Terms And Conditions
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PROJECTORLAMPSOURCE.COM ("PLS")
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 PROJECTOR LAMP SOURCE 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 projectorlampsource.com (the "Site") and other online
services provided by PROJECTOR LAMP SOURCE 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 PROJECTOR LAMP SOURCE
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
PROJECTOR LAMP SOURCE 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
PROJECTOR LAMP SOURCE collects personal information through the Site. Your personal
information will only be used for PROJECTOR LAMP SOURCE's internal purposes, for
the purposes for which it was collected and for purposes to which you have given
your consent. PROJECTOR LAMP SOURCE'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 PROJECTOR LAMP SOURCE 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. PROJECTOR LAMP SOURCE 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 PROJECTOR
LAMP SOURCE'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 PROJECTOR LAMP SOURCE
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 PROJECTOR LAMP SOURCE 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 PROJECTOR LAMP SOURCE 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, PROJECTOR
LAMP SOURCE 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, PROJECTOR LAMP SOURCE
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 PROJECTOR LAMP
SOURCE.
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. PROJECTOR LAMP SOURCE
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 PROJECTOR
LAMP SOURCE 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 PROJECTOR LAMP SOURCE 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. PROJECTOR LAMP SOURCE 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. PROJECTOR LAMP SOURCE 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. PROJECTOR LAMP SOURCE 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
PROJECTOR LAMP SOURCE 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. PROJECTOR LAMP SOURCE 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,
PROJECTOR LAMP SOURCE 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 PROJECTOR
LAMP SOURCE 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, PROJECTOR LAMP
SOURCE 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. PROJECTOR LAMP SOURCE 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. PROJECTOR LAMP SOURCE 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 PROJECTOR LAMP SOURCE 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, PROJECTOR LAMP SOURCE 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 PROJECTOR LAMP SOURCE
IS NOT RESPONSIBLE FOR THE AVAILABILITY, ACCURACY OR RELIABILITY OF THE CONTENTS
OF ANY LINKED SITE OR ANY LINK POSTED ON A LINKED SITE. PROJECTOR LAMP SOURCE 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 PROJECTOR LAMP SOURCE.
LIMITATION OF LIABILITY
YOU AGREE THAT PROJECTOR LAMP SOURCE 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 PROJECTOR LAMP SOURCE 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.
PROJECTOR LAMP SOURCE 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 PROJECTOR LAMP SOURCE.
MODIFICATIONS TO THIS AGREEMENT
PROJECTOR LAMP SOURCE 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 PROJECTOR LAMP SOURCE's
modifications; and (2) agreement by you to abide and be bound by PROJECTOR LAMP
SOURCE's modifications.
MODIFICATIONS TO SERVICE
PROJECTOR LAMP SOURCE 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. PROJECTOR LAMP SOURCE 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
PROJECTOR LAMP SOURCE 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 PROJECTOR LAMP SOURCE 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 PROJECTOR LAMP SOURCE 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 PROJECTOR LAMP SOURCE
other than that of independent contractors.
