Welcome to LightTheSky.com. Light The Sky LLC and its affiliates (collectively, "Light The Sky"", "we", "us" or "our") make this Website available to you and the events described on our Website subject to these terms ("Terms"). The Terms apply to your use of and access to any Light The Sky owned or operated website and applications contained within such website(s) ("Website") and any events, promotional offers, or other services made available through the Website (“Services”).
In addition to other agreements between you and us, these terms explain the policies that govern your access to and use of our Website and Services. By accessing or using our Website or Services, you agree to the terms of the Terms, as we may modify it from time to time. We reserve the right to modify these Terms at any time, effective upon its posting, as modified, on www.LightTheSky.com/terms. If you do not agree to accept and comply with the Terms, then do not access or use our Website or Services.
Certain functionalities or applications available through our Website, including the processing of payment for services, may have additional terms and conditions, which govern in the event of any inconsistency with the terms below.
When you visit this Website, register for Services or send e-mail to us, you are communicating with us electronically. Your visit to this Website, registration or communication with us via e-mail will be deemed to be your 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.
Intellectual Property Rights
All content included on the Website, such as the user interface, the compilation of the content and arrangement of the Website, text, graphics, artwork, photographs, audio, video, data, html code, source code, software that resides on or is viewable or otherwise discoverable on the Website, applications and other content (collectively, "Content"), is the property of or licensed by us or our content suppliers and protected by United States copyright and other intellectual property laws and by international treaties. Reproduction or redistribution of Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law.
Light The Sky, the Light The Sky logo and associated trade dress are trademarks of Light The Sky. The trademarks and trade dress of Light The Sky may not be used without prior written permission from us. All other brand names, product names, service marks, logos or trademarks appearing on the Website are the property of their respective owners, and may not be used without the owner's prior written consent.
We grant you a personal, non-exclusive, limited non-transferable, non-sub-licensable license to access and make personal use of the Website. You may not download (other than page caching) or modify it, or any portion of it, without our express written consent. This license does not include the right to resell or make any commercial use of the Website or any Content; collect or use of any product listings, descriptions, or prices; make any derivative work from the Website or Content; download or copy account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Neither the Website nor any portion of the Website may be copied, sold, resold or otherwise exploited for any commercial purpose without our express written consent. You may not link, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website without our prior written consent. You may not use any Meta tags or any other "hidden text" utilizing our name or trademarks without our prior written consent. Your unauthorized use of the Website will immediately terminate the license granted in these Terms.
Unsolicited Submission of Ideas
Although we welcome questions or feedback about your use of our Website and our services, we do not accept, invite, or consider under any circumstances unsolicited submissions of ideas, creative suggestions, or proposals ("Ideas") relating to our business, including Ideas for services, products, technologies, processes, materials, product names, advertising campaigns, promotions, or marketing plans. This policy is intended to avoid disputes in the event that our products or marketing strategies seem similar to ideas submitted to us or our employees. Therefore, unless we explicitly state otherwise, all ideas and intellectual property included in any unsolicited submission of Ideas will automatically be treated as non-confidential and as our sole property, without any compensation whatsoever to you. We have no obligations to you with respect to such Ideas and has the right to destroy submissions of Ideas upon receipt.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately by telecopy at (801) 657-5058 or by internationally recognized overnight courier. All communications should be directed to the attention of Legal Counsel, Light The Sky LLC, 4505 S. Wasatch Blvd. Ste. 290B, Salt Lake City, UT 84124.
We attempt to be as accurate as possible. However, we do not warrant that descriptions or other content of the Website and Services is accurate, complete, reliable, current, or error-free. We reserve the right in our sole discretion, to edit or delete any descriptions, information, or documents or other content appearing on the Website, including these Terms, without any notice requirement or obligation to you.
Event Subject to External Influences
You understand our events are outdoors and are inherently subject to external influences, including, without limitation: 1) rain, wind, snow or other inclement weather, 2) by restrictions and/or prohibitions imposed by local authorities, 3) natural causes, or 4) other events outside of our control. We make no warranties, express or implied, guarantees or assurance that any scheduled event will not be impacted by external influence or otherwise will proceed as scheduled. You acknowledge the existence of this risk and agree to assume such risks of non-performance when you register for an event. Additionally, you understand our events generally consist of releasing a lighted lantern into the sky. You acknowledge and agree Light The Sky is not liable for any personal injury or damage to personal property that may occur either from natural events or occurrences such as lightning strikes or from participation in the event, including burns or other bodily harm.
If an event is cancelled, restricted or otherwise limited due to inclement weather, government agency or other actions outside of our control, you will not receive a refund of your purchase price. If a service or event we offer is not as described, your sole remedy is to request a refund for the amount you paid directly to us. Purchases made from third party stores will be subject to the terms and conditions and refund policies of those stores.
Links to Third Party Websites
The Website may contain links to other websites that are maintained by third parties over which we have no control. These links are provided for convenience only. Use of these links will cause you to leave the Website and use of third-party websites is entirely at your own risk. We make no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. We do not sponsor or endorse the operators of the sites or the content, products, or services they provide. We are not responsible or liable for the conduct of the sites' operators, the content, the availability, the accuracy, the quality, the advertising, the products, the services, or other materials offered at the sites. You are responsible for complying with the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
Illegal or Harmful Use
You may access and use our Website only for lawful purposes and purposes that are not intended to cause harm. You are responsible for any transmission you send, receive, post, access, or store via our Website, including the content of any communication. You agree you will not:
- Submit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
- Link to any portion of the Website other than the URL: 1) assigned to the home page of the Website, or 2) an event specific sub-page accessible from the Website;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
- Remove any copyright, trademark or other proprietary rights notices contained on the Website;
- Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Website, including with respect to any CAPTCHA displayed on the Website. Operators of public search engines may use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past;
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; and
- Use the Website or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Website and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
Website Security and Integrity
You may not violate the security of our Website in any way. Such violations may result in criminal or civil liability. We may, but are not obligated to, investigate any violation of our Website. We may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using the Website, you agree to cooperate in any such investigation. We may, but is not obligated to, take any action it deems necessary to (1) protect its Website, its rights, or the rights of its customers or third parties; or (2) optimize or improve its Website. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Website.
Investigation and Enforcement
We have the right, but are not obligated, to strictly enforce these Terms through self-help, active investigation, litigation, and prosecution. Additionally, we have the right, but not the obligation, to monitor or restrict any uses of the Website we reasonably believe, in our sole discretion, violate these Terms or applicable law.
We reserve the right to act immediately and without notice to restrict, suspend, or terminate your use of the Website, if it reasonably determines that your conduct may: (1) expose us to sanctions, prosecution, civil action or other liability; (2) cause harm to or interfere with the integrity or normal operations of our Website; (3) interfere with our customer's use of the Website; (4) violate any applicable law, rule, or regulation; or (5) otherwise present an imminent risk of harm to us or our customers.
You are solely responsible for all content that you transmit or receive utilizing the Website, and you are responsible for abuse of your account by others.
We may also access and disclose any information (including transactional information) related to your access and use of our Website for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of or subscription to such services. INDIRECT OR ATTEMPTED BREACHES OF THESE TERMS AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER MAY BE CONSIDERED BREACHES OF THESE TERMS BY SUCH COMPANY, CUSTOMER, OR USER.
Disclaimer of Warranties and Liability
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A LIGHT THE SKY WEBSITE.
ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH A LIGHT THE SKY WEBSITE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." LIGHT THE SKY, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. LIGHT THE SKY DOES NOT GUARANTEE THAT ITS WEBSITES WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL LIGHT THE SKY, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS WEBSITE OR PARTICIPATION IN A SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND. FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF LIGHT THE SKY, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY LIGHT THE SKY WEBSITE OR SERVICES WILL NOT EXCEED $50.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF LIGHT THE SKY AND ITS AFFILIATES, AGENTS, AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
By visiting this Website, you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will exclusively govern the construction of these Terms and any dispute of any sort that might arise between you and us. These Terms will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
You release, and will defend and indemnify us and our officers, directors, employees, agents, successors and assigns, from and against all claims or causes of actions, and any liabilities, obligations, judgments, fines, costs and expenses (including reasonable attorneys' and expert witnesses' fees and costs) incurred by an indemnified party due to such claim or cause of action arising out of (i) any breach of these Terms by you (ii) your use of the Website or (iii) the use by any other persons accessing the Website using your account. You further agree to pay our reasonable attorneys' and expert witnesses' fees and costs arising from any actions or claims by third parties and those incurred in establishing whether this section applies.