The following agreement captures the terms and conditions of use ("Agreement"), which apply to your use of LMSerp.com ("Website"), which promotes global business between suppliers and buyers. It is a contract between you and the web site/LMS services ("LMS"). The terms "you," "your," and "User(s)" refer to anyone who accesses or uses the web site for any reason.
You undertake and agree that you have fully read, understood, and accepted the agreement by subscribing to or interacting with other user(s) on or entering into negotiations in respect of the sale or supply of goods or services on or using the web site or LMS services in any manner for any purpose.
You may not access or use the web site in any way if you do not agree to or do not wish to be bound by the agreement.
Your access to and use of the LMS websites is subject to and governed by these terms of use, also known as "TOU," as well as any additional or different disclaimers, legal notices, agreements, or terms and conditions that may apply to your use of or access to any specific LMS website, LMS materials, or user content. If the terms of this TOU and any additional legal terms conflict, the additional legal terms will take precedence. This TOU creates a legally enforceable contract between you and LMS. You accept and agree to abide by the terms of this TOU by clicking a "I Accept" button as part of a registration procedure, or by otherwise expressing your assent to this TOU through a mechanism provided by LMS. You should not click the "I Accept" button (or equivalent) or attempt to access or use any LMS website, LMS materials, or user content if you do not agree to the terms of this TOU.
LMS reserves the right to amend the TOU to reflect changes in LMS's business, relevant law, or for any other reason deemed appropriate by LMS. If the terms of the TOU change, LMS will notify you, which may include, but is not limited to, notice via the Websites or an LMS user account. Except where prohibited by law, modifications to the TOU will take effect immediately they are posted or otherwise provided notice. Changes to the TOU, however, will not be retroactive. If you do not agree with any modifications to the TOU, you must stop using the impacted LMS website, LMS materials, or user content.
LMS does not claim ownership of any user content you publish, upload, input, or submit to any LMS website. By posting, transmitting, or uploading any user content, including any article, information, data, code, text, software, documentation, graphic, image, marketing material, video, photograph, message, suggestion, feedback, idea, or posting to any forum, wiki, or blog on any LMS website, You grant to LMS a perpetual, irrevocable (subject to mandatory data protection requirements), non-exclusive, world-wide, fully-paid up, and royalty-free licence to use such user content with any LMS.
This licence includes, without limitation, the irrevocable (subject to mandatory data protection requirements) right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, licence, and provide the user content to third parties; make, have made, offer to sell, sell, lease, or otherwise distribute any user content or product; and practise any method incorporating such user content (including the right to sublicense any of the foregoing).
You represent and warrant to LMS that you have the legal right, title, and/or permission to grant LMS such licence. Your submitted user content may be rejected by the LMS. if LMS chooses to post or publish your user content, LMS has the right, in its sole discretion, to withdraw the posted or published user content for any reason and without notice, even if LMS had previously indicated to you that LMS might or will post the user content you have contributed.
You realise and agree that your connection with LMS is not confidential, fiduciary, or any other special relationship. LMS reserves the right, but not the obligation, to use your name, likeness, biography, and other information about you that you have provided in connection with any use of the user content you submit, and LMS may continue to use this information after any termination of your account or access to the websites for a limited duration, for the purpose of identifying the source of user content that you previously submitted or legal purposes. Nothing in this TOU restricts or prohibits LMS from creating or obtaining user content or submissions that are similar to or competitive with the user content that you have submitted.
The LMS websites, LMS materials, and user content are for your personal, non-commercial use only; that is, your use must not be designed for or oriented towards commercial advantage or monetary remuneration. The LMS websites, LMS materials, or user content may not be copied, modified, distributed, transmitted, displayed, performed, published, licenced, created derivative works from, transferred, rented, leased, or sold. You may, however, download, store, and display LMS Materials and user content on your computer or other electronic device solely for viewing, listening to, playing, and printing; provided, however, that: (a) the LMS materials and user content may only be used for informational, non-commercial purposes and will not be copied or posted on any computer network, or otherwise published, broadcast, or distributed in any method or media; and (b) the LMS materials and user content, including any copyright notices, may not be edited or altered in any way.
You may not use the LMS websites in any way that could damage, disable, overburden, or impair any LMS server or the network(s) connected to any LMS server, or interfere with the use and enjoyment of any LMS website by any other party. You may not use hacking, password mining, or any other method to gain unauthorised access to any LMS website, other accounts, computer systems, or networks connected to any LMS server. You may not access or attempt to obtain any materials or information by any methods other than those made purposely available through the LMS websites.
(a)Publish, upload, post, email, transmit, or otherwise make available any user content that you do not have the right to make available;
(b)Unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;
(c)Infringes any party's intellectual property rights; or (d) includes any unsolicited or unauthorised advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of commercial or otherwise solicitation, or
(d)Contains a software virus, trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage, or limit the functionality of any computer hardware, software, or other property;
(e)Defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity or business integrity;
(f) Impersonate any person or entity, including, but not limited to, an LMS official, LMS employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
(g)Forge email headers or otherwise manipulate identifiers in order to disguise the origin of any user content transmitted through the LMS websites;
(h) Download any file or user content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
(i)Interfere with or disrupt the servers, or networks which support the LMS websites, or disobey any requirements, procedures, policies or regulations of networks connected to the LMS websites;
(j)Violate any applicable local, state, national or international law and any regulations;
(k) Harvest, collect, or store personal information or data of other users.
LMS may, in its sole discretion, at any time discontinue providing or limit access to the LMS websites, any areas of the LMS websites, or any LMS materials or user content provided on or through the LMS Websites. You agree that LMS may, in its sole discretion, at any time, terminate or limit your access to, or use of, any or all of the LMS websites or any LMS material or user content. In the event you are in material breach of the TOU, LMS may, at its sole discretion, suspend or terminate your account, delete Your content from the LMS website, and refuse you any current or future use of an LMS website without notice. LMS shall not be liable to you or any third party for any such suspension or termination.
If you wish to terminate your account, you may do so by submitting your request via email to dataLMSerp@LMS.com. Please note that in the event that you elect to terminate your account, LMS has the right and may elect to continue to post and publish on the websites personally identifying information associated with user content that you have posted.
LMS is not obligated to evaluate or provide any comments to you regarding user content that you submit. At LMS’s sole discretion, LMS may contact you with critiques, updates, feedback, status or questions regarding your submission. In no event will any such contact or communication from LMS obligate LMS to adopt your submission, provide a timeframe for evaluation, or even provide any additional communication regarding your submission.
Except for LMS websites which are clearly identified as non-public forums (each a " Non-Public Forum"), LMS websites are intended to be public forums, and you agree not to provide LMS or other users with any confidential or proprietary information that you or the owner of the information do not intend to become public information. Except for user content clearly labelled as confidential that you upload into a non-public forum, any user content that you send or upload to an LMS website will be deemed NOT to be confidential or proprietary, and you expressly agree that you waive any trade secret or other confidentiality rights with respect to such user content.
You agree not to reproduce any confidential information to which you are provided access through an LMS Website in any form except as authorized at the time of disclosure. Any reproduction of confidential information shall remain the property of LMS or the third party that has prepared such information and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to
(a) Take all reasonable steps (defined below) to keep all confidential information strictly confidential;
(b)To use confidential information solely as authorized at the time of disclosure and
(c)Not to disclose any confidential information to any party without the prior written consent of LMS or the third party that has prepared such information. You do not acquire any rights in confidential information except the limited rights as described herein.
In no event shall You use confidential information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the LMS software or LMS websites, or compete with LMS Software or LMS websites in whole or in part. As used herein, ‘Confidential Information’ shall mean all trade secrets, intellectual property rights, and other information LMS or third parties protect against unrestricted disclosure to others which is
(i) Either labelled Confidential and accessed through a restricted or non-public area of an LMS website or pursuant to software downloads, or
(ii) Reasonably identifiable as confidential based on the type of information and the manner of its disclosure. As used herein ‘reasonable steps’ means those steps you and/or Your company take to protect your own confidential information, which shall not be less than the industry standard of care.
ALL USER CONTENT POSTED BY YOU TO AN LMS WEBSITE, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK, AND LMS TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF AN LMS WEBSITE.
Some of the LMS websites require that you become a registered user. Before you can use these websites, You have to register with LMS and provide LMS with certain information, which may include personally identifiable information, such as your name and your email address (“Personal Data”). By providing LMS with personal data, You expressly agree that LMS may collect, use, store and otherwise process your personal data for the purpose of providing you with access to the websites and related activities and communications in which you agree to participate.
You are responsible for and agree to provide LMS with complete, true, and current information, including personal data, and to keep your personal data accurate and up to date. You can always correct or update your personal data. Furthermore, you may request information about your personal data stored with LMS, or the correction (in case the relevant website is not allowing you to correct or update your information), or deletion of your personal data by contacting datalmserp@LMS.com. Please note that if you request the deletion of your account or personal data, You might not be able to further access and use the LMS websites and your user content.
You are solely responsible with regard to usage and security of your password and any activities that occur under your account. You shall not use the account of anyone else at any time. You understand and agree that LMS collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the LMS websites subject to LMS’s privacy statement.
YOU AGREE TO COMPLY WITH THE TERMS OF THE LMS PRIVACY STATEMENT, WHICH CAN BE FOUND BY CLICKING ON THE ‘PRIVACY’ LINK AT THE BOTTOM OF EACH WEB PAGE ON LMS WEBSITES.
As used herein, ‘Intellectual Property Rights’ ‘Intellectual Property Rights’ means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
All Intellectual Proprietary Rights to any LMS Software, the LMS websites, LMS materials, and user content belongs to LMS or the individual or entity that submitted it. Nothing in this TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any LMS software, the LMS websites, any LMS materials, or any user content for any reason, unless otherwise expressly permitted by the TOU or by law. You hereby agree to assign and do assign to LMS (and LMS accepts such assignment) any modifications or derivative works of any LMS software, the LMS websites, and LMS materials made by You in contravention of this limitation without remuneration of any kind.
Information on requirements for using LMS trademarks can be found by clicking on the “Trademarks” link at the bottom of each web page on LMS websites.
Any content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the content. LMS does not represent or endorse the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any content provided by third parties on an LMS website.
LMS websites may contain links to external websites. LMS shall not be responsible for the contents of any linked website, or any changes or updates to such websites. Additionally, LMS shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any software, content, goods or services available on or through any such linked website. LMS does not control and/or review the linked web-pages and the information provided by third parties.
All LMS software is the copyrighted work of LMS. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works, including the LMS Software, is an infringement of the copyright holder’s rights. Information on the process for requesting LMS’s permission to use any LMS-owned copyrighted works can be found by clicking on the “Copyright” link at the bottom of each web page on LMS websites.
You agree to indemnify and hold LMS, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your user content or your usage of an LMS website, your breach of this tou, any additional legal terms, or LMS privacy statement, your unauthorized use of any LMS-owned intellectual property, or your alleged violation of any other rights of a third party.
You agree to indemnify and hold LMS, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party against any of the aforesaid entities or persons due to or arising out of Your culpable breach of this TOU, any additional legal terms or LMS’s copyright or privacy statements.
LMS websites and content are being provided to you “AS IS”. To the fullest extent allowable by law, LMS does not guarantee or warrant any features or qualities of any LMS website or content, or give any undertaking with regard to any other quality. Statements and explanations on LMS websites and content in promotional material or on LMS website and/or documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a user from any published LMS description of or advertisement except to the extent LMS has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of LMSs management.
LMS will not be liable or responsible in any way for any user content posted on or linked from an LMS Website, including, but not limited to, any errors or omissions in content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any content or other material accessed on or through any LMS website and made available by a third party.
To the extent allowable by applicable Law, LMS and its affiliates, subsidiaries, officers, employees, agents, partners, and licensors are not liable to any user for any direct, indirect, incidental, special, punitive, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, revenue, goodwill, use, data, or other intangible losses (even if LMS has been advised of the possibility of such damages), however caused, whether in contract, tort, or otherwise, arising out of or resulting from
(i) The use or the inability to use an LMS website, LMS software, or LMS materials;
(ii) The cost of procurement of substitute goods and services arising out of your use or inability to use any LMS software, LMS materials or services purchased or obtained during transactions conducted on an LMS website;
(iii) Unauthorized access to or alteration of your transmissions or data
(iv) Statements, messages, or conduct of any third party on an LMS website; or
(v) Any other matter relating to an LMS website or LMS materials. Not withstanding anything to the contrary herein, these limitations shall not apply in case of intent or gross negligence by LMS and in case of LMS's statutory liability for personal injury and defective products.
Irrespective of the legal reasons, LMS and LMS’s affialiates and subsidiaries only shall be liable in the cases set out below
In all other cases, neither LMS nor its affiliates, subsidiaries, employees, agents and subcontractors shall be liable for any kind of damages or claims hereunder.
Indian law will govern this TOU without giving effect to any principles of conflicts of laws. You also agree to comply with all applicable export control laws as set forth under the ‘EXPORT REGULATION’ section below which are applicable to the transmission of data on the internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
The laws of France will govern this TOU without giving effect to any principles of conflicts of laws. To the extent possible under applicable law, venue for all disputes in connection with this TOU shall be Antony, France.
Your confidentiality obligations hereunder shall survive termination of your account. Upon any termination of your account, or LMS’s written request, you must cease use of confidential information, and/or LMS websites, and return or destroy all confidential information in your possession or control.
The failure of LMS to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be invalid or unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.
The TOU represents the entire arrangement between the parties in respect of its subject matter and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to its subject matter. No collateral agreements have been made.
you are doing so at your own risk, and you remain fully responsible and liable for familiarity and compliance with these terms of use as well as with the laws, regulations, directives, codes, and rules of the France , European Union, and the country within which you reside, including applicable import and export compliance laws and regulations, as well those of the jurisdiction from which you are accessing an LMS website, and any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on an LMS website.
You agree that your use of an LMS website, or any content will be in compliance with France export control laws and executive orders. The information provided on and through an LMS website may be deemed in some cases to be controlled technology and subject to the export control restrictions of the EU and other jurisdictions
IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE EU AND OF THE COUNTRY FROM WHICH YOU ARE ACCESSING LMS WEBSITE
For any further information or question, you can write to the following email address : infolmserp@LMS.com