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  2. Terms of Service
  3. Please read these Terms of Service carefully before any Use of the Products. Use of the
  4. Products constitutes unconditional agreement to be bound by these Terms of Service. IN
  7. 1. Definitions and Interpretation
  8. In this Agreement:
  9. 1.1. Definition of the service. The service means a LIGHTENING MEDIA PLAYER
  10. service through which individuals may access LIGHTENING MEDIA PLAYER via
  11. proprietary software (The “Software”) under the terms and conditions set forth in this
  12. Agreement.
  13. 1.2.Service Provider means FAIRSENCE INCORPORATED, legal entity which
  15. 1.3.Customer means person who has downloaded LIGHTENING MEDIA PLAYER, has
  16. accepted these Terms of service and is using the media player.
  17. 1.4.Media Player means LIGHTENING MEDIA player.
  18. 1.5.Documentation means any technical or other specifications or documentation that
  19. “Service Provider” may provide to the Customer in connection wit Media Player.
  20. 1.6.Data means all transactional and Content data obtained by, processed by or provided
  21. to the Service Provider through use of Media Player. Data may include, but not limited
  22. to: title, author, description, IP address, mobile device identifiers, operating system,
  23. browser, URLs. Service Provider’s use of data is limited to that which is permitted by
  24. applicable law and these Terms of Service.
  25. 1.7.Distribute means to sell, transfer, assign, circulate, disseminate or make media player
  26. available to third party.
  27. 1.8.Device means technical equipment used by customer to access and use Media Player.
  28. 2. Implementation of Media Player
  29. Customer agrees to comply with the specifications provided by LIGHTENING MEDIA
  30. PLAYER from time to time to enable proper delivery, display, tracking, and reporting of Ads,
  31. Links, Search Results in connection with customer’s device, including without limitation by
  32. not modifying JavaScript or other programming provided to customer by LIGHTENING
  34. 3. Technical Specifications of Media Player
  35. 3.1.Media player is available for Windows operating system only.
  36. 3.2.Player will be downloaded by clicking “Download” icon on the official Media Player
  37. website.
  38. 3.3.An .exe file will be downloaded and installed on hard drive.
  39. 3.4.Media player will automatically connect with OpenSubtitles API in order to retrieve
  40. supported subtitles.
  41. 3.4.1. In situations whereas OpenSubtitles API, for reasons not affected by Media Player
  42. will experience server overload, the user will be required to register on
  43. in order to receive requested subtitles manually.
  44. 3.5.Any additional technical specifications of Media Player are considered as a
  45. commercial secret and are not to be disclosed.
  46. 4. Rights and responsibilities of the Service Provider
  47. 4.1 The „Service Provider“ shall mean corporate entity FAIRSENCE INCORPORATED,
  48. address Majuro Islands, Ajeltake Roads, Trust Company Complex 58745, Marshall Islands, in
  49. relation to the provision of the Service under these Terms and Conditions.
  50. 4.2 The „Service“ shall mean the provision of the use of features of Lightening Media Player
  51. by the Service Provider.
  52. 4.3 The Service provider is entitled to:
  53. (a) deactivate the Service at any time without notice to carry out system maintenance,
  54. upgrading, testing and/or repairs;
  55. (b) limit, restrict or suspend your access to the Service without notice where we are of the
  56. opinion that such action is appropriate as a result of your use of the Service or where you
  57. breach any of these Terms and Conditions and if
  58. i. the law requires the Service Provider to do so;
  59. ii. there is an emergency that affects Service Provider‘s ability to provide the Service
  60. and/or any content;
  61. iii. the Service and/or any content is withdrawn from distribution for whatever reason;
  62. iv. Service Provider no longer holds the right to distribute the Service and/or any content;
  63. v. Service Provider fails to obtain, hold, retain or renew any relevant regulatory
  64. approvals or if any relevant regulatory approvals are revoked or if the Service Provider
  65. is required by a relevant authority to cease transmission of the Service and/or any
  66. content; or;
  67. vi. the Service or content including any advertising therein fails to comply with any
  68. regulatory standards, relevant laws or any requirements or orders issued from time to
  69. time by a relevant authority.
  70. (c) expand, reduce, withdraw and/or modify any part of the Service and/or any content
  71. (meaning any content made available or appearing in the Service including but not limited to
  72. any data, information, images, graphics, video and/or audio content, applications,
  73. downloadable files or other multimedia content that can be accessed through or on the
  74. Service), remove, disable and/or suspend transmission or streaming of the Service or content
  75. which we consider in our sole opinion, breaches any applicable law, regulation or regulatory
  76. directive or to be otherwise unacceptable.
  77. 5. User‘s responsibilities
  78. 5.1 „User“ shall mean person using the Service provided by the Service Provider.
  79. 5.2 User is obliged is to understand and follow the following rules and responsibilities:
  80. (a) have to be aged 18 or above to access or use the Service;
  81. (b) are only authorized to use the Service and view the content for your own personal and
  82. non-commercial use in accordance with these Terms and Conditions;
  83. (c) will be strictly and solely responsible for your own use of the Service;
  84. (d) must not, and must not permit any other person, to sell, reproduce, copy, distribute,
  85. publish, modify, prepare derivative works based on the content;
  86. (e) agree that the Service and content are only for your private domestic viewing and access
  87. and shall not yourself, or permit any other person to, show, play, use, access or view the
  88. Service and/or content for any public or commercial purposes unless with our prior written
  89. consent;
  90. (f) shall not charge for use or access to the Service or any content or for access to any
  91. premises where the Service or content are viewed;
  92. (g) will abide by all relevant international and domestic laws of the Service Provider and any
  93. operating and/or usage rules, as amended from time to time; and
  94. (h) will report any violation of these Terms and Conditions to our customer service team.
  95. 3.3 User agrees not to:
  96. (a) restrict or inhibit any other persons from using the Service, including, without limitation,
  97. by means of "hacking" or defacing any portion of the Service;
  98. (b) access or use the Service, the content or the software for any unlawful purpose or any
  99. purpose not expressly authorized by these Terms and Conditions;
  100. (c) modify, adapt, sub-license, reproduce, distribute, copy, exploit, translate, sell, reverse
  101. engineer, decompile or disassemble any portion of the Service, any of the software and/or any
  102. content;
  103. (d) remove any copyright, trademark, or other proprietary rights notices contained in the
  104. Service and/or the content;
  105. (e) copy and/or frame any part of the Service or the content without our prior written
  106. authorization;
  107. (f) collect information of users of the Service;
  108. (g) hack, break into, or attempt to hack or break into, in any manner the Service, the software,
  109. and/or any data areas on Service Provider‘s server(s) or that of any third parties;
  110. (h) download, copy, store, rip, distribute, share or re-direct any content from the Service in
  111. any way or through any media;
  112. (i) incorporate any software or other materials that contain any virus, worm, time bomb,
  113. Trojan horse, or other harmful or disruptive component;
  114. (j) forge headers or otherwise manipulate identifiers in order to disguise the origin of any
  115. content transmitted through the Service;
  116. (k) interfere with or disrupt the Service or servers or networks connected to the Service;
  117. (l) further or promote any criminal activity or enterprise or provide instructional information
  118. about illegal activities;
  119. (m) agrees to indemnify the Service Provider, its content providers, sub-contractors, licensors
  120. and agents against any action, liability, cost, claim, loss, damage, proceeding, and/or expense
  121. suffered or incurred by us arising from or which is related to:
  122. i. User‘s use of the Service, the content, and/or the software; and
  123. ii. any breach or non-observance of any of these Terms and Conditions by the User.
  124. 6. Software updates and licensing
  125. 6.1 Users may from time to time be requested to download software, applications and/or
  126. programs to use the Service.
  127. 6.2 User agrees to download and install the Software and/or updates in the device, to be used
  128. by the User for accessing and/or installing the Service.,
  129. 6.3 User agrees and acknowledges that downloading software, applications and/or programs
  130. to use the Service may contain unnoticeable applications and/or programs and which might
  131. not be detected by the User.
  132. 6.4 User acknowledges that the Service Provider may refuse to provide the Service in the
  133. event User fails to successfully download and install the Software.
  134. 6.5 The Service is solely for User‘s personal and non-commercial use. The Service Provider
  135. grants you a limited, non-exclusive, non-transferable, license to use the Service.
  136. 6.6 The Service Provider under no circumstances will be liable in any way for any video
  137. content, including, but not limited to, for any errors or omissions in any video content, or for
  138. any loss or damage of any kind incurred as a result of any such video content.
  139. 7. Intellectual Property rights
  140. The Service Provider owns all rights in the Lightening Media Player, any technology
  141. associated with the media player and trademarks and any goodwill, derivative works,
  142. improvements and/or intellectual property associated with the Lightening Media Player. The
  143. User or any third party will not copy, modify, distribute, sell, or lease the Lightening Media
  144. Player or any part thereof or attempt to unlock or bypass any encryption or other protections.
  145. The User acknowledges that the Lightening Media Player constitutes Service Provider‘s trade
  146. secrets and confidential information. The User will not use any such information to duplicate
  147. the Lightening Media Player, to develop a similar product, or to enable any third party to do
  148. any of the foregoing. Any violation of this provision shall be deemed to be an infringement of
  149. the Service Provider‘s intellectual property and may result in termination of User’s operating
  150. rights at Service Provider‘s sole discretion and/or taking any legal action that the Service
  151. Provider may deem necessary.
  152. The User must not use the Lightening Media Player in a way that causes, or may cause,
  153. damage to the Lighting Media Player or impair the availability of access to the Lighting
  154. Media Player. User must not use the Lightening Media Player to copy, store, host, transmit,
  155. send, use, publish or distribute any material that consists of (or is linked to) any spyware,
  156. computer virus, Trojan horse, worm, keystroke logger, root kit and/or other harmful code or
  157. malicious software. Any rights not expressly granted herein are reserved by the Service
  158. Provider.
  159. 8. Force Majeure
  160. Service Provider will use reasonable efforts consistent with prevailing industry standards to
  161. maintain the Services in a manner which minimizes errors and interruptions in the Services
  162. and will perform the implementation services in a professional and workmanlike manner.
  163. Services may be temporarily unavailable for scheduled maintenance or for unscheduled
  164. emergency maintenance, either by us or by third-party providers, or because of other causes
  165. beyond our reasonable control.
  166. Neither the User nor the Service Provider shall be liable for any damages arising out of any
  167. unforeseeable incident including but not limited explosion, accident, fire, drought, flood, war,
  168. terrorism, the acts of governmental unit or any reasonably unforeseeable event that might
  169. occur and cause the impossibility to provide the Service.

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