STEREOCAP TERMS OF USE
Last modification: Friday 22 February 2020

These conditions of use ("Conditions") constitute a contractual document between you and SAS Stereocap ("Stereocap", "us" or "our / our"). These Conditions apply to all Stereocap websites, mobile applications and other online or interactive services offered in European countries, the United Arab Emirates (“UAE”) and in East Asian countries. , South and Southeast, and Oceania ("APAC"), or including a link to these Terms (jointly referred to as the "Services").
By accepting these Conditions, you acknowledge that they govern your use of the Services. In case of refusal of these Conditions, you must stop using or accessing the Services. The purchase of Stereocap products or services is subject to separate General Conditions of Sale, which are available on the pages relating to Policies relating to Services. If a separate End User License Agreement ("EULA") also applies to the Services you use and conflicts with these Terms, the provisions of the EULA will prevail.
We may need to modify these Conditions to take into account the evolution of the Services, the needs of our users, our business priorities or laws and regulations. We will give you sufficient notice in the event of a material revision of the Terms, in accordance with applicable legal requirements. Whenever you wish to use the Services, we invite you to consult these Conditions to ensure that you understand the provisions in force. The date above this section indicates when the Terms of Service were last updated.

1. INFORMATION ABOUT OUR COMPANY

SAS Stereocap is a company registered in France (SIRET n ° 830 827 739 00012) whose head office is 7 rue Castellane 75008 Paris, France. This address also constitutes our main business address. Stereocap is a simplified share company. To contact us, please refer to the page provided for this purpose.

2. ELIGIBILITY AND SCOPE

To use the Services, you must be of legal age and confirm it (18 years or more, or the legal age in your jurisdiction, or at least 13 years if you have obtained the consent of your parents) and able to accept these Conditions. If you accept these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to accept these Terms on behalf of that organization or entity and to bind it to these Terms (in this case, references to "you" and "your / yours" in these Terms, except for this phrase, refer to that organization or entity). If Stereocap has previously prohibited you from accessing or using the Services, you are not authorized to access or use these Services.

3. REGISTRATION AND USE OF YOUR ACCOUNT

3.1Registration and confidentiality of your account.

 

You may be asked to create an account to use the Services. If applicable, you will need during the registration process to choose a username and password, and then provide us with additional information. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your username and password. We assume that all communications we receive through your account have been published by you.

3.2 Unauthorized account use.

 

If you become aware of any unauthorized use or access to your account, it is your responsibility to notify us. To contact us, refer to the page provided for this purpose. You agree that you will be asked to provide certain information that may confirm your identity and help ensure the security of your account.

4. OUR PROPERTY RIGHTS

The Services are owned and operated by Stereocap and contain documents (including all software, designs, texts, information texts, editorial materials, photos, illustrations, audio / video sequences, graphics and other graphic documents, names, logos, trademarks and service marks) which are derived in whole or in part from media provided by Stereocap and its partners, as well as from other sources, and protected by intellectual property laws.
You agree to submit to all applicable intellectual property laws. You acknowledge that the Services have been developed, compiled, prepared, revised, selected and organized by Stereocap and others through the application of methods and standards of judgment developed and whose application requires a lot of time, effort, and money, and constitutes valuable intellectual property of Stereocap and the other parties concerned.

You agree to immediately notify Stereocap if you become aware of any claim that the Services infringe an intellectual property right. No right, title or interest relating to our Services, or the content of our Services, is transferred to you; all rights expressly granted are reserved by Stereocap. You are not authorized to use signs, logos, names of products and services, designs, slogans or brands owned by Stereocap without prior authorization.
If you print, copy or download all or part of our Services in violation of these Terms, your right to use our Services will immediately cease and you will, at our discretion, return or destroy all copies made of the items concerned.

5. USER CONTENT AND CONTRIBUTIONS

5.1 User content and publications.

 

The Services may allow you to send, publish, download or make available (hereinafter collectively referred to as “Publish” and “Publication”) content such as video footage, photographs, reviews, questions, comments, public messages, ideas, remarks about products and other content (hereinafter collectively referred to as "User Content") which may or may not be visible to other users. Any document, information or idea which is transmitted to us or which is published by any means whatsoever will be considered as not being confidential. By writing a Publication relating to one of our Services, you in fact grant us a non-exclusive right to use this Publication at our sole discretion. You acknowledge that a Publication must in no case come under prohibited behavior (as defined below) and agree to indemnify us in accordance with applicable laws for damage resulting from prohibited behavior of which you are the cause.

5.2 User Content Declarations.

 

You acknowledge and agree that all User Content that you Post is your sole responsibility. In addition, you acknowledge that you have all the rights necessary to Publish such User Content while respecting the rights of third parties. You acknowledge that Stereocap has no control over and is not responsible for User Content. In connection with the use of the Services, you may be exposed to User Content from other users which may be offensive, indecent, inaccurate, misleading or otherwise objectionable. Please also note that User Content may contain typos or other careless errors or inaccuracies. We reserve the right, at our own expense, to assume control of any dispute related to User Content that you post, and in any event, you agree to cooperate with us in the resolution of any dispute or to us help assert any possible defense.

5.3 User Content Review.

 

You acknowledge and agree that Stereocap may or may not, in its sole discretion, filter User Content before it appears on the Services, without having any obligation to do so. In addition, you acknowledge and agree that Stereocap reserves the right (without having to do so), in its sole discretion, to refuse, move, modify or delete any User Content that feeds the Services. In addition, Stereocap reserves the right, in its sole discretion, to remove any User Content that violates these Terms or is otherwise objectionable. You acknowledge and agree that Stereocap does not verify, adopt, ratify, or sanction any User Content, and agree that you must assess and bear all risks associated with your use of User Content or your confidence in its accuracy, the completeness or usefulness of User Content.

5.4 User contributions.

 

Stereocap has demonstrated an exceptional commitment to research. The search for new technologies, their integration into products, as well as the development of marketing strategies for our products can take several years. For example, our UnderCap and InfiniCustom technologies have been studied for many years by our research and development department before being integrated into commercial products and presented to the public. We would like to clear up any misunderstanding that might arise if a Stereocap product or a business strategy were similar, albeit slight, to an idea submitted to Stereocap during the development process, or if the functionality of a product may seem related to observations that were sent to us by customers. Stereocap and all of its employees agree not to accept or consider unsolicited marketing ideas or projects, including about non-patented technologies. We also do not pay, in cash or in the form of products, for unsolicited presentation of product ideas or customer feedback on product features and functions. If, despite everything, you share this information with us, you agree that it will be considered non-confidential, and that Stereocap is free to use this information for any useful purpose, including, without limitation, for the development, manufacturing and promotion of products using this information.

6. PROHIBITED BEHAVIOR

The use of the Services for illegal purposes, or for any other purpose not expressly authorized in these Conditions, is strictly prohibited. Without any limitation, you will not be able to carry out the following operations (hereinafter collectively referred to as “Prohibited behavior”):

  • publish User Content (1) constituting harassment, aggression or threat towards another person, or of an obscene nature; (2) proving to be false, misleading or inaccurate; (3) demeaning or discriminating against third parties on the grounds of sex, race, class, ethnicity, nationality, religion, sexual orientation, disability or any other classification; (4) being indecent, offensive, violent, hateful, provocative, illegal, harmful, criminal, defamatory, slanderous, harassing or intrusive in the privacy of others; (5) promoting sexual or pornographic content, acts of violence or illegal; (6) coming against the rights of third parties or containing elements likely to lead to civil or criminal proceedings in accordance with the laws and regulations in force or which would be in contradiction with these Conditions; or (7) giving the impression that it comes from, or is endorsed by Us or any other person or entity despite the reality;

  • use the Services commercially, for comparison purposes, or to compile data for a product or service;

  • copy, download (other than by caching the page necessary for personal use, unless these Conditions expressly give you the right to do so), modify, distribute, publish, transmit, display, execute, reproduce, distribute, display mirror, duplicate, republish, load, license, reverse engineer, exploit to create derivative works or sell any content or any other information appearing on or obtained via the Services, by any means whatsoever, except as provided contrary to these Conditions or with the prior written consent of Stereocap;

  • capture, access, monitor, index, frame, link or copy content or information on the Services by accessing it automatically, using a robot, spider, scraper, indexing robot, or by through any method other than manual access to parts of the Services publicly available via a browser or access to the Services via APIs approved by Stereocap;

  • violate restrictions in the robot exclusion files of the Services, if any, or circumvent or avoid other measures taken to prevent or limit access to the Services;

  • publish materials that promote illegal activities or deal with illegal activities with the intention of committing them;

  • publish or make available any material that contains software, a device, instructions, computer code, files, programs and / or other content or functions designed to interrupt, destroy, hinder or limit the functionality of any software , computer hardware or telecommunications equipment (including, but not limited to, time bomb, virus, malware, software blocking, worm, self-destruct and extraction devices, malware, Trojan horse, trap door, "neutralization", "locking", "measurement" device, or any malicious code);

  • publish or do anything that could disable, overload or alter the proper functioning of the Services;

  • post material that prevents or prohibits communication, or that disrupts user discussion;

  • publish, use or make available any intellectual property of another party, unless you have the right to do so, or delete or modify any copyright, trademark or other proprietary notices contained in the Services;

  • publish any trade secret or other confidential information, or a medium that you do not have the right to make available by virtue of a law or contractual or other relations, in particular, without limitation, internal, exclusive information and confidential obtained or disclosed in the context of employment relationships or non-disclosure agreements;

  • incorrectly or inaccurately indicating your affiliation with a person or entity, or masquerading as a person or entity in such a way that this does not constitute a travesty;

  • solicit personal or sensitive information from other users, including, but not limited to, address, credit card or bank account information, or passwords;

  • send spam or other announcements or solicitations, surveys, content, pyramid schemes; promote business entities; or otherwise engage in any commercial activity within or through the Services;

  • frame, "inline linking", or similarly display the Services or any part of the Services;

  • enter into violation of these Conditions, our General Conditions of Sale, or any directive or policy published by Stereocap;

  • encourage violations of these Terms or our Privacy Policy; and or

  • interfere with the use and privileges of a third party in connection with the Services.
     

7. LEGAL COMPLIANCE

You acknowledge and agree that Stereocap may have access to, store and disclose your data and / or User Content that you submit or make available on the Services, if required by law or if Stereocap considers in good faith that accessing, storing or disclosing it is in accordance with Stereocap's Privacy Policy, or if it is reasonably necessary or appropriate for one of the following reasons: (1) to comply with a procedure or a judicial request; (2) to enforce these Terms, Our Privacy Policy or other contractual commitments entered into with you, including as part of an investigation for a potential breach of these commitments; (3) to respond to any claim that User Content violates the rights of others; (4) to respond to your requests in the context of customer service; and / or (5) to protect the rights, property or personal safety of Bose, its agents and subsidiaries, its users and / or the public.

This includes exchanging information with other businesses and organizations, including for fraud prevention, spam, malware prevention, and similar purposes.

8. CONFIDENTIALITY

To learn more about how we collect, use and share data collected from and about you, please refer to our Privacy policy.

9. LIMITATION OF LIABILITY

If We do not comply with these Terms, We will be responsible for any loss or damage to which you may be a victim as a result of a breach of these Terms or negligence on our part; However, we cannot be held responsible for any unforeseeable damage or loss. Loss and damage are considered to be foreseeable if they are an obvious consequence of a violation on our part. Stereocap only provides the Services for domestic and private use. You agree not to use the Services for commercial or resale purposes, and acknowledge that We cannot be held responsible for lost profits, lost sales, business interruptions or lost business opportunities. We do not in any way exclude or limit our responsibility towards you in cases where this would prove to be unlawful. This includes Our liability for death or personal injury due to our negligence or that of Our employees, representatives or subcontractors, in the event of fraud or fraudulent declaration, and in the event of violation of your rights with regard to the Services.

Data presented on or through the Services is made available for informational purposes only. We cannot confirm the accuracy, completeness or usefulness of this data. Confidence in this information is your own responsibility.

 

10. VIRUS

You understand that we do not guarantee and cannot guarantee that neither the files available for download on the Internet nor our Services do not contain viruses or other malicious code. You are therefore responsible for implementing the necessary procedures and checkpoints adapted to your specific needs in terms of antivirus protection and integrity of data inputs and outputs, but also to provide a separate data recovery mechanism of our Services.

11. THIRD PARTY LINKS AND SERVICES

The Services may make available (1) information and content provided by third parties, (2) links to websites or resources of third parties, such as suppliers of goods and services, and (3) products and services third parties that are offered to you directly for sale. Stereocap is not responsible for the availability of these external sites or resources, does not endorse them and is not responsible (I) for the content, advertisements, products and other media made available via such websites or resources, (II) errors or omissions in these websites or resources, or (III) information processing practices or other business practices of the operators of these websites or resources. Stereocap cannot be held liable to you or to any third party for the use of links to, or the trust placed in, linked websites or resources. Your interactions with these third parties will be governed by their own terms of service and privacy policy, and any other similar terms.

12. MODIFICATION AND ACCESS

12.1 Modification of Services.

 

Stereocap reserves the right at any time to modify or suspend, temporarily or permanently, the Services (or a part of them), with or without notice. Stereocap cannot be held liable to you or any other third party for the consequences resulting from any modification, suspension or interruption of service.

12.2 Access.

 

We may, in our sole and absolute discretion, deny you access to all or part of the Services at any time, for any reason whatsoever, with or without notice, including if we believe that you have not respected the 'one of the provisions of these Conditions. We reserve the right to deactivate any username, password or other identifier, whether chosen by you or provided by Stereocap, at any time for any reason and at our sole discretion. However, you will be notified of such a decision beforehand as far as possible.

13. JURISDICTION

Please note that these Conditions, as well as their object and their elaboration, are governed by the law of the Netherlands. However, if you are a customer and resident in any other European country, you can benefit from any mandatory provision and any right recognized in accordance with the legislation of this country. The same applies if you are a client or resident of an APAC or UAE country. Nothing in these Terms affects your rights as a consumer to rely on local laws and mandatory provisions in your country.
Like us, you recognize that the Dutch courts will have exclusive jurisdiction. However, if you are a resident of any other European country, an APAC country or the UAE, you may also be able to take any necessary legal action in your country.

 

14. TERMS AND CONDITIONS

14.1 No waiver.

 

If We do not ask you to comply with your obligations under these Conditions, or if We do not assert Our rights against you or if We delay in asserting these rights, this can in no way be interpreted as a waiver of Our rights or permission not to comply with your obligations. If We choose not to assert Our rights in respect of a breach or violation by you, We will do so only in writing and this does not imply that We will automatically renounce to assert Our rights in the future in the event breach or violation on your part. To contact Us, please refer to the page provided for this purpose.

14.2 Divisibility.

 

Each of the paragraphs of these Conditions is independent of the others. If a court or competent authority judges one of them to be unlawful or unenforceable, the other paragraphs will remain fully in force and enforceable.

14.3 Various.

 

The section titles in these Conditions are provided for illustrative purposes only and have no legal or contractual effect.

15. QUESTIONS

If you have any questions about these Terms, please contact us. To do this, refer to the page provided for this purpose.
For any regulatory and compliance information, please don't hesitate to contact us. Click on the link for a list of documents relating to the declaration of conformity for current Stereocap® products.

16. TRADEMARKS AND ATTRIBUTIONS

The images presented in our automotive section are protected by copyright belonging to PhotosToGo, Inc.
Airplay, Apple, the Apple logo, iPad, iPhone, iPod, iPod classic, iPod nano, iPod shuffle, iPod touch, iTunes, Lightning and Mac are trademarks of Apple Inc., registered in the U.S. and other countries other countries. App Store is a service mark of Apple Inc. The trademark "iPhone" is used under license from Aiphone K.K.
Amazon, Amazon Music, Kindle, Fire, and all associated logos are trademarks of Amazon, Inc., or its affiliates.
Android, Google, Google Assistant, Google Play and the Google Play logo are trademarks of Google Inc. The Android robot is reproduced or modified from works created and shared by Google and used in accordance with the terms described in the Creative Commons license - Attribution 3.0.
BlackBerry, BlackBerry Compatible and associated marks are the property of Research In Motion Limited (RIM) and are registered trademarks and / or used in the United States and other countries. They are used under license. RIM is not responsible for the sale or use of these products, nor for their compliance with safety standards and regulations.
The Bluetooth® word mark and logo are registered trademarks of Bluetooth SIG, Inc. and their use by SAS Stereocap is subject to a license agreement.
Wi-Fi is a registered trademark of Wi-Fi Alliance®. The Wi-Fi CERTIFIED ™ logo is a certification mark of the Wi-Fi Alliance®.

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