Brenin may amend this ToU at any time by posting the amended ToU on the Site, and you agree that you will be bound by any changes to this ToU. For your convenience, the date of last revision is included at the top of this page. Brenin may make changes to the Site and/or the Service at any time. You understand that Brenin may discontinue or restrict your use of the Site and/or Service for any reason or no reason with or without notice.
YOUR USE OF THE SITE AND/OR THE SERVICE, OR BY CLICKING “I ACCEPT” IF PRESENTED WITH THIS TOU IN A CLICK-THROUGH FORMAT, SIGNIFIES THAT YOU AGREE TO THIS TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOU, INCLUDING ANY MODIFICATIONS THAT BRENIN MAKES FROM TIME TO TIME.
3. TOU UPDATES
Brenin will revise this ToU as the Site and/or Service evolves. The next time you use the Service after such an update, you may be prompted to agree to or decline the revised ToU. You must agree to all revisions if you choose to continue using the Site and/or Service. By using the Site and/or Service, you agree to the then-current version of this ToU as posted on the Site. If at any point you do not agree to any portion of the then-current version of this ToU, you must immediately stop using the Site and/or Service.
4. TERMINATION OF SERVICE
Brenin reserves the right to deny service to any person at Brenin’s sole and absolute discretion. The Service is offered with the understanding that Brenin may terminate your access to the Service at any time, for any reason or no reason, including without limitation for any violation of this ToU. Brenin may stop offering and/or supporting the Service or any portion thereof at any time.
5. ACCOUNTS, PASSWORDS AND SECURITY
By establishing an account on our Site, you represent that you have the legal capacity to enter into a contract in the jurisdiction where you reside. You agree to comply with this ToU on behalf of yourself and, at your discretion, any minor children for whom you are the parent or legal guardian and whom you have authorized to use your account. You further agree that you are entirely liable and responsible for all activities conducted through your account, and are responsible for ensuring that you and/or your child is aware of, understands, and complies with the terms of this ToU and any and all other Brenin rules, policies, notices and/or agreements.
6. ORDERS AND PAYMENT TERMS
After you place an order we will review the information you provided for validity by verifying your method of payment, billing and/or shipping address. Orders may not be accepted for delivery to certain addresses and territories based upon your location. We may contact you (via email or phone) if additional information is required to accept your order. Invalid order information will result in delays processing your order. For Product purchases, your receipt of an order confirmation does not constitute Brenin’s acceptance of your order. Without prior notification, Brenin maintains the right to limit the Product order quantity and the right to refuse to sell Products to any customer for any reason or no reason at all. Brenin reserves the right not to sell to resellers. If your order is canceled, we will attempt to notify you using the e-mail address you have given us with the order. You will not be charged if your order is canceled. If your payment method has already been charged for an order that is later canceled, Brenin will issue you a refund.
Brenin does sell products through its Web Store for children, but only to adults, who can purchase with a credit card or other permitted payment method as described above.
We accept various payment methods for Product purchases through our Web Store, including various credit cards and debit cards. We will bill your payment method when you place an order for a Product through the Service. Brenin will not fulfill any Product order without authorization validation of your purchase from your payment method.
You acknowledge and agree that any offers made available through the Service are subject to change at any time and from time to time. Additionally, we have endeavored to be as accurate as possible in describing and displaying the colors and other features of the Products made available for purchase through the Service; however, there is no warranty or guarantee that the colors, sound quality, product descriptions or other content of the Service is accurate, complete, reliable, current, or error-free.
We will ship the Products you purchase via the shipping method of our choice, on such other terms and conditions (such as applicable shipping and handling fees) that we may disclose to you at the time of your purchase. We do not guarantee the services of any shipping service, and delivery dates and times are not guaranteed. We will however endeavor to dispatch the Product to you as soon as possible after you place your order. During busy times, such as holiday periods, and periods of inclement weather, there can be additional processing and shipping delays. If there is a problem with a delivery, including, but not limited to, damage, loss or late delivery, you can contact Brenin Consumer Support to resolve the issue. You agree not to hold Brenin liable for any shipping issues. Most package carriers have a short time frame in which to initiate claims. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems. Unless otherwise provided by notice from Brenin, all merchandise is shipped F.O.B. from any place we designate the merchandise to leave. At our discretion, we may choose to halt, or alter, the delivery of an order, even though it is in the hands of a delivery agent or shipping company. We may do this as a customer service or in cases where we suspect fraud. You agree to pay any additional charges that may arise due to circumstances in which we take this action.
Products purchased from the Site are easily returned in accordance with our Return Policy. These Products must be in new condition with original packaging and accessories.
If you are a European Union consumer, in addition to the return guarantee described in the paragraph above, you have a statutory right to withdraw from a sales contract for any reason within 14 days after the date you receive the Product. Our Return Policy includes details of this withdrawal right, including how to exercise such right. Nothing in these ToU or the Return Policy affects these legal rights.
Please note that you will be responsible for the costs of returning the Products to us, unless they were delivered to you in error or the Products are defective or faulty, in which case we will be responsible for the costs of returning the Products to us.
7. RESTRICTIONS AND CONDITIONS OF USE
Use of Site and Service.
Brenin permits you to view and use a single copy of the Site solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site. Beats reserves the right to add or remove information, content or Services from the Site at any time at its sole discretion.
No Violation of Laws.
You agree that you will not, in connection with your use of the Site or the Service, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Site and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
Misuse of Site and/or Service.
You may not connect to or use the Site and/or Service in any way not expressly permitted by this ToU. Without limiting the foregoing, you agree that you will not: (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Site and/or Service or otherwise attempt to disrupt the Site and/or Service or any other person’s use of the Site and/or Service; or (b) attempt to gain unauthorized access to the Site, Service, or the computer systems or networks connected to the Site and/or Service. Furthermore, you may not use the Site or Service to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or Service; (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or ordinance; (vii) makes any false, misleading or deceptive statement or representation regarding Brenin and/or the Service; or (viii) constitutes phishing, farming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
No Commercial Uses.
You agree that you will not use the Site or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Site or Service.
No Data Mining or Harmful Code.
You agree that you will not (a) obtain or attempt to obtain any information from the Service; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Site or the Service.
The Site and Service contains services and features that are available to or through certain mobile devices. Your carrier’s normal rates and fees apply. We do not guarantee that any or all Services will work with or be accessible through all carriers or devices.
Links from the Site.
The Site may contain links to websites operated by other parties. Brenin provides these links to other websites as a convenience, and use of these websites is at your own risk. The linked websites are not under the control of Brenin, and Brenin is not responsible for the content available on the other websites. Such links do not imply Brenin’s endorsement of information or material on any other website and Beats disclaims all liability with regard to your access to and use of such linked websites.
Links to the Site.
Unless otherwise set forth in a written agreement between you and Brenin, you must adhere to Brenin’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Brenin’s and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Beats, (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking site, and (iv) Beats reserves the right to revoke its consent to the link at any time and in its sole discretion.
9. SOCIAL NETWORKS
The Service includes features that operate in conjunction with certain third party social networking websites that you visit (“Social Network Features”). While your use of the Social Network Features is governed by this ToU, your access and use of third party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SOCIAL NETWORK FEATURES AND THAT BEATS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR VIOLATION OR BREACH OF ANY TERMS OF SERVICE OR OTHER AGREEMENT THAT MAY RESULT FROM YOUR USE OF THE SOCIAL NETWORK FEATURES.
10. INTELLECTUAL PROPERTY
Brenin, Brenin Home and the crown logo are trademarks/service marks of Brenin. Unauthorized use of any Brenin trademark, service mark or logo may be a violation of applicable trademark laws.
The Site and Service and the content made available through the Site and Service are protected by U.S. and international copyright laws. You may not use, modify, reproduce or distribute any of the content, or the design or layout of the Site or Service, or individual sections of the content, design or layout of the Site without Brenin’s express prior written permission.
11. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW,THE SITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BEATS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. BEATS DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
This ToU may only be revised in a writing signed by Brenin, or published by Brenin on the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Brenin as a result of this ToU or your use of the Service.
Brenin may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToU without Brenin’s prior written consent, and any unauthorized assignment by you shall be null and void.
If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.