XGIMI WEBSITE TERMS OF USE
Thank you for your interest in Xgimi Technology Co., Ltd and its affiliated companies (short “XGIMI") and on the various websites provided by XGIMI, including our website global.xgimi.com and all websites affiliated with xgimi.com (hereinafter "website“called).
Please read the following terms and conditions carefully. By accessing the Site or any of the services made available to you through the Site, you acknowledge that you agree to the following Terms and Conditions and the XGIMI Privacy Policy (hereinafter referred to as “Conditions“called) have read and understood and agree to be bound by them. If you are not authorized or do not agree to any of the Terms, you must not use the Site.
XGIMI offers projectors and 4K lasers (hereinafter referred to as “Products”) to global customers. You understand and agree that these Terms provide that any dispute between you and XGIMI will be resolved by binding arbitration. You agree to waive your right to go to court to assert or defend your rights under these Terms, except for matters that may be brought in small claims court. Your rights will be determined by a neutral arbitrator, rather than a judge or jury, and your claims cannot be brought as a class action. Please see Section 17 (“Dispute Resolution and Arbitration”) of these Terms for the details regarding your agreement to arbitrate disputes with XGIMI.
1. OBLIGATIONS
You must be at least 16 years old to access the Website. By agreeing to these Terms, you represent to us that: (a) you are at least 16 years old; (b) you have not previously been suspended or removed from the Site; and (c) your access to the Site will be in compliance with all applicable laws and regulations. If you are accessing the Site on behalf of an entity, organization or company, you represent that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
2. ACCOUNTS AND REGISTRATION
To access certain features of the Site, such as when you want to make a purchase, you may be required to register for an XGIMI account. When you register for an XGIMI account, you will be required to provide us with some information about yourself, such as your email address or other contact information. You represent and warrant that the information you provide to us is accurate and that you will keep it accurate and current at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your XGIMI account and password, and you accept responsibility for all activities that occur under your XGIMI account.
3. PURCHASES; ADDITIONAL TERMS AND CONDITIONS
The purchase of goods or services and certain areas of the Site may be subject to additional terms and conditions; all additional terms are incorporated by reference into these Terms. You agree to comply with all such Additional Terms, including the representation that you are of sufficient age to use certain portions of the Site or Services. If there is any conflict between these Terms and any terms and conditions relating to a particular area of the Website or a particular service offered by the Website, you agree that the latter terms and conditions will govern your use of that area of the Website or those particular services.
4. USER CONTENT
4.1 User Content in General. Certain features of the Site, such as the “XGIMI Community,” allow users to upload content to the Site, including messages, reviews, photos, videos, images, folders, data, text and other types of works (“User Content”), and publish it on the Site. You retain copyright and any other proprietary rights you hold in the User Content you post to the Site.
4.2 Limited License Grant to XGIMI. By uploading or posting User Content, you grant XGIMI a worldwide, non-exclusive, royalty-free, fully-paid right and license (with the right to sublicense) to host, store, transmit, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in all media formats and through any media channels now known or hereafter developed.
4.3 Limited License Grant to Other Users. By providing or sharing User Content with other users of the Site, you grant those users a non-exclusive license to access and use such User Content in accordance with these Terms and the functionality of the Site.
4.4 Representations and Warranties for User Content. You are solely responsible for your User Content and the consequences of posting User Content. By uploading or posting User Content, you represent and warrant that: (a) you are the creator and owner of the User Content or have the necessary licenses, rights, consents and permissions to authorize XGIMI and the users of the Site to use and distribute your User Content in the manner necessary to exercise the licenses you grant in this Section, in the manner contemplated by XGIMI, the Site and these Terms; (b) your User Content and the use of your User Content in accordance with these Terms will not: (i) infringe any third party rights, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights or any other intellectual property or proprietary rights; (ii) violate, defame, or invade the privacy, publicity or other proprietary rights of any other person; or (iii) cause XGIMI to violate any law or regulation.
4.5 Disclaimer of Liability for User Content. XGIMI has no obligation to edit or control any User Content that you or other users post, and is in no way responsible or liable for any User Content. However, XGIMI may, at any time and without notice, review, remove, edit or block any User Content that, in our sole discretion, violates these Terms or is otherwise objectionable. You understand that when you access the Site, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive and do waive any legal or equitable rights or remedies you have or may have against XGIMI with respect to User Content. We expressly disclaim any liability in connection with User Content. If we are notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the claim and determine in our sole discretion whether to remove the User Content, although we reserve the right to do so at any time and without notice. For the avoidance of doubt, XGIMI does not permit copyright infringing activities on the Site.
4.6 Digital Millennium Copyright Act (“DMCA”)
a). DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have a copyright-related complaint about material posted on the Site, you may contact us at the following address:
Attn: DMCA Notice
Eileen Chen
Address: Xgimi Technology Co., Ltd
A4 / TianFu Software Park, Hi-Tech Zone, Chengdu, China
Email: [email protected]
PLEASE NOTE THAT YOU MAY BE CRIMINALLY PROSECUTED UNDER UNITED STATES FEDERAL LAW FOR PERJURY AND SUBJECT TO CIVIL PENALTIES, INCLUDING DAMAGES, COURT COSTS AND ATTORNEYS' FEES IF YOU KNOWINGLY FALSE STATE THAT ONLINE MATERIALS VIOLATE THE LAW. Any notification alleging that material hosted by or distributed through the Service infringes intellectual property rights must comply with the provisions of 17 U.S.C. correspond to the elements of the notification described in Section 512.
b). Repeat infringers. XGIMI will immediately and without notice terminate the accounts of users who are determined by XGIMI to be “repeat infringers.” A repeat infringer is a user who has been repeatedly notified of infringing activities or whose User Content has been repeatedly removed from the Site.
5. USE OF THE SITE
By using the Site and entering into these Terms, you represent and warrant that your use of the Site complies and will comply with all applicable laws, statutes and regulations and that you will only use the Site as expressly permitted by these Terms. XGIMI reserves the right to review, remove or disable access to any User Content that violates applicable laws and regulations in China. XGIMI also welcomes users to report content that violates applicable laws or regulations.
6. PROHIBITED CONDUCT
By using the Website, you agree not to do any of the following.
6.1 Not to use the Website for any illegal purpose or in violation of any local, state, national or international law;
6.2 engage in any activity that is harmful to others or that could damage XGIMI's reputation;
6.3 Violate or encourage others to violate the rights of third parties, including infringing or misappropriating any third party's intellectual property rights or violating any third party's right to privacy;
6.4 Interfere with security-related features of the Site, including by: (a) disabling or circumventing features that prevent or restrict the use or copying of any Content; or (b) reverse engineer or otherwise attempt to discover the source code of any portion of the Site, except to the extent such activity is expressly permitted by applicable law;
6.5 Interfere with the operation of the Website or any other user's use of the Website, including by: (a) uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code; (b) make unsolicited offers or advertising to other users of the Site; (c) attempting to collect personal information about other users or third parties without consent; or (d) interfering with or disrupting any networks, devices or servers connected to the Website or used to provide the Website, or violating any regulations, policies or procedures of such networks, devices or servers;
6.6 Engage in any fraudulent activity in connection with obtaining or accessing the Sites, including impersonating any person or entity, assuming a false affiliation, accessing another XGIMI account without permission, or forging your age or date of birth;
6.7 sell or otherwise transfer the access granted under these Terms or the Materials (as defined in Section 10) or the right or ability to view, access or use the Materials;
6.8 circumvent security or other features of the Site designed to control how the Site is used, collect or mine User Content from the Site, or otherwise access the Site in a manner that is inconsistent with individual human use;
6.9 use any robot, spambot, spider, crawler, scraper or other automatic means or interface not provided by us to access the Website or extract data;
6.10 use, display, mirror, frame or utilize framing techniques to embed the Website or User Content or any portion thereof, unless XGIMI provides the means to embed portions of the Website or User Content, and only to that extent;
6.11 Access, tamper with or use non-public areas of the Website, XGIMI's (and its hosting companies') computer systems and infrastructure, or the technical delivery systems of XGIMI's providers;
6.12 Access the Site in any way to harass, abuse, stalk, threaten, defame, or otherwise violate the rights of others;
6.13 Sell or otherwise transfer the access granted under these Terms or the Materials or the right or ability to view, access or use the Materials;
6.14 attempt to commit any of the acts described in this Section 6, or assist or permit any person to commit any of the acts described in this Section 6.
7. TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE WEBSITE
If you violate any provision of these Terms, your permission to access the Site automatically terminates. In addition, XGIMI may, in its sole discretion, terminate your XGIMI account or suspend or terminate your access to the Site at any time, for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue, temporarily or permanently, the Site or any features of the Site at any time without notice. We will not be liable for any changes to the Website or for any suspension or termination of your access to the Website. Without limiting the foregoing, you understand and agree that if your account or the Site is terminated or suspended, you will not have access to any data or content posted or otherwise contained on the Site, and we have no obligation to provide you with access to any such data or content. You can cancel your XGIMI account at any time by contacting customer service at [email protected].
8. ADDITIONAL TERMS
8.1 Privacy Policy
Please read the XGIMI Privacy Policy carefully to understand how we collect, use, store and disclose your personal information. The XGIMI Privacy Policy is incorporated into and made a part of these Terms by this reference.
8.2 Additional Terms
Your access to the Site is subject to any additional terms, policies, rules or guidelines applicable to the Site (the “Additional Terms”), such as the XGIMI Terms of Sale. Any Additional Terms are incorporated into and made a part of these Terms by this reference.
9. CHANGES TO THESE TERMS
We reserve the right to change these terms and conditions at any time at our sole discretion with future effect. Please check these Terms periodically for changes. Modified versions of these Terms will be effective upon posting. If we make material changes to the Terms, we will attempt to provide you with reasonable notice before those changes take effect. By continuing to access the Site, you agree to be bound by the updated, amended or modified Terms. If you do not agree to the modified Terms, you must immediately discontinue your access to or use of the Site. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in effect at the time the dispute arose.
10. PROPERTY; OWNERSHIP RIGHTS
The website is owned and operated by XGIMI. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services and all other elements of the Website (“Materials“) provided by XGIMI are protected by intellectual property and other laws. All materials contained on the Website are the property of XGIMI and its third party licensors. Unless expressly authorized by XGIMI, you may not use the Materials. XGIMI reserves all rights in and to the Materials not expressly granted in these Terms.
11. FEEDBACK
If you decide to make suggestions or suggestions about problems with the Site or the services or products provided by XGIMI, or to suggest changes or improvements (“feedback"), you hereby grant to XGIMI the unrestricted, perpetual, irrevocable, non-exclusive, fully paid-up and royalty-free right to use such Feedback in any manner and for any purpose, without any obligation to make any payment for such use.
12. LIABILITY
You are responsible for your access to the website. You will defend and indemnify XGIMI and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “XGIMI units“) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of the Site; (b) your violation of any portion of these Terms, any representation, warranty or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right, or any right of publicity, confidentiality, other proprietary or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to such matter), and in such event, you agree to cooperate with us in the defense of such claim.
13. DISCLAIMERS; NO WARRANTIES
THE SITE AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE XGIMI ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING FROM COURSE OF DEALING. THE XGIMI ENTITIES DO NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE OR ANY MATERIALS OR USER CONTENT OFFERED THROUGH THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THESE PROBLEMS WILL BE FIXED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE SITE SHALL CREATE ANY WARRANTY REGARDING THE XGIMI UNITS OR THE SITE NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME THE ENTIRE RISK FOR ANY DAMAGES THAT MAY RESULT FROM USE OF OR ACCESS TO THE SITE OR FROM ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU BEAR SOLE RESPONSIBILITY FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY OR THE PROPERTY OF A THIRD PARTY, OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE OR INABILITY TO USE THEM.
NOTWITHSTANDING THE FOREGOING, XGIMI DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHTS THAT XGIMI MAY NOT DISCLAIM UNDER APPLICABLE LAW.
14. LIMITATION OF LIABILITY
In no event will the OR YOUR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE SITE, REGARDLESS OF WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), LAW OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER OR NOT A XGIMI COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
EXCEPT AS PROVIDED IN SECTION 17.4(iii), THE ENTIRE LIABILITY OF THE XGIMI ENTITIES TO YOU FOR ALL CLAIMS ARISING FROM THE USE OF OR INABILITY TO USE ANY PART OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES IS INTENDED TO ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ASSIGNMENT IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15. GOVERNING LAW
These Terms will be governed by the laws of the State of California, without regard to its conflict of law principles. We make no representation that the Website or materials contained on the Website are appropriate or available for use in your location.
16. GENERAL
You agree that the Website will be considered a passive website that does not establish personal jurisdiction over XGIMI, either specific or general. These Terms and any other agreements expressly incorporated by reference into these Terms constitute the entire and exclusive agreement between you and XGIMI with respect to your access to the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision shall not affect our right to require performance at any other time, nor shall a waiver by us of any breach or default of these Terms or of any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. The use of section headings in these Terms is for convenience only and will not affect the interpretation of any provision. If any part of these Terms is determined to be invalid or unenforceable, the unenforceable portion will be enforced to the greatest extent possible and the remaining portions will remain in full force and effect. Upon termination of these Terms, Sections 3 through 19, as well as the Privacy Policy and any other accompanying agreements, will survive.
17. DISPUTE RESOLUTION AND ARBITRATION
17.1 General. In the interest of resolving disputes between you and XGIMI as expeditiously and cost-effectively as possible, you and XGIMI agree that any dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a trial in court. Arbitration uses a neutral arbitrator rather than a judge or jury, may allow more limited discovery than in court, and may be subject to very limited review by courts. The arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes covers all claims arising out of or relating to these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND XGIMI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.2 Exceptions. Notwithstanding the provisions of Section 17.1, nothing contained in these Terms shall be deemed to waive, exclude or otherwise limit either party's right to: (a) bring an individual action in small claims court; (b) bring an enforcement action through the appropriate federal, state or local authority, if such action is possible; (c) seek injunctive relief before a court; or (d) bring an action in a court asserting a claim of intellectual property infringement.
17.3 Referees. Any arbitration between you and XGIMI will be governed by the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules") of the American Arbitration Association ("AAA“) as modified by these Terms and is administered by the AAA. The AAA Rules and application forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or by contacting XGIMI.
17.4 Notice; Procedure. A party seeking arbitration must first provide written notice of the dispute to the other party by certified mail or Federal Express (signature required) or, only if the other party has not provided a current physical address, by electronic mail (“Notice“) send. XGIMI's address for notice is: A4 / TianFu Software Park, Hi-Tech Zone, Chengdu, China, 610096. The notice of termination must: (a) describe the nature and basis of the claim or dispute, and (b) the specific claim ("demand“) explain. The parties will use their best efforts to resolve the claim directly. However, if the parties do not reach an agreement within 30 days of receipt of the Notice, you or XGIMI may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or XGIMI may not be disclosed to the arbitrator until the arbitrator has made a final decision and award, if any. If the dispute is finally resolved in your favor through arbitration, XGIMI will pay you the highest of: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by XGIMI to resolve the dispute prior to the award; or (iii) $1,000.
17.5 Fees. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California: (a) solely on the basis of documents submitted to the arbitrator; (b) by a telephone hearing without attendance; or (c) by an in-person hearing in accordance with the AAA Rules in the county (or municipality) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then payment of all fees will be governed by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision that adequately explains the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make decisions and resolve disputes regarding the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's decision on the matter.
17.6 No Class Actions. You and XGIMI agree that each may bring proceedings against the other only in his/her individual capacity and not as a plaintiff or class member in any proposed class or representative proceeding. Unless you and XGIMI agree otherwise, the arbitrator may not consolidate more than one person's claims or otherwise preside over a representative or class proceeding.
17.7 Changes to this Arbitration Clause. If XGIMI makes a future change to this arbitration provision, other than a change to the XGIMI Notice Address, you may reject the change by providing written notice to us within 30 days of the change to the XGIMI Notice Address; in such event, your account with XGIMI will be terminated immediately, and this arbitration provision will survive in the form immediately prior to the changes you reject.
17.8 Enforceability. If Section 17.6 is found to be unenforceable, or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 (except Section 17.6 in the latter case) shall be null and void, and in such case the parties agree to exclusive jurisdiction and venue as set forth in Section 15 for any action arising out of or relating to these Terms.
18. CONSENT TO ELECTRONIC COMMUNICATIONS
By accessing the Site, you agree to receive certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures or other communications that we send to you electronically satisfy any legal communication requirements, including the requirement that such communications be in writing.
19. CONTACT INFORMATION
The website is operated by Xgimi Technology Co., Ltd and its affiliated company, located at Building 4 A Tianfu Software P Gaoxin District, Chengdu, Sichuan Province, 610000, China.
You can contact us by sending correspondence to this address or by emailing us at [email protected].