These Terms of Use (the “Terms”) are a legal agreement between you and Bose Corporation, 100 Mountain Road, Framingham, Massachusetts, 01701, United States of America and its affiliated entities (collectively, “Bose”, “we”, “us”, and “our”). These Terms apply to all Bose websites, software, devices and associated firmware, applications, products and any other services, features, or content offered or made available by Bose (collectively, the “Services”). By accessing, using, or interacting with the Services, you are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you must stop accessing and using the Services. We may revise these Terms, at our sole discretion, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services after any such update constitutes your binding acceptance of such changes, except where applicable law requires additional notice regarding such updates, in which case we will comply with such additional notice requirements.
Certain Services may be subject to additional or separate terms and conditions. If there is a conflict between these Terms and such other terms and conditions, such other terms and conditions shall control.
1. Eligibility
2. Intellectual property
3. Licence
4. Account registration
5. User content and feedback
6. Acceptable use
7. Privacy
8. Warranties, disclaimers, and limitation of liability
9. Indemnity
10. Modification and termination
11. Notice of intellectual property infringement
12. Controlling law
13. General terms
14. Contact us
You must be over the age of majority in your jurisdiction to use the Services, unless your parent or legal guardian agrees to these Terms on your behalf and grants you permission to use the Services. If you’re agreeing to these Terms on behalf of an organisation or entity, you represent and warrant that you are authorised to do so. You cannot access or use the Services if you are barred from receiving the Services under applicable law or have previously been suspended or removed from the Services.
“Content” means all websites, software, designs, text, art, audio, video, graphics, images, music, user interfaces, works of authorship of any kind, names, logos, trademarks, service marks, and information or other materials that are posted, generated, provided or otherwise made available through the Services. The Services and Content are protected by copyright, trademark, patent, trade secret and other laws of the United States and foreign jurisdictions. Except as expressly provided in these Terms, Bose and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights.
You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying the Services or Content. Any unauthorised use of any material contained on or through the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
For a full listing of trademarks and trademark attributions of Bose and our partners, please see our Trademarks list.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access, view, and use the Services and Content, and access and use any software embedded into our products or devices, whether such software is provided by us or third parties. This licence is provided solely for your personal, non-commercial use and enjoyment of the Services as permitted in these Terms.
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Content, Services, or any portion thereof (including any third-party software), except as expressly permitted in these Terms. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licences and rights expressly granted in these Terms.
Bose may revoke this licence at any time, in its sole discretion. Upon any such revocation, you must promptly destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made in accordance with these Terms or otherwise.
You may be required to create an account to use parts of the Services. To create an account, you may need to provide a password, username, and other information such as your name and email address. You are solely responsible for keeping your information confidential. You may not transfer, sell, assign, or sublicense your account without our prior written approval. You are solely responsible for all usage or activity that occurs under your account, including, but not limited to, use of the Services by any person who uses your account, with or without authorisation. You agree to immediately notify us of any unauthorised use or any other breach of security of your account. Bose will not be liable for losses incurred as a result of an unauthorised use of your account. Information submitted by you is governed according to the Bose Privacy Policy.
5.1 User Content. You maintain sole responsibility for any Content that you submit, display, post, or otherwise make available through the Services (“User Content”), including any necessary third-party rights in the User Content. When you submit User Content, you grant Bose a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable licence to use, copy, cache, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content, in whole or in part, in any format or medium now known or hereafter devised, without compensation to you, for any purpose including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof).
We may, in our sole discretion, pre-screen User Content before its appearance on the Services, and may forbid or prevent you from posting, uploading, storing, sharing, sending, or displaying User Content to and via the Services at any time. We may, in our sole discretion, reject, move, edit, or remove any User Content that is submitted to the Services for any reason whatsoever, including without limitation User Content that violates these Terms. For further information, see the Acceptable use section below.
5.2 Feedback. We will not consider any unsolicited submission of ideas and ask that you refrain from sending them to us. If, however, you choose to still submit your ideas in any form, whether in User Content or otherwise (“Feedback”), the following terms will apply:
(a) Feedback shall be Bose’s sole and exclusive property, with no compensation to you. You hereby irrevocably assign to Bose and agree to irrevocably assign to Bose all right, title, and interest in and to all Feedback, including any intellectual property rights therein.
(b) Bose shall have no obligation of any kind with respect to Feedback and shall be free, without any compensation or credit to you of any kind, to reproduce, use, disclose, and distribute Feedback, including any ideas, concepts, know-how or techniques contained therein, on an unrestricted basis for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services incorporating the Feedback.
In order to promote a safe and positive experience, the following conduct is strictly prohibited in connection with your access to and use of the Services. Without limitation, you will not:
- abuse, defame, threaten, intimidate, stalk, harass, or harm another individual;
- advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Services to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- alter or tamper with any materials on or associated with the Services;
- attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services;
- disrupt, overwhelm, attack, modify or interfere with the Services or its associated software, hardware, or servers in any way;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services;
- impede or interfere with others’ use of the Services;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- post or share anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain passwords, account data, or any other personal or private information from any user;
- submit any content linking to multilevel marketing schemes, pyramid schemes, or off-topic content;
- submit, send, post, upload, or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters, or any other form of solicitation;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- transmit any viruses, malicious code, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- use any means to scrape or crawl any web pages contained in the Services;
- use any robots, spiders, scrapers, or any other automated means to access the Services for any purpose;
- violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
- violate any law or regulation; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
In addition to the restrictions on use provided above, the materials on or through the Services are provided with “RESTRICTED RIGHTS”. Use, duplication, or disclosure by any federal, state, or local government or authority is subject to further restrictions as set forth in applicable laws and regulations. Use of the materials by such government or authority constitutes acknowledgement of Bose’s proprietary rights in them.
For information about our data practices, including our collection and use of your information, please see our Privacy Policy. Our Privacy Policy applies to your use of the Services and is incorporated by reference into these Terms.
OTHER THAN AS EXPRESSLY PROVIDED IN WRITING BY BOSE IN CONNECTION WITH YOUR PURCHASE OF A BOSE PRODUCT OR SERVICE, THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BOSE EXPRESSLY DISCLAIMS ANY WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, BOSE DOES NOT WARRANT THAT: (i) THE SERVICES OR CONTENT ARE FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICES AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOSE MAKES NO WARRANTY THAT BOSE WILL UPDATE OR CONTINUE TO OFFER OR MAKE AVAILABLE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY PARTICULAR SOFTWARE, APPLICATION OR PRODUCT FOR ANY PARTICULAR LENGTH OF TIME, AND BOSE RESERVES THE RIGHT TO CHANGE, UPDATE AND DISCONTINUE THE SERVICES WITHOUT NOTICE TO YOU. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT REMAINS WITH YOU. TO THE FULL EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOSE OR ITS AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, DAMAGE TO ANY COMPUTER OR DEVICE, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR ANY CONTENT, OR ANY LINK OR CONNECTION PROVIDED BY THE SERVICES, WHETHER OR NOT BOSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE.
IN ANY EVENT, BOSE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OR INABILITY TO USE THE SERVICES WILL NOT EXCEED THE AMOUNT PAID FOR THE SPECIFIC PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PAID PRODUCT OR SERVICE, $100.
BOSE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICES, AND BOSE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. BOSE WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. You voluntarily assume the risk of harm or damage from the foregoing.
THE FOREGOING LIMITATIONS ARE FUNDAMENTAL AND MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BOSE AND YOU AND WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of these limitations may not apply to you. If you are located in New Jersey, United States, the limitations in this Section do apply to you.
To the full extent permitted by law, you agree to indemnify, defend, and hold Bose and its respective officers, directors, employees, shareholders, and representatives (and all successors and assigns of any of the foregoing), harmless from and against any claim or demand, including without limitation, reasonable lawyers’ fees and disbursements, in connection with or arising out of your use of the Services or Content, your connection to the Services, your exposure to Content or User Content, your violation of the Terms, your violation of an applicable law, your submission, posting, or transmission of User Content to the Services, and/or your violation of any rights of another. We reserve the right, at our own expense, to assume the exclusive defence and control of such disputes, and in any event you will co-operate with us in asserting any available defences.
10.1 Modification of services. Except where not permitted by applicable local legal requirements, Bose reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. Bose shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
10.2 Termination. We may, in our sole and absolute discretion, terminate, suspend, or otherwise deny your access to all or part of the Services at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Services, these Terms will terminate and all rights that you have to access the Services will be terminated immediately; however, certain provisions of these Terms will still apply post termination, including without limitation, and as applicable, the Mandatory Arbitration and Class Action Waiver provisions. Termination of your use or access to the Services may also include, at Bose’s sole discretion, the deletion of your account and/or User Content, and you will not be able to retrieve any information related to your account except as required by applicable law.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Bose, in appropriate circumstances, to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights and/or to remove User Content that is deemed to be infringing. Please see Bose’s Copyright Policy for further information.
These Terms and their subject matter, and any actions relating thereto, shall be construed in accordance with and governed by the laws of the Commonwealth of Massachusetts without regard to its conflicts of law principles. Except as provided in the mandatory arbitration Section 12 above, any dispute arising out of these Terms or the use of the Services shall be initiated and conducted in the state or federal courts of Middlesex County, Massachusetts, and you and Bose consent to the exclusive jurisdiction of such courts.
13.1 Force majeure. Under no circumstances will Bose be liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
13.2 No waiver. If we fail to insist that you perform any obligations under these Terms or if we do not enforce our rights against you or if we delay in doing so, that will not mean that we have waived such rights and will not mean that you do not have to comply with your obligations. If we do waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure of breach by you.
13.3 Severability. Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
13.4 Third-party beneficiaries. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
13.5 Entire agreement. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Bose, and supersede any prior and contemporaneous agreements between you and Bose on the subject matter, except as expressly provided herein.
13.6 Assignment. These Terms, and any rights or licences granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licences granted hereunder, may be assigned or delegated by Bose without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns.
13.7 Modification. These Terms may only be modified by agreement between you and an authorised signatory of Bose, specifically referencing and specifically modifying these Terms.
13.8 No agency. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms, and you shall have no right or authority to assume or create any obligations or to make any representations on behalf of Bose, or to bind Bose in any respect.
13.9 Electronic processing. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.
13.10 Headings. Headings and subheadings in these Terms are for convenience only and have no legal or contractual effect.
13.11 Survival. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.
13.12 Notices. We may deliver notice to you by email, posting a notice on the Services, or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received by post at 100 Mountain Road, Framingham, Massachusetts, 01701, United States of America.
13.13 Text messaging. By using the Services, you agree that we and those acting on our behalf may, in certain circumstances, send you text (SMS) messages at the phone number you provided us in accordance with our SMS Terms of Use.
If you have any questions about these Terms, please contact us. To contact us, please see our Contact us page.