Last modified: April 15th, 2018
(“Necksound”, “we”, “us” and “our”). These Conditions apply to any Necksound website, mobile application or other interactive or online services, offered in European countries; the United Arab Emirates (“UAE”); Asian countries and Oceania (“APAC”) and that include a link to these Terms and Conditions (collectively, the “Services”).
By accepting these Terms, you agree that these Terms govern the use of the Services. If you do not agree to these Terms, you must stop accessing or using the Services. The purchase of Necksound services or products is subject to independent Terms of Sale, which will be provided to you on the policy pages in the Services. If in addition, an End User License Agreement (EULA) is applied, independently of the Services you use, and there is a conflict between these Terms and Conditions and the EULA, the EULA shall prevail.
We may revise these Terms to reflect changes in the services, needs of our users, our business priorities or changes in laws and regulations. We will give you proper notice of any major changes in accordance with the corresponding legal requirements. Each time you want to use the services, check these conditions to ensure that you understand the conditions that apply at that moment. The most recent update of these conditions was made on the date that appears at the top.
1. INFORMATION ABOUT US
We are Necksound Solutions s.l., a company registered in Spain with company number B98673262 and with fiscal address at 125 Blasco Ibañez, Valencia, 46002 Spain which is also our registered office. We are a limited company. To contact us, see our contact page.
2. ELIGIBILITY AND SCOPE
To use the services you must be of legal age and be able to prove it (18 years old or older or otherwise the legal age in your jurisdiction, or if you have parental consent, 13 years or older), and be able to accept these conditions. If you accept these conditions on behalf of an organization or entity, you guarantee and certify that you are properly authorized to accept these conditions in the name and on behalf of that organization or entity and that they will be bound by these conditions (in which case, references to “you” and “your” in these terms, except in this sentence, refer to that organization or entity). If Necksound has previously prohibited you from accessing or using the services, you are not authorized to access or use the services.
3. USE AND REGISTRATION OF THE ACCOUNT
3.1 Account registration and confidentiality. You may need to create an account to use certain services. In this case, during the registration process, you must select a username and password, and provide us with additional information. It is your responsibility to ensure that your password remains confidential and secure. By registering, you understand that you are fully responsible for all activities that occur with your username and password. We will assume that all communications that we receive from your account have been made by you.
3.2 Unauthorized Account Use. You will be responsible for notifying us of any unauthorized use or access to your account from the moment you become aware of it. To contact us, see our contact page. You agree that we can ask you to provide us with information that we can use to confirm your identity and help ensure the security of your account.
4. OUR PROPRIETARY RIGHTS
Services belong to Necksound, which is responsible for managing them and contain materials (including software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, design work and other graphic materials, and names, logos, registered marks and service marks) derived in whole or in part of materials supplied by Necksound and its partners as well as from other sources, and they are protected by intellectual property rights.
You agree to comply with all applicable intellectual property laws. You acknowledge that Necksound and third parties have developed, compiled, prepared, revised, selected and organized services by applying methods and standards based on decisions developed and applied through an investment of time, effort and money which is part of valuable intellectual property.
You agree to notify immediately Necksound if you detect that the services infringe on any intellectual property rights. You have not transferred any right, title or interest in our services or any content of our Services, and Necksound reserves all rights not expressly granted. You must not use any trademarks, logos, product and service names, designs, slogans or commercial registered trademarks of Necksound without our permission.
If you print, copy or download any part of our services breaking this conditions, your right to use our services will cease immediately and you must, to our discretion, return or destroy any copies of the material you have made.
5. SHIPMENTS AND CONTENT OF THE USER
5.1 Publications and user content. services allow you to send, publish, upload or make available (collectively, “Publication”) content such as video clips, photographs, reviews, questions, comments, public messages, ideas, product reviews, and other content (collectively, the “ user content “) that other users can see. Any material, information or idea you transmit or publish by any means will be treated as confidential. When providing or including a publication in either one of our services, you grant us the non-exclusive right to use it anyway. You agree that no publication will involve any prohibited conduct (as is defined below) and you accept and agree to indemnify us with applicable laws if you participate in any Prohibited Conduct which damage us as a direct result of your Prohibited Conduct.
5.2 Statement of User Content. You acknowledge and agree that all User Content you post is your sole responsibility. In addition, you agree that you hold all rights needed to perform a publication of such user content without infringing any third party rights.
You understand that Necksound does not control and is not responsible for User Content. When using the services, you can be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Also, keep in mind that the User Content may also include typographical errors, other unintentional errors and inaccuracies.
We reserve the right, to our discretion, to take control of all disputes arising out of User Content from your post, and in any case, you should cooperate with us to try to resolve any dispute or defend any claim against us.
5.3 Review of User Content. You acknowledge and agree that Necksound may or may not, at the discretion of Necksound, filter User Content before it appears in the Services, but Necksound has no obligation to do so. Also, you acknowledge and agree that Necksound reserves the right (but no obligation) in its sole discretion to refuse, move, edit or remove any User Content that contributes to the Services. In addition, Necksound has the right to remove any User Content that infringes these conditions, at the sole discretion of Necksound. You acknowledge and agree that Necksound does not verify, adopt, ratify or sanction User Content, and you agree that you must evaluate and bear all risks associated with the use of User Content or your confidence in the accuracy, integrity and use of the User Content.
5.4 User Submissions. Necksound maintains an incredibly solid commitment to investigation. It may take several years to investigate new technologies, integrate them into products and develop and marketing strategies for these products. We want to avoid any misunderstanding that might arise if a marketing or product strategy of Necksound has even the slightest resemblance to an idea sent to Necksound during the development process, or if some characteristic or function of the product appears to be related to the comments received from a client. Neither Necksound nor any of its employees accept or consider ideas that have not been previously requested, including marketing plans or unpatented technologies. We do not offer compensation, in cash or in products, for product ideas that have not been previously requested or customer comments on the characteristics or functions of the product.
Even if you still send this information, you agree that such information will be considered non-confidential and that Necksound has the power to use this information for any purpose, including without limitation, the development, manufacturing and product marketing that use this information.
6. PROHIBITED CONDUCT
Using the Services for any illegal purpose or any purpose not expressly permitted in these conditions is strictly prohibited. Without limitation, (collectively, “Prohibited Conduct”) :
• User post content: (1) harass, abuse or threaten any other person, or containing obscene content; (2) contains false, inaccurate or that leads to error; (3) degrade or discriminate against others based on gender, race, class, ethnicity, nationality, religion, sexual orientation, disability or any other classification; (4) is indecent, offensive, harassing, violent, hateful, inflammatory, unlawful, harmful, tortuous, defamatory, libellous, or invasive of the privacy of another person; (5) promote explicit sexual material or pornographic, violence or any illegal act; (6) infringes on the legal rights of any person or contains any material that may result in civil or criminal liability under the laws or regulations or otherwise, can come into conflict with and these conditions; or (7) make it looks like such content is approved by Necksound or any other person or entity, without this being the case.
• You use the Services for commercial purposes, for benchmarking or gather information for a product or service.
• You copy, download (using another method than the websites cache for personal use or as expressly permitted in these conditions), modify, destroy, publish, pass along, show, create, play, emit, “reflect”, double, publish, edit, upload, autorizarás, perform reverse engineering, create derivative works, or offer for sale any content or other information included or obtained from or through the Services by any means, except as said in this Conditions or with the prior written consent of Necksound.
• You gather, supervise, elaborate, link or copy any content or information of the Services by accessing the services automatically, using any robot, spider, search agent, or any other access method different to the method of manually accessing to the available public parts of the Services through a browser or access the Services by any API approved by Necksound.
• You do not follow the restrictions in robot exclusion protocols Services if any, or you will omit or avoid other measures employed to prevent or limit access to the Services.
• You publish material that supports illegal activities or expresses illegal activities with the intent to commit them.
• You publish or make available materials containing any software, device, instructions, computer code, files, programs or other content or characteristics designed to interrupt, destroy, damage or limit the functionality of any computer hardware or software, or telecommunications equipment (including, without limitation, logic bomb, virus, malware, blocking software, worm, autodestruction, malicious logic, Trojan horse, trapdoor, “disabling” device, “lock”, “measurement” or any malicious code ).
• You publish or perform any action that could disable, overload, or impair the proper functioning of the Services.
• You publish material that prevents or makes not possible the communication or interrupts the debate of the user.
• You publish, use or make the intellectual property available to third parties unless you have the right to do so, nor will eliminate or alter any copyright, registered trademarks and/or proprietary notices included in the Services.
• You publish trade secrets or other confidential information or post any material that you have not right to make available under law or contractual relations, including, among others, privileged information, confidential information and property acquired or disclosed as part of labour relations or under nondisclosure agreements.
• You declare a false identity or fake in any other way your relationship with any other person or entity or act as another person or entity.
• You ask for personal or confidential information of other users, including, among others, address, credit card information, passwords or financial account.
• You send spam or other advertisements or solicitations, surveys, content, pyramid schemes, promote commercial entities or participate in commercial activities through the Services.
• You use frames, online links or other similarly not showing the Services or any part of the Services.
• You fail to follow these Conditions, our Terms of sale, or any other guideline or policy published by Necksound.
7. LEGAL COMPLIANCE
9. RESPONSIBILITY LIMITING
If we do not meet these conditions we will be liable for any damages or losses that you suffer as a foreseeable consequence of our failure to meet these Conditions or our negligence, but we will not be responsible for any damages or losses that are not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our fault. In addition, we only provide services for private and domestic use. You agree not to use the Services for commercial or business purposes and we will not be liable for any loss of benefits, commercial loss, business interruption or loss of business opportunity. We do not exclude or limit in any way our liability to you in cases where it is not permitted by law. This includes the responsibility for death or personal damage caused by our negligence or the negligence of our employees, agents, for fraud, and not respecting your legal rights in relation to the Services.
The information presented on or through the Services is only available for general information purposes. We cannot confirm the accuracy, completeness or usefulness of this information.
Any trust placed by you on such information will be your own responsibility.
You understand that we cannot and do not guarantee that files available for downloading from the Internet or our services are free from virus or other destructive code. You are responsible for implementing the procedures and enough checkpoints to meet your particular requirements antivirus protection and accuracy of input and output data, and for maintaining a mean, external from our Services, for any reconstruction of lost data.
11. SERVICES AND THIRD-PARTY LINKS
Services can provide (1) information and content provided by third parties; (2) links to websites or third- party resources, as sellers of products and services; and (3) products and services of third parties for direct marketing. Necksound is not responsible for the availability of such sites or external resources, and does not backup, and is not responsible or is obliged to (i) any content, advertising, products or other materials available in such sites or resources, (ii) errors or omissions in these websites or resources or (iii) any practice of information management or other commercial practices from the operators of such sites or resources. Necksound will not be responsible or will be obliged to you or any third party for use or confidence placed on sites or resources linked. Your interactions with third parties will be ruled by the own conditions of the service and the own privacy policies of these third parties.
12. MODIFICATION AND ACCESS
12. Modification of the Services. Necksound reserves the right at any time to modify or interrupt, temporarily or permanently, the Service (or any part of this) with or without notice. Necksound is not liable to you or any third party of any modification, suspension or interruption of the services.
12.2 Access. We may, at our sole and absolute discretion, deny you the access to all or part of the Services at any time for any reason or no reason, with or without notice, even if, in our opinion, you have not followed any provision of these Conditions. We reserve the right to disable any username, password or other identifiers, whether elected or provided by us, at any time, at our sole discretion, for any reason or no reason. However, we will notify you in advance if it is reasonable to do so.
13. APPLICABLE LAW
Please note that these conditions, its content and form are governed by US law.
However, if you are a consumer and resident of any other European country, or consumer and resident of any country in APAC or the UAE, you can benefit of the mandatory provisions and legal rights available under the laws of that country. None of these conditions will affect your rights as a consumer under such provisions and mandatory local legal rights.
We both agree that the courts of the Netherlands shall have exclusive jurisdiction. However, if you are a resident of any other European country or country of APAC or UAE, it may also institute proceedings in that country.
14. GENERAL CONDITIONS
14.1 Absence of waiver. The lack of pushing you to fulfil your obligations under these conditions, not imposing our rights against you or delaying in doing so, does not mean we have given up exercising these rights and no will mean you do not have to fulfil your obligations. If we disclaim you for any error or failure on your part, we will only do it by written and this will not mean that we automatically give up our rights against any future error on your part. To contact us, see our contact page.
14.2 Divisibility. Each of the sections of these conditions works separately. If any court or relevant authority decides that any of them is illegal or unenforceable, the rest of the paragraphs will remain in full force and effect.
Miscellaneous 14.3. The titles of the sections of these Conditions are for convenience only and have no legal or contractual effect.
If you have any questions about these conditions, contact us. To contact us, see our contact page.
If you want to check information on compliance and regulations, we can help. Click here to access documents on the Declaration of Conformity for current Necksound® products.