TERMS & CONDITIONS
Welcome to soundboks.com.au, the website of SOUNDBOKS ApS Australia(“SoundBoks,” “we,” or “us”).
“Terms & Conditions for the webshop” (section II) govern the purchase of products on our webshop. The terms apply to all purchases made on the webshop by consumers for their private use. They do not apply to purchases made by businesses or for commercial use.
The terms are downloadable in PDF.
Conflicting or deviating terms and conditions only apply if SoundBoks has expressly agreed to them in writing.
1. USE OF OUR SITE
This Site Agreement is a contract between you and SoundBoks. You must read and agree to these terms before using the Site. If you do not agree, you may not use the Site. You may use the Site only if you can form a binding contract with SoundBoks, and only in compliance with this Site Agreement and all applicable laws and regulations.
Any use or access to the Site by anyone under 16 years is strictly prohibited and in violation of this Site Agreement.
The Site is not available to any Users previously removed from the Site by SoundBoks.
B. Access to the Site
Subject to the terms and conditions of this Site Agreement, you are hereby granted a non-exclusive, non-transferable, non-sublicensable, freely revocable license to use the Site for your personal, non-commercial use only and as permitted by the features of the Site.
Soundboks reserves all rights not expressly granted herein in the Site and the SoundBoks Content (as defined below).
SoundBoks may terminate this license at any time for any reason or no reason.
C. SoundBoks Accounts
Your SoundBoks account may give you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account.
You must notify Soundboks immediately of any breach of security or unauthorized use of your account that you become aware of.
Soundboks will not be liable for any losses caused by any unauthorized use of your account.
D. Site Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to the SoundBoks servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that SoundBoks grants the operators of public search engines revocable permission to use spiders to copy publically available materials from our websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (v) taking any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site; (vii) collecting or harvesting any personally identifiable information, including account names, from the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Site; (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or (xii) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.
We may, without prior notice, change the Site; stop providing the Site or features of the Site, to you or to Users generally; or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination, you violate any provision of this Site Agreement or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Site Agreement.
You are solely responsible for your interactions with other SoundBoks Users. We reserve the right but have no obligation, to monitor disputes between you and other Users.
Soundboks shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2. OUR PROPRIETARY RIGHTS
The Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User content belonging to other Users (the “SoundBoks Content”), and all intellectual property rights related thereto, are the exclusive property of SoundBoks and its licensors. Except as explicitly provided herein, nothing in this Site Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any SoundBoks Content. Use of the SoundBoks Content for any purpose not expressly permitted by this Site Agreement is strictly prohibited.
You may submit comments or ideas about the Site, including without limitation about how to improve the Site or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place SoundBoks under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, SoundBoks does not waive any rights to use similar or related ideas previously known to SoundBoks, or developed by its employees, or obtained from sources other than you.
SoundBoks cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
4. THIRD-PARTY LINKS AND INFORMATION
Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that SoundBoks shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless SoundBoks and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any term of this Site Agreement; (ii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iii) your violation of any applicable law, rule or regulation; (iv) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; or (v) any other party’s access and use of the Site with your unique username, password or other appropriate security code. This does not apply if you are not responsible for the facts that caused the indemnity according to (i) to (v) above.
The Site is provided free of charge and on an “as is” and “as available” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, SoundBoks does not warrant that the content on the Site is accurate, reliable or correct; that the Site will meet your requirements; that the Site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. We shall only be liable for any defects of the Site and content on the Site where we have fraudulently concealed the defect and/or where we have assumed a respective guarantee.
7. LIMITATION OF LIABILITY
To the extent not explicitly stated otherwise in sec. 6, we are liable only in cases of intent and gross negligence and in all other cases subject to statutory mandatory liability, in each case according to the statutory regulations. In all other respects, our liability is excluded. Where our liability is restricted or excluded according to the provisions above, this shall also apply to the personal liability of our statutory representatives, employees and vicarious agents as well as for direct damages, indirect damages and subsequent damages (e.g. loss of data, damage to your hardware or software, disruption of operations, loss of profit).
For the avoidance of doubt, the above limitations of liability shall only apply to your use of the Site in general but not to the Webshop, which is governed by separate terms and conditions (see Section II.).