and warranties set forth above, or your sharing of any information from the Web Site with any third party other than as permitted by these Terms. This obligation will survive termination of these Terms, which means that even if you stop using the Web Site and LCD Group Content, you will still be bound.
9 CHANGES TO THESE TERMS
We may make amendments to the provisions of these Terms from time to time. It is your responsibility to refer regularly to these Terms and note any amendments. Amendments will come into effect immediately on the amended Terms being posted on the Sites and you will be deemed to have accepted them if you access a Site after that time.
10 NO WAIVER
Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
11 ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and us with respect to your access to and use of any Site or receipt of any Service.
12 LAW AND JURISDICTION
Where you visit, register and/or subscribe to an LCD Group Site (as indicated on the Site or otherwise notified to you), these Terms (and any dispute or claim arising out of or in connection with these terms, including non-contractual disputes or claims), to the maximum extent permissible under the law of the territory that you are located in, will be governed by the laws of the State of New York and, where applicable, the laws of the United States of America and you agree to submit yourself to the personal jurisdiction of those courts in any such action.
13 ASSIGNMENT AND SUB-CONTRACTING
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms without our prior written consent.
13.2 We may assign, sub-contract or transfer any and all of our rights and obligations under these Terms to any Group Company or any entity who acquires a substantial part of the assets of our business without your prior written consent.
If any provision of these Terms is found to be wholly or partially invalid, void or unenforceable by any court having competent jurisdiction or by virtue of any legislation or any other reason, that provision shall be invalid, void or unenforceable to that extent only and no further and the validity and enforceability of the remaining provisions of these Terms shall not be affected.
Headings in these Terms are for convenience only and will have no legal meaning or effect.
LCD Group is a corporation registered in New York (United States) with offices at 445 Park Avenue, 9th Floor, New York, NY 10022, USA.