Website Copyright and Legal notice

The LIGHTNING MultiCom SA Website and E-Mail Services (the "Service") is an online information and communications service provided by LIGHTNING MultiCom SA ("LIGHTNING"), subject to your compliance with the terms and conditions set forth below including, all exhibits hereto.

Please read this document carefully before accessing or using the service. By accessing or using the service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the service.

LIGHTNING may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the service shall be deemed your conclusive acceptance of the modified agreement.

1. Operating Policies

You agree to comply with the Operating Policies set forth in Exhibit A which are the rules that govern your activity in connection with the Service as they may be amended by LIGHTNING from time to time. LIGHTNING has the right but not the obligation to remove any communications and materials that LIGHTNING believes in its sole discretion violate the Operating Policies.

2. Copyright, Licenses and Idea Submissions

The entire contents of the Service are copyrighted under the Swiss copyright laws. The owner of the copyright is LIGHTNING. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use. You may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the Service solely for your non-commercial use.

Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of LIGHTNING or any third party information provider to the Service. You agree not to change or delete any proprietary notices from materials downloaded from the Service.

You agree to grant to LIGHTNING a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Service.

3. Use of the Service

You understand that, except for information, products or services clearly identified as being supplied by LIGHTNING, LIGHTNING does not operate, control or endorse any information, products or services on the Internet in any way. Except for LIGHTNING-identified information, products or services, all information, products and services offered through the Service or on the Internet generally are offered by third parties that are not affiliated with LIGHTNING.

You assume total responsibility and risk for your use of the service and the Internet. LIGHTNING does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose).

In no event will LIGHTNING be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service.

4. Indemnification

You agree to indemnify, defend and hold harmless LIGHTNING, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement.

5. Third Party Rights

The provisions of paragraphs 3 (Use of the Service), and 4 (Indemnification) are for the benefit of LIGHTNING and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service.

6. Forward-Looking Statements

Certain of the statements contained on this website are forward-looking statements that involve a number of risks and uncertainties. Factors that could cause actual results to differ materially include: business conditions and growth in LIGHTNING's industry and general economy; competitive factors, risks due to shifts in market demand.

7. Links and Third Parties

Press Releases: The information contained in press releases should be viewed as accurate only on the date rendered.

Links to other websites: LIGHTNING assumes no responsibility for the accuracy, completeness or fairness of information on websites for which hyperlinks are provided.

8. Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of Switzerland applicable to agreements made and to be performed in Lausanne, Switzerland. You agree that any legal action or proceeding shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Lausanne.