Terms and Conditions of Use

Last Updated: April 23, 2018

These Terms and Conditions of Use ("Terms") constitute a legal agreement between you and Optoma Corporation, on behalf of itself and its affiliates (“Optoma”), and govern your use of the Optoma services, including, without limitation, website, device cloud, applications or other Optoma provided offerings (separately and collectively, the “Service”). Use of, posting of information to, and access to the Service are subject to your compliance with these Terms, hence please read them carefully before using the Service. Optoma reserves the right to limit or terminate your access to the Service or terminate or suspend your registration for failure to comply with the terms and policies posted on the interface of Service, including these Terms, or for any reason at Optoma’s discretion at any time.

By accessing and using the Service in any way, you agree to be bound by these Terms. If you do not agree to all of the Terms, do not use the Service in any manner.

User information

To use certain parts of the Service, you will be asked to provide personal information and our privacy policy, which is available at https://www.optoma.com/privacy-policy/, governs our use of your personal information. Our privacy policy sets out the types of personal information we collect, how we use it, where we may pass it on to any third parties, in what circumstances, and for what reasons, and any other relevant information relating to our use and/or processing of your personal information and your rights in relation to your personal information. You are entirely responsible for maintaining the confidentiality of your account information, including your password, you are responsible for any consequences of unauthorized access to your account due to any disclosure of your account information to any third party. You agree to notify Optoma immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Optoma or any other user of or visitor to the Service due to the use of your username, password, or account by another person.

You must never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.

Optoma cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Other documents governing your use of our Service

In addition to these Terms, your use of our Service is also governed by the following documents:

  • (a) Optoma's privacy policy, which can be found at https://www.optoma.com/privacy-policy/. Optoma has security measures in place to protect the loss, misuse, and alteration of the information under Optoma's control.

    Although Optoma has taken the steps to ensure that your personal information is delivered and disclosed only in accordance with our privacy policy, Optoma does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

    Optoma is not responsible for any information provided by you to third parties, and that information is not subject to Optoma’s privacy policy.  You assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to third parties via the Service.  For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy policies, if any, provided by those third parties.

  • (b) Optoma’s cookies policy, which can be found at https://www.optoma.com/cookies-policy/. Our cookies policy governs our use of cookies and similar technologies related to Service.

By accessing and using our Service, you agree to be bound by the terms and conditions contained in these Terms, you consent to our processing of your personal information in accordance with our privacy policy, and you consent to our use of cookies in accordance with our cookies policy.

If you do not consent to our privacy policy and/or our cookies policy, you shall not use our Service.

Modifications to the Terms and other documents

Optoma, in its sole discretion, may change, modify, update, add, or remove portions of these Terms, our privacy policy, our cookies policy, and any other documents related to Service at any time. Please check these terms periodically for modifications. If you do not accept the Terms as modified, do not use the Service, and your sole recourse shall be to cease using the Service. Your continued use of the Service, following the posting of any modifications, will signify your acceptance of those modifications.

The date that these Terms or any other documents (including our privacy policy and cookies policy) were last amended is set out at the top of that document and is described as that document’s “effective date”.

Changes to the Service

Optoma may from time to time provide bug fixes, updates, upgrades and other modifications to the Service (“Updates”).  These Updates may be automatically installed without providing any additional notice or receiving any additional consent.  You consent to these automatic Updates. If you do not want such Updates, your remedy is to discontinue using the Service. Optoma will not be liable to you for any modification, suspension or discontinuation of the Service. In the event that Optoma makes such changes, these Terms shall apply to the new services and to any changes to existing services.

Content

All text, graphics, user or visual interfaces, trademarks, logos, music, sounds, artwork, photographs, and computer code ("Content"), including but not limited to the design, structure, selection, coordination, expression and the arrangement of such Content, contained in the Service is owned, controlled, or licensed to be used by Optoma. All such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.  You will not gain by virtue of your use of the Service any rights of ownership of copyrights, patents, trade secrets, trademarks or any other intellectual property rights owned by Optoma. You may not reverse engineer, decompile, or disassemble any part of the Service and you may not extract, reproduce or distribute the Content contained in the Service without our prior written consent.

Prohibited use

While using the Service, you agree NOT do the following:

  • (a) Violate any statute, regulation, rule, order, treaty, or other law of any local, state, national, foreign, or international jurisdiction
  • (b) Stalk, harass, or harm another individual, including, without limitation, through abuse of any violation flagging or reporting mechanisms made available through the Service
  • (c) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity
  • (d) Interfere with or disrupt the Service or servers or networks connected to the Service
  • (e) Use any data mining, robots, or similar data gathering or extraction methods in connection with the Service
  • (f) Attempt to gain unauthorized access to or monitoring of any portion of the Service or any other accounts, computer systems, or networks connected to the Service, whether through hacking, password mining, or any other means
  • (g) Take any other action to disrupt the normal use by other users of the Service or the Internet
  • (h) Use for commercial purposes any Service that is not designated as a commercial version
  • (i) Reproduce, sell, or exploit the Service
  • (j) Abuse the Service

You shall not submit any personal information about you to us if you are under the age of 18 or about any other person who is either:

  • (a) under the age of 18; or
  • (b) if they are aged 18 or above, where you have not received their prior written consent to submit personal information about them to us.

Links to third party websites and services

In attempting to provide you with comprehensive and useful resources, the Service may contain links to third-party websites, applications, or services (“Third-Party Service”) which are outside the control of Optoma. Optoma is not responsible for the content of Third-Party Service or products provided by any linked site or any link contained in a linked site, or any changes or updates to such sites. Optoma is providing these links to you only as a convenience, and the inclusion of any link does not imply that Optoma endorses, guarantees, or accepts any responsibility for the content of Third-Party Service or products on such a third-party site.

In connection with your use of the Service, you may be made aware of services, products, offers, and promotions provided by third parties, and not by Optoma. If you decide to use third-party services or products, you are responsible for reviewing and understanding the terms and conditions governing any third-party services or products. You agree that the third party, and not Optoma, is responsible for the performance of the Third-Party Service or products.

Disclaimer

The Service and all materials, information, postings, opinions or linked from the Service are provided “AS IS” without warranty of any kind, express or implied, including, but not limited to:warranties of performance, merchantability, fitness for a particular purpose, accuracy, omissions, completeness and delays; warranties that access to any part of the Service will be uninterrupted, secure, complete, or error free; warranties that defect will be corrected; warranties that the Service or the server that makes the Service available is free from any harmful components including, without limitation, viruses; and warranties with regard to any content or software that has been modified in any way by anyone other than, and without the express approval of Optoma. By accessing or using the Service, you acknowledge that there are possibilities of some human and machine errors, delays, interruptions, and losses, including the inadvertent loss of data or damage to media related to content and software of the Service; and the Service and the products referenced herein may not satisfy your requirements not expressly stated in the agreements between you and Optoma.

Limitation of Liability

You expressly understand and agree that Optoma shall not be liable to you for any loss, damage (whether direct, indirect, actual, incidental, special, punitive, consequential, or otherwise) costs, expenses, liabilities or penalties arising out of, or in connection with:

  • (a) your use of the Service;
  • (b) any corruption or loss of data;
  • (c) any inability to use our Service, including, without limitation, any interruptions, suspension or withdrawal of our Service; or
  • (d) any decision made or action taken by you in reliance upon the availability of or content made available through the Service, and even if Optoma has been advised of the possibility of such loss or damage.

Indemnification

You agree to indemnify, defend, and hold Optoma, its affiliates, officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service harmless from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your acts or omissions arising from your use of the Service.

Disclosure of use

Optoma may disclose any information we have about you (including your identity), any transmittals or communications by you, and your use of the Services if we determine that such disclosure is necessary to (1) comply with legal process, (2) comply with any investigation or complaint regarding your use of the Service, (3) enforce these Terms, (4) respond to claims that any such data violated the rights of others, or (5) protect the rights, property, or personal safety of Optoma, its employees, and visitors to or users of the Service, including Optoma's customers, and the public.

Optoma reserves the right at all times to disclose any information that Optoma deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Optoma may also disclose your information when Optoma determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

Termination

You agree that Optoma may, in its sole discretion and without prior notice, terminate your use of the Service and/or block your use of the Service if we determine that you have violated these Terms or other agreements or documents that may be associated with your use of the Service, or for other reasons that may include but are not limited to (1) requests by law enforcement or other government agencies, (2) a request by you to remove your account, (3) discontinuance or material modification of the Service, or (4) unexpected technical issues or problems.

In the event this agreement is terminated, the restrictions regarding Content or materials of the Service, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination. In the event that you are unsatisfied with the Service that may be provided by Optoma, your sole remedy is to terminate this agreement.

If Optoma does take any legal action against you as a result of your violation of these Terms, Optoma will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any injunctive or equitable relief granted to Optoma. You agree that Optoma will not be liable to you or to any third party for termination of your use of the Service.

Entire Agreement and General

These Terms and other applicable Optoma terms expressly referenced in these Terms, constitute the entire agreement between you and Optoma regarding the Service and will supersede any previous communication, representation or agreement whether oral or written. Optoma may assign these Terms at any time to any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of assets to another entity. You may not assign this agreement. The failure of Optoma to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.