Terms & Conditions
In these conditions, unless the context requires other wise:
1 "Lightning Publications website' means www.lightningpublications.com, www.uniquebike.com, and any other website established by Lightning Publications'
2. Application of these conditions of use
By accessing or using any part of The Lightning Publications website you agree to be bound by the following conditions of use. If you do not wish to be bound by these conditions, you may not access or use The Lightning Publications website.
We may change these conditions at any time without any notice to you. By your continued access and use of The Lightning Publications website you agree to be bound by the most current version of the conditions of use. Please check these conditions periodically for any changes that have been made.
3. Copyright and database right
Except where otherwise noted, Lightning Publications owns legally and beneficially all the intellectual property rights in the content of all The Lightning Publications website pages (including the design, text, graphics and arrangements thereof) and in the software used therein. Such intellectual property rights include, without limitation, copyrights and database rights in the information displayed as The Lightning Publications website Search results which are extracted from a compilation owned by Lightning Publications LLC.
4. Trademarks and intellectual property
"The Lightning Publications website" and all other trademarks and intellectual property cited anywhere on The Lightning Publications website are the property of their respective owners. 'Intellectual property' includes the trademarks, patents, designs, copyrights logos, whether registered or unregistered registered or unregistered designs utility models copyrights including design copyrights applications for any of the foregoing and the right to apply for them in any part of the world discoveries creations inventions or improvements upon or additions to an invention confidential information know-how and any research effort relating to any of the above mentioned business names whether registerable or not moral rights and any similar rights in this country or any other country logos promotional material and website addresses belonging to their respective owners
5. Permitted uses
Save as provided below, no materials from The Lightning Publications website may be copied, downloaded, reproduced, broadcast, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed in any way or adapted or changed in any way.
Lightning Publications takes active measures to ensure that no unauthorised use or breach of its intellectual property rights is committed.
Subject to applicable third party content providers' licences, you are allowed to access The Lightning Publications website database, to make a copy of the results of any searches made in that database, and to use those results PROVIDED that none of such access, copying and use falls into, is preparatory to or enables any of the categories of prohibited conduct referred to below, and provided that none of such access, copying and use is for the purpose of and in the course of any business. For the avoidance of doubt, and without prejudice to the below mentioned prohibited conduct, such access, copying and use is permitted even for a business if such conduct is merely incidental to the business.
For the avoidance of doubt and without limitation, you are expressly prohibited from:
- modifying the data or other material from The Lightning Publications website ("the Data") or merging the Data with any other data;
- selling or trading in materials copied from the Data;
- using or redistributing the Data for the purposes of compiling databases, lists or directories, other than as and to the extent necessary to use the Data for a use not prohibited by this paragraph 4
- providing commercial information, redistributing or reproduction of the same by the press or media or through any commercial network, cable or satellite system;
- issuing questionnaires, reply cards or similar for the purpose of data capture or verification;
- permitting or allowing the Data to infringe or otherwise prejudice our proprietary rights;
- using the Data;
- For any unlawful purpose or purpose that is likely to bring any part of Lightning Publications into disrepute or to cause any part of Lightning Publications embarrassment.
- To send any message or communication which is offensive, abusive, indecent, obscene or menacing.
- In any way that would be reasonably expected to cause annoyance, inconvenience or needless anxiety;
- As source targeting material or contact data for any kind of telemarketing, direct marketing, viral or other electronic marketing activity on your own behalf or on behalf or for the benefit of another party.
6. No licence
Except as expressly provided, nothing contained in these conditions or anywhere on The Lightning Publications website shall be construed as conferring any licence under any of Lightning Publications' or any third party's intellectual property rights.
7. Disclaimer of representations and warranties
The Lightning Publications website is provided by Lightning Publications on an "as is" and "as and when available" basis to users. You use The Lightning Publications website at your own risk.
Lightning Publications and its associated content provider organisations make considerable efforts to make information made available via The Lightning Publications website as accurate as possible but no warranty or fitness is implied.
Neither Lightning Publications nor any of its officers, directors, shareholders, employees, affiliates, agents, third party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied, to you:
- that The Lightning Publications website will be uninterrupted or error-free;
- that The Lightning Publications website or the computer server from which The Lightning Publications website is made available, are free of viruses or other harmful components;
- to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through The Lightning Publications website
Lightning Publications makes and you receive, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to:
- The Lightning Publications website, its content, merchandise, services, documents, information, items or materials provided by Lightning Publications in connection with the use of The Lightning Publications website; or
- any goods or services or information received through or advertised on The Lightning Publications website or received through links provided on The Lightning Publications website;
including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise.
No oral advice or written information given by Lightning Publications or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.
In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, the above exclusion may not apply to you.
8. Advice not provided
The Lightning Publications website is a site intended to give members of the public access to information on the Lightning Publications website. Lightning Publications is not an agent for and does not vouch for, recommend or guarantee those persons, companies and other organisations whose goods or services may be displayed or referred to in The Lightning Publications website, nor for the availability, suitability or prices of such goods and services nor for the legal entitlement, competences, professional qualifications, trade certifications, or memberships of trade associations of such persons, companies or other organisations or members.
Lightning Publications advises users to satisfy themselves as to the exact type and nature of goods or services being offered or qualifications held by those persons, companies and other organisations whose goods or services may be displayed or referred to in The Lightning Publications website.
The Lightning Publications website may make available certain information provided by third parties. Lightning Publications recommends that before you use any such information with respect to any issues or questions that you may have relating to medicine, law, accounting, financial services or advice or any other profession, you seek advice from a qualified professional.
9. Limitation of liability
Certain information may be published on this website by Lightning Publications but please note that by doing so Lightning Publications is not guaranteeing or holding out that such information is accurate, authentic, up-to-date or correct. Please also note that Lightning Publications does not offer this information as advice within the meaning of the Financial Services Act 2000 and that in any event Lightning Publications is not authorised by the Financial Services Authority to give such advice. You should in all circumstances consult your own authorised independent financial adviser for advice concerning such matters and Lightning Publications accepts no responsibility whatever for reliance on any such information it provides.
Under no circumstances will Lightning Publications or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of The Lightning Publications website be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either:
- the use and reliance on The Lightning Publications website; or
- the inability to use The Lightning Publications website; or
- mistakes, omissions, interruptions, suspension, termination, deletion of files or e-mail, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to The Lightning Publications website including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorised access to Lightning Publications' records, programs or services; or
- merchandise, products or services received through or advertised on The Lightning Publications website and merchandise, products or services received through or advertised on any links provided on The Lightning Publications website; or
- information or advice received through or advertised on Lightning Publications website and information or advice received through or advertised on any links provided on The Lightning Publications website; or
- any information, data, text, messages and other materials that you email, post upload, reproduce, transmit or is otherwise distributed using The Lightning Publications website.
Lightning Publications is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using Lightning Publications is done at your own risk and Lightning Publications shall not be responsible or liable for any damages or loss of whatever kind that may result from transmitting such information. However this clause does not apply to any personal injury or death which results from the same and Lightning Publications does not seek to limit its liability in relation thereto.
If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
These conditions and any and all documents specifically referenced herein constitute the entire agreement between you and Lightning Publications with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.
11. Jurisdiction and governing law
These conditions shall be governed by and construed in accordance with the laws of England. Lightning Publications controls The Lightning Publications website from within the country of England. It can, however, be accessed from other places around the world. Although these places may have different laws from those of England, by accessing The Lightning Publications website you agree that the laws of England, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of The Lightning Publications website. You and Lightning Publications also agree to submit to the non-exclusive jurisdiction of the English courts, with respect to such matters. Users of The Lightning Publications website accessing it from places outside of England acknowledge that they do so voluntarily and are responsible for complying with local laws.