Terms And Conditions
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PROJECTORLAMP.COM ("PL") YOU
MUST READ THE TERMS AND CONDITIONS OF USE SET OUT BELOW CAREFULLY BEFORE USING
THIS WEBSITE. BY ACCESSING, BROWSING, SUBSCRIBING TO OR OTHERWISE USING THIS
WEBSITE, YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT
(THE "AGREEMENT"), AS AMENDED FROM TIME TO TIME BY PROJECTORLAMP.COM IN ITS
SOLE DISCRETION. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS
SET OUT IN THIS AGREEMENT, DO NOT USE THIS WEBSITE.
APPLICATION
This Agreement is applicable to projectorlamp.com (the "Site") and other
online services provided by PROJECTORLAMP.COM in conjunction with the Site,
including but not limited to e-mail correspondence (collectively referred
to, together with the Site, as the "Service"). All products and services
of PROJECTORLAMP.COM and its subsidiaries and affiliates are subject to
the terms of any agreement by which they are normally made commercially
available including, without limitation, the Terms of Sale. Information
from the Site regarding services and products of PROJECTORLAMP.COM is
intended for use only in jurisdictions where such services or products
may lawfully be offered for use and/or for sale and neither use nor
sale is intended where prohibited by law.
PRIVACY CODE
PROJECTORLAMP.COM collects personal information through the Site. Your
personal information will only be used for PROJECTORLAMP.COM 's internal
purposes, for the purposes for which it was collected and for purposes to
which you have given your consent. PROJECTORLAMP.COM 's collection, use
and disclosure of your personal information is governed by its Privacy Code.
ACCOUNT, PASSWORD, AND SECURITY
The servers hosting the Site are protected by sophisticated firewall
hardware and software, and are physically located in secured facilities.
You may be issued a user name and password (collectively, your "Account")
in order to access certain sections of the Site and/or certain products
and services available through the Site. You are responsible for
maintaining the confidentiality of your Account and for all activities
that occur through the use of your Account. You agree to: (a) immediately
notify PROJECTORLAMP.COM of any unauthorized use of your Account or any
other breach of security; and (b) ensure that you exit from your Account
at the end of each session. PROJECTORLAMP.COM will not be liable for any
loss or damage arising from your failure to comply with this section.
You may be issued a new password or required to change your password from
time to time in PROJECTORLAMP.COM 's sole discretion.
USER'S CONDUCT
a. You are solely responsible for the content of your transmissions in
relation to the Service.
b. You acknowledge that your use of the Service is subject to all
applicable municipal, provincial, federal and international laws and
regulations.
c. You hereby agree: (i) to comply with applicable laws regarding the
transmission of technical data exported through the Service; (ii) not
to use the Service for illegal purposes; (iii) not to interfere or
disrupt networks connected to the Service; (iv) to comply with all
regulations, policies and procedures of networks with respect to the
Service; and (v) not to use the Service for chain letters, junk mail,
spamming or any use of distribution lists to any person who has not
given specific permission to be included in such a process.
d. You agree not to post and transmit through the Service any unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar, obscene or
otherwise objectionable material of any kind or nature. You further agree
not to post and transmit any material that encourages conduct that may
constitute a criminal offence, give rise to civil liability or otherwise
violate any applicable municipal, provincial, federal and international
law and/or regulation. Attempts to gain unauthorized access to other
computer systems used in connection with the Service are prohibited.
e. You agree not to upload or permit others to upload any material
that infringes the rights of others, or contains any virus or other
content that may affect the Service, the network or any third party's
equipment or software.
f. You agree not to violate the intellectual property rights of
PROJECTORLAMP.COM or any third party, including but not limited to
copyright, trade-mark, or other proprietary rights.
g. You shall not interfere with any third party's use and
enjoyment of the Service.
h. You acknowledge that PROJECTORLAMP.COM may, at its
sole discretion, immediately terminate the Service in the
event that your conduct fails to conform to the terms and
conditions set out in this Agreement.
i. You shall not upload, or permit others to upload, material
to the Service if that material: (i) infringes or violates the
rights of others; (ii) is, or may be perceived by PROJECTORLAMP.COM
or other likely recipients as defamatory, deceptive, misleading,
abusive, profane, offensive, or inappropriate; (iii) contains any
virus or other content that may damage the Service, the network, or
a third party's equipment or software; or (iv) violates any laws,
rules, or regulations of any governmental or other administrative
organization having authority over the Service, PROJECTORLAMP.COM
or any third party.
ANY ATTEMPT TO DELIBERATELY DAMAGE THE SITE OR ANY RELATED WEBSITE
MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS. SHOULD SUCH AN
ATTEMPT BE MADE, PROJECTORLAMP.COM RESERVES THE RIGHT TO SEEK
REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW,
INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
NO RESALE OR COMMERCIAL USE OF THE SERVICE
Your right to use the Service is personal to you. You agree not
to resell or make any commercial use of the Service, without
the express consent of PROJECTORLAMP.COM.
SUBMISSIONS
You agree not to submit, publish, transmit, display, disseminate
or otherwise communicate any libelous, defamatory, inaccurate,
abusive, threatening, offensive or illegal material while connected
to or otherwise using the Service. Transmission of such material shall
constitute a material breach of this Agreement. PROJECTORLAMP.COM
does not and cannot review every submission posted by users and is
not responsible for, nor does it endorse, such submissions. You
acknowledge that any submissions may be edited, removed, modified,
published, transmitted and displayed by PROJECTORLAMP.COM or the
administrators of the Service, in its and their sole discretion.
You are solely responsible for the content of your submissions.
By submitting content through the Service, you grant PROJECTORLAMP.COM
and its affiliates a royalty-free, perpetual, irrevocable, transferable,
non-exclusive right and license to produce, reproduce, publish, broadcast,
communicate by telecommunication, exhibit, distribute, adapt and
otherwise use and re-use such content, in whole or in part, throughout
the universe in all media now known or hereafter devised. You represent
and warrant that you have the lawful right and authority to grant the
license granted herein. You also authorize any user of the Service to
access, display, view, store and reproduce such content for his/her
personal use.
PARTICIPATION OF ADVERTISERS
From time to time, the Site may contain advertising from third parties.
As a result, you may have the opportunity from time to time to enter into
correspondence with or participate in promotions offered by any advertisers
showing their products or services on the Service. Any such correspondence
or promotions, including the delivery of and the payment for goods and
services, and any other terms, conditions, warranties or representations
associated with such correspondence or promotions, are solely between you
and the advertiser. PROJECTORLAMP.COM assumes no liability, obligation or
responsibility for any part of any such correspondence or promotion.
FACTS, DATA AND INFORMATION
The facts, data and information provided by the Service are believed to
be reliable when posted and are for informational purposes only. PROJECTORLAMP.COM
cannot guarantee that such material is accurate, complete, or current at all times.
The facts, data and information provided in relation to the Service is provided to
you "as is" without warranties of any kind, expressed or implied, and is not
intended to provide specific technical, financial, tax, legal, business,
accounting, or other advice for your individual circumstances. PROJECTORLAMP.COM
is not responsible in any manner for direct, indirect, special, or
consequential damages however caused and/or arising out of the use of the Service.
CONTENT ALERT
PROJECTORLAMP.COM neither endorses the contents of any third party
communications or uploaded material, nor assumes responsibility for
any threatening, libelous, obscene, harassing or offensive material
contained therein, any infringement of third party intellectual property
rights arising there from or any crime facilitated thereby.
PROJECTORLAMP.COM reserves the right to delete content which it
deems objectionable, but makes no claim to ensure that all
objectionable or illegal content will be removed. You hereby consent
to such removal and waive any claim arising out of such file removal.
In addition, you acknowledge and agree that during the course of providing
the Service, PROJECTORLAMP.COM may be required to grant access to a third
party and/or decrypt files in response to any lawful subpoena or other form
of legal compulsion. You hereby consent to such legal production and waive
any claim arising out of such legal production.
OWNERSHIP OF PROTECTED MATERIAL
Except for public domain material, all content and material on and/or
forming part of this website from time to time, including all text,
information, links, icons, graphics, designs, audio, video, animation,
logos, slogans, trade-marks, service marks and trade names, and the
design and arrangement thereof, and all source code and software
(collectively referred to as the "Protected Material"), are protected
by copyright, trademark and other laws, and are owned or controlled
by PROJECTORLAMP.COM or its licensors, unless otherwise indicated.
All rights not expressly granted to you in this Agreement are reserved.
The Protected Material may only be used for personal, non-commercial
purposes, and may not be copied, produced, reproduced, published,
broadcast, communicated by telecommunication, exhibited, distributed,
transmitted, retransmitted, adapted or otherwise used or re-used,
in whole or in part, without the express written consent of its owner.
DISCLAIMER OF WARRANTIES
THE SERVICE IS INTENDED U.S. AND CANADIAN RESIDENTS ONLY. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE
UNDER LAW, PROJECTORLAMP.COM DISCLAIMS ALL REPRESENTATIONS, WARRANTIES
AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT OF PROPRIETARY
RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF
DEALING OR COURSE OF PERFORMANCE. PROJECTORLAMP.COM DOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL
BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROJECTORLAMP.COM DOES
NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR
USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR THE INTERNET GENERALLY.
IN NO EVENT WILL PROJECTORLAMP.COM BE LIABLE TO YOU OR ANYONE ELSE
FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE
UPON THE INFORMATION PROVIDED THROUGH THE SERVICE INCLUDING, WITHOUT
LIMITATION, ANY INVESTMENT DECISIONS OR DECISIONS TO ENGAGE THE SERVICES
OF ANY PARTICULAR WEALTH MANAGEMENT OR INVESTMENT FUND COMPANIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROJECTORLAMP.COM
SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU IN CONNECTION WITH
THIRD PARTY WEBSITES ACCESSIBLE BY LINKS POSTED ON THE SITE (EACH,
A "LINKED SITE" AND COLLECTIVELY, THE "LINKED SITES"). ACCESS TO
ANY LINKED SITE IS AT YOUR OWN RISK AND PROJECTORLAMP.COM IS NOT
RESPONSIBLE FOR THE AVAILABILITY, ACCURACY OR RELIABILITY OF THE
CONTENTS OF ANY LINKED SITE OR ANY LINK POSTED ON A LINKED SITE.
PROJECTORLAMP.COM PROVIDES LINKS TO YOU ONLY AS A CONVENIENCE, AND
THE INCLUSION OF A LINK DOES NOT IMPLY ENDORSEMENT OF THE LINKED
SITE OR ANY PRODUCTS, SERVICES, MATERIALS OR STATEMENTS CONTAINED
OR REFERRED TO THEREON BY PROJECTORLAMP.COM.
LIMITATION OF LIABILITY
YOU AGREE THAT PROJECTORLAMP.COM AND ITS SUBSIDIARIES, AFFILIATES,
DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND
LICENSEES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND
ARISING FROM YOUR USE OF THE SITE, THE SERVICE, OR ANY LINKED SITES
OR YOUR RELIANCE ON ANY CONTENT. YOU AGREE THAT THIS LIMITATION OF
LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES.
INDEMNITY
You agree to indemnify, defend and hold harmless PROJECTORLAMP.COM
and its subsidiaries, affiliates, directors, officers, employees,
representatives, licensors and licensees, from any damages, losses,
costs and expenses (including legal fees), incurred in connection
with any third party claim or demand alleging or based upon your
breach of this Agreement or your violation of any law or the rights
of such third party. PROJECTORLAMP.COM reserves the right, at its
own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you hereunder,
and you shall cooperate as fully as reasonably required by
PROJECTORLAMP.COM.
MODIFICATIONS TO THIS AGREEMENT
PROJECTORLAMP.COM reserves the right, in its sole discretion,
to change, modify or amend this Agreement at any time. Please
remember to check the date of this page as it will change should
any modifications be made. Your continued use of the Service
constitutes an affirmative: (1) acknowledgment by you of
PROJECTORLAMP.COM 's modifications; and (2) agreement by you
to abide and be bound by PROJECTORLAMP.COM 's modifications.
MODIFICATIONS TO SERVICE
PROJECTORLAMP.COM reserves the right, in its sole discretion,
to modify, alter, update and/or discontinue the Service or any
portion thereof, at any time, for any reason, and without notice.
PROJECTORLAMP.COM shall not be liable to you or any third party
should it exercise its right to modify, alter, update and/or
discontinue the Service.
NOTICE
PROJECTORLAMP.COM may broadcast notices or messages through the
Service to inform you of changes to the Service, or other
matters of importance. Such broadcasts shall constitute
notice to you.
GOVERNING LAW
This Agreement and your use of the Site shall be governed and
construed in accordance with the laws of the province of Ontario
and the federal laws of Canada applicable therein, excluding
the application of any rule or principal of conflict of law
that might otherwise refer construction, interpretation, or
the resolution of any dispute to the laws of another
jurisdiction.
Any dispute arising under this Agreement shall be resolved
exclusively by the courts located in Toronto in the province
of Ontario. You agree not to bring any legal action against
PROJECTORLAMP.COM in any jurisdiction except the province of
Ontario and you shall submit and consent to such jurisdiction.
If any provision of this Agreement shall be deemed unlawful by
a court of law, then the impugned provision shall be deemed
severed and shall not affect the validity and enforceability
of any remaining provisions. This Agreement constitutes the
entire agreement between you and PROJECTORLAMP.COM in connection
with your use of the Service. Your use of the Service is not
intended and shall not be deemed to create any agency, joint
venture or other legal relationship of any kind between you
and PROJECTORLAMP.COM other than that of independent contractors.