WEBSITE TERMS OF USE
1. ACCEPTANCE OF
TERMS:
This website is designed for and targeted to Adults. It is
intended solely and exclusively for residents of the United States of America
and its territories and possessions ("U.S.") and Canada who are at
least 18 years of age or older. In order to use and access the features and
services provided by this website you must be 18 years of age or older (or
whatever the applicable age of majority (legal adulthood) is where you are
located). If for any reason you do not agree
with all of the terms and conditions contained in this Agreement, including
this website's Privacy Policy, please discontinue using the website
immediately. By using this website, you agree to be legally bound by all of the
terms of this Agreement. We reserve the right to change the terms of this
Agreement or to change, modify or otherwise alter any features of this website
at any time and for any purpose without notice. You should visit this page regularly
and review this Agreement for the current terms of this Agreement, since your
continued access or use of the website will be deemed as an irrevocable
acceptance of any such changes, modifications or alterations. Areas of this
website within the proprietary online service offered by SONOS MODELS INC may
be subject to additional terms and conditions, which you should read carefully before
making any use of those areas. Any such terms will not vary or replace the
terms of this Agreement regarding any use of this website, unless otherwise
expressly stated.
2.
REPRESENTATIONS:
By using this website you represent and warrant that you are
a resident of the U.S. or Canada, that you are a legal adult, that you meet all
other eligibility and residency requirements, and that you are fully able and
legally competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in this Agreement and to abide by and
comply with these terms and conditions.
3. REGISTRATION:
In accessing this website or certain of the resources on the
website, you may be asked to provide registration details including a valid
e-mail address, date of birth and your full name. It is a condition of use of
this website that all the details you provide will be correct, current, and
complete. If SONOS MODELS INC believes the details are not correct, current, or
complete, we have the right to refuse you access to the website or any of its
resources.
4. COPYRIGHTS AND
TRADEMARKS:
This website and all materials incorporated on this website (including,
but not limited to text, photographs, graphics, video and audio content) are
protected by copyrights, patents, trade secrets or other proprietary rights
under laws of the United States and other countries. Some of the characters,
logos or other images incorporated by SONOS MODELS INC. on this website are
also protected as registered or unregistered trademarks, trade names and/or
service marks (“Trademarks”) owned by SONOS MODELS INC. All other trademarks
are the property of their respective owners. Use of the Trademarks of SONOS
MODELS INC. or of any other party is not authorized in any manner other than as
incorporated into this website.
5. DISCLAIMER OF
WARRANTIES:
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE
AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER
CONTENT IN THIS WEBSITE ARE PROVIDED "AS IS" AND "AS
AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SONOS MODELS INC.
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. SONOS MODELS INC. DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THIS WEBSITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED OR THAT SONOS MODELS INC’S WEBSITES OR THE SERVERS
THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SONOS
MODELS INC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES,
SERVICES OR OTHER CONTENT IN THIS WEBSITE. SONOS MODELS INC. MAKES NO WARRANTIES
THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES OR SERVICE IN
THIS WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND SONOS MODELS INC.
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH
MATERIALS, INFORMATION, SOFTWARE, FACILITIES OR SERVICE THIS WEBSITE. IF
APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED
WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT
PERMITTED BY APPLICABLE LAW.
6. LIMITATION OF
LIABILITY:
SONOS MODELS INC. DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS
OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO
USE, THIS WEBSITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES
OR OTHER CONTENT ON THIS WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY
IS CLAIMED AND EVEN IF SONOS MODELS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT SONOS MODELS INC.) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT
OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY
PART OF THE ABOVE LIMITATION OF
LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU
ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
7. SYSTEM
ABUSE:
(a) You may not reproduce, sell, resell or otherwise exploit
any resource, or access to any resource, contained on this website.
(b) You are prohibited from using any services or facilities
provided in connection with this website to compromise security or tamper with
system resources and/or accounts. The use or distribution of tools designed for
compromising security (e.g. password guessing programs, cracking tools or
network probing tools) is strictly prohibited.
8. INDEMNITY:
You agree to indemnify and hold harmless SONOS MODELS INC.,
its directors, officers, shareholders, parents, subsidiaries, affiliates,
agents, and licensors, from and against all losses, expenses, damages and
costs, including reasonable attorneys" fees, resulting from your breach of
any of the foregoing provisions, representations or warranties, and/or from any
and all use of your account in violation of this Agreement or the failure to
fulfill any obligations relating to your account incurred by you or any other person
using your account. We reserve the right to take over the exclusive defense of
any claim for which we are entitled to indemnification under this Section. In
such event, you shall provide us with such cooperation as is reasonably requested
by us.
9. APPLICABLE LAW
AND JURISDICTIONAL MATTERS:
This Agreement shall be governed by, construed and enforced in accordance with
the laws of the State of California, as they are applied to agreement entered
into and to be performed entirely within California. Any action you, any third
party or SHOWCASE-EXPRESS may bring to enforce this Agreement or, in connection
with any matters related to the website shall be brought only in either the
State or Federal Courts located in Central
District of California, Santa Ana, California, and you expressly consent to the jurisdiction
of said courts.
10. SEVERABILITY: If any provision of this Agreement
shall be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable for this agreement and shall not affect the validity
and enforceability of any remaining provisions. This is the entire agreement
between the parties relating to the matters contained herein.
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