Effective Date: October 30, 2014
2. Use of Website and Content. The Website, including without limitation, any information, software, photographs, images, video, audio, graphics, or text on the Website (“Content”), and all patent, copyright, trademark, trade dress, domain name, trade secret, and other proprietary rights therein are the sole property of Company and various third party owners. Subject to this TOU, we grant you a non-exclusive, non-transferable, revocable license to access and use the Website and the Content solely for personal entertainment and purchase of products for personal use, and for no other purpose. You may not modify, publish, transmit, translate, participate in the transfer or sale, create derivative works, or in any way exploit, the Website or any of the Content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted. You acquire no ownership rights by downloading copyrighted material.
3. Code of Conduct. While using the Website and the Content, you will: (a) Comply with all federal, state and local laws that apply to your use of the Website and the Content; (b) Refrain from posting or transmitting through the Website any material which violates or infringes in any way upon the rights of others (including, without limitation, any copyright, trademark or other intellectual property rights); (c) Refrain from posting or transmitting material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or contains advertising or any solicitation; (d) Refrain from using the Website and the Content in a manner that could damage, disable, overburden or impair any server, or the network(s) connected to any server of Company, its affiliates or service providers, or interfere with any other party’s use and enjoyment of the Website; (e) Not attempt to gain unauthorized access to the Website, Content, or any services, other accounts, computer systems or networks connected to any server or to any of the services, through hacking, password mining or any other means; (f) Refrain from uploading, posting or making available on the Website any User Content (as defined below) protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any is not protected by copyright rests with you.
The Company makes no warranties or representations related to the Content or the Website and disclaims all liability for errors or omissions in the information presented. You acknowledge that Company does not ordinarily monitor User Content, it reserves the right to refuse to accept or remove any User Content that is, in Company’s sole discretion, unacceptable, and to disclose User Content to law enforcement agencies or authorities who may investigate reports of misuse or abuse of the Website or the Content. You acknowledge that you use the Website at your own risk.
5. Indemnification. You agree to indemnify and hold harmless Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, transmit or otherwise make available, your use of the Website or the Content, your connection to the Website, your violation of the TOU, or your violation of any rights of another party.
6. Trademarks. The name Microsun Lamps is a protected mark of Lumenistics, LLC and the Company is licensed to use such mark. Unauthorized use of trademarks, service marks or logos owned or licensed by the Company is strictly prohibited and may also be a violation of federal and state trademark laws.
7. Copyright. The Website and the Content are protected byU.S. copyright laws and owned by the Company, its affiliates, and certain third party providers. Except as expressly provided in this TOU, you may not use, reproduce, modify, transmit, distribute or publicly display any part of the Website or the Content without the prior written consent of the Company.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at [email protected], or by letter sent postage prepaid to 8261 State Route 235, Dayton, OH 45424 USA, Attention: Copyright Agent.
8. Purchase Terms and Conditions. Company may offer you the ability to purchase products on the Website from time to time. You must be at least 18 years of age to purchase products on the Website. Company does not guarantee that the products will look the same on your computer as they do in person. When ordering products from us, you are responsible for the payment of all taxes, shipping and insurance charges for your purchase. You understand that the quality of the product delivered is determined by the quality of the photograph you upload. You acknowledge and agree that you have read the “Photo Guide” on the Website and agree to its terms. Title and risk of loss for all products ordered by you shall pass to you on Company’s shipment to the shipping carrier. Pricing and additional terms and conditions for products for sale on this Website are described on the Website and are incorporated into this TOU. All prices are in U.S. dollars. Prices and products may change at Company’s discretion. All sales are final.
Please review the product upon receipt. If the product is damaged (other than damage occurring in transit) or you reasonably believe that an error occurred in our processing of the product, please contact us to return the product within thirty (30) days after your receipt. If we agree that you have a claim under the foregoing warranty, we will, at our option, either replace the product or return your purchase price for the product. This is our only obligation and your only remedy for our failure to comply with this warranty. We are not responsible for poor image quality and do not offer refunds on custom products that are flawed due to inferior file submissions. Please contact us with questions or for a return authorization at [email protected].
9. Contests. Company may sponsor contests from time to time, and you may send a contest submission to us in order to be eligible for the contest. Company will provide rules for such contests on the Website.
10. Disclaimer of Warranties. EXCEPT AS PROVIDED IN SECTION 8 WITH RESPECT TO THE PRODUCTS, THE WEBSITE, THE CONTENT AND ANY PRODUCTS AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE, THE CONTENT OR THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
11. Limitation of Liability. YOUR USE OF THE WEBSITE AND RECEIPT OF PRODUCTS AND/OR CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE, THE PRODUCTS, THE CONTENT, OR USER CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY DECISION OR ACTION TAKEN IN RELIANCE UPON ANY CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN DELIVERY, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT, OR FOR ANY TYPES OF DAMAGES OR LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Exclusion of Consequential Damages; Further Limitation of Liability. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART IN RELATION TO THE WEBSITE, THE PRODUCTS, THE CONTENT OR THE USER CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THE “DISCLAIMER OF WARRANTIES” AND “DISCLAIMER OF LIABILITY” SECTIONS MAY NOT APPLY TO YOU. IN THOSE CIRCUMSTANCES, AS WELL AS ANY OTHER WHERE LIABILITY OCCURS, YOU ACKNOWLEDGE THAT THE ENTIRE LIABILITY OF COMPANY AND ITS THIRD PARTY PROVIDERS UNDER THIS TOU, OR ANY MATTER RELATING TO THIS TOU, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR WARRANTY) SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY THIRD PARTY PROVIDER AND OUR AND THEIR RESPECTIVE AFFILIATES.
13. Governing Law. The TOU shall be governed in all respects by the laws of the State ofOhio,USA, without reference to its choice of law rules. By accessing the Website you understand and agree that all transactions take place in Montgomery County, Ohio and agree that the federal and state courts in Montgomery County, Ohio have exclusive jurisdiction over any disputes with the Company arising from or related to your use of the Website or any of the products or services or Content or User Content on the Website. You irrevocably consent and submit to the exclusive personal jurisdiction of such courts, and you irrevocably waive any jurisdictional, venue or inconvenient forum objections to such courts.
14. Statute of Limitations. Except for claims arising from your misuse of the Website or the Content, or claims arising from the User Content, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Content or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. Third Party Links. The Website may contain links to third party websites. The Company makes no representation regarding the content or accuracy of any website that you may access through the Website. The Company does not monitor and is not responsible for the content found on other websites that are linked from the Website. The Company does not imply endorsement, recommendation or sponsorship for any linked website or the services, products or advice described on the site, and the Company shall have no liability for its content, including its accuracy, subject matter, quality or timeliness, or any personal information that you provide to such site. USE OF SUCH SITE IS AT YOUR OWN RISK. The views, opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or distributor(s), not of the Company.
16. Third Party Services. We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
17. Security. The Company does not make warranties or representations regarding the security of Content or User Content. Data sent over the internet may be intercepted by third parties; if you are concerned about the security of your data, you should not send it over the internet.
18. User ID and Password. You are required to have a user ID and password to access certain areas of the Website. You are responsible for maintaining the confidentiality of your user ID and password and are responsible for all uses of them, regardless of whether the uses were authorized by you. The Company prohibits the transfer or sharing of user IDs and passwords. You agree to immediately notify the Company of any unauthorized use of your user ID or password or any other breach of security.
19. Termination. You agree that Company may, in its discretion, and without prior notice, immediately terminate your access to the Website.
20. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this TOU.
21. Waiver. The failure of the Company to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision.
22. Headings. The section and paragraph headings used in this TOU are inserted for convenience only and will not affect the meaning or interpretation of this TOU.
25. Contacting The Company. If you have Website questions, comments, or concerns, please email [email protected]. Please include details of your questions, comments or concerns and your complete name and contact information.