Terms of Use

Smartbook Media Inc. owns and operates the website www.openlightbox.com. Throughout this document, the corporation will be referred to as “LIGHTBOX”, “we” or “us”. LIGHTBOX provides these websites (the “Sites”) to you subject to the following terms and conditions. Use of www.openlightbox.com or content obtained directly or indirectly from LIGHTBOX, in any way constitutes acceptance of and agreement to these terms and conditions. Your use of the Services constitutes your agreement to these Terms of Use. If you do not agree with these Terms of Use, please do not use the Services. LIGHTBOX reserves the right to change, modify, add, or remove portions of these Terms of Use at any time. Please check this page periodically for any modifications. Your use of any of the Services following the posting of changes constitutes your acceptance of the changes.

Intellectual Property

Our Sites and the Content are owned by or licensed to LIGHTBOX, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. LIGHTBOX reserves all rights to the Content. You agree not to engage in the use, copying, or distribution of any Content unless you are expressly permitted to do so by a written agreement with us. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Site or the Content.

LIGHTBOX trademarks, the LIGHTBOX logo, and any other product or service name or slogan contained in the Sites and the Content are trademarks, trade dress and service marks of LIGHTBOX and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written consent of LIGHTBOX or the applicable rights holder. The appearance and functionality of the Sites, including all page headers, graphics, icons and scripts, are the service marks, trademarks and/or trade dresses of LIGHTBOX and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, service marks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information by us, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply our endorsement, sponsorship or recommendation of the mentioned party.

The Sites may include links to outside Internet sites that have no affiliation with LIGHTBOX. We do not monitor or endorse such sites or the information, products or services contained on or accessible through them. LIGHTBOX is not responsible for content accessed in this way, and you visit these sites at your own risk.

License and Site Access

LIGHTBOX allows you to access and make personal, non-commercial use of the Sites and not to download (other than necessary for page viewing) or modify it, or any portion of it, unless otherwise noted. For example, activities may be downloaded, however, you may not remove or alter any copyright, trademark, service mark or other proprietary notices or legends. You may not publish, distribute, retransmit, sell or provide access to the content on the Sites, except as permitted under applicable law or as described in these Terms of Use. LIGHTBOX works to ensure that all the content on its Sites are in compliance with applicable U.S. copyright laws. However, in the case of works on the Sites authored by parties other than LIGHTBOX, you may wish to check on their copyright status before downloading them if you are in another country.  You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Services, except with our express written permission.  You may not decompile, reverse engineer or disassemble any software or other products or processes accessible through the Sites, insert any code or product or manipulate the content of the Sites in any way that affects the user's experience. You may not frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LIGHTBOX without express written consent. Any unauthorized use of the Sites automatically terminates your permission or license to use our Sites.

LIGHTBOX attempts to provide accurate descriptions of the Content. However, we do not guarantee that product descriptions or other parts of the Content are accurate, complete, reliable, current, or error-free. If Content is misrepresented, your only course of action is to cease use of that Content and to notify us of the supposed error.

Disclaimer of Warranties and Limitation of Liability

The services and all information, products, and other content included in or accessible from the services are provided "as is" and without warranties of any kind (express, implied, and statutory, including but not limited to the implied warranties of merchantability and fitness for a particular purpose), all of which Lightbox expressly disclaims to the fullest extent permitted by law.

In no event shall Lightbox, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors, or content providers be liable for any indirect, special, incidental, punitive, or consequential damages arising out of or related to the use, inability to use, performance or nonperformance of the services, even if Smartbook Media Inc. was previously advised of the possibility of such damages and regardless of whether such damages arise in contract, tort, under statute, in equity, at law, or otherwise.

Indemnity

To the fullest extent permitted by law, you agree to indemnify and hold LIGHTBOX, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of (i) the information or material you submit, including, but not limited to, liability for violations of copyrights, trademark rights, trade secret rights, or any other intellectual property rights, or the privacy or publicity rights of others, or liability for information or material you provide that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to any other person or entity, or is fraudulent or deceptive, (ii) your use or unauthorized copying of the Services or any of their content, or (iii) your violation of these Terms of Use or any applicable laws or regulations.

Disputes and Applicable Law

These Terms of Use are governed by the laws of the United States and the State of New York, without giving effect to any principles of conflicts of laws.

Notice and Procedure for Making Claims of Copyright Infringement

LIGHTBOX will respond to claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will expeditiously to remove infringing material once informed. Notifications of claimed copyright infringement should be sent to copyright@openlightbox.com

To be effective, the notification of infringement must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is in question;

  2. A description of the copyrighted work in question, or, if multiple copyrighted works at a single online site are covered by a single notification, a list of such works at that site;

  3. A description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the alleged infringing material can be found;

  4. Your address, telephone number, and email address;

  5. A statement that outlines the complaint, and a description of why the use of the content is thought to be infringing on the rights of the copyright holder;

  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating accounts and/or pursuing other remedies, at our sole discretion, if we suspect that the account holder has infringed the intellectual property rights of LIGHTBOX or any third party.

LIGHTBOX Copyright Claims

Smartbook Media Inc.

350 5th Avenue, 59th Floor

New York, NY

10118 USA

Tel: 1-866-649-3445

Fax: 1-866-449-3445

E-mail: copyright@openlightbox.com

Communication with LIGHTBOX

You may contact us at:

Smartbook Media Inc.

350 5th Avenue, 59th Floor

New York, NY

10118 USA

Tel: 1-866-649-3445

Fax: 1-866-449-3445

E-mail: questions@openlightbox.com

 

You agree to receive communications from us electronically regarding your account, this Agreement and the Sites, and such communications sent from us shall be considered sufficient means of notice, whether applicable law requires written notice or not. You further agree that your electronic communications, except for communications regarding subscriptions, is not confidential.

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