Welcome to Beats Headphones®!
By accessing or using our website, mobile applications, or any other services provided by Beats Headphones®, you agree to be bound by these Terms of Service and all terms incorporated herein by reference. It is important that you read and understand these terms and conditions, as they form a binding legal agreement between you and Beats Headphones®.
Key Points
- You must be at least 13 years old to use our services. Minors between the ages of 13 and 18 require parental consent to use our services.
- We grant you a limited, revocable, non-exclusive, non-transferable license to use our services for your own personal use. You may not sublicense, transfer, or assign your rights.
- You are responsible for maintaining the confidentiality of your account credentials and restricting access to your devices. You agree to accept responsibility for all activities that occur under your account.
- We reserve the right to modify or discontinue any portion of our services at any time and for any reason.
- Your use of our services is at your own risk. We provide our services on an “as is” basis without warranties of any kind.
- We are not liable for any indirect, incidental, special, consequential or punitive damages arising from your use of our services.
- You agree to indemnify and hold us harmless from any claims or damages arising from your breach of these terms.
- We reserve the right to make changes to these Terms of Service at any time. Your continued use indicates agreement to the changes.
By using our services, you confirm that you accept our Terms of Service in full. If you disagree with any part of these terms, do not access or use our services.
1. Introduction
1.1. These Terms of Service (“Terms”) form a binding contract between you and Beats Headphones® (“Beats Headphones”, “we”, “our”, or “us”) regarding your use of our websites, mobile applications, and related products and services (collectively, our “Services”).
1.2. By accessing or using any part of our Services, you unconditionally agree and accept to be legally bound by these Terms, including any additional guidelines and future modifications. If you do not agree to these Terms, you do not have permission to use our Services.
1.3. These Terms apply to all visitors, users, members, and others who access or use our Services (“you”, “your”).
1.4. We may amend these Terms at any time by posting the updated Terms on our website. Amended Terms are effective immediately upon posting. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes. You should frequently review the current Terms to ensure you understand the terms and conditions that apply to your use of our Services.
1.5. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck from the Terms and the remaining provisions shall be enforced.
2. Service Eligibility
2.1. To access or use our Services, you must be at least 13 years of age.
2.2. If you are under the age of 18, or the age of majority where you reside, you cannot use our Services without the consent of your parent or legal guardian.
2.3. You may only use our Services if permitted under applicable laws in your jurisdiction. You represent that you have the legal authority to enter into these Terms in your jurisdiction.
2.4. We reserve the right to limit, suspend, or terminate your access to and use of our Services if you fail to comply with these Terms, with or without notice to you.
3. Account Access and Security
3.1. To access certain features and functions of our Services, you may be required to register for an account. When you register for an account, you agree to:
a) Provide accurate, current, and complete information as prompted by our registration form
b) Maintain and promptly update any registration information to keep it accurate, current, and complete
c) Maintain the security of your password and restrict access to your account and devices
d) Accept full responsibility for all activities that occur under your account
e) Immediately notify us of any unauthorized use of your account or other security breach
3.2. We reserve the right to disable any username, password, or other identifier that may be used to access your account, at any time in our sole discretion for any or no reason.
4. Intellectual Property Rights
4.1. Our Services and all content featured or displayed including, but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software is the property of Beats Headphones, our affiliates, partners or licensors and is protected by United States and international copyright and other intellectual property laws.
4.2. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use our Services for your own personal use. You shall not sublicense, transfer, assign, copy, modify, distribute, duplicate, reproduce, publish, license, scrape, resell, exploit, create derivative works based on, or appropriate our Services or content without our express written permission.
4.3. You must not copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on our Services or its contents in whole or in part, except as expressly authorized herein.
4.4. Any unauthorized use of our Services or content is prohibited and violates copyright, trademark and other laws.
5. User Content
5.1. Our Services may allow you and other users to upload, submit, or otherwise transmit content including, but not limited to, text, images, videos, reviews and comments (“User Content”).
5.2. You retain ownership and responsibility for any User Content you submit or transmit through our Services. However, by submitting or transmitting User Content, you grant us a worldwide, royalty-free, non-exclusive, sublicensable, perpetual, and transferable license to use, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display or otherwise exploit such User Content in any form, medium or technology.
5.3. You represent and warrant that:
a) You own or have the necessary licenses and rights to use and authorize us to use any copyrights, trademarks or other proprietary rights in and to any User Content.
b) Your User Content and our use thereof does not and will not infringe or violate the rights of any third party.
c) You are entirely responsible for your User Content and compliance with applicable laws.
d) You will not submit or transmit any false, inaccurate, misleading, abusive, harassing, pornographic, threatening, hateful or otherwise objectionable material of any kind.
e) You will not submit or transmit any User Content that encourages or promotes illegal activity or violates third-party rights.
5.4. We do not guarantee the accuracy, quality, or integrity of any User Content transmitted by users. We have no obligation to monitor or remove any User Content. However, we reserve the right to review, monitor, edit, delete, remove, disable access to, or restrict distribution of any User Content at any time and for any reason.
6. Acceptable Use Policy
6.1. Your use of our Services must comply with applicable laws, regulations and these Terms.
6.2. You agree not to:
a) Upload, transmit or distribute any User Content that violates any third-party rights, is unlawful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, racist, promotes violence, promotes discrimination or illegal activity.
b) Impersonate or misrepresent your affiliation with any entity, commit fraud, falsify information, engage in unauthorized scraping or harvesting, or manipulate identifiers for any purpose.
c) Engage in disruptive, deceptive, or unlawful behavior such as spamming, phishing, spreading malware or viruses, or using bots or scripts for improper purposes.
d) Attempt to gain unauthorized access to our Services, computer systems or networks.
e) Use any data mining or similar data gathering and extraction methods in connection with our Services.
f) Violate the security or integrity of any network, computer or communications system, software application, or network or computing device.
6.3. We reserve the right, but have no obligation, to monitor all use of our Services and to remove or block any User Content at any time for any reason. This includes the right to terminate your access to our Services at any time.
7. Third-Party Content and Links
7.1. Our Services may feature, link to, or offer materials, information, products or services from third parties (“Third-Party Materials”).
7.2. We provide Third-Party Materials only as a convenience. The inclusion or featuring of any Third-Party Materials does not imply our endorsement, approval, or warranty of such materials or third party.
7.3. We are not responsible for Third-Party Materials including the accuracy, validity, legality, copyright compliance, or decency of such materials. We shall not be responsible or liable for any advertising, products or services available from such third parties.
7.4. Your use of or interactions with any Third-Party Materials and any third party that provides Third-Party Materials are solely between you and such third parties, and we are not responsible or liable in any manner for such use or interactions.
7.5. If you decide to access, transact or otherwise interact with any such Third-Party Materials, you do so at your own risk and you should read the terms and conditions and privacy policies applicable to such third-party materials.
8. Disclaimers and Limitation of Liability
8.1. OUR SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
8.2. WE DISCLAIM ALL WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO OUR SERVICES AND CONTENT.
8.3. BEATS HEADPHONES DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES, CONTENT OR FUNCTIONS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. INFORMATION ON OUR WEBSITE IS PROVIDED FOR GENERAL INFORMATION ONLY.
8.4. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR DATA RESULTING FROM YOUR USE OF OUR SERVICES.
8.5. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
8.6. IN NO EVENT SHALL BEATS HEADPHONES, OUR AFFILIATES, PARTNERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS OR USE OF OUR SERVICES OR CONTENT.
8.7. THE TOTAL CUMULATIVE LIABILITY OF BEATS HEADPHONES AND ALL OF ITS AFFILIATES, PARTNERS AND LICENSORS FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
8.8. CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
9. Indemnification
9.1. You agree to defend, indemnify and hold harmless Beats Headphones®, our affiliates, partners, officers, directors, employees, consultants and agents from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from:
a) Your use or misuse of our Services
b) Your violation of these Terms
c) Your violation, misappropriation or infringement of any rights of another user or third party
d) Your violation of any applicable laws or regulations
9.2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
9.3. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. Privacy Policy
10.1. Please read our Privacy Policy to understand our privacy practices regarding the collection, use and disclosure of your personal information when you use our Services.
10.2. Our Privacy Policy is incorporated by reference into these Terms. By using our Services, you agree to the terms of our Privacy Policy.
11. Modifications and Termination
11.1. We reserve the right to modify, change, amend, suspend or discontinue any aspect of our Services at any time. Updated versions of our Services may have different features, bugs, errors and risks. We are not liable for any modification, suspension or termination of our Services.
11.2. We may terminate or restrict your use of our Services if we determine that you have violated these Terms or that the use of our Services by you is illegal or harmful to us, users, or others.
11.3. Upon termination, expiration or discontinuation of our Services, these Terms shall terminate, except for provisions that by their express terms survive termination. Termination will not affect our rights or your obligations arising under these Terms prior to termination.
12. Governing Law and Jurisdiction
12.1. These Terms and any dispute or claim arising out of or related to these Terms or their subject matter shall be governed by and construed in accordance with the laws of the State of California without giving effect to any conflict of laws principles that may require the application of the laws of another jurisdiction.
12.2. Any legal disputes or claims relating to these Terms or our Services shall be subject to the exclusive jurisdiction of the state and federal courts in Los Angeles County, California. You hereby submit to personal jurisdiction and waive any jurisdictional or venue defenses otherwise available.
13. General Provisions
13.1. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity or enforceability of the remaining provisions of these Terms.
13.2. Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.
13.3. Beats Headphones shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control.
13.4. These Terms shall inure to the benefit of our successors, assigns and licensees. You may not assign, sublicense or transfer any rights granted to you hereunder.
13.5. The section titles and headings in these Terms are for convenience only and have no legal or contractual effect.
13.6. These Terms set forth the entire agreement between you and Beats Headphones regarding the subject matter hereof and supersede all prior agreements.
If you have any questions about these Terms, please contact us at:
Beats Headphones®
123 Main St.
Los Angeles, CA 90001
Email: support@beats-headphones.com
