Last Revised November 3, 2016
When used herein, the term "Bose", “us”, and “we” refers to Bose Corporation.
Permitted and Restricted Uses
Bose allows you to use this User Forum and all content on this User Forum for personal and noncommercial use only. As long as you comply with this Agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the User Forum. Except for the licenses and rights expressly granted in this Agreement, no other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Bose or its affiliates or licensors. You must be 18 years of age to use this User Forum.
Bose may revoke permission to use this User Forum and any content or services provided on or through this User Forum at any time for any reason. You agree not to use this User Forum or any information you obtain from this User Forum:
- In connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited commercial messages.
- To advertise, or offer to sell or buy any goods or services for any purpose.
- To harvest or collect personally identifiable information about others.
- To threaten, harass, or intimidate others.
- To misrepresent your identity or affiliation with any person or entity.
- To otherwise engage in unlawful or inappropriate conduct.
- To use, copy, adapt, modify, create derivative works, license, sell, transfer, publicly display, perform, transmit, broadcast, or exploit the User Forum, Submissions, Bose Submissions, or Bose Content, except as expressly permitted.
- To display, mirror, or frame the User Forum or any individual element within the website.
- To access or tamper with non-public areas of the User Forum or the systems.
- To conduct vulnerability testing of Bose’s computer systems.
- To breach any security measures.
- To circumvent any technological measures.
- To access the site through unauthorized connections.
- To use robots or similar tools for data mining or automated data submission.
The information and materials displayed on or contained within this User Forum, including all software, designs, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork, other graphic materials, and works of authorship of any kind (“Bose Content”), and names, logos, trademarks, and service marks, are the property of Bose or its affiliates or licensors and are protected by copyright, trademark, patent, and other intellectual property laws. Nothing on this User Forum or in this Agreement shall be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, trademark, patent, or other intellectual property right of Bose or any other person or entity. You agree that you will not remove, change, or obscure any copyright, trademark, or proprietary rights notices incorporated in the User Forum.
Accounts and Registered Users
In order to access the User Forum, you will need to become a registered user by creating an account. By registering your account, you agree that:
- You will provide accurate information as part of the registration process.
- You are solely responsible for all activities that occur under your account, username, and password, whether or not you authorize the activity (except to the extent that activities occur because someone gains access to our system without using your identifiers and password).
- You are solely responsible for maintaining the confidentiality of your username and password so that others may not access any password protected portion of the User Forum using your username or password.
- You will immediately notify Bose of any unauthorized use of your account, username, or password.
The User Forum is intended to be a place for Bose Hearphones users to find information and post questions, comments, information, and materials regarding the Bose Hearphones. When you provide such information or other submissions ("Submissions"), you understand that each Submission is your sole responsibility. All Submissions provided on this User Forum shall be deemed to be non-confidential and non-proprietary.
Bose does not prescreen any Submissions on this User Forum, and Bose is not responsible for any Submission made available by any user. Bose reserves the right, but does not have the obligation, to edit or remove any Submissions. Bose may remove any Submission at any time and for any reason. Boes does not have an obligation to respond to complaints or investigate complaints. Bose disclaims (i) any warranty that it will edit, remove, or continue to display any Submission and (ii) any liability for editing, removing, or continuing to display any Submission.
Ownership of User Submissions
You retain all rights to any Submission posted to the User Forum; Bose does not claim ownership of any Submissions made by users. By making a Submission, however, you agree to grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, disclose, modify, adapt, create derivative works from, and publicly perform or display such Submission on the User Forum or through any other means.
By providing a Submission on this User Forum, you represent and warrant the following:
- You own or otherwise control all of the rights in and to the Submission.
- The Submission does not violate, or encourage the violation of, any applicable law or regulation.
- The Submission does not infringe, misappropriate, or violate the copyright, trademark, trade secret, or other intellectual property or proprietary rights of others.
- The Submission is not fraudulent, false, inaccurate, or misleading.
- The Submission is not defamatory, obscene, pornographic, vulgar, or offensive.
- The Submission will not promote discrimination, bigotry, racism, hatred, harassment, or harm.
- The Submission is not confidential or proprietary.
Bose Right to Use Feedback
If you submit any ideas, suggestions, or recommendations regarding our products, technologies, or services in your Submission or otherwise (“Feedback”), you agree to grant Bose a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, disclose, modify, adapt, create derivative works from, and publicly perform or display the Feedback without paying you any compensation and without any further obligations or restrictions. Bose may use any such Feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such Feedback.
Bose maintains an exceptionally strong commitment to research. Researching new technologies, incorporating the new technologies into products, and developing marketing strategies for our products may take several years. For example, the technologies embodied in our acoustic waveguide speaker technology and our active noise reduction headsets and headphones were in research and product development for many years before being introduced to the public. We wish to avoid misunderstandings that could arise if a Bose product or marketing strategy bears even a superficial resemblance to an idea that was submitted to Bose during the development process. Bose or any of its employees do not accept or consider unsolicited ideas, including unpatented technologies, or marketing plans. Nor do we provide any compensation, in either cash or product, for unsolicited product ideas.
Bose may periodically participate in the User Forum. Any Bose employee that participates in the User Forum will use an identifiable username, such as jsmith-at-Bose. Any information provided by Bose or a Bose employee is offered “as-is” without warranties of any kind.
Changes to Bose Products or Services
Bose may change or discontinue, temporarily or permanently, any feature or component of the User Forum at any time without notice. Bose is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the User Forum.
Links to other websites
Certain links within the User Forum may take you to websites not owned or maintained by Bose. Bose provides such links for your convenience only, and is not responsible for the content of any third-party site. We urge you to read the terms and conditions and privacy policies of these third-party websites. They may contain terms and conditions, privacy, and security provisions that differ from this User Forum. Since Bose does not own or maintain these third-party websites, we assume no responsibility for the accuracy, validity, or legality of any materials or information they contain, and we are not responsible for the information they collect or how it is used.
Use at Your Own Risk
You understand that the views expressed on this User Forum by users are not endorsed by Bose. Submissions posted by users on the User Forum do not reflect the opinions or ideals of Bose, nor is Bose responsible for the accuracy of Submissions posted by users of the User Forum. By using the User Forum, you may be exposed to Submissions from other users that are offensive, indecent, inaccurate, misleading, or otherwise objectionable. All information on the User Forum is provided “as-is,” and Bose makes no endorsements, representation, or warranty of any kind about any Bose Content, Bose Submissions, Submissions, information, services, recommendations, or the truthfulness, timeliness, quality, or accuracy of any of the foregoing.
Disclaimer of Warranty
THIS USER FORUM AND ANY SUBMISSION, CONTENT, INFORMATION, AND SERVICES PROVIDED ON OR ACCESSIBLE FROM THIS USER FORUM, ARE PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, BOSE DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL BOSE OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER 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, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THIS USER FORUM OR ANY SUBMISSION, CONTENT, INFORMATION, OR SERVICES ON OR ACCESSIBLE FROM THIS USER FORUM, OR ANY LINK PROVIDED ON THIS USER FORUM, WHETHER OR NOT BOSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless Bose and its officers, directors, employees, and agents against all actions and claims (including reasonable attorneys’ fees) arising from your Submissions that you have posted to, or your acts or omissions in connection with, this User Forum. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you.
Noncompliance with These Terms and Conditions
If at any time, in the sole discretion of Bose, you fail to comply with any provision of this Agreement, Bose reserves the right to deny you access or use of this website, delete your Submissions or information related to your user account, suspend or deactivate your account, and to otherwise pursue recourse against you to the full extent of the law. Upon any failure by you to comply with any provision of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from this User Forum, as well as all copies of such materials, whether made in accordance with this Agreement or otherwise.
Amendments and Termination
Bose may amend or terminate this Agreement at any time without notice. Bose will post any changes to this Agreement on this User Forum. Your continued use of this User Forum after any such changes constitutes your acceptance of the changed Agreement.
Any provision of these terms and conditions that by its nature is reasonably intended to survive beyond termination of these terms and conditions shall survive.
This is the entire agreement between you and Bose relating to the use of this User Forum. This Agreement shall be construed in accordance with and governed by the laws of the Commonwealth of Massachusetts notwithstanding its conflicts of law principles. You and Bose expressly agree to exclude application of the United Nations Convention on Contracts for the International Sale of Goods or any local implementation of such convention. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the enforceability of the remaining provisions. Any dispute arising out of this Agreement or the use of this User Forum 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.
BOSE is a registered trademark, and Hearphones is a trademark, of Bose Corporation. The Bluetooth® word mark is a registered trademark owned by Bluetooth SIG, Inc. and any use of such mark by Bose Corporation is under license. Other service marks, trademarks, and trade names referred to on this site are the property of their respective owners.