Terms & Conditions of Use
Effective date: January 31st, 2013
Thank you for visiting the Audio46, www.Audio46.com. owned and operated by A & M LLC (“Site”). You should not access this Site or use our services until you have carefully read and agreed to these terms and conditions of use (the “Terms”).
Additional terms and conditions may apply to certain services offered through our Site, such as digital photo printing services. Please read the applicable terms and conditions as they will apply to those services.
Use of this Site
Your viewing and use of this site is at your own risk. By using this Site, you and other users of the Site agree to these Terms. If you do not agree to these Terms, you may not access or use the Site. We may modify the Terms from time to time without notice to you. You should check these Terms periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Site. We include the effective date of our Terms at the top of the statement. We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms we will post the revised Terms and the revised effective date on this Site. By using the Site following any modifications to the Terms, you agree to be bound by such modifications.
Audio46 provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site.
User age and access. By submitting information through this Site you represent that you are a United States of America resident over the age of 18.
License. The Site, including all of its contents, such as text, images, and the HTML used to generate the pages, (“Materials”), are our property or that of our suppliers or licencors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific written permission of Audio46. We grant you a personal, non-exclusive, non-transferable license to access our web site and to use the information and services contained here.
In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Site for any purpose, subject to the express terms of this Agreement.
Your representations to us. By using this Site you represent and warrant to us that (1) you have the consent of every individual whose likeness you post to or upload through the Site to do so, (2) you have the required authorization from the owner of any copyright or other property right to post or upload their materials to or through the Site or through kiosks or other terminals at Audio46, (3) all information you have provided is current, true, and complete, (4) we have your consent to keep a record of the content of your postings to or though the Site and to re-transmit your online or in-store postings, for example for purposes of photo processing or printing or other purposes, (5) you agree that any person who uses the Site may view and/or comment on the material you post to the Site, and (6) you understand that we may terminate your account without prior notice and at our sole discretion if we determine that you have violated these Terms.
While Audio46 makes every effort to present accurate and reliable information, the Site is presented “as is.” Audio46 makes no guarantees with regard to the content or services of the Site, nor the accuracy, suitability, or reliability of any of the information or services provided on the Site. Audio46 makes no guarantees that the web server used to present the Site is free of harmful agents including viruses, downloadable software, or other components that could affect your computer beyond the control of Audio46 .
From time to time there may be information on the Site or in an email to you that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Audio46 reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Audio46 is not responsible for typographical / photographic errors or manufacturers’ price increases.
Some of the products displayed on the Site are available in select Audio46 stores. In some cases, merchandise displayed for sale on the Site may not be available at our stores. All prices are good for mail order and Internet only. The prices displayed on the Site are quoted in United States Dollars and are valid and effective only in the United States All prices subject to change without prior notice.
All images are for illustrative purposes only. We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend, in large part, on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Instant rebates. Products shown on the Site may offer instant rebates from the manufacturer or supplier. We may be required by law to charge sales tax based on the original, pre-discounted price.
Rules and Limits on and Modifications to the Site
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
Specific Prohibited Uses
The Site may be used only for lawful purposes by individuals using authorized services of Audio46. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. Audio46 specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
a. Posting any information which is incomplete, false, inaccurate, unlawful, harassing, libelous, obscene, offensive, graphically violent, pornographic, or not your own;
b. Impersonating another person;
c. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
d. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
e. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
f. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
g. Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
h. Attempting to interfere in any way with the Site’s or Audio46’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
Violations of system or network security may result in civil or criminal liability. Audio46 will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
a. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
f. For the buyer and company security; we only ship to confirmed billing address.
We control and operate the Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Audio46 is not responsible for any duties levied on its products.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Audio46 may not accept online orders from international customers, who may be required to place orders through telephone or other means and who may be required to make payment by wire transfer or other means of immediate payment instead of by credit card.
As between you and Audio46 , (or other company whose marks appear on the Site), Audio46 (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Audio46. If you make use of the Site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyright-able material or any other intellectual property by including them on the Site.
The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of Audio46 or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
The Audio46 logos and service names are trademarks of Audio46 (the “Audio46 Marks”). Without Audio 46 Headphones prior permission, you agree not to display or use Audio46 Headphones Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any Audio46 Headphones Mark without the prior written consent of Audio46.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) 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 (vi) 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 as follows:
29 West 46th Street
New York, NY 10036
We reserve the right to remove any content posted by any user without prior notice and at our sole discretion; we may terminate a user’s account if the user is determined to be a repeat infringer.
Links from and to the Site
You may be able to link to third party websites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled or examined by Audio46 in any way and Audio46 is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Audio46 endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Audio46 be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site’s administrator or Webmaster. Audio46 reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to Audio46. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
You agree to indemnify, defend and hold Audio46, its directors, officers, employees and agents harmless from and against any and all claims, damages, liability and costs (including, without limitation, attorneys’ fees and costs), incurred in connection with any claim arising out of, related to or in connection with your use of this Site, any breach by you of these Terms and Conditions of the foregoing representations, warranties and covenants, or your posting or transmission of any materials on or through the Site, including without limitation, any third party claim that any information or materials you provide infringes any third party proprietary right. Audio46 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of Audio46.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Audio46 DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Audio46 MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Audio46 DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. Audio46 IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF Audio46.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Audio46 , OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA, WORK PRODUCT (IN ANY MEDIA NOW KNOWN OR LATER DEVELOPED) OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF Audio46 OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF Audio46 TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
APPLICABLE LAW/JURISDICTION – WAIVER OF CLASS ACTION
You agree that the laws of the state of New York, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. Any controversy or claim arising out of or relating to your use of the Site (including any claim involving Audio46 or employees, contractors, officers, directors, telecommunication providers and content providers) shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules conducted in New York city, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You consent to jurisdiction of the state and federal courts of New York for enforcement of this arbitration provision.
You further agree that the exclusive resolution of disputes is through individual legal action on your own behalf instead of through any class or representative action. Even if the applicable law provides otherwise, you agree that any action against Audio46 Headphones whatsoever shall be litigated by you individually and not as a member of any class or as part of a class or representative action, and you expressly agree to waive any law entitling you to participate in a class action.
Consent to Processing
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States.
Any inquiries concerning these Terms should be directed to: info@Audio46.com
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.
To contact us with any questions or concerns in connection with this Agreement or the Site, or to provide any notice under this Agreement to us please go to Contact Us.
The Terms constitute the entire agreement between you and Audio46 and govern your use of the Site, superseding any prior agreements between you and Audio46. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between Audio46 and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to Audio46 or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of Audio46 to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction 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 the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without Audio46 express written consent.
The Terms inure to the benefit of Audio46’s successors, assigns and licensees. The section titles in the
Terms are for convenience only and have no legal or contractual effect.
Send your questions or comments to Info@Audio46.com
© Copyright 2015 by Audio46 (A & M LLC ), Inc. All rights reserved.[/custom_text][/jaw_section]