WEBSITE TERMS, PRIVACY STATEMENT, AND SERVICES AGREEMENTRevised: November 4th 2008I. WEBSITE TERMS By visiting our Website, you acknowledge and accept the following terms of use: This document details the terms of a legal agreement (the "Terms of Use") between you and LightSpeed Gaming LLC (the "Company"). By accessing this website, including pages located at www.light-speed.com, www.instantventrilo.com and www.instantteamspeak.com domains (the "Website"), you acknowledge that you have read and understood the Terms of Use and, having read and understood the Terms of Use, you voluntarily agree to be bound by the Terms of Use. You also agree to comply with all laws and regulations applicable to the use of the Website, to the use of the Internet, and to the activities involved in using this Website. If you do not agree with the Terms of Use, then do not use this Website. Venue and Jurisdiction This Website is controlled by the Company from its offices within Ohio. The Company complies with all laws of the United States applicable to this Website and to the Internet. Visitors who choose to visit this Website from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with their local laws. Claims relating to this Website, to the use of this Website, and to the information, content, material, and Services available through this Website are governed by the laws of Ohio. You hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction of Ohio for any litigation concerning this Website, your use of this Website and any information received through this Website. You agree not to plead forum non conveniens in any such action. You consent to service of process. Privacy To know what privacy measures the Company has taken and what information we retain from your visit to the Company's Website, please read our Website Privacy Policy which is incorporated here by reference. Services Agreement See Below. Change of Terms The Terms of Use may be changed without notice. Your continued use of this Website after the Terms of Use are changed indicates your acceptance of the new Terms of Use. If you do not agree with the new Terms of Use, then discontinue your use of this Website. Alteration of Site The Company may change, suspend or discontinue any feature, aspect, product or Service available through this Website at any time. The Company may alter the availability of any feature of this Website or Service related to any feature of this Website at any time. The Company may add, remove or modify any content of this Website, including that of third parties, at any time. Limitation on Usage The Company may limit your access to any part of this Website without notice to you. Company may terminate your use of its Website at any time. Visitor On-line Conduct You agree to use this Website only for lawful purposes. You agree to use this Website only for its intended purposes. You agree not to disrupt this Website. You agree not to interfere with or compromise the security of this Website, or any computer, Server, account, network, data, software and/or hardware associated with this Website. You agree not to disrupt or interfere with any other visitor's use of this Website. You agree not to attempt to obtain access to any portion of this Website, any computer, Server, account, network, software and/or hardware associated with the Website, from which you are restricted. You agree that you are solely responsible for any actions you undertake while visiting this Website and that you will comply with all applicable local, state, national and international laws and regulations applicable to this Website and the Internet, including United States copyright and export regulations. You warrant that all information you provide to gain access to the Services provided by this Website is accurate and truthful. The Company reserves the right to prohibit any conduct involving this Website that it deems to be inappropriate. Links to and From Other Web Pages You may gain access to other websites via links on this Website. These Terms of Use apply to the Company's Website and do not apply to other parties' websites. Similarly, you may have come to this Website via a link from another website. The terms of use of other websites do not apply to this Website. Only these Terms of Use apply to this Website. The Company assumes no responsibility for any terms of use or material outside this Website accessed via any link. Links to third party websites or information are not intended, and should not be interpreted by readers, as constituting or implying the Company's endorsement, sponsorship or recommendation of the third party information, or products or Services found there. Copyright, Trademark and Intellectual Property All information, content and material made available by the Company through this Website, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings as well as any copyrights, trademarks, patents or other proprietary rights comprising the Website (collectively, the "Content") is owned by or licensed to the Company. The compilation of the Content on this Website is the exclusive property of the Company and is protected by U.S. and international copyright Law. The Company and its licensors retain all rights in this Content. The Content and any and all such copyrighted material may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted or sold in any form or by any means, in whole or in part, without the prior written consent of the respective copyright owner. The Company grants you permission to display, copy, distribute, print and/or download the Content on this Website for your personal, non-commercial use only. If you display, copy, distribute, print and/or download the Content on this Website, then you may not modify that Content and you must retain all copyright and other proprietary notices contained in the Content. The Content may not be used in connection with any service or information that is not the Company's or in any manner that is likely to cause confusion among consumers or that disparages the Company. The permission granted herein terminates automatically if you breach these terms. Upon termination of the permission, you must immediately destroy any Content you displayed, copied, distributed, printed and/or downloaded. Light-Speed and www.lightspeed.com, www.instantventrilo.com, www.instantteamspeak.com and their respective logos are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of the Company and may not be used, copied or imitated without the prior written consent of the Company. Digital Millennium Copyright Act Notice The Company, pursuant to the Digital Millennium Copyright Act, designates Benjamin Aicholtz to receive complaints and notices of suspected copyright infringements. If you believe that your work has been copied and is accessible on the Company's Website or Servers in a way that constitutes infringement, you may notify the Company by providing Benjamin Aicholtz the following information:
Benjamin Aicholtz can be reached via e-mail at ben@light-speed.com and by regular mail at 1000 Ohio Pike Suite 4, Cincinnati OH, 45245. Ownership of Third Party Content The Company may display Content supplied by visitors and other third parties on its website. The Company maintains no editorial control over this Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content. THE COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES ("WE") DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES. WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES. We shall not, under any circumstances, be liable for any loss, damage or harm to property or person caused by your or anyone else's reliance on Content available on this Website that is the property of visitors or third parties. You are solely responsible for evaluating and acting on any Content available on this Website. Disclaimers THIS WEBSITE IS PROVIDED "AS-IS" AND "AS-AVAILABLE". THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS WEBSITE, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE. YOU AGREE TO VISIT THIS WEBSITE SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF THIS WEBSITE, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE IS SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR'S USE WILL BE CONTINUOUS AND/OR ERROR FREE. WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE ARE ACCURATE, RELIABLE, OR CURRENT. THE COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY. Limitation of Liability NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS WEBSITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, THE COMPANY 'S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS WEBSITE. Indemnity You agree to indemnify the Company for any damages, losses, costs, or expenses that the Company may incur as a result of your use of this Website or your use of the Content. You also agree to indemnify the Company from any damages, losses, costs or expenses that the Company may incur as a result of your providing inaccurate or untruthful information to gain access to the Services provided through this Website. Hold Harmless You agree to hold the Company harmless for any damages, including, without limitation, damage or injury to property or person, losses, costs, or expenses that you may incur as a result of your use of the Content, this Website or information and/or Services available through this Website. Severability If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity of enforceability of the remaining provisions of these Terms of Use. Integration Clause You hereby acknowledge that these Terms of Use, all documents referenced herein, as well as any Services Agreement, represent the entire understanding between you and the Company concerning your use of this Website, and the Content, information and Services available on this Website. Headings of the Terms of Use The section headings used in these Terms of Use are for reference and the convenience of the readers and shall not constitute part of the Terms of Use for interpretation purposes. Questions If you have any questions about this policy, please contact us by e-mail at support@light-speed.com or by regular mail at: 1000 Ohio Pike, Suite 4, Cincinnati OH, 45245. Acceptance I understand that by using this website, I am subject to the terms and conditions set forth herein and I accept and agree to be bound by all such terms and conditions. If you do not agree to the terms and conditions herein, YOU MAY NOT use this website. II. Privacy Statement LightSpeed Gaming LLC (the "Company") is highly sensitive to the privacy interests of Clients and believes that the protection of those interests is one of its most significant responsibilities. In acknowledgment of its obligations, the Company has adopted the following Privacy Policy applicable to information about consumers that it acquires in the course of its business: What This Privacy Policy Covers The privacy and security of your information is important to us. In this privacy policy, the Company will inform you about the type of information that is collected about you on this Website and through the Services, how the information is collected, what the information will be used for and to whom it will be given. This privacy policy will also tell you how to limit our use of your personal information. Contact our Website The Company has appointed an officer who is accountable for the Company's compliance with these privacy principles. You may contact the Privacy Officer by e-mail at ben@light-speed.com, by regular mail at: the Company 1000 Ohio Pike Suite 4, Cincinnati OH, 45245. What Kind of Information the Company Collects We take care to protect any information we receive from you when you use this Website and the Services. In some cases, you may submit personally identifiable information through features on our Website (e.g. Order Form or Live). In addition, non-personally identifiable information may automatically be transmitted to our Servers from your computer while using the Website or our Services. For security purposes, we may record your computer's IP address. We do not acquire any more information about visitors or Clients than is required by law or is otherwise necessary to provide a high level of service efficiency and security. This policy will explain what happens with both types of information. 1. Personally Identifiable Information
The information you voluntarily submit through our Website pages are used by the Company to fulfill our internal purposes in serving you, our customer. Such information is always stored in a secure database. The Company may use personally identifiable information in the following ways:
We will share your personally identifiable information with other companies only when:
We will never sell or rent your personally identifiable information. 2. Non-Personally Identifiable Information
As is the case with all websites, some information about your Server address, web browser, and computer system are automatically transmitted to our web servers so that we can operate our Website and the Services. We reserve the right to automatically collect and track the home server, IP addresses and domain names, type of computer, type of web browser, information regarding what pages of the Website you choose to access, how you use the Services, and other non-personally identifiable information. Computer information such as IP addresses and web browser information may be used to perform diagnostics and reports without visitor or Client consent.
The Company may use non-personally identifiable information in the following ways:
Security
The security of all personally identifiable information associated with our users is of great concern to us.
Cookies A "cookie" is a small file sent from a web server to your browser and is stored on your computer's hard drive when you visit certain websites. Cookies help web surfing by saving visitor preferences and other information. The use of cookies is a widespread industry standard and thus many major websites use cookies. Most Web browsers are initially configured to accept and process cookies. You can configure your browser to refuse cookies. We reserve the right to use cookies on the Company Website. If you have any questions concerning our use of cookies, please contact us at support@light-speed.com. Opting-Out You may opt-out of having your personal information used beyond what is necessary to provide the Services (including in connection with payment) by contacting us by e-mail, regular mail, or telephone. Please note that in order to fulfill certain obligations, we may need to continue sending you notices or other important information concerning any orders or Services you request. Requesting to See Your Personal Information You may request via e-mail, regular mail or telephone that we provide you with the personal information we have concerning you. Once you receive this information, you may request that we modify or remove any of your personal information. We reserve the right to verify your identity before sending you this information. Links to Other Websites Our Website may contain links to other websites. We encourage our partners, contributors and other third parties to implement policies and practices that respect your privacy. We are not, however, responsible for other websites' privacy practices or website content. Occasionally, you may receive cookies from third party advertisers, partners and vendors. We do not control these cookies. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, IRRESPECTIVE OF THEIR NATURE, INCURRED BY YOU IN CONNECTION WITH THE USE OR NON-USE OF THIRD PARTIES' WEBSITES. Access to Children There are no features of this Website or the Services directed to children under the age of 13. Those under 13 may not register with the Company, nor use any of the Services available on the Website. Changes to This Privacy Policy We reserve the right to change this policy at any time. We ask that you review this privacy policy from time to time to ensure you are familiar with the most current version of it. Acceptance of This Privacy Policy By using this Website and/or the Services, you agree to the terms as well as any posted changes of this Privacy Policy. By using this Website and/or the Services, you hereby consent to the collection and use of this information by the Company. If you do not agree to the terms, DO NOT use our Website or Services. III. SERVICES AGREEMENT
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