Terms of service

LightJar is pleased to give you access to our website, www.LightJar.com, and related subdomains and resources (collectively, the “Site”) and certain LightJar branded mobile applications (“Apps”) owned and operated by the Company (as hereinafter defined). Your use of the Site and Apps is subject to the binding legal agreement set forth below (the “Terms”).

BY USING THE SITE AND APPS, YOU AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERMS SET FORTH HEREIN, DO NOT USE THE SITE OR THE APPS FOR ANY PURPOSE.

WE URGE YOU TO READ THESE TERMS CAREFULLY, AS THEY INCLUDE PROVISIONS SUCH AS LIMITATIONS OF LIABILITY, CHOICE OF FORUM FOR DISPUTES AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.

The Site is controlled and operated by Bogonots, LLC, D/B/A Cintrex Audio Visual, from its offices within the United States (“Company”). The Company makes no representation that materials in the Site are appropriate or available for use in other locations and access to them from territories where its content is illegal is prohibited. Those who choose and access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local law. See below for further copyright and trademark information.

Any software available from the Site is subject to the export controls of the United States of America and may not be downloaded or otherwise exported or re-exported into any country to which the United States has embargoed goods; or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, or to any person or entity subject to such regulations by the U.S. Government.

 

TERMS

LightJar Services

LightJar is a web app providing private secure storage for subscribers’ uploaded media recordings (videos, photos, audio), accessible via Web and Internet access from most modern browsers; and allows the subscriber to add to, download, organize and share their stored files (the “LightJar Services”). Subscriber content is encrypted during upload, download and when in storage.  Specific information about subscribers, such as email address or phone number, is also always encrypted.  Various subscription plans and billing arrangements are offered. The App utilizes Amazon AWS software and cloud storage to provide the LightJar Services. Access to LightJar is via subscribers’ modern browsers on computers and mobile devices.

CAVEAT ON LIGHTJAR AS A STORAGE SERVICE – LIGHTJAR PROVIDES A STORAGE SOLUTION FOR SUBSCRIBERS, BUT SUBSCRIBERS SHOULD NOT RELY SOLELY ON LIGHTJAR FOR LONG TERM PRESERVATION OF VALUABLE MEDIA RECORDINGS. FOR LONG TERM PERMANENT STORAGE, LIGHTJAR CAN ONLY SERVE AS ONE COMPONENT OF A COMPREHENSIVE SOLUTION FOR SAVING MEDIA RECORDINGS, BUT SHOULD NOT BE THE ONLY COMPONENT.

Changes to the Terms

Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Changes in these Terms will be effective when posted, but any material change to these Terms will not be applied retroactively to any claim or dispute between you and us in connection with these Terms that arose prior to the effective date of such change. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site or the Apps after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.

Changes to the Site and Apps

The Company reserves the right, at any time without notice, to change, modify, terminate, suspend or discontinue, temporarily or permanently, the Site, the Apps (or any portion thereof), including, but not limited to, content, features, or hours of availability. You agree that the Company shall not be liable to you or any third party for any change, modification, termination, suspension or discontinuance of the Site, the Apps (or any part thereof). The Company may also impose limits on certain features and services or restrict your access to parts or all of the Site or the Apps without notice or liability.

Electronic Communications

When you visit the Site, use the Apps 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 Site. 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.

Ownership; License and Restrictions on Use

The Company owns, controls, licenses or has the right to use and provide the Site and the Apps and all material on the Site and the Apps, including without limitation text, images, marks, logos, articles, photographs, illustrations, audio and video clips, (collectively the “Content”). The Site and the Apps are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The Company is the owner of the copyright in the entire Site and the Apps. The Company owns a copyright in the selection, coordination, arrangement and enhancement of the Site and the Apps. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site and the Apps.

You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or the Apps or any portion thereof for any public or commercial use without the express written permission of the Company. You may download, print, post and store selected portions of the Content for personal, noncommercial use, provided that you do not modify the Content and you maintain all copyright, trademark, attribution and other notices and legends contained in such Content, including without limitation trademarks and service marks of the Company and its affiliates or the copyright holder identified in the individual Content’s copyright notice.

The Company and its suppliers and licensors expressly reserve all intellectual property rights in all Content, technology and other materials accessible through the Site or the Apps. Access to the Site or the Apps does not confer and shall not be considered as conferring upon anyone any license or right, by implication, estoppel or otherwise under any copyright, trademark or other intellectual property rights. You acknowledge that you do not acquire any ownership rights by downloading Content. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site or the Apps, no changes in or deletion of any copyright, trademark, attribution or other notices or legends shall be made.

You also may not, without the permission of the Company “mirror” any material contained on the Site or the Apps on any other server. Any unauthorized use of any material contained on the Site or Apps may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

All submissions, suggestions, ideas, artwork, or other information (the “Submission”) communicated to the Company through the Site or Apps become the property of the Company and the Company is not required to treat any Submissions as confidential, and will not incur any liability as a result of any similarities that may appear in future Company endeavors.

Subscriber Content

When you use the Site or Apps, you place your media and document files and other types of digital content into your LightJar account for storage, organization, sharing, and backup (“Subscriber Content”).   Your Subscriber Content is yours. The Company does not, will not, share your Subscriber Content with any outside entity or advertiser, except for limited rights needed that enable us to offer and deliver our LightJar services to you the subscriber.

With your agreement to these Terms, you provide permission for the Company to host your Subscriber Content, place it in archived storage as directed, and share it with others per your direction. The Company can scan your Subscriber Content in order to give you a thumbnail preview, or assemble your various stored Subscriber Content items into collections, based again, upon your direction. In other words, we will scan and assemble your Subscriber Content, send it to others, all based upon your direction. You give us permission to do these things, and this permission extends to trusted third parties we work with to deliver LightJar Services.

Sharing

LightJar Services let you share stored Subscriber Content with others, so please think carefully about what you share.

 

Privacy Policy

LightJar is a private, secure storage service for media recordings. We do not view or share Subscriber Content; however we will share information listed below in order to deliver LightJar to subscribers for the subscribers’ benefit. We collect and use the following information to provide, improve and protect our LightJar Services:

  • Account. We collect, and associate with the subscriber’s account, information like name, email address, phone number, payment info, and physical address.
  • LightJar Services. When using LightJar, we store, process and transmit media and other type files and the information related to them.
  • Usage. We collect information from and about the devices used to access the LightJar Services. This includes things like IP addresses, the type of browser and device, the web page visited before coming to our site, and identifiers associated with subscriber or viewer’s devices.  The devices’ browsers may also transmit location information to the LightJar Services.
  • Cookies and other technologies. We use technologies like cookies to provide, improve, protect and promote our LightJar Services.  Subscribers and visitors can set their browser to not accept cookies, but this may limit the subscribers’ ability to use the LightJar Services.
  • We may share information to those entities listed below, but we won’t sell it to advertisers or other third-parties.
  • Others working for LightJar. LightJar uses certain trusted third parties to help us provide, improve, protect, and promote our Services. These third parties will access subscribers’ information only to perform tasks on our behalf and in compliance with this Privacy Policy.
  • Law & Order. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of LightJar or our users; or (d) protect LightJar’s property rights.
  • Protection of subscriber data is critical to us and a responsibility that we embrace.  We’ll abide by the following Government Request Principles when receiving, scrutinizing and responding to government requests for our users’ data:
    • Be transparent,
    • Fight blanket requests,
    • Protect all users, and
    • Provide trusted services.
  • Security. We regularly review our web applications and supporting systems for maintaining best practices for information security and content encryption.
  • Retention. We’ll retain information stored on our LightJar Services for as long as we need it to provide subscribers their LightJar Services. If an account is deleted, we’ll also delete the information associated with the deleted account.  But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.
  • Around the world. To provide the LightJar Services, we may store, process and transmit information in locations around the world – including those outside subscriber’s home country. Information may also be stored locally on the devices a subscriber may use to access the LightJar Services.
  • Changes – If we become involved in a reorganization, merger, acquisition or sale of our assets, subscribers’ information may be transferred as part of that deal. We will notify our subscribers (for example, via a message to the email address associated with your account) of any such deal and outline subscribers’ choices in that event.
  • We may revise this Privacy Policy from time to time, and will post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you.

There is an exception as to when we will share a subscriber’s content; and that is when we are ordered by United States’ courts to do so.   For example, if a subscriber becomes deceased, we can receive US court paperwork from immediate family members and/or the deceased’s legal representatives to provide access to content from a deceased user’s account. In all of these cases, our primary responsibility is to keep our users’ information secure, safe, and private. Note that LightJar is not able to provide passwords or other mechanisms that would enable anyone to log in to a user’s account.

Have questions or concerns about LightJar, our LightJar Services and Privacy? Contact us at privacy@LightJar.com.

 

Digital Millennium Copyright Act

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to the Company if they have a good-faith belief that their protected works are being infringed. The Company will respond to all such notifications that are sent to:

Cintrex Audio Visual
101 Weldon Parkway
Maryland Heights, MO 63043
Attn: Larry Molina

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

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at such site;
  3. Identification 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 information reasonably sufficient to permit the provider to locate the material;
  4. Information reasonably sufficient to permit the provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  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.
  7. Upon receipt of such notification, the Company shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After the Company removes or disables access to such material, if such material was posted by a user of the Site, the Company will notify the party that posted the material of its action. Such party may then provide the Company’s designated agent proper “counter-notification” stating his, her or its authority to post the allegedly infringing material, which the Company will forward to the alleged copyright owner. The Company will inform the alleged copyright owner that the Company will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to the Company’s designated agent stating that it has filed suit against the alleged infringer.

An effective counter-notification must be sent to the Company’s’ designated agent, whose name and address are listed above. The notice must include the following information:

  1. The counter-notifying party’s physical or electronic signature;
  2. Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
  3. A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  4. The counter-notifying party’s name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where the Company is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided the Company with notification or an agent of such a person.

 

Limited Right to Use the Site and the Apps

The Company grants you a non-exclusive, non-transferable, limited right to access, use and display the Site, the Apps and the materials thereon for your personal use only, provided that you comply fully with these Terms. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information or other materials obtained from the Site or the Apps, except as set forth in these Terms.

 

Acceptable Use Policy

This section covers the do’s and don’ts associated with use of LightJar services.   If the subscriber does not follow Lightjar’s acceptable use policy, then their account’s functionalities may be limited, or their account may be suspended.   Please contact support@lightjar.com if your account is negatively impacted due to a violation of our acceptable use policy.

As a condition of your use of this Site and the Apps, you warrant to the Company that:

  • You will only use this Site and the Apps for lawful purposes in accordance with the Terms.
  • You accept and understand the subscription limits of this service, described below:
    • Lightjar is a web-based private storage service for subscribers’ to save their media recordings and digital treasures, organize them, view them from anywhere, and share them with friends and family.
    • LightJar is NOT an online public posting site for sharing your favorite media recordings with 100’s or 1,000’s of other viewers.  There are specific online websites for this type functionality, and it is recommended that the subscriber first download their files that they intend to post, and then upload these files to the online posting sites.
    • Subscription warning:  in any month, if data transfer activity, the bandwidth in Gigabytes for downloads and sharing, exceeds five times (5x) the storage plan’s subscription size (also in GBs), the subscriber is notified that they are exceeding the limits of their subscription.  The subscriber may increase the size of the subscription plan or contact LightJar Support if they have questions.
    • Loss of Download and Share functionality:  in any month, if the subscriber’s data transfer activity, the bandwidth in GBs for downloads and sharing, exceeds eight times (8x) the storage plan’s subscription size (also in GBs); the subscriber’s account’s functionality for downloads and sharing is turned off for the remaining days in that month.  The subscriber may contact LightJar Support if they have questions.  They may also increase the size of their subscription plan.
    • Suspension of Account:  when a subscriber loses download and share functionality a third time (3x) with LightJar Service, their LightJar account is suspended.  The subscriber will need to contact LightJar support for reactivation or cancellation of their LightJar service.
  • Safeguard your password to LightJar; you should not share it with others.  You are responsible for the actions of anyone using your account.
  • Keep your account information current, so we can contact in case of any problems.
  • Do not frame, mirror, or reproduce any part of LightJar’s website or web application for your own use.
  • Do not alter the structure or presentation of LightJar
  • Do not interfere or attempt to interfere with the security and operation of the LightJar web application.  This includes, but not limited to, spamming, hacking, uploading computer viruses or time bombs.
  • You will not use or exploit any errors in design, features which have not been documented, or “bugs” to gain access in any way that is not generally known and intentionally made available by us, and you will promptly report to us your discovery of any such errors, features or bugs.
  • You will not create a database by systematically downloading and storing information from the Site or use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather information or other materials from the Site.
  • You will refrain from using profane, vulgar, inflammatory, libelous, or similarly discourteous language in any e-mail, post or other communication transmitted through this Site.
  • You will not harass, threaten, stalk, repeatedly contact, or abuse other people when using the Site in any manner.
  • You will not collect or store personal information about any other individual on the Site.
  • You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, “spam”, chain letters or pyramid schemes of any sort) to any person through the Site.
  • You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with the Company; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another.
  • You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site.
  • Content placed in LightJar may be protected by others’ intellectual property rights. Please don’t copy, upload, download or share content unless you have the right to do so.
  • We may review your conduct and content for compliance with these Terms. However, we have no obligation to do so. We aren’t responsible for the content people post and share via LightJar.
  • Finally, LightJar is not intended for, and may not be used by, people under the age of 18. By using our LightJar Services, you are representing to us that you’re over 18.

 

Indemnification

You shall indemnify, defend and hold harmless the Company, its parent, subsidiary and other affiliated entities, and all their officers, directors, owners, agents, employees, Content providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site or the Apps. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Company.

Third Party Websites and Resources

The Site or the Apps may contain links and other functionality for interacting with Internet sites and other resources maintained by third parties. The Company does not control these third parties and assumes no responsibility for any of their contents, privacy policies, or practices. You should direct any concerns regarding any external site or resource to its administrator or webmaster. You are encouraged to review the terms of use and privacy policies for each third party provider so that you understand all of the terms and policies that will apply. By using the Site or the Apps, you expressly relieve the Company from any and all liability arising from any third party sites or resources accessible via the Site or the Apps. Links and other interactivity do not constitute an endorsement by the Company or any of its parent companies, subsidiaries and affiliates of any third party sites or resources or their contents or services. Links and other interactivity do not imply that the Company is affiliated or associated with or legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links or other functionality, or that any third parties are authorized to use any trademark, trade name, logo or copyright symbol of the Company or any of its affiliates.

Free Trials, Subscription Plans, Termination and Cancellation

LightJar offers a free one (1) month trial of its 10GB Active Plan.  A credit card is required to sign up for the service, but the subscriber may cancel the service before the end of the first month to avoid any charges to their credit card.  The subscriber may increase the size of their storage account at any time.  With the exception of the 10GB Active Plan, all other subscription plans begin billing immediately, and your credit card will be charged the appropriate rate for the plan, dependent on the amount of storage (GB) and billing cycle (monthly or annually).  LightJar will continue to bill your charge card, at a monthly or annual frequency, until you choose to cancel the LightJar Service.  You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.

No Refunds. You may cancel your LightJar subscription at any time but you won’t be issued a refund for the remaining days in your monthly or annual subscription plan.

Downgrades. You are able to reduce the size and/or downgrade the type plan you have at any time, and the entered change goes in effect at the end of the current billing cycle.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

Termination. You’re free to stop using our LightJar Services at any time. We also reserve the right to suspend or end LightJar at any time at our discretion and without notice if you do not abide by these Terms. For example, we may suspend or terminate your use of the LightJar Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services.

Cancellation. When you cancel your LightJar subscription, we stop future collection of subscription fees from the credit card on file, and close down (delete) your account 7 days after cancellation if on a monthly billing plan, and 97 days after cancellation if on an annual billing plan. The time between cancellation and account shutdown provides subscribers time to download copies of files in their LightJar account, as well as, permanently delete them within LightJar.

  • After cancellation, if you are on a monthly billing plan, you will have access to your account and its contents for an additional 7 days in case you decide to renew the service.  After 7 days and no renewal, all of your media will be permanently deleted.
  • After cancellation, if you are on an plan that is billed annually, you will have access to your account and its contents for an additional 97 days in case you decide to renew the service.  After 97 days and no renewal, all of your media will be permanently deleted.

Auto-renewal.  Monthly and annual subscriptions renew automatically, unless you choose to cancel your service.  For annual plans, LightJar supplies a three (3) day advance notice that your LightJar subscription is about to be renewed, and that your charge card on file will be charged on the subscription’s anniversary.

  • For monthly plans, if the charge card is invalid or expired, and we are unable to collect a subscription fee on the renewal date for the monthly plan, the subscriber is given a 7 day grace period to update their charge card information.   During the grace period, the subscriber is reminded that their credit card information needs to be updated; this is done via pop-up messages shown when the subscriber is logged into LightJar.  If the credit card information on file remains invalid at the conclusion of the grace period, the LightJar account in question is suspended, and content is permanently deleted shortly thereafter.
  • For annual plans, if the charge card is invalid or expired, and we are unable to collect a subscription fee on the renewal date for the annual plan, the subscriber is given a 97 day grace period to update their charge card information.   During the grace period, the subscriber is reminded that their credit card information needs to be updated; this is done via pop-up messages shown when the subscriber is logged into LightJar.  If the credit card information on file remains invalid at the conclusion of the grace period, the LightJar account in question is suspended, and content is permanently deleted shortly thereafter.

Deleting Content

When you delete media files from your LightJar account, the deleted files are placed in your DELETED bucket for 30 days before permanent deletion.  You have access to the DELETED bucket at all times, showing all the deleted items, and you may choose to restore files or permanently delete them as needed.  Please note that the GBs in the DELETED bucket count towards the subscription plan’s quota.

Services “AS IS”

We strive to provide a great LightJar experience, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, LIGHTJAR AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE LIGHTJAR SERVICES. THE LIGHTJAR SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW DISCLAIMERS IN THIS PARAGRAPH, SO THEY MAY NOT APPLY TO YOU AND WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Some states don’t allow the disclaimers in this paragraph, so they may not apply to you. Some states don’t allow the disclaimers in this paragraph, so they may not apply to you.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE LIGHTJAR SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO LIGHTJAR FOR THE PAST 12 MONTHS OF THE LIGHTJAR SERVICES IN QUESTION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

LightJar is a cloud-based storage solution. It should be considered as one part of your solution to save all your valuable media recordings. It should NOT be used as the sole solution for saving all your valuable media recordings.

 

Resolving Disputes

We want to address your concerns without needing a formal legal case. Before filing a claim against the Company, you agree to try to resolve the dispute informally by contacting services@LightJar.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or the Company may bring a formal proceeding.

We Both Agree To Arbitrate. You and the Company agree to resolve any claims relating to these Terms or the LightJar Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by clicking here [NOTE TO DRAFT-NEED TO HAVE LINK TO OPT OUT] and submitting the opt-out form within 30 days of first accepting these Terms.

Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in St. Louis, County Missouri, or any other location we agree to.

Arbitration Fees. Each party to the arbitration shall bear its own costs and expenses (including all attorneys’ fees and expenses, except to the extent otherwise required by applicable law) and all costs and expenses of the arbitration proceeding (such as filing fees, the arbitrator’s fees, hearing expenses, etc.) shall be borne equally by the parties hereto.

Exceptions to Agreement to Arbitrate. Either you or the Company may assert claims, if they qualify, in small claims court in St. Louis County, Missouri. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and LightJar agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of St. Louis County, Missouri. Both you and the Company consent to venue and personal jurisdiction there.

 

Controlling Law

All issues and questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any choice-of-law or conflict-of-law rules or provisions (whether of the State of Missouri or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Missouri.

 

Entire Agreement

These Terms constitute the entire agreement between you and the Company with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

 

Waiver, Severability & Assignment

The Company’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. LightJar may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

 

Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access LightJar after the revisions come into effect, you agree to be bound by the revised Terms.