Terms & Conditions
These Terms & Conditions (“the Agreement”) are intended for those accessing or otherwise using the website AllMiniProjector.com, including all displayed information and materials (the “Site”). The Site is owned and operated by Mini Projector (“Site Owner”, “we” or “us”). These Terms & Conditions are a legally binding agreement between you (“you” or “User”) and us.
A user who has registered an account at the Site and is logged in shall be referred to as “Identified User” whenever we need to differentiate an Identified User from a User who is yet to log in. An Identified User is also a User.
A user who has placed an order with us shall be referred to as “Customer” whenever we need to differentiate a Customer from a User who is yet to place an order with us. A Customer is also a User.
A user who has registered an account at the Site, placed an order with us and is logged in shall be referred to as “Identified Customer” whenever we need to differentiate an Identified Customer from a Customer who places an order without logging in and from an Identified User who is yet to place an order. An Identified Customer is also a Customer, an Identified User, and a User.
Accessing or Using the Site
You hereby consent and agree to comply with this Agreement as it may be amended by us from time to time. You agree that the very act of accessing or using the Site constitutes your unequivocal and unambiguous consent to comply with this Agreement and any and all agreements, rules, policies, guidelines, terms and conditions incorporated by reference.
You should read and understand this Agreement before proceeding to access or otherwise use the Site. If you do not consent to comply with this Agreement, you shall cease accessing and otherwise using the Site immediately and refrain from accessing or otherwise using it in the future.
We reserve the right to amend this Agreement at any time at our sole discretion with immediate effect. We recommend that you review this Agreement from time to time to ensure that you understand the changes and still agree to comply with all provisions of this Agreement. If you do not wish to comply with the updated Agreement, you shall stop accessing and otherwise using the Site immediately.
We shall leave a “last modified” notice on the Site to let users know the date and time of the latest update of this Agreement.
Use of Site
You state that at least one of the following facts is accurate: i) you are at least 18 years old; ii) you are visiting the Site under the supervision of a legally capable parent or guardian. If none of them is accurate, then you shall not use the Site and its services until you are either 18 years old or under the supervision of a legally capable parent or guardian.
Subject to all provisions and limitations of this Agreement and any documents incorporated by reference, we hereby grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Site by means of using your web browser only in order to shop for products sold on the Site for personal use and not for any commercial use or on behalf of any external party without our explicit written permission. In the event you violate any of the terms and conditions of this Agreement, we shall immediately and without notification revoke the license granted to you by this Agreement.
You may not copy, reproduce, sell, translate, display, re-distribute, reverse-engineer, decompile disassemble, derive, transmit, lease, from, modify, or otherwise exploit this Site or any portion of it unless explicitly allowed to do so by a provision of this Agreement and only to the extent set forth such a provision or unless we provide you a written permission to do so.
You may not use the Site, the information contained on the Site or any of its services commercially or use them in a way that is intended to benefit another business unless we provide you prior written permission.
We reserve our right to refuse service, terminate any user account or cancel orders at our sole discretion for any reason, including but not limited to Customer‘s violation of this Agreement, Customer‘s violation of applicable law, and conflict of interests.
You shall not upload to, publish, or otherwise distribute illegal or obscene materials through the Site, including but not limited to (a) violation or infringement of service marks, trade secrets, trademarks, patents, copyrights, or other proprietary rights of any entity; (b) pornographic material, indecent material, threats, obscenities, libel, defamation, hate speech material or any material that is criminally liable under the U.S. or international law; and (c) malware and malicious code, including but not limited to viruses, backdoors, Trojan horses, bugs and worms.
You may register a personal account at the Site. If you choose to register an account at the Site, you may use it to access and use the Site and its services as an Identified User. We deem usage of your user name and your password sufficient for authorization to the Site to access and use the Site as per the provisions of this Agreement. It is your responsibility to ensure that your password is a random set of alphanumeric and special characters not shorter than the limit recommended to you during registration in order to exclude brute force hacking your password by external parties. It is your responsibility to ensure that your username and your password are only known to you and are not disclosed by you to third parties and are not stored by you on a medium that can be accessed by third parties. If someone takes control of your account, you shall report the situation to us immediately via any channel that we may or may not associate with your identity, and you may have to provide your personal data in order to further confirm your identity and cease unauthorized access to your account. As long as you do not notify us of such a security breach and prove your identity, we shall treat any and all activity in your account at the Site as yours.
We shall not be responsible for the investigation of alleged unauthorized access using your real credentials and we shall not be liable for any acts committed by alleged external parties logged into your account using your real credentials.
You and you alone are solely responsible for accessing and otherwise using the Site by any entity using the password and identification originally assigned to you. You are responsible for any access or use of the Site using your credentials, including but not limited to all communications, transactions and transmissions and all obligations (including financial obligations without limitation) incurred as a result of such access or use.
Reviews and Comments
We may offer you the ability to post content including but not limited to reviews, comments, and submission. You shall not post information that does not comply with the provisions of this Agreement or violates U.S. law, local law or international law.
Unless stated otherwise in other provisions of this Agreement or incorporated documents, anything that you post to the Site, including but not limited to comments, questions, techniques, know-how, reviews, ideas, and suggestions (collectively, 'Submissions') is and shall be treated as non-confidential and nonproprietary, and by submitting or posting them on the Site, you consent to irreversibly license the post and all intellectual property rights related thereto (with the exception of the moral rights such as the right of authorship) to us without charge. We shall have the perpetual, irrevocable, worldwide, royalty-free, and transferable right to display, derive from, perform,use, distribute, copy, lease, adapt, publish, transmit, or sell such Submissions by any means and in any form, and to reverse-engineer, translate, disassemble, modify, or decompile such Submissions. All Submissions on the Site shall automatically become our exclusive property and shall not be given up back to the original author. You agree to this provision. You agree that raising a dispute in relation to the ownership of any post on the Site in the future and claiming ownership of such content, other than moral ownership, constitutes libel.
By posting information on the Site, you agree that such material is free from copyright infringement or other intellectual property infringement and is not claimed or disputed by a third party. We shall not be liable for any copyright infringement or infringement of any other rights of third parties by you. You shall indemnify us against any losses caused due to the use of the entries for any purposes.
In addition to the intellectual property rights to your Submission, when you post Submissions to the Site, you also grant us the right to use the name that you use to sign the posted review, comment, or other Submission, if any, in connection with such review, comment, or other Submission.
You state and verify that you own or otherwise control all of the rights to the reviews, comments, and other Submission that you post on this Site and that using your reviews, comments, or other Submission by us will not infringe upon or violate the rights of any external party.
You shall not provide us a false e-mail address, a fake name, pretend to be another person, or otherwise mislead us or other parties as to the origin of any Submissions. We may, without obligation, remove or modify any Submissions (including comments or reviews) for any reason at our sole discretion.
All button icons, photographs, logos, graphics or other images, slogans, text, audio clips, trade names or word software and other contents on the Site (collectively, 'Content'), belong exclusively to us or our appropriate content suppliers.
You may not modify, use, reproduce, publish, transmit, sell, distribute, copy, display, publicly perform, license, or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not expressly permitted by us or without our prior written consent.
The use of data mining, crawlers, or similar data gathering and extraction tools on the Site as well as the use of our trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal purposes, such as shopping and placing an order on the Site and for no other purpose.
If you come across any of our Content on a third-party site, please notify us.
The aggregation, arrangement, and assembly of all Content on the Site (the “Compilation”) belong solely to us. You shall not use our Content or Compilation in any way that discredits or disparages the Site or in any manner that is likely to cause confusion or is likely to violate any applicable laws or regulations.
All software used on this Site (the 'Software') is our property, our and the Software suppliers’ property, or the Software suppliers’ property.
The Content, the Compilation, and the Software are all protected under state, federal and international copyright laws. All rights not explicitly granted to you in this Agreement are reserved by us. Users who infringe our or third parties’ intellectual property shall be prosecuted to the full extent of the law.
We recognize and respect all copyrights and trademarks. As such, we declare that any usage of television, motion picture, music, film festival or other names or titles have no connection to the Site and are the property of the respective copyright or trademark holders.
Intellectual Property Infringement Policy
Our policy is to take appropriate action whenever and wherever necessary to uphold and recognize all relevant State, Federal and International laws in relation to Content, Compilations and Submissions that are claimed to be infringing a patent, trademark, copyright, and any or all other Intellectual Property laws. If you own or hold intellectual property rights and assume that the Site sells, offers for sale, or makes available goods and/or services in a manner that infringes your intellectual property rights, then do not hesitate to contact us so that we can take appropriate action.
In order to protect ourselves from baseless accusations and anonymous attacks on the Site and attempts to undermine our operation by abusing copyright and intellectual property laws and filing false complaints as well as to enable us to take appropriate action as soon as we receive the complaint, we require copyright owners and holders or entities acting on their behalf to provide the following information to ensure that their copyright claim is indeed valid and that we can take immediate steps to resolve the issue:
1. An electronic or physical signature of the owner or holder of an exclusive that is allegedly infringed or of the person authorized to act on behalf of the owner or holder of an exclusive that is allegedly infringed;
2. A sufficient description of the allegedly infringing work or material;
3. A brief description of where the allegedly infringing material is located on the Site (typically, the URL of a product);
4. Information reasonably sufficient to allow us to contact you, such as your address, e-mail address, or telephone number;
5. Your statement that you in good faith assume that the use of the disputed material is not authorized by the copyright or other proprietary right owner or holder, its agent, or the law;
6. Sufficient identification of the intellectual property rights that you claim are infringed by the Site (e.g. 'ABC copyright', 'G42 trademark, Reg. No. 5553437, registered 6/6/14', etc); and
7. Your statement that the information provided by you is accurate, and, under penalty of perjury, that you are indeed the copyright owner or holder or are authorized to act on behalf of the owner or holder whose exclusive right is allegedly infringed.
Termination and Effect of Termination
In addition to any other legal or equitable remedies, we may terminate the Agreement or revoke any or all of your rights granted under this Agreement immediately and without prior notice.
Upon termination of this Agreement in any manner, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) as well as account identification issued to you and deny your further access to and further use of the Site in whole or in part.
Termination of this Agreement in any manner shall not affect your and our respective rights and obligations (including but not limited to payment obligations) arising before the date of termination.
DISCLAIMER AND LIMITATION OF LIABILITY
Except as otherwise provided in the standard terms of sale that govern the sale of each product on this Site, this Site, the products offered for sale on the Site and the transactions conducted through the Site are provided by us on the “as is” basis. We make no presentations or warranties of any kind, express or implied, as to the operation of the Site or the content, materials, information, or products included on this Site except as provided here to the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to implied warranties of system integration, quiet enjoyment, title, merchantability, and fitness for a particular purpose, noninfringement, and data accuracy. This Site may include inaccuracies, mistakes or typographical errors. We do not warrant that the content will be uninterrupted or error-free. To the maximum extent permissible by applicable law, we shall not be liable for any damages of any kind arising from the use of this Site, including, but not limited to indirect, incidental, special, punitive, exemplary, or consequential damages. To the maximum extent permissible by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability.
Please note that we may be unable to accept certain orders and must cancel them. We reserve the right to refuse or cancel any order for any reason at our sole discretion at any time. Some situations that may result in your order being canceled include but are not limited to limitations on quantities available for purchase, errors or inaccuracies in product or pricing information, and problems identified by our credit and fraud avoidance department.
We may also require additional verifications or information before we accept an order. We will contact you if all or any portion of your order is canceled or if we require additional information to accept your order.
Transfer of Title
Title to the products in your order shall be transferred to you when the products leave our warehouse and are delivered to the carrier for shipment to the address designated by you in your order. All liabilities and risks to the products shall also be transferred to you at that same time.
By placing an order on this Site, you authorize delivery services of our choice to engage third party shipping services on your behalf.
While we strive to provide exact and accurate product and pricing information, pricing or typographical errors may still occur. We cannot confirm the price of an item until after you order it. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right to refuse or cancel any orders placed for that item at our sole discretion. In the event that an ordered item is mispriced, we may either contact you for instructions or cancel your order and notify you of such cancellation at our discretion.
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You recognize and acknowledge that we shall not be held accountable for the operation of or content located on or through any such site.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, combined with reasonable expenses of any form of dispute resolution, including but not limited to attorneys' fees.
None of our rights or remedies shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by us of our rights or remedies under this Agreement shall imply any obligation to grant any similar, future or another waiver.