Terms & Conditions

Last Update: This Privacy Notice was last updated on May 25, 2018.

These Terms and Conditions of Use (“Terms of Use”) are a legal and binding agreement between you and Lightcrest, Inc, a subsidiary of Cloud Platform, Inc., (referred to herein as “Lightcrest”, “we”, “us”, or “our”) governing your access to and use of the www.Lightcrestcloud.com website and all content, information, materials, and features displayed, contained, and available through the site (the “Website”).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU SHOULD NOT ACCESS, VISIT, OR USE THE WEBSITE.

  1. Modifications

We may update, change, modify, or revise these Terms of Use at any time and for any reason. Any changes will become effective upon posting to the Website, along with the date on which it was most recently updated as indicated by the “Last Updated” section at the end of these Terms of Use. Your continued access to and/or use of the Website after any such modifications constitute your acceptance of the Terms of Use as modified. It is your responsibility to review the Terms of Use regularly for updates. If any modifications to these Terms of Use is held to be invalid, void, or unenforceable for any reason, such modifications shall be deemed severable and shall not affect the validity and enforceability of these Terms of Use and the remaining provisions.

  1. Privacy

Please review our Privacy Notice as posted on the Website (the “Privacy Notice”), which is incorporated herein and also governs your use of the Website, to understand Lightcrest’s privacy practices.

  1. Use

The Website and all content, information, publications, and other materials featured, displayed, contained, or available through the Website, including, without limitation, text, graphics, logos, icons, images, “look and feel”, pages, screens, content arrangements, designs, illustrations, and layouts (“Content”) are owned by and proprietary to Lightcrest. Lightcrest grants you a non-exclusive, non-transferable, revocable, personal, limited right and license to access and use the Website and Content solely for your personal, non-commercial use and strictly in accordance with these Terms of Use. You shall not, directly or indirectly, reproduce, duplicate, modify, copy, sell, resell, distribute, transmit, license, modify, create derivative works from, or exploit for any commercial purpose any portion of the Website or Content.

You agree to use the Website and Content in accordance with these Terms of Use and all applicable laws and regulations. Any use not expressly permitted by these Terms of Use is prohibited, constitutes a breach hereof, and automatically terminates the license granted to you hereunder to access and use the Website and Content.

Lightcrest may at any time, for any reason, and without notice or liability: (a) modify, suspend, or terminate operation of or access to the Website, or (b) change, revise, or modify the Website.

  1. Intellectual Property Rights

All trademarks, trade names, graphics, logos, and trade dress included in or made available through the Website and Content are owned by or licensed to Lightcrest and protected by U.S. and international trademark laws (collectively, the “Marks”). The Website, Content, and Marks are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and proprietary rights. You agree that Lightcrest retains all right, title and interest (including all intellectual property rights) in and to the Website, Content, and Marks (collectively, the “Lightcrest Intellectual Property”), and that no interest therein is transferred to you except for a limited, personal right to use such solely in connection with the Website.

Except as expressly set forth herein, nothing herein shall be construed to confer any grant or license of any Lightcrest Intellectual Property Rights, whether by estoppel, by implication, or otherwise. You are strictly prohibited from using any Lightcrest Intellectual Property except as expressly provided in these Terms of Use. You are also advised that Lightcrest will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

  1. Restrictions on Use

You agree not to:

reproduce, distribute, publicaly display, or otherwise transfer the Website or Content;
adapt, alter, modify, reverse engineer, disassemble, or decompile the Website or Content;
prepare derivative works based on the Website, Content, or any Lightcrest Intellectual Property;
remove, obscure, or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Website or Content;

frame, mirror, or in-line link the Website, or incorporate into another website, application, or other service any Lightcrest Intellectual Property;

use the Website, Content for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
interfere with any access control measures or attempt to disable or circumvent such security features;
post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
submit or post any false or misleading information; and/or
violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Lightcrest or any other person or entity.

We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Website, users, us, our brand, or any other person or entity, or that violates these Terms of Use and/or applicable law.

Any unauthorized use automatically terminates the license granted to you hereunder.

  1. Accounts

To utilize our Services and access support, you may be required to create an account. In connection therewith, you agree to provide and maintain true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of the information you hold for your account login, including your password, and for all orders made from your account. You agree to notify us immediately of any unauthorized use of your login. Lightcrest shall not be liable for any loss or damage arising from your failure to comply with these obligations. Lightcrest may reject any order for any reason in its sole discretion.

  1. SubLightcrests

You are solely responsible for any information, suggestions, content, or material you transmit to or through the Website or otherwise to us (e.g., through email) (“SubLightcrests”). You understand that, except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Notice, SubLightcrests are considered non-confidential and non-proprietary. Furthermore, you grant Lightcrest an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, copy, reproduce, display, publish, publicly perform, transmit, and distribute any SubLightcrest, without compensation or accounting to you or anyone else.You represent and warrant that: (a) you have the right to submit the SubLightcrest to Lightcrest and grant the licenses set forth above; (b) Lightcrest will not need to obtain licenses from any third party or pay royalties to any third party for its use of the SubLightcrest; (c) the SubLightcrest does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the SubLightcrest complies with these Terms of Use and all applicable laws and regulations.

Lightcrest takes no responsibility and assumes no liability for any SubLightcrest.

  1. Disclaimer of Warranties

THE WEBSITE AND CONTENT ARE PROVIDED “AS IS”. Lightcrest MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR CONTENT AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Lightcrest DOES NOT GUARANTEE THAT THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

If you are dissatisfied with the Website or Content in any way, your sole and exclusive remedy is to discontinue accessing and using the same.

  1. Limitation of Liability

IN NO EVENT SHALL Lightcrest, ITS AFFILIATES, OR ITS OR THEIR OWNERS, INVESTORS, EMPLOYEES, AGENTS, CONSULTANTS, PARTNERS, OR PROVIDERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MONETARY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, CONTENT, OR THESE TERMS OF USE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF Lightcrest HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SET FORTH IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL Lightcrest’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, LIABILITIES, COSTS OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) ARISING FROM THE WEBSITE, CONTENT, AND/OR THESE TERMS OF USE, EXCEED $50.00.

  1. Indemnification

You agree to defend, indemnify, and hold harmless Lightcrest from and against any and all claims, causes of action, damages, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees and costs) arising from your breach of these Terms of Use.

  1. Electronic Communications

When you visit or use the Website, access or download Content, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are deemed to be given and received on the date we transmit any such electronic communication.

  1. Links

Our Website and communications may contain links to other websites and social media platforms such as Facebook and Twitter (“Linked Sites”). These Terms of Use only apply to the Website and do not apply to any Linked Sites. We encourage you to read and understand the terms of use of any Linked Sites that you visit. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any Linked Site.

  1. International Use

The Website is controlled, operated, and administered by Lightcrest from offices within the United States of America. We make no representation regarding use of the Online outside of the United States.

  1. Governing Law/Jurisdiction/Claim Limitation

These Terms of Use are governed by the laws of the State of California. The United Nations Convention of Contracts for International Sale of Goods, Uniform Commercial Code, and the Uniform Computer Information Transaction Act shall not apply to these Terms of Use, the Website, or any Products. Any action or suit related to these Terms of Use or the Website must be brought in the state or federal courts sitting in Los Angeles, California, provided however, that Lightcrest may seek equitable relief in any jurisdiction. Any cause of action brought against Lightcrest must be commenced within one (1) year after the claim or cause of action arose. In any action or proceeding arising under these Terms of Use, the prevailing party will be entitled to recover its costs and attorneys’ fees.

  1. Violation of these Terms of Use and Remedies

Lightcrest may, in its sole discretion and without prior notice, block and/or terminate your access to the Website or Content if we determine that you have violated these Terms of Use or other terms or agreements or that may be associated therewith. You hereby agree that any violation, or threatened violation, by you of these Terms of Use will cause irreparable harm to Lightcrest, and therefore you agree that Lightcrest shall be entitled to injunctive or equitable relief without the necessity of posting a bond, in addition to any other available remedies.

  1. General Provisions

If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms of Use, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use and Privacy Policy shall continue in full force and effect. Lightcrest’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Lightcrest hereof will be deemed effective unless in writing. These Terms of Use, together with our Privacy Policy and any other terms applicable to our Products, as each is currently posted, constitute the entire agreement between Lightcrest and you with respect to your use of the Website and Content and supersede all previous written or oral agreements relating to the subject matter hereof.

  1. Contact Us

If you have any questions or concerns about the Website, these Terms of Use, or our Services please contact us at:

contact@www.lightcrest.com
(888) 320-8495

Lightcrest L.L.C.
1112 Montana Ave
Santa Monica, CA 90403