Products
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SJ1 SeriesThe XJ2 series is BM Audio's newest addition to our extensive line-up of high caliber XJX High Clarity series of drivers. |
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Products
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WJ1 SeriesThe XJ2 series is BM Audio's newest addition to our extensive line-up of high caliber XJX High Clarity series of drivers. |
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Products
XJ1-G969T4
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XJ-1 High Power series |
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Products
XJ2-6788M3
XJ2-5655M2
XJ2-4533M2
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XJ-2 SuperAura series |
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Products
XJ1-G646T3
XJ1-G535T3
XJ1-G434T2
XJ2-7899M4
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Coaxial Full Range |
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Products
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WJ-1 TetraDome series |
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Products
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XW Upgrade series |
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Welcome to www.bmaudio.com, www.bmaudiolabs.com, www.bmboschmann.com, www.boschmann (collectively or individually hereinafter “SITE”, “WEBSITE”), all of which represent the official website(s) belonging to, and operated by BM Audio Labs, Inc., its holding companies and subsidiaries (collectively or individually hereinafter “BM AUDIO LABS”, "BM AUDIO", “we”, “our”, “us”). Our WEBSITE offers to you information and resources about BM AUDIO, such as our business, our products, our policies, our services for our business partners, other general tools and services, sale offers about BM AUDIO products as well as other related information (all such information collectively or individually hereinafter “SERVICE”, SERVICES”).
These terms and conditions of use (hereinafter "TERMS", "TERMS OF USE") govern your browsing, access, communication, data transfer, storage, participation, interaction and use of any manner (collectively hereinafter “USE”) of all services which include the offering of information, communication, events, competitions, contests, campaigns, promotions, and products (collectively hereinafter "SERVICES") by the WEBSITE. Please read the TERMS OF USE in its entirety carefully before proceeding further or using any part of our SERVICES.
By continuing with your USE of the SERVICES, or by remaining in, or proceeding further into any other areas of this WEBSITE, or by submitting any online forms provided in the WEBSITE, you warrant that you have completely read and completely and unconditionally agreed to be bound by the TERMS OF USE. By using the SERVICES you agree to be bound by these TERMS (“AGREEMENT”) together with any future revisions or additions to the TERMS that will be renewed at our discretion. If you do not agree to these TERMS OF USE, please leave the SITE now and withdraw from any USE of the SERVICES.
a) Legal Capacity of Representation. You may use the SERVICES only in compliance with these TERMS. You may use the SERVICES only if you have the legal power to form a contract with BM AUDIO and are not barred under any applicable laws from doing so. If you are using the SERVICES on behalf of an organisation then you are agreeing to these TERMS for that organization and are warranting that you have the authority to bind that organization to these TERMS. In that case "you" and "your" will refer to that organization.
b) Change or Disruption in Services. Some or all of the SERVICES may not be present or accessible over time without notice. We may modify, replace, suspend, terminate or cancel any part of the SERVICES if for any reason (including unexpected technical interference or a breach of these TERMS) it cannot conduct any part of the SERVICES as reasonably anticipated or if the SERVICES are deemed exposed to compromise. We may stop, suspend, or modify the SERVICES at any time without prior notice to you. We may also remove any content from our SERVICES at our discretion.
c) Affiliated Websites. By USING the SERVICES of this WEBSITE, our official online store www.megavox.com, other websites operated by BM AUDIO, or any social networking websites operated by BM AUDIO, you are subject to the TERMS OF USE and all applicable terms and conditions of those websites. By using any part of the WEBSITE or any websites operated by BM AUDIO to make any purchase, you unconditionally agree to follow and be bound by these the TERMS OF USE and any applicable terms and conditions of those websites.
d) Amendment to Terms and Conditions. Please review the TERMS OF USE periodically as these TERMS may change and BM AUDIO may make such revisions at any time. Every revision will be followed by an announcement. We reserve the right to modify any part of these TERMS at any time, without prior notice, and updating the amended TERMS OF USE on the WEBSITE at our discretion and timing. You are advised to read the TERMS regularly. By continuing to use the WEBSITE after those amendments have been made, you agree to all the revised TERMS OF USE.
Persons of any nationality or sex may access the WEBSITE, but none of the WEBSITE is intended for browsing by persons under the age of thirteen (13). In compliance with the Children’s Online Privacy Protection Act, we will purge any information we receive from people we believe to be children less than 13 years of age from our database and cancel the corresponding accounts. If you submit information on the WEBSITE, you represent and certify that you have the legal capacity and authority to do so, and that your use of the WEBSITE will not violate any law or regulation.
If you are at least 13 but are under the age of 18, you may only browse this WEBSITE with your parent's or guardian's consent and your parent or guardian must provide consent after having read these TERMS OF USE. If you are between the ages of 13 and 18, you represent that you have obtained your parent's or legal guardian's consent after your parent or legal guardian has reviewed and agreed to these TERMS OF USE. If you are a parent or legal guardian who has consented to the use of this WEBSITE by a person between the ages of 13 and 18, you are fully responsible for that person's use of this WEBSITE, including all financial charges and legal liability that that person may incur.
DISTRIBUTOR LOGIN SERVICE AND USER ACCOUNT REGISTRATION
TThe Distributor Zone (“ZONE”) is all the area of the SITE located inside the Distributor Login Service (“D.L.S.”) and is restricted and only open to users who qualify as authorised BM AUDIO distributors, who may either be BM AUDIO wholesalers or retailers (collectively “USERS”) whom upon successful registration with us may create an account (“ACCOUNT”) for a limited period D.L.S. membership (“MEMBERSHIP”) with a unique USER profile ("PROFILE”). To access this ZONE, you are required to first successfully create an ACCOUNT with us, which needs to be verified and approved by us as a wholesaler or retailer account. The ZONE offers classified or restricted SERVICES (“USER SERVICES”) that are designated for BM AUDIO distributors only. The terms and conditions which govern the access, viewing, downloading and uploading of information to us within the ZONE (including all BM AUDIO operated microsites and any email bulletins) are governed by the TERMS OF USE.
a) Registration for LOGIN
1.1 ACCOUNT Registration and Rights of Access:
By registering here and creating your distributor ACCOUNT, you can access restricted USER SERVICES designated for distributors only without having to register for each SERVICE separately. Rights of access (“RIGHTS”) to USER SERVICES within the ZONE may be different for USERS with different partnership type with BM AUDIO. USER SERVICES designated for availability of access to USERS who are wholesalers may not be available to USERS who are resellers or retailers. Similarly, SERVICES designated for availability of access to USERS who are retailers or resellers may not be available to USERS who are guests or end-users. BM AUDIO will grant, sub-divide or restrict RIGHTS to any USER at any time according to our discretion. If a USER SERVICE you wish to subscribe to has additional terms and conditions, those terms will apply and you will be asked to accept these separately.
1.2 Entering Information for D.L.S.:
The Distributor Login Service Panel (“Login Panel”) allows you to login to the restricted USER SERVICES of this WEBSITE as a either a distributor or guest. While using the Login Panel, you will be required to enter information, such as user name, which may be your e-mail address and password after you successfully create an ACCOUNT providing your name, a valid email address and a password. E-mail address and password are used for authentication and are for your sole use. They may not be assigned or transferred. If you choose to remember your D.L.S. information, the information may be saved in your device as cookies, and we recommend you to read our PRIVACY STATEMENT about cookies before entering any information. All ACCOUNT use and activities within the Distributor Login Service are governed by the TERMS OF USE and any applicable sub-terms found in USER SERVICES.
1.3 Safeguarding User Name and Password:
When you have been granted access to use the USER SERVICES, you may be provided with a user name and password(s) to access the ZONE. You warrant that it is your full responsibility to safeguard your user name and password. You accept responsibility for all consequences that arise from, or during the use of the USER SERVICES which occurred through access using your user name and password. You will promptly notify BM AUDIO if you become aware of any unauthorized use of your user name and password. In this respect, you will keep your account username and password safe, and will not share them with anyone who is not authorized to use it. You commit to access and use the USER SERVICES in good faith only and in accordance with these TERMS and all applicable sub-terms and law.
1.4 Criteria for MEMBERSHIP:
BM AUDIO will only issue MEMBERSHIP for applicants who have fulfilled the pre-requisite distributor conditions. You are fully and solely responsible for the complete accuracy of the information you provide to us with respect to these conditions. When you provide or post information on the registration form, you agree to provide true, accurate and current information and to promptly update us such information to keep it true, accurate and current. If you provide any information that is (or BM AUDIO reasonably believes to be) untrue or inaccurate, BM AUDIO may edit, remove or reject such information and decline your application, or suspend or terminate your access to your existing ACCOUNT at any time.
b) Administration
2.1 While registering for an ACCOUNT, you will be required to enter information, including but not limited to, first and last name, date of birth, billing and shipping address, telephone number, credit card information, a valid email address and other business or personal details. You warrant that you provide this information as accurate as possible to the best of your knowledge, and will not provide information that is false, fraudulent, misleading, or infringing upon another's rights. You also warrant that you are in no way impersonating or misrepresenting yourself by way of affiliation with any person or entity that is not related with you. If you choose, this information may be saved on the WEBSITE so that you will not have to re-enter it every time you use an ACCOUNT. ACCOUNT activities and orders are also governed by the TERMS OF USE and their sub-terms.
2.2 BM AUDIO may establish standard practices and limits regarding the use of the ZONE, including the type of content permitted, maximum number of days content is displayed, accessible or retained by BM AUDIO or the maximum number of e-mails an ACCOUNT may send or receive and the maximum disk-space allotted to each USER. BM AUDIO will have no liability for the preservation or deletion of any content or personal information maintained by the WEBSITE or otherwise provided by USER to BM AUDIO through use of the ZONE. The WEBSITE reserves the right to modify its usage and storage of content and information from time to time.
2.3 You can update your PROFILE, personal details (including your ACCOUNT and marketing preferences) by accessing your ACCOUNT at your PROFILE page and making any necessary changes; this will update your details across all SERVICES that you have subscribed to. All information entered into the PROFILE must be accurate and should represent actual information about the USER’s business and contact. BM AUDIO shall not be responsible for any errors or loss in communication, or delivery of documentation or products due to inaccurate information provided or updated in the PROFILE by distributors.
2.4 USER SERVICES related system notifications can be delivered to the USER in a number of modes, and the adequate mode will be set by the administrator of the SITE. The default delivery mode is by e-mail. Other modes that may be used are internet messaging applications, internet social networking applications, short messaging service (SMS), facsimile or surface mail. All third-party messaging service software is not provided by the WEBSITE. It is the USER’s choice to install the third-party software adopted by WEBSITE or otherwise, but BM AUDIO shall not be responsible for their installation including their fitness, defects or inoperability.
c) Termination and Expiry
3.1 In addition to any other legal or equitable remedies, BM AUDIO may, without prior notice to you, immediately terminate your ACCOUNT and your access to the USER SERVICES. In such event, we may revoke any or all of your RIGHTS granted to you. Upon any termination of USE, you shall immediately cease all access to and USE of the SITE and BM AUDIO shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and ACCOUNT identification issued to you and deny your access to and use of this SITE in whole or in part. Any termination of your USE shall not affect the respective RIGHTS and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. BM AUDIO reserves the right in its sole discretion to terminate or restrict your USE of all or any part of this WEBSITE if you breach the TERMS OF USE or sub-terms, or for any reason which BM AUDIO reserves the right not to disclose, with or without notice and without liability to you or anyone else. The clauses in these TERMS OF USE pertaining to your use of BM AUDIO's intellectual property, indemnification and limitation of liability, and other clauses elsewhere in these TERMS that expressly provide for their survival upon termination or expiration, will survive any termination or expiration, in whole or in part, of these TERMS OF USE or your license to use this SITE. If you breach these or any of our other terms and conditions we reserve the right to close your ACCOUNT. If we do so, we may close all other accounts on the SITE you have open in your name.
3.2 Your ACCOUNT is automatically given an active period of twelve (12) months from the date of issue to you. Your ACCOUNT will remain valid within this active period and you will enjoy all the privileges that are accorded with your RIGHTS. We will send you an e-mail thirty (30) days prior to the expiration date to remind you to extend your MEMBERSHIP. If we do not receive any application to extend your expired MEMBERSHIP on the final reminder, and your ACCOUNT extension has not been successfully approved, your ACCOUNT will be automatically closed and cease to be active immediately on its expiration date. As a USER, you may also choose to deactivate your ACCOUNT at any time during the active period of your ACCOUNT. To deactivate your ACCOUNT please contact memberservice@bmaudio.com.
a) Definition. USER content (“CONTENT”) refers to any information that you submit to the WEBSITE voluntarily or otherwise via any of the online forms provided in the SITE or through e-mail to us, which may include, but not limited to graphic images, digital photographs, video clips, music clips, illustrations, drawings, text, opinions or commentary. You are solely responsible and liable for the CONTENT. You warrant that you own the copyright to all such CONTENT, including the rights to post or submit them to us through the SITE. Your posting of CONTENT and acceptance/receipt of CONTENT by the SITE shall not be represented as endorsement of any part of CONTENT by BM AUDIO.
b) License. By posting, submitting or uploading CONTENT to the WEBSITE or to BM AUDIO by electronic, air or surface mail, you grant BM AUDIO a non-exclusive, non-revocable, royalty free, worldwide and perpetual right to use any part of your posted information and CONTENT in any manner or media now existing or hereafter developed, including the right to adapt, modify, edit, decompile, distribute, create derivative works, sub-license, assign, commercialize and otherwise exploit without any compensation due to submitter, including the use of any trademarks/service marks/ trade names/copyrighted material incorporated in the CONTENT, which right shall survive any termination of your license to use this WEBSITE or ability to post CONTENT hereto.
c) Copyright. You agree not to use the WEBSITE to upload, collect or display CONTENT that violates any third party rights, including intellectual property right, privacy right, copyright, trademark, patent or trade secret; nor any content which may afflict minors in any way; nor any content that is unlawful, threatening or abusive, defamatory, discrediting, harmful, mischievous, vulgar, misleading, pornographic, sexually explicit, obscene, graphically violent, or which promotes political, racism, religious extremism or hatred; nor any CONTENT which is in violation of any law or regulation, or third party restriction. You are solely responsible for your interaction with other users of this WEBSITE, whether online or offline, and BM AUDIO is not responsible for any loss or damage relating to such interaction.
d) Malware. Further, you may not upload, e-mail, supply or transmit to the WEBSITE or BM AUDIO any unsolicited advertisements or messages (spam), distributed denial of service attacks (DDOS), computer viruses, malware, worms, or malicious files or content. You may not create undue burden on servers or computing resources connected to the WEBSITE. Responsibility lies with you to ensure your CONTENT is free from corruption, damage, or infection of malicious code, computer viruses, spyware, Trojans, or other potentially harmful codes that may destabilize the SITE.
e) Integrity. Your CONTENT should include updated and accurate information, allowing for the proper and normal operation by BM AUDIO or our other affiliated sites that you upload them to. You also warrant that the information expressed, conveyed, depicted, portrayed, and contained in the CONTENT is true, accurate or current or otherwise not false, misleading, inaccurate, fraudulent, deceptive or illegal. You agree to include the CONTENT’s accuracy and completeness as well as disclosure of your CONTENT that makes you, or third party, identifiable.
f) Publicity. After you submit or post your CONTENT to the SITE, your CONTENT may be read or seen by other users of the SITE, our affiliated websites or third-party websites, or in public. You are fully aware of the risks of your CONTENT being used outside your expectations or wishes, including but not limited to CONTENT being downloaded, copied, modified, re-shared or re-distributed in other formats on other sites. BM AUDIO is not responsible for any actions or consequences that arise to the CONTENT after you submit it to the WEBSITE, our affiliated websites or any third-party websites affiliated to us.
g) Backup. BM AUDIO may not necessarily open, read, review, screen or store all CONTENT that you or other users post to the WEBSITE or our affiliated websites. We may modify or delete any CONTENT without requiring your permission or serving you notice. Submission of CONTENT constitutes your consent to allow us to store CONTENT, including your personal information on our computers. We are not obligated to backup any CONTENT we receive. CONTENT submitted to BM AUDIO through the WEBSITE or any part thereof may be lost, damaged, modified or deleted either intentionally, or unintentionally. You are solely responsible for creating backups, maintaining and protecting all your CONTENT. BM AUDIO will not be liable for any loss or corruption of your CONTENT, or for any costs or expenses associated with backing up or restoring any of your CONTENT.
You also agree to observe and follow the following CONTENT posting and submission rules:
· You will not impersonate anyone else.
· You will not post any CONTENT that includes information that is false, misleading, inaccurate, fraudulent, religious, political, deceptive or that promotes forms of commercial or illegal activity.
· You will not post your personal information or solicit any personal information from other users of the WEBSITE.
· You will not post any CONTENT or information in violation of any laws or regulations.
· You will not insult, bully or flame any other users of the WEBSITE.
· You will not post CONTENT that is that is offensive, libellous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic or sexually explicit.
· You will post only constructive information.
· You will not speculate or post rumours about BM AUDIO, BM AUDIO's products or any other user.
· You will not post CONTENT that you do not own or control all rights to. You are fully and solely responsible for all CONTENT that you post.
UNSOLICITED IDEA SUBMISSION POLICY
BM AUDIO will not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should BM AUDIO's business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas submitted or offered to us. Please do not send your unsolicited ideas to BM AUDIO or any shareholders, directors or employees at BM AUDIO. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, e-mail, letter, or other transmission may say, (1) your idea will automatically become the property of BM AUDIO, without any compensation to you; (2) BM AUDIO will have no obligation to return your idea to you or respond to you in any way; (3) BM AUDIO will have no obligation to keep your idea confidential; and (4) BM AUDIO may use your idea for any purpose whatsoever, including giving your idea to others.
Compromising the security of the Website is prohibited and may result in criminal and civil liability. BM AUDIO may investigate security-compromising activities and will contact and cooperate with law enforcement if a crime has possibly occurred. By way of illustration, BM AUDIO deems the following activity as attempts to compromise the security of the WEBSITE: unauthorized access to the ZONE, unauthorized access to information on BM AUDIO's server computer or systems such as probes, scans, or vulnerability tests of the WEBSITE, bypass or circumvention of the WEBSITE's authentication measures, interfering with SERVICES to any end user, interfering with or tampering with the WEBSITE's host computer or network facilitating any connection with or to the WEBSITE, sending unsolicited e-mails, such as promotions or advertisements for products or services to BM AUDIO or any of the users of this WEBSITE, attempts to overload BM AUDIO's host computer or network, altering or cloning packet headers, e-mail headers or message headers. You agree not to use any device, software or other means to interfere or attempt to interfere with the proper working of this WEBSITE or any activity being conducted hereon. You also agree 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 WEBSITE, except the search engine and search agents made available by BM AUDIO on this WEBSITE or other generally available third party web browsers (e.g., Safari, Microsoft Internet Explorer, Google Chrome, or Mozilla Firefox).
TECHNICAL FILES, FIRMWARE AND THIRD PARTY SOFTWARE
The SITE may provide technical documents, inventory reports, product catalogues, client software package and product software updates (collectively hereinafter “SOFTWARE”) which may be downloaded for viewing or application on the specified BM AUDIO product(s). Any SOFTWARE available for download via the SITE is the copyrighted work of BM AUDIO and/or its licensors.
a) EULA. Use of such SOFTWARE is governed by the terms of the provided End User License Agreement (“EULA”) that accompanies or is included with the SOFTWARE. Downloading, installing, and/or using any such SOFTWARE indicates your acceptance of the terms of the EULA. SOFTWARE may only be copied for personal and non-commercial use on the specified BM AUDIO products only. With this limited authorization, you agree that any copy of the documents downloaded from this WEBSITE shall retain all copyrights and trademarks.
b) Personal Use. All SOFTWARE restricted to personal use only. Product software updates can be used only by the owner of the specified and applicable BM AUDIO product. You are not allowed to copy, redistribute, license or sub-license product software updates. If you do not own the aforementioned BM AUDIO product, then you are not allowed to download, install, copy or use product software updates. BM Audio only grants you a limited, non-exclusive, non-transferable, revocable license to use the update files for use on genuine BM AUDIO products only. Your license to use SOFTWARE is automatically revoked if you violate these TERMS in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these TERMS. You must not reverse engineer or decompile such software, nor attempt to do so, nor assist anyone else to do so.
c) Update. Product firmware updates may first be notified to you before their installation. We will continue to incorporate prior notification or request before every update. However, depending on the version of the software, some of our SERVICES may inevitably update existing SOFTWARE on your connected device automatically without notice when a newer or updated version is available. Your use of any SOFTWARE shall constitute your acknowledgment and acceptance of this. BM AUDIO is not responsible for the fitness, accuracy, content and availability of any SOFTWARE updated.
d) Warranty. The Support services of the SITE only provides download as a service to users and does not provide warranty of any kind for its SOFTWARE. The SITE cannot and does not guarantee or warrant that SOFTWARE available for downloading through the SITE will be free of infection by software viruses or corruption by other harmful computer code, files or programs. You agree that your use of the SOFTWARE and any services relating to the SOFTWARE is entirely at your own risk. BM AUDIO shall not be responsible for any direct, indirect, incidental or consequential loss or inaccuracy resulting from the use of the SOFTWARE or inability to access and use them.
e) Export. You acknowledge that items made available on this WEBSITE may include technology or SOFTWARE that is subject to customs and export control laws and regulations. By purchasing, downloading or using technology or SOFTWARE from this WEBSITE, you agree to comply with all applicable laws and regulations, including the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you shall not transfer the SOFTWARE or technology to a foreign national or a foreign destination in violation of such laws, rules and regulations.
INTELLECTUAL PROPERTY AND LICENSE RESTRICTIONS
All information including code, images, drawings, graphics, text, logos, metadata, meta tags, page format and style, phrases, impressions, music clips, video clips, product descriptions, product reviews, renderings, text and trademarks, the compilation of all of the foregoing and all intellectual property rights and goodwill associated therewith (collectively hereinafter "PROPERTY") is owned by BM AUDIO (or used by it under license from third parties), and BM AUDIO reserves all rights in and to the PROPERTY. Except as expressly granted to you under these TERMS OF USE, BM AUDIO does not grant you any right, title or interest in or to any part of the PROPERTY. You will not copy, reproduce, publish, distribute, transmit, disseminate, display, exhibit, edit, modify, create derivative works from, or exploit in any way, any part of the PROPERTY. You will not frame or utilize framing techniques to enclose any BM AUDIO trademark, logo, or other proprietary information. You will not use any meta tags or any other "hidden text" utilizing BM AUDIO's name or trademarks. You will not delete, remove or otherwise alter any copyright, trademark or other proprietary notice appearing in or on the PROPERTY. You will not take any action to jeopardize, limit or interfere in any manner with BM AUDIO's rights in and to the PROPERTY. You agree not to portray BM AUDIO, its products or this WEBSITE in a false, misleading, derogatory or otherwise offensive manner. BM AUDIO reserves the sole and exclusive right at its discretion to assert claims against third parties for infringement or misappropriation of its intellectual property rights in the PROPERTY. This WEBSITE may contain intellectual property owned or licensed by third parties. All restrictions set forth in these TERMS OF USE equally apply to any part of property owned or licensed by third parties. All PROPERTY located in the ZONE provided by the MEMBER SERVICE is the property of BM AUDIO. PROPERTY that is not designated for download is for personal or non-commercial use and viewing only. Where MEMBERS, who are active authorized BM AUDIO distributors, are given permission to download specific documents or images from the ZONE through their valid ACCOUNT(s), they are only permitted to do so for their business or sales purposes of BM AUDIO products only. The PROPERTY downloaded from the ZONE cannot be altered or edited in any way without permission granted by BM AUDIO prior to their use. You will not (or assist, allow or direct any third person to): (i) extract, separate, remove or otherwise copy any part of the PROPERTY; (ii) disassemble, decompile, reverse engineer or otherwise convert any part of the PROPERTY to source code or a human-perceivable form; (iii) adapt, modify or create a derivative work of any part of the PROPERTY; (iv) distribute, encumber, lease, rent, sell, transmit, transfer, or otherwise dispose of the PROPERTY, in whole or in part; or (v) use the PROPERTY for any purpose other than what is expressly allowed in these TERMS OF USE.
COMPETITION, GIVEAWAYS AND SPONSORSHIPS
Individuals may be offered the opportunity as end-users to participate in contests, competitions, promotion events and lucky draws (collectively hereinafter “EVENTS”) organized by the SITE where they are offered the chance to compete to win prizes or win gifts from lucky draws. Eligible person(s) who have met the eligibility criteria of such events or activities sponsored by BM AUDIO are eligible to apply. MEMBERS may be invited to accept special offers including special pricing offers by participating in commercial programs, marketing campaigns, or discount sale of certain of its products (collectively hereinafter “SPECIALS”) on this WEBSITE.
a) Pre-requisites. In exchange, you acknowledge that some of these EVENTS and SPECIALS may first require you to meet specified pre-requisite conditions which may include making certain minimum purchases of our products, registering your BM AUDIO product, completing a specified task(s), submitting suitable CONTENT, providing certain information required or other criteria specified by each activity. You have the right to exercise the option of opting out of such EVENTS and SPECIALS if you cannot meet, or do not agree to those pre-requisite conditions. EVENTS and SPECIALS are governed by the TERMS OF USE and sub-terms that apply.
b) Termination of Eligibility. You agree that BM AUDIO may, with or without cause, terminate your eligibility to participate in our organized EVENTS or SPECIALS without prior notice to you. Without limiting the foregoing, we reserve the right to terminate your participation based upon our knowledge, belief, or suspicion of any (a) breach or violation of the terms and conditions of each EVENT or SPECIAL, or these TERMS OF USE or other incorporated agreements, (b) request to do so by law enforcement or other government agencies, (c) unexpected technical issues or problems. You agree that all terminations shall be at our sole discretion and that we shall not be liable to you nor any third-party for any termination of your access to the EVENTS or SPECIALS.
Our Privacy Statement describes our privacy policy on the collection and use of information on this WEBSITE. You are advised to read our Privacy Statement prior to any use of this WEBSITE. Our Privacy Statement will be governed by these TERMS OF USE.
You agree that by using this WEBSITE, it may become possible that you may encounter CONTENT or PROPERTY that you may deem offensive, indecent, defamatory or objectionable where others may not. You agree to use this WEBSITE at your sole risk, and that BM AUDIO shall have no liability to you for CONTENT or PROPERTY that you may deem offensive, indecent, defamatory or objectionable. In the event any objectionable content or information appears on the WEBSITE, please notify BM AUDIO in writing of the objectionable CONTENT or PROPERTY. BM AUDIO will make a good-faith effort to investigate all allegations of objectionable CONTENT or PROPERTY that violates the TERMS OF USE, but BM AUDIO does not undertake, represent or warrant that any action will be taken to resolve the complaint relating thereto.
This WEBSITE may link to other websites owned or operated by third parties, or otherwise allow you to access your ACCOUNT through third party social networking or similar websites or software applications. BM AUDIO has no control over these third party websites or applications and shall have no liability for such websites or applications. Any references to any third party names, marks, products or services, or hyperlinks to third party sites or material are provided to you solely for convenience, and do not imply any affiliation, sponsorship or endorsement by BM AUDIO. BM AUDIO has no responsibility whatsoever for any content, practices, policies or acts of or by such third parties, nor does BM AUDIO make any warranties or representations whatsoever regarding such third party content, practices, policies or acts.
If you would like to link to the SITE, you must follow BM AUDIO’s link guidelines. If you do not have expressed official permission from BM AUDIO, you may not create any links, or make any references anywhere in your own domain or website to the SITE. Unless specifically authorized by BM AUDIO, you may not connect "deep links" to the SITE, i.e, create links to this SITE that bypass the home page or other parts of the SITE. You may not mirror or frame the home page or any other pages of this SITE on any other website or webpage.
BM AUDIO designs and offers our audio products information for purchase through the official wholesale website www.megavox.com and other authorized distribution channels. QC international (HK) Limited processes all payment and order information for wholesale or retail purchases made through the official wholesale website; all payment transactions are governed by and subject to such third-party’s terms of use. We do not process any payment information on or directly through the WEBSITE. All purchase orders for product placed by you through this or BM AUDIO’s official wholesale website www.megavox.com are subject to BM AUDIO's acceptance and the availability of product or as otherwise provided by law. BM AUDIO reserves the right to refuse to accept or cancel any purchase order (or any portion thereof) at any time without any reason and without liability to you or anyone else. All purchase orders for products are subject to BM AUDIO's Terms of Sale provided in each offer and, in the event of any conflict between these TERMS OF USE and the Terms of Sale, the Terms of Sale shall prevail. If BM Audio refuses to accept or cancels your purchase order (or any portion thereof) after your payment method has been charged or otherwise received by BM AUDIO, BM AUDIO will, at its option and sole discretion, either reverse the corresponding payment method or issue you a refund. You agree to fully pay for all orders made through your account on this or BM AUDIO’s official wholesale website www.megavox.com . BM AUDIO or its subsidiary QC International (HK) Limited may charge your credit card, debit card or other method of payment previously authorized for any unpaid items purchased through this website or www.megavox.com and any other charges accruing to your account. BM Audio may, from time to time, make items available on pre-order, and by pre-ordering products, you authorize BM AUDIO to automatically charge your account when the item becomes available and ships to you.
Nothing in this website shall be deemed as an offer to sell products binding upon BM AUDIO. While we strive to provide accurate and current information on this WEBSITE, pricing, clerical, typographical or similar errors may occur on this website at any time. Browsing this SITE through a desktop computer or mobile device may result in inaccurate or outdated information. BM AUDIO cannot confirm the price of an item until that item is made available for shipping In the event that an incorrect price is posted for an item, BM AUDIO may, at its discretion, elect to either exercise its order cancellation rights as set forth in these TERMS OF USE, or contact you to determine if you wish to proceed with your order for the item at the correct price. Our online prices may vary from brick-and-mortar retail prices for the same items. BM AUDIO does not price match for any items made available through this WEBSITE.
BM AUDIO strives to post accurate product descriptions. Nevertheless, we do not represent or warrant that product descriptions or other content on this WEBSITE are accurate, complete, reliable, current, or error-free. BM Audio may, at any time, in its sole discretion and without notice, limit the quantity of items purchased per person, per account, per credit/debit card, per household or per order. Risk of loss and title to items purchased through this WEBSITE or our affiliated websites shall pass on to the purchaser upon our delivery of such item to the carrier.
By ordering products from BM AUDIO's distributors or other authorized third party sellers through this WEBSITE, you acknowledge that such orders shall be fulfilled by such third party sellers and not BM AUDIO, and BM AUDIO shall have no responsibility for the processing, fulfilment, shipping, returns or customer service relating to those orders In the event of any conflict between these TERMS OF USE and any conflicting terms or conditions applied by our distributors or other authorized third party sellers, then these TERMS OF USE will prevail (including those terms relating to ownership of SITE CONTENT, our license to your comments or posted CONTENT, rules on your conduct on this WEBSITE, disclaimers and limitations on liability), except only with respect to product return policies, customer service issues, shipping and delivery issues, payment and credit terms, and other Terms of Sale, which shall be governed by BM AUDIO's distributor's or third party seller's terms of use and terms of sale. To the fullest extent possible, conflicting terms between these TERMS OF USE and BM AUDIO's distributor's or third party seller's terms of use and terms of sale shall be interpreted to allow for the preservation of BM AUDIO's and such distributor's or third party seller's rights and remedies against users of this WEBSITE.
TYPOGRAPHICAL ERRORS AND OBSOLESCENCE
While we strive to provide accurate product, location and pricing information, pricing or typographical errors may occur. BM AUDIO, its holding companies and/or any subsidiaries of such holding companies endeavour to ensure the accuracy and reliability of the information provided in the SITE but do not guarantee its accuracy or reliability and accepts no liability (whether in tort or contract or otherwise) for any loss or damage arising from any inaccuracies or omissions. BM AUDIO cannot guarantee that all information contained in the WEBSITE or provided by us are always free from typographical errors or changes that occur after that information was last created and received by you. It is also not possible to always confirm the price of an item will not change until the receipt of the first payment from you for you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in typing, pricing or obsolescence of information, we will have the right, at our sole discretion, to correct, ignore, refuse or cancel any previously committed processes including the shipment of orders placed for that item. In the event that an item is mispriced, BM AUDIO may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. You agree that we, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, CONTENT, or use of this SITE. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, this Site or any other hyper-linked Website.
The TERMS OF USE shall be enforced at the sole discretion of BM AUDIO. BM AUDIO may issue warnings, suspend or terminate USE or access to the WEBSITE, edit user-posted CONTENT, prosecute or institute legal proceedings for any violation of these TERMS OF USE. BM AUDIO’s refusal or failure to enforce any right or provision of these TERMS OF USE will not constitute a waiver of such right or provision. These TERMS OF USE shall not be modified by our trade practice or our course of dealing with you. BM AUDIO may at any time assign its rights and duties under these TERMS OF USE to any party without any notice to any party If any right or provision is deemed unlawful or void, then the provision will be deemed severable from these TERMS OF USE and will not affect the validity or enforceability of the remaining terms. These TERMS will be governed by and construed under the laws of the State of Delaware, U.S.A. or Hong Kong Special Administrative Region, without regard to choice of law provisions, and not by the U.N. Convention on contracts for the international sale of goods. Any dispute or claim by you relating in any way to your visit to or use of any part of this WEBSITE or any CONTENT or PROPERTY found therein, to any products offered or sold through this WEBSITE, or to the interpretation of these TERMS OF USE, will be resolved by private conference, rather than in court. You agree that any dispute resolution proceeding relating in any way to your visit to or use of any part of this WEBSITE or any CONTENT or PROPERTY found therein, to any products offered or sold through this WEBSITE, or to the interpretation of these TERMS OF USE will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you agree to waive any right to a jury trial, arbitration, tribunal and you agree not to bring any legal proceedings against BM AUDIO and you waive all defenses with respect to venue and jurisdiction in the state and federal courts located in Delaware, U.S.A., including lack of personal jurisdiction and forum non conveniens. For the avoidance of doubt, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You agree to indemnify, defend, and hold harmless BM AUDIO, its parent company, shareholders, officers, directors, employees, agents, licensors, distributors, affiliates and suppliers from and against any and all claims, losses, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your use of this WEBSITE, including without limitation any CONTENT posted or otherwise created by you. This obligation will survive the termination or modification of these TERMS OF USE, or of your right to use this WEBSITE.
THIS WEBSITE, ANY WIDGETS, AND THE INFORMATION, PROPERTY AND CONTENT PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES FOR THEIR FITNESS OR ACCURACY OF ANY KIND. EXCEPT AS PROHIBITED, AND TO THE FULLEST EXTENT ALLOWED, BY LAW, BM AUDIO DISCLAIMS ALL WARRANTIES OF EVERY KIND INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BM AUDIO DOES NOT REPRESENT NOR WARRANT THAT THE WEBSITE OR ANY PART THEREOF, INCLUDING WIDGETS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT ANY PART OF THIS WEBSITE OR WIDGETS, OR THE SERVER THAT MAKES ANY PART OF THIS WEBSITE AVAILABLE ARE FREE OF DEFECT OR FREE FROM ANY VIRUSES OR SECURITY COMPROMISING MECHANISMS. BM AUDIO DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION, CODE OR CONTENT PROVIDED BY THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, TRUTHFULNESS, USEFULNESS, RELIABILITY OR OTHERWISE.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BM AUDIO OR ITS PARENT COMPANY OR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, DIRECTORS, AFFILIATES, SUPPLIERS OR DISTRIBUTORS ("RELEASED PARTIES") BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR COMPUTER MALFUNCTION) THAT RELATE TO THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE PERFORMANCE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST ANY OF THE RELEASED PARTIES FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE SITE. HOWEVER, IF ANY OF THE RELEASED PARTIES ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, OR YOUR PURCHASE OF ANY ITEM THROUGH THIS WEBSITE, SUCH RELEASED PARTIES' LIABILITY WILL NOT EXCEED U.S. DOLLARS ONE HUNDRED ($100.00) IN THE AGGREGATE YOU AGREE TO FILE ANY CLAIM OR CAUSE OF ACTION YOU MAY BELIEVE YOU HAVE RELATING TO THIS WEBSITE (INCLUDING THE PURCHASE OF GOODS THROUGH THIS WEBSITE OR BM AUDIO’S OFFICIAL WHOLESALE WEBSITE WWW.MEGAVOX.COM) WITHIN THREE (3) MONTHS FROM WHEN SUCH CLAIM OR CAUSE OF ACTION ARISES.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
These TERMS and your USE of this WEBSITE is first governed by the laws of the Hong Kong Special Administrative Region, and then by the laws of the State of Delaware, except for its conflicts of law principles, without regard to conflicts of law provisions; all claims and actions against users in the United States for breach of these Terms of Use will be brought by BM AUDIO in the appropriate state or county court located in New Castle County Courthouse, Wilmington; and, you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action brought by BM AUDIO. All claims arising out of or relating to these TERMS or the SERVICES outside the Hong Kong Special Administrative Region and United States shall be litigated in the courts of the country or state where the breach of TERMS occurred, and liaised through our distributors, partners, or subsidiary companies there.
In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or USE of the SITE or SERVICES, and/or the provision of CONTENT, SERVICES, and/or technology on or through the SITE or SERVICES, BM AUDIO or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to BM AUDIO by email to info@bmaudio.com AND by Registered Mail to Proline Industries (HK) Limited, 1212 Block A, New Trade Plaza, 6 On Ping Street, New Territories, Hong Kong. To the extent that BM AUDIO has your contact information, it will send any such notice to you by Mail or to your email address. BM AUDIO and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within sixty (60) days from the date that any notice of dispute, claim, or controversy is sent. BM AUDIO and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. If after 60 days BM AUDIO does not deem the dispute or issue has been resolved, BM AUDIO and you agree to commit to direct mediation, and not legal action to resolve the dispute. Notwithstanding the foregoing, the 60-day negotiation period and direct mediation required by this paragraph shall not apply, however, to disputes, claims or controversies raised by BM AUDIO concerning your infringement or violation of BM AUDIO agreements, policies, patents, copyrights, moral rights, trademarks, trade secrets and BM AUDIO’s claims for losses to our business as a result of your failure to settle due payments for BM AUDIO invoices, including losses caused by piracy, defamation or unauthorized use of the SITE or SERVICES.
BM AUDIO and you agree that BM AUDIO and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these TERMS OF USE in connection with the SITE or SERVICES will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You further agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these TERMS or in connection with the SITE or SERVICES.
If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will be subject to arbitration or similar process selected and determined by BM AUDIO.
The terms of this provision will also apply to any claims asserted by you against any parent, subsidiary, or affiliated company of BM AUDIO to the extent that any such claims arise out of your access to, and/or USE of the SITE or SERVICES, and/or the CONTENT, SERVICES, and/or technology on or through the SITE or SERVICES.
These TERMS constitute the entire and exclusive agreement between you and BM AUDIO with respect to the SERVICES, and supersede and replace any other agreements, terms and conditions applicable to the SERVICES. These TERMS create no third party beneficiary rights. BM AUDIO's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the TERMS will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these TERMS, and any such attempt is void, but BM AUDIO may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the SERVICES. BM AUDIO and you are not legal partners or agents; instead, our relationship is that of independent contractors.
AirPlay, Apple, Apple TV, iMac, iPad, iPhone, iPod, iPod classic, iPod nano, iPod shuffle, iPod touch, iTunes, Mac, MacBook, MacBook Pro and Safari are registered trademarks of Apple Inc.
Android is a trademark of Google Inc.
All other products, company names, brand names, trademarks and logos are the property of their respective owners. Any references to any third party names, marks, products or services, or hyperlinks to third party sites or material are provided to you solely for convenience, and do not imply any affiliation, sponsorship or endorsement by or of BM AUDIO or its products.
If you have any questions about these TERMS OF USE, contact legal@bmaudio.com
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