Terms of Use

 

Harman International Industries, Incorporated
(“Harman”)

Terms of Use


Last Modified: 04-29-18
 

 

These Terms of Use (“Terms”) apply to your access and use of the services, applications, products, or websites associated with these Terms (collectively “Services”), which are owned and operated by Harman International Industries, Incorporated or its affiliates. These Terms are important and affect your legal rights, so please read them carefully. By accessing and using the Services, you agree to be bound by these Terms and any terms incorporated herein by reference, including our Privacy Statement and Terms of Sale. If you do not agree to these Terms, you may not access or use the Services.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Services on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.

Privacy

We respect the privacy of our users.  The information we collect through the Services is subject to our Privacy Statement.  Please refer to our Privacy Statement which explains how we collect, use, and disclose your information. 

Additional Terms

Certain features of the Services, such as certain mobile applications, additional services, promotions, and offers, may be subject to additional terms and conditions (“Additional Terms”) presented in conjunction with them. We may present Additional Terms to you through the Services. Regardless of how they are presented to you, we require that you agree to Additional Terms before using these features of the Services.  Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, you will not have access to the aspect of the Services to which they relate. These Terms and Additional Terms apply equally. If, however, any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail but only for the service(s) to which the Additional Terms apply.

All purchases through the Services or other transactions for the sale of goods formed through the Services or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms. 

Changes to the Terms of Use  

We may revise and update these Terms from time to time in our sole discretion. We will notify you when we make changes to these Terms and give you the opportunity to review before continuing to use the Services.  All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. You agree that we will not be liable to you for any change or discontinuance, in whole or in part, of the Terms, or the Services.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Services so that you are aware of any changes, as they are binding on you. You further agree to review these Terms periodically and to make yourself aware of these changes.

Key Definitions

Harman Content” means all content, features and functionality (including but not limited to all information, code, content, drawings, graphics, metadata, meta tags, marking information, page format and style, pictures, phrases, product descriptions, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, the compilation of all of the foregoing and all intellectual property rights and goodwill associated therewith) available through the Services, or otherwise provided to you by or on our behalf through the Services. Harman Content excludes Personal Data.

Personal Data” is any information that can be used to identify you, either alone or in combination with other information. Personal Data does not include aggregate information or other anonymized information (including metadata) collected by us that cannot be used to identify you, even if such information was derived from your Personal Data.

Your Content” is the information, comments, photos, images, video, data, text, and other content that you may post, upload, store, share, send or display on the Services.

Eligibility

The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of at least 18 years of age. 

Accessing the Services and Account Security  

We may withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if all or any part of the Services is unavailable at any time, or for any time period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Services.
  • Ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.

To access the Services or some of the resources they offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by these Terms, and you consent to all actions we take with respect to your information consistent with these Terms.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We may disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our sole discretion, you have violated any provision of these Terms.

Intellectual Property Rights  

Harman International Industries, Incorporated (and its licensors) owns all Services and Harman Content, protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  We reserve all rights in and to the Harman Content.  Except as expressly granted to you under these Terms, we do not grant you any right, title or interest in or to any part of the Harman Content.

You will not copy, reproduce, publish, distribute, transmit, disseminate, display, exhibit, edit, modify, and create derivative works from, or exploit in any way, any part of the Harman Content. You will not frame or utilize framing techniques to enclose our trademark, logo, or other proprietary information. You will not use any meta tags or any other "hidden text" utilizing our name or trademarks. You will not delete, remove or otherwise alter any copyright, trademark or other proprietary notice appearing in or on the Harman Content. You will not take any action to jeopardize, limit or interfere in any manner with our rights in and to the Harman Content. You agree not to portray us, our products or the Services in a false, misleading, derogatory or otherwise offensive manner. We reserve the sole and exclusive right at our discretion to assert claims against third parties for infringement or misappropriation of our intellectual property rights in the Harman Content. The Services may contain Harman Content owned or licensed by third parties.  All restrictions set forth in these Terms equally apply to all Harman Content owned or licensed by third parties.

Our name, the terms, logos, trademarks, and all related names, logos, product and service names, designs and slogans are our trademarks (or our affiliates or licensors’ trademarks). You must not use such marks without our prior written permission.  All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

Grant of License

Subject to the restrictions in these Terms, you may use the Services for your personal, non-commercial use. You will not, nor will you assist or direct any third person to: (i) extract, separate, remove or otherwise copy the Harman Content; (ii) disassemble, decompile, reverse engineer or otherwise convert any part of the Harman Content to source code or a human-perceivable form; (iii) adapt, modify or create a derivative work of the Harman Content; (iv) distribute, encumber, lease, rent, sell, transmit, transfer, or otherwise dispose of the Harman Content, in whole or in part; or (v) use the Harman Content for any other purpose.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and we reserve all rights not expressly granted. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.  

Prohibited Uses

You must use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or our users or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  • Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

Your Content  

The Services may allow you to post, submit, publish, display or transmit to other users (collectively, “post”) Your Content on or through the Services. You agree to observe and follow the following posting rules:

  • Do not post any content that includes information that is false, misleading, inaccurate, fraudulent, and deceptive or that promotes illegal activity.
  • Do not solicit any Personal Data from other users of the Services.
  • Do not post any content or information in violation of any laws.
  • Do not insult or flame any other users of the Services. Do not post content that is offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic or sexually explicit.
  • Post only constructive information. Do not speculate or post rumors about us, our products or any other person or entity.
  • Do not post information that you do not own or control all rights thereto. You are responsible for all content that you post.

Your Content that you post to the Services is considered non-confidential and non-proprietary. By posting Your Content to the Services, you grant us and our affiliates, our third-party service providers, and our retail partners and any person acting on our or their behalf (collectively and including us, the “Licensed Parties”) a perpetual, non-exclusive, non-revocable, royalty-free, fully paid-up, worldwide right to adapt, modify, create derivative works, display, distribute, disclose, sublicense, assign, use, and commercialize Your Content in any manner and in any media without obligations to you. Your use of the Services constitutes your consent to allow us to use and store Your Content.

If Your Content contains Personal Data, we will treat such Personal Data in accordance with our Privacy Policy.

You hereby represent and warrant that (i) you own all rights in and to Your Content, (ii) you have permission from all person(s) appearing in Your Content to grant the rights granted herein; (iii) you are over the age of 18, and (iv) the Licensed Parties’ use of Your Content as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold the Licensed Parties harmless from any liability related in any way to the Licensed Parties’ use of Your Content.

You understand and acknowledge that you are responsible for Your Content, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We cannot and do not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in these Terms.

Social Media Posting  

By posting and uploading content to social media sites that you have tagged with our brands and hashtags, you are allowing us to search for your hashtagged postings (“Social Media Posting”).  We may contact you directly, either publicly or privately, through the social media platform on which the Social Media Posting was located and request your permission to use the Social Media Posting. If you grant us permission as outlined in the request we make, then you grant the Licensed Parties the same right and make the same representations and warranties to the Social Medial Posting as you would with Your Content. You hereby release, discharge and agree to hold the Licensed Parties harmless from any liability related in any way to the Licensed Parties’ use of your Social Media Posting.

Our use of your Personal Data from your Social Media Posting will comply with our Privacy Policy.

Monitoring and Enforcement; Termination  

We may:

  • Remove or refuse to post Your Content for any or no reason in our sole discretion.
  • Take any action with respect to Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for us.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms. 

Without limiting the foregoing, we may fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF OUR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.   

Reliance on Information Posted  

The information, including Harman Content, presented on or through the Services is made available solely for general information purposes.

We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Services  

We may update the content on the Services, including Harman Content, from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.  

Linking to the Services and Social Media Features  

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Services may provide certain social media features that enable you to:  

  • Link from your own or certain third-party sites to certain content on the Services.
  • Send e-mails or other communications with certain content, or links to certain content, on the Services.
  • Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party sites.

You may use these features solely as we have provided and solely with respect to the content that these features are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any site that is not owned by you.
  • Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Services other than the homepage.
  • Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms.

The Services from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We may withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Services  

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such third party sites.

Geographic Restrictions  

We are based in Connecticut, United States with teams in different parts of the world. We make no claims that the Services or any Harman Content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you understand that any data, including Personal Data that you transmit to us or we collect from you will be collected from and stored in either the United States or wherever our teams are located.

Our Usage and Storage of Information

We may establish standard practices and limits regarding the use of the Services, including the type of user-posted content permitted on the Services, maximum number of days user-created content is displayed, accessible or retained by us or the maximum number of e-mails an account may send or receive and the maximum disk-space allotted to each end user. We  have no liability for the preservation or deletion of any content maintained by the Services or otherwise provided by you to us through use of the Services. We may modify the usage and storage of content and information from time to time, in accordance with applicable law.

Disclaimer of Warranties  

YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. EXCEPT AS PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

The information presented on or through the Services is made available solely for general information purposes. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other users of the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability  

IN NO EVENT WILL WE, OUR AFFILIATES OR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SITES LINKED TO IT, HARMAN CONTENT OR CONTENT OF OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  HOWEVER, IF WE ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR HARMAN CONTENT, OUR LIABILITY WILL NOT EXCEED $100.00 USD.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification  

You agree to defend, indemnify and hold harmless us, our parent company, shareholders, affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, Your Content, any use of Harman Content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Services. This obligation will survive the termination or modification of these Terms.

Governing Law and Jurisdiction 

These Terms of Use are governed by, and construed in accordance with, the laws of the State of New York without regard to any conflicts of law rules. Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by arbitration in accordance with the Arbitration Rules of the American Arbitration Association and conducted by an arbitrator selected by the parties concerned in the arbitration. The seat of the arbitration will be in the Borough of Manhattan, New York.  The award of the arbitrator will be final and binding. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived. Each party retains the right to seek judicial assistance: (a) to compel arbitration; (b) to obtain interim measures of protection pending arbitration; and (c) to enforce any decision of the arbitrators, including the final arbitral award. The prevailing party in the arbitration is entitled to receive reimbursement of its reasonable expenses, including attorney’s fees, incurred in connection therewith.

No Class Actions

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

Limitation on Time to File Claims  

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability  

Our failure to enforce or exercise any of these terms is not a waiver of that section. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.

Entire Agreement  

These Terms, Privacy Policy, Terms of Sale and any Additional Terms constitute the sole and entire agreement between you and us with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Notice of Infringement Claims

If you believe that your work has been improperly copied and posted to the Services, please provide us with your name, address, telephone number, e-mail address, a physical or electronic rendering of your signature, a description of your copyrighted work, a description of the location of your copyrighted work on the Services and a statement by you made under penalty of perjury that the above information is accurate and that you are the copyright owner or otherwise authorized to act on behalf of the copyright owner.

Your Comments and Concerns  

You may notify us in writing of any objectionable content. We will make a good-faith effort to investigate all allegations of objectionable content that violates the Terms but we do not represent or warrant that we will take any action relating thereto.

Notices for Complaints

Send all legal notices under these Terms to:

Harman International Industries, Incorporated

400 Atlantic Street, 15th Floor

Stamford, CT 06901, USA

Attn: Legal Department

+1.203.328.3500

 

Thank you for using the Services.