Please read through this user agreement (the “User Agreement”) carefully. This User Agreement is a legally binding contract between you and Lightship (“Lightship”, “we”, or “us”) that places certain obligations on you in return for our allowing you to use certain services provided by Lightship (the “Lightship Services”). We explain more about the Lightship Services and your obligations below.
You may not use the Lightship Services if you do not accept, or are not capable of accepting, the User Agreement. For example, you may not use the Lightship Services if you are not of a legal age to form a binding contract.
1. Registration and Access
1.1 Your Registration for the Lightship Services
In order to use the Lightship Services, you must be registered as an authorized user (an “Authorized User”) through your organization, and your organization must have a current contract with Lightship.
1.2 Your Credentials
Upon registration, you will be provided with a user ID and password (your “Credentials”). You are responsible for maintaining the security and confidentiality of your Credentials. Your Credentials can only be used by you and you agree not to let any other person use them. If you think that someone else has used your Credentials you must tell the individual at your organization who is responsible for managing your account.
1.3 Approved Interface Access
You are not allowed to access the Lightship Services by any means other than through interfaces that we have approved.
1.4 Suspension and Termination of Your Registration
2. Lightship Services
2.1 Changes to Lightship
Lightship Services are provided by Lightship using web-based applications and telephone systems and platforms.We may make changes to the Lightship Services from time-to-time, and, as a result, certain functionality and features may change.While we aim to provide you with notice of important changes, we make no representations about the continued availability of any of the Lightship Services.
2.2 Your Use of Lightship
While you are an Authorized User, you may access and use all Lightship Services but only if you follow your obligations set out in:
- this User Agreement;
- the Master Goods and Services Agreement; and
- all applicable laws.
2.3 Availability of Lightship
While we strive to maximize the uptime of the Lightship Services, there may be times when you cannot access the Lightship Services due to planned downtime and circumstances beyond our control.
2.4 Lightship Support
3. Acceptable Use
3.1 Your Right to Use Lightship
Your right to access and use the Lightship Services is personal to you. No one else is allowed to access the Lightship Services using your Credentials.
3.1 Lightship’s Right to Monitor
3.2 Prohibited Activities
You agree that you will not access or use the Lightship Services for any of the following activities:
- Spamming, advertising, soliciting, or political campaigning.
- Phishing or impersonating.
- Posting materials containing viruses or other malicious or destructive code.
- Posting offensive content, including profanity, obscenity, racist, or pornographic material.
- Abusing, harassing, threatening, or intimidating others.
- Posting infringing, libelous, unlawful, or tortious material.
- Attempting to gain unauthorized access to the systems or networks that provide the Lightship Services.
- Using automated scripts to collect information, or otherwise interact with the Lightship Services or our website.
- Attempting to interfere or disrupt the proper functioning of the Lightship Services.
- Attempting to access or modify the information or data about a Lightship user (including an Authorized User) that you are not authorized to access or modify.
- Interfering with any other Lightship user’s attempt to use the Lightship Services for his/her intended purpose.
- Using the Lightship Services for any fraudulent, illegal, or unauthorized purpose.
(Each of the above activities is a “Prohibited Activity”.)
You agree that if you carry out a Prohibited Activity that we will terminate your right to use the Lightship Services. You also agree that if you carry out a Prohibited Activity you will be liable to us and pay us for any losses that we suffer as a result.
4. Privacy and Content
4.2 Your Responsibility for Enterprise Data
Information, data, or content relating to your organization (“Enterprise Data”) which can be accessed through the Lightship Services is not controlled by Lightship. You agree that you are responsible for the accuracy, integrity, and legality of any Enterprise Data you create or modify.
4.3 Lightship not Responsible for Enterprise Data
We have no obligation to monitor, examine, or evaluate the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, or any other aspect of any Enterprise Data. You agree that we are not liable in any way for Enterprise Data.
4.4 Use of Personal Information in Enterprise Data
If you intend to create Enterprise Data that includes personal or confidential information about other identifiable individuals, then you must first obtain consent from those individuals prior to inputting their data into the Lightship Services. You agree that you will not use any Enterprise Data outside of the Lightship Services in any way unless you acquire all the necessary authorizations to do so.
4.5 License of Enterprise Data
By inputting or using any Enterprise Data into the Lightship Application you grant us permission to use that Enterprise Data in order to improve the Lightship Services.
4.6 No Data Recovery Services
We do not provide data recovery or reconstruction services and make no representations about the continued availability of any data in the Lightship Application. You agree that we will not be liable to you for any loss of data in the Lightship Application.
4.7 Unauthorized Access
We have taken steps to secure your Credentials, User Profile and any Enterprise Data that you create from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or access and use your Credentials, User Profile and Enterprise Data. You agree that we will not be liable to you for any unauthorized access.
4.8 Anonymized Data
You grant us with the right to use anonymized data and statistics derived from your access and use of the Lightship Services in any way we see fit.
5. Third-Party Applications
5.1 No Liability for Third-Party Applications
No online web-based applications or offline software products provided by third parties are required to access or use the Lightship Services, except for the recommended browsers, operating systems, and internet utilities described on our support site. By installing or enabling third-party applications to inter-operate with or be used in conjunction with the Lightship Services, you provide us with your consent to allow providers of such third-party applications to access your User Profile or Enterprise Data that you create, as required for the inter-operations or use of those third-party applications with the Lightship Services. We will not be responsible for, and do not warrant, support, or assume any liability for, any third-party applications. You agree that we will not be liable to you for the effects of any third-party applications.
6. Proprietary Rights
6.1 Ownership of the Lightship Services
We own all rights, title, and interest in and to the software and other technologies that are used to create the Lightship Services, including all related intellectual property rights. We do not grant any rights or interests to you other than the limited rights expressly granted to you to access and use the Lightship Services in accordance with this User Agreement.
6.2 Improvements to the Lightship Services
You agree that we own all rights, title, and interest in and to each improvement made to the Lightship Services and the software and technologies that are used to create the Lightship Services even if the improvement was based on input, comments, recommendations, suggestions, enhancements, or other feedback provided by you (the “Feedback”). To the fullest extent permissible by law, you grant us all rights that you have in the Feedback, and you irrevocably waive and release any and all claims that you may have to the Feedback, or arising from our use of the Feedback.
6.3 Proprietary Notices
You agree not to remove, obscure, or alter our copyright notice, trademarks, or other notices displayed by or accessed in connection with the Lightship Services.
6.4 Derivative Works
You agree not to create any derivative works based on the Lightship Services, or use the Lightship Services or our trade secrets in software in any way as part of, or to build, a competitive product or service.
7.1 Confidential Information
The information contained in the Lightship Services is confidential (“Confidential Information”). You agree to protect the Confidential Information and not disclose it to anyone without first obtaining our written permission. You agree that we may disclose any Confidential Information if we are required to do so by law.
8. Exclusion of Warranty
8.1 No Warranty
To the fullest extent permissible by law, we do not make any representations or warranties that: the Lightship Services will be fit for your purposes; that the Lightship Services will be uninterrupted or error-free; that any functionality or feature of the Lightship Services will continue to be made available; that defects in the Lightship Services will be corrected; or that the Lightship Services will be compatible or work with any or all third-party software, applications, or services.
9. Limitation of Liability and Indemnification
9.1 Release and Limitation of Liability
We make the Lightship Services available on an “AS-IS“ basis and you assume all risks connected with your use of the Lightship Services. You agree that you shall not sue us, and we shall not have to pay you, for any losses that you suffer in connection with the Lightship Services.
If you breach this User Agreement and we suffer a loss as a result of your breach, you agree to pay us for that loss. Specifically, you agree to indemnify and save harmless Lightship and its officers, directors, employees and agents from any and all losses arising out of your breach of this User Agreement.
10.1 Governing Law
This User Agreement shall be governed by the laws of the Province of British Columbia and the laws of Canada applicable in British Columbia.
You agree that any claim or dispute between you, your organization and Lightship that arises as a result of this User Agreement or the Lightship Services shall only be decided by a court located in the Province of British Columbia.
10.3 Compliance with Laws
You agree that you will comply with all applicable laws and regulations in connection with your access and use of the Lightship Services.
10.4 No Waiver and Cumulative Remedies
If we decide to ignore your breach of part of this User Agreement on one occasion we do not give up our right to enforce our remedies against you if you breach that same part of the User Agreement again. Also, we may have other remedies that are not set out in this User Agreement and if we sue you, we can ask for all of the remedies available to us; not just those that are mentioned in this User Agreement.
If any part of this User Agreement is found to be invalid or unenforceable it shall be stripped from the rest of the User Agreement and the remaining parts of the User Agreement shall remain in full force and effect.
Our rights and your obligations set out in sections 3, 4, 5, 6, 7, 8, 9, and 10 shall continue to be effective even after this User Agreement ends. We can enforce these provisions even if you are no longer an Authorized User of the Lightship Services.
10.7 English Language
This User Agreement is in the English language only and any versions in any other language shall not be binding.