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AUDIOCITYUSA CORP. WEBSITE TERMS OF USE

Terms of Use: Ownership & Agreement to Terms

These Terms of Use (“Terms of Use”) apply and control this website (“This Site”). This Site is property, owned and provided to you by AUDIOCITY USA CORP., and all subsidiaries and affiliates (hereafter referred to as “AUDIOCITY” “we”, “us.”). In order to properly use This Site, please read the following Terms of Use carefully.

BY USING OR ACCESSING THIS SITE, YOU (USER) AGREE TO COMPLY TO THESE TERMS OF USE; IF YOU DO NOT AGREE OR ACCEPT THESE TERMS OF USE, DO NOT USE THE SITE. FOR AVOIDANCE OF DOUBT YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO THE TERMS OF USE OF THIS SITE.

Changes to These Terms of Use

AUDIOCITY reserves the rights, in sole discretion, to modify, alter, change, add or remove any portion of these Terms of Use, at any time, in whole or in part. It is your (the users) responsibility to check these Terms of Use for any changes each time you use or access This Site. Any use of This Site after any change to these Terms of Use means you agree and accept any change to these Terms of Use. In compliance with these Terms, AUDIOCITY, grants the user a personal, limited privilege, non-transferable, and non-exclusive right to enter and use This Site.

Use of This Site by You

To use This Site or any feature of This Site, including but not limited to purchasing any good/service, submitting any publication, or participating in any contest, you must first meet any restriction/requirement mandated by This Site or by any applicable law, including age, geographic location, or other eligibility. Accordingly, by using This Site or any feature of This Site you represent and warrant that you comply with any such restriction/requirement.

You further agree that you will not engage in any activity on or through This Site, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party. You also agree that you are solely responsible for any data, content, or resources that you create, transmit or display through This Site, and for the consequences of your actions, including, but not limited to any loss or damage caused by you.

AUDIOCITY is not liable for any information shared through This Site. All information on, obtained from, or related to This Site is for information use only. An appropriate professional should be consulted before purchasing any good through This Site or modifying your vehicle in any way.

Content

Text, designs, graphics, logos, icons, images, photographs, videos, audio, downloads, interfaces, code, software, products, features, tools, selection and arrangement (“look and feel”) including but not limited to the design, structure, selection, coordination, and expression contained on This Site is owned, controlled or licensed by AUDIOCITY and is protected by trademark, trade dress, copyright, patent, or various other intellectual property rights and unfair competition laws. We may remove any content or service on or made available through This Site without notice at any time in our sole discretion.

Unless expressly provided in these Terms of Use, no part or content from This Site may be copied, reproduced, uploaded, encoded, “mirrored,” republished, posted, publicly displayed, transmitted, translated, or distributed in any way to any other computer, server, web site, or other medium of publication for any commercial purpose, without AUDIOCITY’s prior signed written consent.

Any use of information on AUDIOCITY products and services (such as data, articles, or other similar materials) made available by AUDIOCITY for downloading from This Site may be used on the sole condition that you: 1) will not remove any proprietary notice language on all copies of such documents; 2) use such information only for personal, non-commercial use; 3) do not broadcast, publish, or post such information on any computer or media outlet; 4) make no modifications to any such information obtained from AUDIOCITY Products, Services, or This Site; and 5) do not make any additional representations or warranties relating to such documents.
In addition, you agree to abide by any and all additional restrictions displayed on This Site, even restrictions that were recently modified. This license to use This Site may be revoked at any time for any reason, and all rights not expressly granted are reserved by the applicable rights owner.

Intellectual Property

All trademarks, service marks, trade names, trade dress, copyrights, patents, logos, designs, images, content and Third-Party content displayed on This Site, including the look and feel (collectively referred to as “intellectual property”), are AUDIOCITY’s property or the property of our licensors, content providers or other third parties. You agree that AUDIOCITY or affiliated third parties own all legal right, title and interest in and to This Site. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. Nothing in these Terms of Use or on This Site shall be construed to grant, by implication, estoppels, or otherwise, any license or right to use any intellectual property without our or other intellectual property owner’s prior written consent. Use of any intellectual property from This Site is strictly prohibited without the express written consent from AUDIOCITY. Any attempt to modify/reproduce This Site or intellectual property accessible through This Site for any purpose other than for non-commercial home use constitutes a violation of AUDIOCITY Intellectual Property Rights or other proprietary rights and will subject you to damages, including but not limited to, statutory damages, injunctive relief, or other penalties.

Infringement Notice

AUDIOCITY holds the intellectual property rights of others in high regard, and we request that you respect those rights. In accordance with the Digital Millennium Copyright Act (DMCA) and to terminate users of the Site in appropriate circumstances involving infringement, we constructed and reasonably implemented a policy to respond to notices of potential infringement. The DMCA criminalizes production or dissemination of copyrighted works. If you believe your copyright or the copyright of a person or entity on whose behalf you are authorized to act has been infringed, you may notify us:

AudioCityUSA.com
Customer Support Team
13133 Telegraph Road
Santa Fe Springs, CA 90670
Email: [email protected]
Phone: (888) 814-1158

To be effective, your notification must:

1. be in writing;
2. include a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. identify the material that is claimed to be infringing or to be the subject of infringement;
4. statement of good faith belief that use of material is not authorized by copyright owner, agent, or the law;
5. statement that the information in the notification is accurate, under penalty of perjury, and that complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
6. contact information of the complaining party, including but not limited to: an address, telephone number, and if available, an electronic email address to be contacted;

In accordance, we have an absolute right to remove any material from This Site, without notice, in our sole discretion at any time and have no obligation to: post, distribute, forward, transmit, or otherwise provide any material available on This Site, including any material you provide us.

User Generated Content

Some portions of This Site may allow users (you) to post, display, or submit comments, questions, messages, suggestions, images, or any other content in any form (“User Generated Content”). By submitting any User Generated Content, you represent and warrant that you own the Intellectual Property Rights or unrestricted license attached to such User Generated Content, including but not limited to visual, audio, and other material. As a result, you disclaim any right to any compensation from AUDIOCITY or This Site in connection with any User Generated Content you post on This Site. Further, through any submission of User Generated Content on This Site, you grant This Site and AUDIOCITY an unrestricted, irrevocable, perpetual, transferable, sub-licensable, global, royalty free license to reproduce, publicly display, distribute, or otherwise make derivative works of and use any User Generated Content in any media or medium whatsoever, whether known or later invented for any purpose whatsoever without notice.

You have the sole responsibility for any User Generated Content submitted, or issues that arise therefrom. In the event that AUDIOCITY offers an incentive to prompt the consumer for any feedback or review, such incentive shall not be modified based on the content of the response but is offered solely for participation. While reviews are designed to reflect the true impression of the party submitting the information, we, in our sole discretion, reserve the right to modify or remove any User Generated Content and to deny access to This Site to any person who violates the Terms of Use of This Site without notice at any time. We, at our sole discretion, also reserve the right to pursue any and all appropriate legal action against any violators to the Terms of Use of This Site at any time, with or without notice. Further, we have no obligation to monitor, edit, keep, regulate or display any User Generated Content. You, therefore, acknowledge and agree that AUDIOCITY has no obligation to you and is no way liable for any use or disclosure of any User Generated Content submitted by you.

Note that we do not endorse or warrant the accuracy of any, User Generated Content, consumer submission, or any opinion, recommendation or advice expressed through This Site, and we expressly disclaim any and all liability in connection with any User Generated Content. The party (you) submitting the User Generated Content is solely responsible for any interactions with other users and you agree to hold AUDIOCITY harmless from any and all liability associated with any User Generated Content submitted by you.

Prohibited Activities

While using This Site, you represent and warrant the following:

You will not use any robot, spider, other automatic device or manual process to monitor or copy This Site or any content or information contained therein. You may not interfere or attempt to interfere in any manner with the proper functioning of This Site. By participating in This Site, you agree that you will not provide AUDIOCITY or This Site any viruses, worms, time bombs and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information and you will not submit any content that may create liability for AUDIOCITY.

You will not attempt to gain unauthorized access to any portion or feature of This Site, or any other systems or networks connected to This Site in any way, including but not limited to, hacking, mining, or any other illegitimate means. Additionally, you may not use This Site or any content therein for any purpose that is unlawful, prohibited by the Terms of Use, or to solicit the performance of any illegal activity that damages or infringes the rights of AUDIOCITY or others.

You may not provide, display, submit, or otherwise transmit any User Generated Content that infringes any patent, copyright, trademark, trade secret, or other proprietary rights of any party, including but not limited to any User Generated Content that violates any law or contractual or fiduciary relationship.

You will not use This Site if you are a person or entity barred from using This Site under the laws of the United States or other countries, including the country in which you are resident or from which you use This Site. If you use This Site on behalf of you or any third-party, you agree to be bound by the Terms of Use of This Site and you represent and warrant that you have full legal authority to use This Site or any portion, or feature of This Site. If you do not have the requisite authority, you may not use This Site on behalf of yourself or any third-party.

You will not upload any User Generated Content that impersonates any person or entity, falsely misrepresents affiliation with a person or entity, is harmful, false, misleading, deceptive, misinformative, deceitful, divulges personal or identifying information about another person without consent, offers to sell/advertise products or services, including marketing, solicitation, bait and switch, advertises illegal services or sale of prohibited goods by any applicable law, flood or otherwise repeatedly post the same or similar User Generated Content on or to This Site, or any other form of harassment to AUDIOCITY or third-parties. You further agree not to upload any User Generated Content that damages the reputation, name, or good will of AUDIOCITY.

Purchase Related Policies & Other Terms

We reserve the right, with or without notice, to cancel or reduce the quantity of any orders, in our sole discretion. We do not guarantee that all orders will be filled, delivery may not be available in your area and quantities of goods sold or services rendered may be limited. Further, we do not guarantee satisfaction with any good or services purchased through This Site or from us.

Additional terms and conditions may apply to any purchase of goods or services from This Site including, but not limited to, promotions, contests, or other similar features, all of which terms are made a part of these Terms of Use by this reference. If there is conflict between these Terms of Use and the terms posted on the goods or services, the latter shall control.

AUDIOCITY may make changes to any products or services offered on This Site, or to the applicable prices for any such products or services, at any time, and without notice. Any product or services represented on This Site may be out of date, and AUDIOCITY makes no commitment to update This Site with respect to such products and services.

Please note, we are not responsible for any good or service not sold by us. We highly recommend to not engage in any sale or transaction with any person other than AUDIOCITY through This Site. Although we may provide a forum in which buyers and sellers may communicate to each other, you proceed at your own risk and agree that This Site is not responsible for any loss that you may sustain by engaging in any transaction with any buyer or seller met through This Site.

Payments/Fees

Any payment or other services requiring payment requires use of a valid credit card or PayPal account. If a valid credit card or PayPal cannot be rendered, AUDIOCITY reserves the right, in our sole discretion, to establish any other acceptable alternative payment method. You the purchaser are solely responsible for all charges, payment and fees owed for all goods and services purchased through This Site, including, but not limited to, applicable taxes, shipping charges, insurance, and any other costs. Further you agree that all fees, payments, and charges are nonrefundable, except as required by law.

We reserve the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion for any reason. You understand and agree that if you authorize a payment through any means but your payment is rejected for any reason, there may be a hold on your use of the transaction amount for an extended period of time.

Privacy

Please review our Privacy Policy, which also governs your visit to This Site and Third-Party Sites, so that you understand our privacy practices. AUDIOCITY’s Privacy Policy applies to use of This Site, and its terms are made a part of these Terms of Use by this reference. By using This Site, you agree that transmissions over the Internet are never 100% private or secure and understand that any message or information sent to our Sites may be intercepted and read even if such transmission is encrypted.

Links to Other Sites

This Site may contain links to other websites, including but not limited to, other independent third-party web sites, which may be operated by third parties (“Third-Party Sites”). All links are not endorsed or affiliated with AUDIOCITY and are solely provided as a convenience to you, the viewer. AUDIOCITY does not control any such Third-Party linked Sites or any information or materials contained on such Linked Sites. WE ACCEPT NO RESPONSIBILITY FOR ANY THIRD-PARTY SITES, AND HEREBY DISCLAIM ALL LIABILITY RELATED TO THEM. INDEPENDENT JUDGMENT MUST BE USED BEFORE ACCESSING ANY LINKED SITES AND DOING SO IS ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS OF USE FOR SUCH THIRD-PARTY SITES.

Violation of These Terms of Use

If we determine that any disclosure is necessary in connection with any investigation or complaint regarding your use of This Site, or in connection with any legal action against someone who may cause injury or interference with AUDIOCITY’s rights or property, we may disclose any information, as deemed necessary, we have or obtained about you including, but not limited to your identity. We also reserve the right at all times to disclose any such information that AUDIOCITY deems necessary to comply with any applicable law, regulation, legal process or governmental request including, to prevent fraud and may disclose your information when we determine that any law requires or permits such disclosure.

You agree that AUDIOCITY may, in its sole discretion and without prior notice, terminate your access to This Site and/or block future access to This Site for any reason. Further, you agree that any violation of these Terms of Use causes unlawful or unfair business practice, and causes AUDIOCITY irreparable harm, for which monetary damages are inadequate. Thus, you consent to AUDIOCITY obtaining injunctive or equitable relief that AUDIOCITY deems necessary or appropriate in such circumstances. Any such remedies are in addition to any other remedies AUDIOCITY may have at law or equity.

If AUDIOCITY does take any legal action against you as a result of violation of these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. Further, you agree that AUDIOCITY will not be liable to you or any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Disclaimers

THIS SITE, CONTENT, RELATED SERVICES AND FEATURES ARE PROVIDED TO YOU “AS-IS” AND “AS-AVAILABLE” BASIS. WE MAKE NO PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS SITE IS ERROR-FREE OR UNINTERRUPTED. THERE IS NO GUARANTEE THAT ANY DEFECT WILL BE CORRECTED, AND YOU HEREBY AGREE THAT YOUR USE OF THIS SITE, CONTENT, OR ANY SERVICE OR MATERIAL WE PROVIDE IN CONNECTION WITH THIS SITE IS AT YOUR SOLE RISK.

WE DO NOT ENSURE THAT ANY FILES OR OTHER DATA AVAILABLE FROM THIS SITE, INCLUDING ANY MATERIAL THAT IS DOWNLOADED FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION, OR HARMFUL FEATURES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING ANY WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SUITABILITY, TITLES, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR DEALING. THE SOLE REMEDY ELECTED TO YOU AGAINST AUDIOCITY FOR ANY DISSATISFACTION WITH THIS SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT RELATED TO THIS SITE. WE RESERVE THE RIGHT TO RESTRICT, LIMIT, TERMINATE, MODIFY, OR SUSPEND ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME FOR ANY REASON. THIS DISCLAIMER AND LIMITATION OF RELIEF IS PART OF THE CONTRACT BETWEEN THE PARTIES.

Limitation of Liability

To the maximum extent permitted by law, in no event will AUDIOCITY, including our officers, directors, shareholders, contractors, employees, agents, successors, assignees, licensors, or third-party service providers be liable for any damages, including defamation, strict liability, indirect, exemplary, incidental, punitive, consequential, special, including lost profits, even if AUDIOCITY has been advised of the possibility of such damages. Further, as mentioned above, your sole and exclusive remedy for any of the above claims or any claims or dispute in connection with This Site is to discontinue your use of This Site.These Terms of Use or any other policies on This Site shall not be interpreted or construed to confer any rights or remedies on any third parties.

Indemnification

You hereby agree to indemnify and hold AUDIOCITY, our affiliates, respective officers, directors, shareholders, employees, contractors, agents, licensors, third-party service providers, successors, assigns, and subsidiaries, harmless from against any claims, judgments, demands, loss, liability, expenses, fines, penalties, and fees, including reasonable attorney fees, and court costs, made against AUDIOCITY due to or arising out of or in connection with your use of This Site or This Site Content other than as expressly authorized in these Terms of Use.

Jurisdiction and Applicable Law

You agree that the laws of the State of California govern the use of This Site and Terms of Use, subject to any conflict of laws’ provisions. You agree and irrevocable consent to personal jurisdiction of the courts in Los Angeles County, California for any proceeding or action arising out of or relating to the use of this Site or these Terms. Any claim under these Terms must be brought within twelve (12) months, or one (1) year after the cause of action arises, or such claims is barred by latches. If any provision of these Terms of Use are deemed void or unenforceable, you hereby agree that such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that will best embody the intent of these Terms of Use, and will remain in full force and effect.

No Exporting

You agree that you may not use or export or re-export any content or any copy or adaption of such content, or any product or service offered on This Site, in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations.

Waiver and Severability

AUDIOCITY’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by AUDIOCITY of any provision or right it has to enforce these Terms of Use.

Entire Agreement

These Terms of Use, and any terms or policies posted on This Site, excluding terms and conditions by Third-Party Providers, constitute the entire and complete agreement and supersede all prior agreements. You acknowledge that entering into this Agreement and any ancillary agreements executed contemporaneously herewith, as a result of your own independent judgment.

Notices

You must provide all notices or complaints regarding This Site via Certified Mail and via e-mail using the Contact Information outlined below. All notices from us, or This Site to you will be sent to the e- mail address you provide to us.

Contact Information

If you want to contact us or have any questions, comments, or concerns about these Terms of Use, please contact us via email at: [email protected]
or write to us at:

AudioCityUSA.com
Customer Support Team
13133 Telegraph Road
Santa Fe Springs, CA 90670

We appreciate and thank you for visiting This Site.