Last revised: October, 2017
These Terms of Use (the “Terms of Use”) apply to the Auditory Systems website and to other Auditory Systems websites which link to these Terms of Use, e.g., www.auditory.click and www.auditory.systems (collectively, the “Site”). The Site is the property of Auditory Systems, its subsidiaries and affiliates (collectively, Auditory Systems) and its licensors. Auditory Systems reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Auditory Systems or others.
Please reference our Privacy Policy for a description of our practices with respect to the collection, use and sharing of personal information.
Website Content and Ownership of the Site
The Site, and all text, files (including CAD files), graphics, photographs, trademarks, logos and other content (collectively, “Content”) contained on the Site is owned, controlled or licensed by or to Auditory Systems, and is protected by Netherlands and international trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes of authorized or approved in writing by Auditory Systems. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Auditory Systems without our express written consent.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, translated, transmitted or distributed in any way for publication or distribution or for any commercial enterprise, without Auditory Systems express prior written consent.
You may use information on Auditory Systems products (such as specification sheets and similar materials) and other materials made available by Auditory Systems for downloading from the Site, provided that you: (1) not remove any proprietary notice language in all copies of such documents; (2) use such information only for your personal, non-commercial informational purpose; (3) make no modifications to any such information; and (4) not make any additional representations or warranties relating to any Auditory Systems products.
Other Terms and Conditions
Additional terms and conditions stated on our website may apply to purchases of goods and to specific portions or features of the Site, all of which terms are made a part of these Terms of Use by this reference. The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference: Trademark Information.
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
User Reviews and Other Submissions
Our Site provides you with the ability to submit reviews regarding our products. If you submit, upload or post any reviews, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Auditory Systems that you have the legal right and authorization to provide all User Generated Content to Auditory Systems for the purposes and Auditory Systems use as set forth herein.
Auditory Systems shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner and for whatever purposes Auditory Systems desires, including without limitation for marketing and advertising purposes. Auditory Systems shall have the right to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world, including on Site, third-party social media and advertising sites such as Facebook, Twitter, etc., print and broadcast media, and other forms of publication. Auditory Systems is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.
Auditory Systems does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant Auditory Systems the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Auditory Systems and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold Auditory Systems harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Auditory Systems arising out of any User Generated Content you post or allow to be posted to the Site.
Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Auditory Systems respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Auditory Systems.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.
Identify the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Auditory Systems.
Site Security
You are prohibited from violating or attempting to violate the security of the Site, 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, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (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 system or network security may result in civil or criminal liability. Auditory Systems will 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 this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Auditory Systems on this Site and other than generally available third party web browsers.
Accuracy and Integrity of Information
Although Auditory Systems attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Auditory Systems so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Auditory Systems shall have no responsibility or liability for information or Content posted to the Site from any non-Auditory Systems affiliated third party.
Links to Other Sites
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Auditory Systems control, and Auditory Systems is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
WARRANTY DISCLAIMERS
THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” BASIS. AUDITORY SYSTEMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WARRANTIES RELATING TO PRODUCTS OFFERED, SOLD AND DISTRIBUTED BY AUDITORY SYSTEMS ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS.
LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL AUDITORY SYSTEMS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF AUDITORY SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
Export Restrictions; Indemnity
The manufacture, shipment, and delivery of all Products are subject to any prohibition, restriction, priority, allocation, regulation or condition imposed by, or on behalf of, the Netherlands. You agree that you shall comply with all applicable import, export, and anti-corruption statutes and regulations of the Netherlands. You agree to indemnify and hold us harmless from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control laws and regulations.
Submission To Jurisdiction & Venue; Governing Law; Limitation Of Action
Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, these Terms of Use shall be brought against either of the parties in the state or federal courts located in the Netherlands, and each of the Parties consents to the jurisdiction of such courts in any such action or proceeding and waives any objection to venue, including any defense of inconvenient forum. A final judgment in any action or proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by law or at equity.
These Terms of Use shall be governed by the laws of the Netherlands without giving effect to any choice or conflict of law principle, provision or rule, whether of the Netherlands or any other jurisdiction that would cause the application of the laws of any jurisdiction other than the Netherlands. The United Nations Convention on the International Sale of Goods shall not apply to these Terms of Use.
Any and all claims arising out of or related to these Terms of Use, or any agreement related to these Terms of Use or executed concurrently with this Agreement, or the relationship of the parties shall be barred unless commenced within one (1) year from the date the complaining party knew or should have known of the facts giving rise to such claim, or the statute of limitations applicable to that claim under Netherlands law, whichever is shorter.
Miscellaneous
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Auditory Systems with regard to your use of the Site. Auditory Systems failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Auditory Systems of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Auditory Systems and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Guidelines for Using Auditory Systems Trademarks
These guidelines are for authorized dealers wishing to use Auditory Systems trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, unless Auditory Systems has provided you with other written trademark usage guidelines. Use of Auditory Systems trademarks are prohibited, unless expressly authorized in writing by Auditory Systems.
Auditory Systems trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help Auditory Systems protect its valuable trademark rights and strengthen its corporate and brand identities. By using a Auditory Systems trademark, in whole or in part, you are acknowledging that Auditory Systems is the sole owner of the trademark and promising that you will not interfere with Auditory Systems rights in the trademark, including challenging Auditory Systems use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any Auditory Systems trademark. The goodwill derived from using any part of a Auditory Systems trademark exclusively inures to the benefit of and belongs to Auditory Systems. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise.
Authorized Use of Auditory Systems Marks
When using any Auditory Systems trademark with printed or electronic content and materials, a trademark attribution notice must be included in the credit section giving notice of Auditory Systems ownership of its trademark(s). Please refer to the sections below titled “Proper Trademark Use and Listing” and “Trademark Notice and Attribution.” An appropriate trademark notice symbol should be used at least once per page in any instance where a mark appears (e.g., websites, printed materials, packaging, advertising, etc.). Trademark notice is recommended at the first or most prominent appearance of the mark on each page.