Updated: August 1, 2014
Beats may amend this ToU at any time by posting the amended ToU on the Site, and you agree that you will be bound by any changes to this ToU. For your convenience, the date of last revision is included at the top of this page. Beats may make changes to the Site and/or the Service at any time. You understand that Beats may discontinue or restrict your use of the Site and/or Service for any reason or no reason with or without notice.
YOUR USE OF THE SITE AND/OR THE SERVICE, OR BY CLICKING "I ACCEPT" IF PRESENTED WITH THIS TOU IN A CLICK-THROUGH FORMAT, SIGNIFIES THAT YOU AGREE TO THIS TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOU, INCLUDING ANY MODIFICATIONS THAT BEATS MAKES FROM TIME TO TIME.
3. TOU UPDATES
Beats will revise this ToU as the Site and/or Service evolves. The next time you use the Service after such an update, you may be prompted to agree to or decline the revised ToU. You must agree to all revisions if you choose to continue using the Site and/or Service. By using the Site and/or Service, you agree to the then-current version of this ToU as posted on the Site. If at any point you do not agree to any portion of the then-current version of this ToU, you must immediately stop using the Site and/or Service.
4. TERMINATION OF SERVICE
Beats reserves the right to deny service to any person at Beats' sole and absolute discretion. The Service is offered with the understanding that Beats may terminate your access to the Service at any time, for any reason or no reason, including without limitation for any violation of this ToU. Beats may stop offering and/or supporting the Service or any portion thereof at any time.
5. ACCOUNTS, PASSWORDS AND SECURITY
By establishing an account on our Site, you represent that you have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with this ToU on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to use your account. You further agree that you are entirely liable and responsible for all activities conducted through your account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of this ToU and any and all other Beats rules, policies, notices and/or agreements.
6. ORDERS AND PAYMENT TERMS
7. RESTRICTIONS AND CONDITIONS OF USE
Use of Site and Service.
Beats permits you to view and use a single copy of the Site solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site. Beats reserves the right to add or remove information, content or Services from the Site at any time at its sole discretion.
No Violation of Laws.
You agree that you will not, in connection with your use of the Site or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Site and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
Misuse of Site and/or Service.
You may not connect to or use the Site and/or Service in any way not expressly permitted by this ToU. Without limiting the foregoing, you agree that you will not: (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Site and/or Service or otherwise attempt to disrupt the Site and/or Service or any other person's use of the Site and/or Service; or (b) attempt to gain unauthorized access to the Site, Service, or the computer systems or networks connected to the Site and/or Service. Furthermore, you may not use the Site or Service to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Site and/or Service; (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or ordinance; (vii) makes any false, misleading or deceptive statement or representation regarding Beats and/or the Service; or (viii) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
No Commercial Uses.
You agree that you will not use the Site or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Site or Service.
No Data Mining or Harmful Code.
You agree that you will not (a) obtain or attempt to obtain any information from the Service; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Site or the Service.
The Site and Service contains services and features that are available to or through certain mobile devices. Your carrier's normal rates and fees apply. We do not guarantee that any or all Services will work with or be accessible through all carriers or devices.
Links from the Site.
The Site may contain links to websites operated by other parties. Beats provides these links to other websites as a convenience, and use of these websites is at your own risk. The linked websites are not under the control of Beats, and Beats is not responsible for the content available on the other websites. Such links do not imply Beats' endorsement of information or material on any other website and Beats disclaims all liability with regard to your access to and use of such linked websites.
Links to the Site.
Unless otherwise set forth in a written agreement between you and Beats, you must adhere to Beats' linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Beats' and/or its licensors' names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Beats, (iii) when selected by a user, the link must display the Site on full-screen and not within a "frame" on the linking site, and (iv) Beats reserves the right to revoke its consent to the link at any time and in its sole discretion.
9. SOCIAL NETWORKS
The Service includes features that operate in conjunction with certain third party social networking websites that you visit ("Social Network Features"). While your use of the Social Network Features is governed by this ToU, your access and use of third party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SOCIAL NETWORK FEATURES AND THAT BEATS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF THE SOCIAL NETWORK FEATURES.
10. INTELLECTUAL PROPERTY
Beats, Beats by Dr. Dre and the circle b logo are trademarks/service marks of Beats. Unauthorized use of any Beats trademark, service mark or logo may be a violation of applicable trademark laws.
The Site and Service and the content made available through the Site and Service are protected by U.S. and international copyright laws. You may not use, modify, reproduce or distribute any of the content, or the design or layout of the Site or Service, or individual sections of the content, design or layout of the Site without Beats' express prior written permission.
Beats respects the intellectual property rights of others, and requires that the people who use the Site and the Service do the same. Beats maintains a policy of termination in appropriate circumstances of users who use the Site and/or Service for repeat infringements. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Copyright Agent: Legal Department
Beats Electronics, LLC
8600 Hayden Place
Culver City, CA 90232
Phone Number: (424) 326-4679
Beats administers and operates the www.beatsbydre.com Site from the United States; other Beats Sites may be administered and operated from various locations outside the United States. Although the Site is accessible in many territories throughout the world, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Beats reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
12. SUBMITTED CONTENT
The Site and Service may provide users with the ability to post, upload, transmit and/or submit feedback, communications, images, sounds, messages, Product reviews, material, content or information (“User Generated Content”) on or through the Site and/or Service. Beats is under no obligation to review any such User Generated Content and assumes no responsibility or liability relating to any User Generated Content. Notwithstanding the above, Beats may from time to time monitor the User Generated Content and may remove any User Generated Content at its sole discretion. Unless otherwise provided in any other notice from Beats, Beats does not claim ownership of any User Generated Content you make available through the Site and/or Service. At Beats' sole discretion, such User Generated Content may be included in the Site and/or Service in whole or in part or in a modified form. With respect to such User Generated Content you submit or make available for inclusion on the Site and/or Service, you grant Beats a perpetual, irrevocable, non-terminable, worldwide, royalty-free, fully paid-up and non-exclusive license to use, copy, distribute, publicly perform, publicly display, modify, create derivative works, and sublicense such materials or any part of such User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, without payment to you. Any feedback you provide at the Site or through the Service shall be deemed to be non-confidential. Beats shall be free to use such information on an unrestricted basis. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 12. You also grant us the right, but not the obligation, to use your name, likeness, and identity in connection with your User Generated Content. You also grant other users of the Site and Service permission to access, use, record, reproduce, distribute, publicly display, publicly perform, and prepare derivative works of your User Generated Content in any medium (whether now known or later developed). You voluntarily waive all moral rights you may have in your User Generated Content. We do not guarantee any confidentiality with respect to any User Generated Content that you may submit, upload, post or otherwise provide to the Site and/or Service, and it is your responsibility to protect any rights that you may have in your User Generated Content. Please also be aware that any personally identifiable information that you choose to include in your User Generated Content for publication will not be protected. If Beats has provided you with any free or discounted product or other item of value (other than sales and discounts available to the general public), you agree to disclose the value received in your User Generated Content in compliance with Section 5 of the Federal Trade Commission Act.
13. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW,THE SITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BEATS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. BEATS DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Because some states, territories and/or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
14. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEATS, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES") DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, PRODUCTS AND/OR SERVICE, EVEN IF BEATS AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF BEATS OR ANY OF THE RELATED PARTIES EXCEED THE LESSER OF (I) US$100.00 OR (II) THE AMOUNT YOU PAID US FOR USE OF THE SITE OR SERVICE OR PRODUCTS PURCHASED THROUGH THE SITE DURING THE SIX (6) MONTHS PRIOR OT THE TIME THE CAUSE OF ACTION GIVING RISE TO THE LIABILITY AROSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEATS WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS, LIABILITY, EXPENSES OR DAMAGES INCURRED IN CONNECTION WITH THE SERVICE OR THE PURCHASE OF PRODUCTS, TO THE EXTENT CAUSED BY OR RESULTING FROM (1) YOUR ACTS, DEFAULTS OR OMISSIONS; (2) YOUR VIOLATION OF ANY TERM, CONDITION, REPRESENTATION OR WARRANTY CONTAINED IN THIS TOU; (3) YOUR FAILURE TO PROVIDE AN ACCURATE SHIPPING ADDRESS OR OTHER INFORMATION THAT YOU ARE ASKED TO PROVIDE IN CONNECTION WITH THE SALE OF THE PRODUCTS; (4) ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING THIRD PARTIES CONTRACTED BY BEATS; OR (5) NONDELIVERY, MISDELIVERY OR LATE DELIVERY OF PRODUCTS OR PRODUCTS LOST OR DAMAGED IN SHIPMENT.
WE DO NOT IN ANY WAY EXCLUDE OR LIMIT OUR LIABILTY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; OR (B) FRAUD OR FRAUDULENT MISREPRESENTATION, OR EXCLUDE OR LIMIT ANY LIABILTY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
Because some states, territories and/or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states, territories and/or jurisdictions, the liability of Beats and its affiliates shall be limited to the fullest extent permitted by law.
To the maximum extent permitted by law, you agree to indemnify, defend and hold Beats and the Related Parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys' fees, resulting from or arising out of your use of the Site and/or the Service, your negligent or intentional misuse of the Products or any breach by you of this ToU or any other policies that Beats may issue for the Site and/or Service from time to time.
16. GOVERNING LAW; JURISDICTION
You agree that all matters relating to your access to or use of the Site and/or Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to the personal jurisdiction by and venue in the state and federal courts in San Francisco, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based outside the United States. If you are a consumer based outside the United States, nothing in these terms will derogate from any rights you may have under existing consumer protection legislation or other applicable laws in your jurisdiction, including any right you may have to bring a claim in the courts of the country where you reside. Any claim under this ToU must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods such as Products are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Beats and you arising out of or in connection with your use of the Site and/or Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
This ToU may only be revised in a writing signed by Beats, or published by Beats on the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Beats as a result of this ToU or your use of the Service.
Beats may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToU without Beats' prior written consent, and any unauthorized assignment by you shall be null and void.
If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
In the event any litigation or mediation is brought by either party in connection with this ToU, the prevailing party shall be entitled to recover, to the maximum extent permitted by law, from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
All notices given by you or required under this ToU shall be in writing and addressed to: (in the United States) Beats Electronics, LLC, 8600 Hayden Place, Culver City, CA 90232, ATTN: Legal Department; and (outside the United States) Beats Electronics International Limited, The Malt House South, Grand Canal Quay, Dublin 2, Ireland, ATTN: Legal Department.
You hereby agree that Beats would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
This ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site and/or Service.