This page contains Section A: Terms and Conditions and Section B: Terms Of Service. By proceeding to payment, you confirm you have read and agree to the terms outlined below.
By registering on www.lwks.com, you enter a relationship with us, and it is important that you understand the nature of that relationship, which is explained in the Terms and Conditions below.
By registering on this site you are gaining membership to the Lightworks (LWKS) Community and are agreeing to the following:
We are granted permission to set browser cookies, in accordance with EU law.- We are granted permission to send emails containing information pertinent to your membership and licensing to your registered email address.Your registered email address will be included in our mailing lists for both Lightworks and Redshark News, and Lightworks Offers.
In addition, to the extent you access services or content provided by YouTube through Lightworks, you agree to be bound by the YouTube Terms of Service located at: https://www.youtube.com/static?template=terms
1. System emails
‘System’ emails are defined as ‘emails pertaining directly to the user’s lwks.com account’, and these are triggered by either by user-action (such as registration-completion / order-confirmation / forum-thread subscription) or by the licensing system (e.g. license expiry warnings). It is not possible to unsubscribe from ‘system’ emails, other than by account deletion.
2. Campaign list emails
You can unsubscribe from non-essential campaign lists: Lightworks News/Offers at any time, via several methods:1. Change your Account Settings, via the link on your lwks.com profile page.2. Click on the ‘Manage your email subscription’ link included in every campaign email.3. Click on the ‘Unsubscribe from all Lightworks communications’ link included in every campaign email.
3. Forum emails
Participating in a forum thread, or creating a topic, will automatically subscribe you to that topic - you will receive notification emails to alert you to responses. You can unsubscribe from topics by visiting the thread and clicking the ‘Unsubscribe’ button located immediately above the message-list.
4. Community emails
If you join a community group you might receive announcements from that group’s administrator. If you participate in a group-discussion, you will receive discussion notifications. Currently there’s no way to stop these notifications, other than to leave the group.If you have any concerns, please contact firstname.lastname@example.org who will be happy to assist.
“The disposition, character, or fundamental values peculiar to a specific person, people, culture, or movement”Lightworks Forum features are provided to enable Lightworks members and Forum users to communicate and exchange information, knowledge and views between individuals and the entire Community.We want to encourage a positive, optimistic tone, (except in circumstances where it would be either inappropriate or misleading) and posts, where possible, should be informative and accurate. We want this to be fun, and the Forum and Community should reflect this.
The Lightworks Forum is the first place to go when you have questions about any version of Lightworks, if you do not have a support contract with LWKS.The scope of the Forum is limited to discussions about Lightworks, related software and equipment (such as cameras, computers, storage and I/O that might be used with Lightworks) as well as editing techniques and other areas of technology that may be of interest.The Forum may be used to discuss the merits of Lightworks in comparison with other products, but you must comply with the rules (below) about accuracy, respect and appropriate language.Lightworks users should visit the Forum and search for answers to their questions. If searching is not successful then posting a question will normally result in a prompt reply from either an experienced Lightworks user, or a LWKS team member.Please make sure that you search the Forum thoroughly before posting a question, because while the vast majority of users are patient and willing to help, you are unlikely to get much response if the question has been answered many times already.
You must not post inaccurate or defamatory information about the Lightworks or LWKS on Internet forums, blogs or web pages. We welcome the reporting of views on Lightworks, good or bad, but we want to limit the spread of misinformation - malicious or otherwise. It is a condition of use that you do not spread misinformation and that if you are uncertain about any aspect of LWKS’ products, services or publications you contact us first.
You must not make unsubstantiated claims or otherwise speak negatively about Lightworks or any other manufacturer's product without substantiating your comment. For example, if you think that a product is “unusable”, then you must say how it is unusable, for you, in your context.
You must always be polite in your Forum and Community posts. However much you disagree with someone, you must address them politely. For example, nobody is “an idiot”. You may say, however, that you “are surprised that someone could hold such a view in the light of X, Y or Z.” You should be polite and respectful even to LWKS’ competitors.
We will not allow any content or communication that contravenes LWKS’ own policies, which are, in summary, that there must be no submissions or communications that explicitly or by implication suggest inequality or disadvantage based on race, religion, sexual orientation or disability (handicap). Any content submitted that contravenes these rules will not be accepted and the originator will be banned from the Community and Forum. Where political views are expressed, they must be relevant to the industry and must be clearly flagged as the opinion of the author and not LWKS. Overt political grandstanding will not be acceptable.
Your contributions must not be unduly negative. The Ethos of the Forum is that it is positive and helpful. If you are having problems, then please ask questions in a respectful way. “This product is rubbish” and “[Some company] doesn’t know what it’s doing”. Are not acceptable. “I haven’t been able to make this work for me. Can anyone help?” and “I think I must have misunderstood this, because I can’t see how it’s supposed to work. What does anyone else think?” are acceptable. Posts that are considered to be unduly negative will be edited or possibly removed by a Moderator.
The Forum is available worldwide, and has a very large number of users, young and old, and from widely different cultural backgrounds. Please be mindful of this. We will edit posts that we consider inappropriate. We have to ensure that language and content is appropriate for a very wide range of users.
LWKS does not guarantee that staff will respond to any given issue, and the quality of advice given is in part determined by the quality and quantity of information provided by the user. While we will always endeavour to be helpful, LWKS does not take any responsibility for the consequences of advice or information given anywhere on the Lightworks Forum. LWKS does not take responsibility for the consequences of any advice or any content whatsoever posted by non-LWKS employees. As a Forum user, you have no legal redress to any advice given either by LWKS or other Forum users.
You can terminate your LWKS account at any time. To do this, sign in to the User Portal and go to your Profile - https://app.lwks.com/profile. At the bottom of the page you will see a link to ‘Delete account’ - this process will first require you to cancel any active subscriptions. On account deletion, LWKS shall make reasonable efforts to disable and discard all details, however, you acknowledge and agree that removed data may persist in backups or caches for a reasonable period of time and copies of or references to the account may not be entirely removed, due to the commercial nature of the service.
Throughout this document, unless otherwise specified, “LWKS” means “LWKS Software Ltd” .
“Web Shop” refers to the online shop based at www.lwks.com. These terms and conditions do not apply to any other aspect of LWKS’ trading.
LWKS supplies professional equipment and services to the television industry and is primarily a business-to-business supplier. Whilst we will accept and process orders from the general public, such orders are accepted on the basis that they are not subject to the Distance Selling Act (2000). As such the following terms and conditions of business apply to all sales.
1.1 These general terms and conditions (“Terms and Conditions”) apply to all offers, quotations and sales of goods and/or services by LWKS to any purchaser or potential purchaser (“Buyer”). If LWKS and Buyer have entered into a separate written contract relating to the sales of products, or the provision of services, including without limitation a reseller or distributor agreement these Terms and Conditions shall additionally apply to purchases under the separate agreement to the extent they are not inconsistent with the terms of the separate agreement.
1.2 Any agreement between LWKS and Buyer shall be binding only if and to the extent that an individual order is expressly accepted by LWKS in writing. LWKS shall have full discretion in accepting or rejecting any order.
1.3 Except as set forth in Condition 1.1 above, these Terms and Conditions shall be exclusive of and prevail over all other terms and conditions, written or oral, implied by trade custom or course of dealing, wherever appearing or however introduced (including those in catalogues specifications or any Buyer general terms and conditions, request for quotation, order or confirmation) unless expressly otherwise agreed by LWKS in writing. All other terms or conditions are expressly rejected by LWKS . Buyer agrees to be bound by these Terms and Conditions whether or not expressly so stated in any order, confirmation or otherwise. Each deviation from or modification of these Terms and Conditions requires the express written agreement of LWKS in each instance. Modification or waiver of any provision in one instance shall not constitute modification or waiver in any other instance.
1.4 Buyer may not without LWKS’ prior written consent assign all or any of its rights under any contract incorporating these conditions.
1.5 Any reference in these Terms and Conditions to LWKS shall be taken to include all business divisions of LWKS as the case may be.
2.1 No quotation of LWKS shall constitute an offer.
3.1 Goods are supplied in accordance with the relevant manufacturer’s standard specifications but LWKS reserves the right for manufacturers to make such improvements and modifications in such specifications without prior notice as it or its suppliers consider desirable in the circumstances, without obligation to modify or change any goods previously delivered or to supply new goods in accordance with earlier specifications, unless LWKS agrees otherwise in writing at the date of reservation of the goods.
3.2 If LWKS or its suppliers wish to make any improvements or modifications to any goods to be supplied to Buyer that would affect form, fit or function LWKS shall not implement such improvement or modification without the prior agreement of Buyer.
3.3 If Buyer wishes to change the specification of any goods to be supplied by LWKS then LWKS shall not be obliged to agree to such change. If LWKS does agree to any proposed change requested by Buyer then LWKS shall be entitled to adjust the price, delivery and warranty accordingly.
3.4 All technical information and particulars of goods and performance given by LWKS are given as accurately as possible but are not to be treated as binding or as forming part of any contract with Buyer unless specifically confirmed or agreed by LWKS in writing.
The specification for packaging the goods shall be entirely at the discretion of LWKS who shall have the right to pack all goods in such manner, with such materials, and in such quantities as LWKS thinks fit and shall not be obliged to comply with any packaging instructions or requests from Buyer. The cost of special packaging, if agreed or deemed necessary by LWKS , shall be an additional charge.
Unless otherwise accepted by LWKS in writing the price of the goods shall be the relevant price in LWKS’ current price lists at the date of stock reservation. Prices are subject to alteration by LWKS at any time without prior notice. LWKS shall notify Buyer of any alteration in price, whereupon Buyer may cancel the contract (without liability to LWKS ) by giving notice in writing to LWKS within 7 days. Buyer shall bear the cost of any applicable sales, value added, excise, or similar tax in relation to the goods unless Buyer provides LWKS with a tax exemption certificate or licence acceptable to the taxing authorities before shipment.
All orders are subject to the cost of packing and carriage to Buyer’s nominated address in mainland United Kingdom by LWKS’ standard method of transportation. Any requests from Buyer for delivery outside mainland United Kingdom or other than by LWKS’ normal method of transportation are subject to LWKS’ prior agreement and shall entitle LWKS to adjust the price and delivery terms accordingly. Whilst LWKS will use reasonable endeavours to keep to any agreed delivery date, it accepts no liability whatsoever for any loss or damage resulting from delay however caused nor shall late delivery or non-delivery be a basis for cancellation of any order by Buyer. LWKS may make part deliveries. No partial delivery shall affect Buyer’s obligation to pay for any other part of the order. Goods shall be signed for on receipt. Any alleged discrepancy in delivery must be notified to LWKS in writing within 24 hours of receipt of the goods. All complaints not so filed are liable to be waived.
Unless otherwise agreed in writing, all payments by Buyer for the goods and/or services shall be made to LWKS in accordance with the “Credit and Settlement Terms” issued from time to time by LWKS to Buyer. Without prejudice to LWKS’ other rights and remedies including the right in any event to sue for the price whether or not the property in the goods has been passed, interest at the rate specified in the “Credit and Settlement Terms” may be charged on the amount of any overdue account from the due date until the date of final settlement.
7.1 For approved account Buyers, full payment is due within one calendar month from the date of LWKS’ invoice.
7.2 Value Added Tax will be charged on UK and EU sales at the prevailing rate on the value of the invoice if applicable .
7.3 LWKS reserves the right to suspend deliveries if any prior invoice is outside the agreed terms, and will charge interest on overdue amounts from the due date until the date payment is received, both before and after any judgment, at a rate of 2% per month.
7.4 LWKS reserves the right to make limited goods such as used goods or special orders available to other Buyers when the goods have originally been allocated to a finance application that has been on referral for more than 7 days. If a finance application goes on referral it is because the finance company requires more information from the Buyer and it is the Buyers responsibility to ensure that it is resolved quickly.
The risk of loss or damage to the goods shall pass to Buyer upon delivery of the goods at Buyer’s authorised trading premises specified in the order by Buyer or to a carrier on Buyer’s behalf (whichever is sooner) whereupon Buyer shall be responsible for obtaining and paying for appropriate insurance.
9.1 LWKS shall retain title to the goods until it has received payment in full of all sums due and/or owing in connection with the supply of all goods and services to Buyer at any time. For these purposes LWKS has only received payment when irrevocably credited to its bank account.
9.2 If any goods owned by LWKS are attached to, mixed with, or incorporated into other goods not owned by LWKS , and are not identifiable or separable from the resulting composite or mixed goods, title to the resulting composite or mixed goods shall vest in LWKS and shall be retained by LWKS for as long as and on the same terms on which it would have retained title to the goods in question.
9.3 Buyer shall store goods owned by LWKS in such a way that they are clearly identifiable as LWKS’ property, shall maintain records of such goods identifying them as LWKS’ property, of the persons to whom it sells or disposes of such goods and of the payment made by such person for such goods. It will allow LWKS to inspect these records and the goods themselves on request. All goods supplied by LWKS in Buyers possession shall be presumed to belong to LWKS (unless Buyer can prove otherwise).
9.4 LWKS shall be entitled to trace the proceeds of sale and any insurance proceeds received in respect of goods owned by LWKS immediately prior to their sale. Such proceeds shall be held by Buyer on trust for LWKS .
9.5 If buyer fails to make any payment to LWKS when due, enters into bankruptcy, liquidation or receivership or a composition with its creditors, has a receiver, administrator, or manager appointed over all or part of its assets, or becomes insolvent, or ceases to trade or if LWKS has reasonable cause to believe that any of these events is likely to occur, LWKS shall have the right, without prejudice to any other remedies;
9.5.1 to enter without prior notice any premises where goods are owned by LWKS may be, and to repossess and dispose of any goods owned by LWKS so as to discharge any sums owed to LWKS by Buyer
9.5.2 to require Buyer not to resell or part with possession of any goods owned by LWKS until Buyer has paid in full all sums owed by it to LWKS .
9.5.3 to withhold delivery of any undelivered goods and stop any goods in transit. Unless LWKS expressly elects otherwise any contract between LWKS and Buyer for the supply of goods shall remain in existence notwithstanding any exercise by LWKS of its rights under this clause.
Any Complaints against LWKS (other than those referred to in clause 6) must be made within one month of the date upon which Buyer became aware or ought to have become aware of the circumstances giving rise to the complaint. All complaints not so filed are waived.
11.1 LWKS warrants that goods sold hereunder shall be free of defects in materials and workmanship and will conform to any agreed specification(s) at the time of delivery and for such period thereafter, if any, as notified by LWKS to Buyer in writing. If Buyer alleges that the goods were defective at the time of delivery to Buyer, Buyer shall forthwith notify LWKS in writing of the alleged defects and shall, at LWKS’ option, return the goods and packing at its own expense to LWKS or, or where so directed, hold the goods and packing for inspection by LWKS . If the goods are proved to have been defective at the time of delivery LWKS undertakes to arrange for the repair or replacement of such defective goods free of charge.
11.2 The express warranty and undertaking above shall be the full extent of LWKS’ liability in respect of the sale of goods or supply of services. Accordingly, LWKS disclaims all other liability for loss or damage howsoever caused arising out of the purchase, possession, sale or use by buyer of any goods or services provided and all other terms, conditions, and warranties express or implied whether statutory, arising out of trade usage or otherwise are hereby excluded. In no event shall LWKS be liable for any special, incidental or consequential damages including, but not limited to the infringement of any intellectual property rights, delays, or inaccurate information or advice.
12.1 Buyer shall not, without LWKS’ written consent, disclose to any third party any secret or confidential information supplied by LWKS to Buyer.
12.2 Buyer shall not copy or reproduce drawings, specifications, or other written material supplied by LWKS in connection with the goods or any of the goods themselves or any part thereof.
Buyer expressly agrees that it will not export or permit export of any LWKS goods, or use or permit the use of any LWKS’ goods, other than in accordance with all applicable laws (including complying with and obtaining appropriate permits in accordance with all applicable export and custom laws).
LWKS shall, without prejudice to any other provisions hereof, be entitled to cancel or rescind any contract and shall not be liable for any loss or damage if its ability to perform its obligations under the contract is in any way adversely affected for any reason whatsoever not within LWKS’ control, or by commercial unfeasibility including the failure by LWKS’ suppliers to fulfil their obligations, the denial or cancellation of necessary permits or licenses or substantial increases in the costs of performance.
Should Buyer make default in any payment or otherwise be in breach of its obligations to LWKS under these Terms and Conditions or compound with or execute an assignment for the benefit of its creditors or commit any act of bankruptcy or being a company enter into voluntary or compulsory liquidation or suffer a receiver, administrator or manager to be appointed over all or part of its assets or take or suffer any similar action in consequence of debt, LWKS may, without prejudice to any other rights, cancel any undelivered or uncompleted portion of the order and stop any goods in transit.
16.1 No cancellation of any order by Buyer shall be accepted by LWKS unless:
i) The cancellation is received by LWKS in writing; and
ii) LWKS accepts the cancellation in writing and is paid by buyer (a) the sales value to LWKS of that part of the goods completed and work done in connection with the order; (b) the sales value of any items or materials bought by LWKS which cannot reasonably be used elsewhere by LWKS and (c) any other costs and liabilities which LWKS incurs by reason of Buyer’s cancellation.
16.2 Any extra cost or liability incurred by LWKS due to suspension of work or of deliveries or lack of or mistaken instructions from Buyer or to any interruptions or delays attributable to Buyer shall be added to the price of the goods and/or services and paid for by Buyer.
16.3 Goods supplied in accordance with Buyer’s order cannot be accepted for return without the advanced written consent of LWKS . This must be obtained by contacting us by telephone or e-mail and is subject to the following conditions:
i) You have changed your mind and wish to cancel the order and return the goods in their original unopened and undamaged packaging within 14 days of the date of our invoice. In this case, a handling charge/re-stocking fee of 25% will be applicable. Shipping charges are not refundable. Both the 25% and our original shipping charges will be deducted from the total refund. The Buyer is responsible for returning the goods to LWKS and any refund will not be given until the goods have been checked by LWKS on receipt.
ii) If you believe your goods to be faulty and you wish to return them complete, undamaged and with their original packaging for a full refund this must be done within 14 days of the date of our invoice. Buyer is responsible for returning the goods to LWKS **. A refund will not be given until the goods are confirmed to be faulty by a LWKS technician. Additionally, LWKS will confirm that the goods are complete and in their original and undamaged packaging. In all cases, LWKS will do their utmost to complete the checks within 1 working day of receipt of the goods at LWKS premises.
iii) You believe your goods to be faulty and wish to return them for repair/replacement under the manufacturer’s warranty. Buyer is responsible for returning the goods to LWKS **. Once the goods have been received, a LWKS technician will confirm the fault and where the goods are confirmed to be faulty, a repaired or replacement product (in accordance with the manufacturer’s warranty conditions) will be sent to the customer by courier service. We reserve the right to charge for the shipping charges incurred during the return of the goods to the customer. If the goods are not found to be faulty, all return delivery charges will be the responsibility of the customer.
If such consent is given a re-stocking charge of 25% will be made. Returned goods must be unused, undamaged and complete with all original and undamaged packaging and then packed in an additional outer box or covering to ensure that the product and its original packaging are returned without damage. Returned goods must be of current design and must be sent carriage paid and at Buyers risk. Computer software and hardware / software bundles are not eligible for return unless they remain sealed in their original packaging. LWKS is unable to authorise the return of special order and non-stock items.
**Please note that LWKS accepts no liability for loss or damage that may occur to goods being shipped to us and therefore we recommend that Buyers undertake additional insurance with their chosen carrier as a precautionary measure. We can arrange collection return of goods; however the cost of this service will be borne by the customer.
No failure or delay by of LWKS in exercising any of its rights under these Terms and Conditions shall operate as a waiver thereof nor shall any single defective or partial exercise thereof preclude any other or further exercise of that or any other right.
All Software products supplied by LWKS (whether embedded in ROMs or other hardware or contained on disks or other media) including all related manuals and documentation (collectively “Software”) are proprietary to their respective manufacturers and are copyrighted with all rights reserved.
All Software received by Buyer is delivered subject to the terms of the related license agreement as provided by the relevant software manufacturer.
(a) LWKS does not warrant that functions contained in the Software shall meet Buyer’s requirements. LWKS makes no warranty for the performance or suitability of any supplied software.
(b) Software cannot be returned for refund or replacement.
(c) Buyer acknowledges that it shall have no rights in the Software or any trade mark, trade name, or service mark used in association with the Software
(d) In all cases, whether or not expressly contained in the related license, Buyer agrees not to (i) disassemble, decompile, reverse engineer, merge or combine with other software, copy, translate, adapt, vary or modify any Software (in whole or in part), (ii) communicate or disclose any Software (in whole or in part) to any third party, or (iii) distribute any Software (in whole or in part) in any form except as expressly permitted by applicable law.
(e) Save as provided in this Clause 18. no warranty of any type is deemed implied and is expressly excluded, and in no case shall LWKS be deemed responsible for indirect damages or other damages suffered by Buyer as a result of the acts or omissions of LWKS .
These Terms and Conditions shall be subject to and construed under English Law and the parties hereby submit to the exclusive jurisdiction of the English courts for that purpose. If any provision is declared void or unenforceable by a court of competent jurisdiction with respect to particular circumstances, such provision shall remain in full force and effect in all other circumstances. If any provision is declared entirely void or unenforceable by a court of competent jurisdiction all other provisions of these Terms and Conditions shall remain in full force and effect.