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TERMS OF USE FOR adidasheadphones.com

 

Overview

Welcome to adidasheadphones.com, the official site for adidas headphones, (hereinafter the “Website”). The Website is operated and owned by Zound Industries USA Inc, (hereinafter “adidas headphones”).

The following terms and conditions (hereinafter the “Term of use”) apply to you as visitor to or user of the Website (hereinafter “you”,"your","yours"). By using this Website, you agree to be bound by these Terms of Use, as set out by adidas headphones on this Website from time to time. In the event of a violation of these Terms of Use, adidas headphones reserves the right to seek all remedies available by law and in equity.

By accepting these Terms of Use through your use of the Website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years old, you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you do not fulfill these requirements you may not use this Website.

You acknowledge that by using this Website or any services provided on this Website, you may encounter content that may be deemed by some, including you, to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Website and any service provided through the Website at your sole risk and that adidas headphones shall not be liable to you in relation to any and all content that may be deemed offensive, indecent, or objectionable.

 

1. Intellectual property rights

adidas headphones and all the other respective owners of the intellectual property rights associated with or displayed on the Website retain(s) all rights to and in respective their intellectual property rights, such as designs, patents, trademarks, trade names, brand names and trade dress.

The Website and all of its content, including, but not limited to, its software, source code, HTML code, scripts, web apps, text, artwork, photographs, images, animations, design, video, and audio (collectively, “Materials”) are protected by national and international copyright laws and treaties. All Materials are provided by adidas headphones as a service to you as a user and/or visitor of the Website may be used by you only for you solely for the purpose of informing yourself about the content on the Website and to be able to purse and complete an order of a product(s) at a sale on the Website, provided you retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in adidas headphones’ Materials is conveyed to you. This is a limited license, not a transfer of title of any Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website or any of its Materials without adidas headphones prior written permission; (b) you may not access or use the Website for any competitive or commercial purpose; and (c) you will not permit any third party to act as set out in a) and b) above.

adidas headphones may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by adidas headphones.

Any misuse of the intellectual property rights, including but not limited to trademarks and copyrighted materials, displayed on the Website is strictly prohibited and adidas headphones reserves the right to enforce its intellectual property rights to the fullest extent provided by of the law, including reserving the right to seek civil remedies and criminal prosecution.

adidas headphones has a strict policy regarding third-party use of adidas headphones’ trademarks or names in metatags hidden text or ad keywords. More specifically, the unauthorized use of adidas headphones’ trademarks or names in metatags, keywords, page text, hidden text, and/or ad keywords in conjunction with search engines may constitute infringements in adidas headphones’ rights and/or unfair competition.

You do not have the right to link the Website for commercial purposes unless you have received a written permission from adidas headphones. You do not have the right to link the Website in a way that might damage or harm the brand or adidas headphones. Furthermore, framing, inline linking or other association of the Website or its Materials with links, advertisements and/or other information not originating from adidas headphones is expressly prohibited.

 

2. Products, content and specifications

adidas headphones does its best to ensure that information on the Websites is complete, accurate and current. Despite adidas headphones’ efforts such information set out on the Website may occasionally be inaccurate, incomplete or out of date. adidas headphones makes no representation as to the completeness, accuracy or correctness of any information on the Website.

All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. adidas headphones reserves the right to discontinue the promotion and sale of any product set out on the Website at any time.

adidas headphones makes all reasonable efforts to accurately display the attributes of the adidas headphones products, including the applicable colors. However, the actual color you see will depend on your computer system and configuration, and adidas headphones cannot guarantee that your computer will accurately display such colors.

The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time.

It is your responsibility to ascertain and obey any and all applicable laws and regulations, including but not limited to local, state, federal and international laws (including minimum age requirements) in connection with regard to the purchase, possession, use and sale of any product or service purchased from the Website. By placing an order, you represent that the product(s) ordered will be used only in a lawful manner.

This Website, its content, product information, and any products sold through the Website are intended to comply with EU laws and regulations. If you are a non-EU based visitor and/or user, be advised that other countries may have laws, regulatory requirements, and product(s) safety requirements that are different than those in Europe.

Any presentation of any product or service made on the Website is not personally directed to you and is only to be interpreted as an invitation to treat.

adidas headphones reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. adidas headphones may exercise this right on a case-by-case basis.

adidas headphones also may also require verification of information prior to the acceptance and/or shipment of any order.
This Website sells products to end consumers only. You shall not use the Website to purchase products for re-sale or export. adidas headphones reserves the right to immediately bar access to this Website and terminate the account of any user who violates this provision.

 

3. Linking

Periodically, links may be established from this Website to one or more external websites or resources operated by third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites may also provide links to the Website. None of such links should be deemed to imply that adidas headphones endorses the Third Party Sites or any content therein.

adidas headphones does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and adidas headphones will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Sites.

 

4. DISCLAIMER OF WARRANTY

YOUR USE OF THE WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER ADIDAS HEADPHONES NOR ANY OF ITS RESPECTIVE AFFILIATES OR SUBSIDIARIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER ADIDAS HEADPHONES, NOR ANY OF ITS RESPECTIVE AFFILIATES OR SUBSIDIARIES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

5. LIMITATION OF LIABILITY

IN NO EVENT WILL ADIDAS HEADPHONES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS WEBSITE INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ADIDAS HEADPHONES IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT THEREIN, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE.

 

6. INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD ADIDAS HEADPHONES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR BREACH OF THESE TERMS OF USE.

 

7. Jurisdiction

adidas headphones controls this Website from its offices in Stockholm, Sweden. adidas headphones does not imply that the materials published on this Website are appropriate for use outside of the EU. If you access this Website from outside of the EU, you do so on your own initiative and you are responsible for compliance with local laws.

 

8. Your communications and submissions

adidas headphones shall be free, but not obligated, to use any ideas, concepts, know-how, text, photographs, images or techniques contained in any communication you send to the Website, including but not limited to any posted content or submit material, (“User Submissions”) for any purpose whatsoever including, but not limited to, use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes or developing, manufacturing and marketing products using such information, all without any payment to or further authorization by you. You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, adidas headphones  does not guarantee any confidentiality with respect to any User Submissions.

You are solely responsible for your own User Submissions and the consequences of publishing them on the Website if adidas headphones chooses to publish them once submitted. adidas headphonesreserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these Terms of Use and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions.
adidas headphonesdoes not regularly review posted comments, but does reserve the right (but not the obligation) to monitor and edit or remove any comments submitted to the Website. You grant adidas headphones the right to use the name that you submit in connection with any comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any comments you submit. You are and shall remain solely responsible for the content of any comments you make and you agree to indemnify adidas headphones and its affiliates for all claims resulting from any Comments you submit.

adidas headphones and its affiliates take no responsibility and assume no liability for any comments submitted by you or any third party.
No Endorsement or Liability for User-Generated or Third-Party Content
Although third-party or user-generated submissions may be posted on this Website, the posting of those submissions does not constitute adidas headphones’ endorsement of those submissions. adidas headphones is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated submissions.

 

9. Prohibited uses of website and services

You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer or of the Website; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, infringing of any intellectual property rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) impersonate any person, business or entity, including adidas headphones and adidas headphones’ employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of adidas headphones, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or adidas headphones related services and products.

In addition to any remedies that adidas headphones may have at law or in equity, if adidas headphones so determine, in adidas headphones sole discretion, that you have violated or are likely to violate the foregoing prohibitions, adidas headphones may take any action adidas headphones deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Website.adidas headphones will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

 

10. Website security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the 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, or with access to the Website, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, spamming, mail-bombing, crashing, or usurping the Website’s resources or bandwidth; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of adidas headphones’ system or network security using any of the means above may result in civil and/or criminal liability. adidas headphonesbwill investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this Website.

You also agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from adidas headphones and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, or Mozilla Firefox).

 

1.1 Registration, accounts and passwords

You are responsible for the personal protection and security of any password or username that you may use to access this Website. You are responsible for all direct or indirect damages and liable for all activity conducted on this Website that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to adidas headphones.

 

1.2 Notice

When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. adidas headphones will communicate with you by e-mail and/or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that adidas headphones provides to you electronically satisfy any legal requirement that such communications be in writing.

 

1.3 Privacy statement

adidas headphones is committed to protecting the privacy of the visitors to this Website. For information on how information is collected, used, or disclosed by adidas headphones in connection with your use of this Website, please consult adidas headphones’  Privacy Policy.

 

1.4 No other agreemants

The provisions and conditions of these Terms of Use, the Privacy Policy and the Terms for Purchase constitute the entire agreement between you and adidas headphones related to the use of this Website and supersedes any prior agreements or understandings not incorporated in the Terms of Use, Privacy Policy, and Terms of Purchase.

 

1.5 Revisions

adidas headphones may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of this Website, at any time and without notice. adidas headphones also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. adidas headphones may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Website after any changes to these terms are posted will be considered acceptance of those changes.

 

1.6 Notice for infringement of intellectual property

adidas headphones does not permit any activities on this Website that infringes on the intellectual properties of others, including but not limited to copyright, trademark, or patent. adidas headphones may remove any content of any kind that a user posts to this Website (“Comments”). At its sole discretion, adidas headphones may limit or permanently terminate a user account for any reason. For instance, adidas headphones may limit a user’s ability to submit Comments if such comments infringe another’s copyright, or may terminate a user’s account for egregious or repeated infringing conduct on the Website.

If you are the owner of an intellectual property or an agent for such owner and believe that any Comments on this Website by third parties infringes upon your rights, you may notify adidas headphones by providing the following information in writing:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;
• A clear and concise identification of the intellectual property right being infringed;
• Identification of the Comment(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit adidas headphones to locate the same;
• Information reasonably sufficient to permit adidas headphones to contact you, such as an address, telephone number, and, if available, an email address;
• A statement that you have a good faith belief that use of the Comment(s) or material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law.

Your notice of claims of copyright infringement shall be sent to the following:
By Mail:

 

Kontakt

Zound Industries International AB
Centralplan 15
111 20 Stockholm
Sweden

By Email:

support@adidasheadphones.com

If you fail to comply with any or all of the requirements above, your notice may not be valid.

 

1.7 Additional Assistance

If you do not understand any of the foregoing terms and conditions or if you have any questions or comments, adidasheadphones.com invite you to contact Customer Service Department by e-mail at support@adidasheadphones.com or by phone at+46 (0) 8-41070510.