OVERVIEW

This website is operated by Alpha Audiotronics, Inc. (“Alpha”). Throughout the Site, the terms “we”, “us” and “our” refer to Alpha. Alpha offers this website, including all information, tools and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

This terms of use agreement sets forth the terms and conditions applicable to your access to and use of www.skybuds.com (the “Site”), participation in any of our contests and sweepstakes, and any other service, applications, widgets, tools, and software provided by Alpha (collectively, the “Services”).

By visiting our Site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms and conditions of this agreement, then you may not access the Site or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

ACCEPTANCE OF TERMS

You agree that by accessing or using the Site in any manner, you are entering into a legally binding agreement with Alpha incorporating these Terms and the Alpha Privacy Policy (these Terms and the Privacy Policy shall be hereby incorporated by reference and collectively referred to as the “Agreement”).

If you do not want to agree to the terms of the Agreement, do not access, view, or otherwise use any of the Site or our Services.

SITE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use the Site for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your use of the Site and our Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site through which our Services are provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

CHANGES TO TERMS

You can review the most current version of the Terms at any time at this page.

We reserve the right to modify, supplement, or replace the Terms at any time, effective prospectively upon posting at the Site and/or notifying you by email. When we post changes to these Terms, we will revise the “Last Updated” date at the top of these Terms. We recommend that you check the Site from time to time to inform yourself of any changes in the Agreement. If you do not want to agree to changes to the Agreement, you must immediately stop using the Site and Services. Your continued use of the Site or Services shall constitute your acceptance of and agreement to the revised Terms.

PRIVACY

You should carefully read our full Privacy Policy before accessing or using the Site as it governs our collection and treatment of any information, including personally identifiable information, you submit to us and is incorporated into these Terms. You acknowledge that your submission of any information to us is voluntary and that Alpha may collect, use, and share that information according to the terms of the Privacy Policy.

TERMINATION OF SERVICES

Alpha reserves the right to deny service to any person in Alpha’s sole and absolute discretion. The Services are offered with the understanding that Alpha may terminate your access to the Services at any time, for any reason or no reason, including, without limitation, for any violation of the Agreement. Alpha may stop offering or supporting the Services or a portion thereof at any time.

MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any suspension or discontinuance of the Services.

CONDITIONS AND RESTRICTIONS OF USE
Use of Site

Subject to these Terms, Alpha grants you a limited, revocable, non-exclusive, non- sublicenseable, non-assignable license and right to access and use the Site solely for your personal, non-commercial use. Except as expressly permitted by us in writing, you will not (directly or indirectly): (i) reproduce, redistribute, license, sell, create derivative works from, decompile, disassemble, reverse engineer, damage, attack, interfere with, or attempt to interfere with the Site; (ii) bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site; (iii) use manual or automated software, devices, or other processes to “crawl” or “spider” the Site; or (iv) otherwise take any action in violation of our guidelines and policies.

Furthermore, you may not use the Site 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; (iii) performs any unsolicited commercial communication not permitted by applicable law, regulation, or ordinance; (iv) constitutes harassment or a violation of privacy or threatens another 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 Alpha and/or the Site; or (viii) constitutes phishing, pharming, or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).

Alpha reserves the right to add or remove information, content, or Services from the Site at any time in its sole discretion. Furthermore, Alpha reserves all rights not expressly granted in the Agreement, including, without limitation, title ownership, intellectual property rights, and all other rights and interest in Alpha, the Site, and all related items.

No Violation of Laws

You agree that you will not, in connection with your use of the Site, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Site any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy and publicity).

No Commercial Uses

You agree that you will not use the Site 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.

Mobile Devices

The Site 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 of the Site’s services and features work with or are accessible through all carriers or devices.

LINKS
Links from the Site

The Site may contain links to websites operated by other parties. Alpha 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 Alpha, and Alpha is not responsible for the content available on the other websites. Such links do not imply Alpha’s endorsement of information or material on any other website, and Alpha 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 Alpha, you must adhere to Alpha’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 Alpha’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 Alpha; (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) Alpha reserves the right to revoke its consent to the link at any time and in its sole discretion.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

INTELLECTUAL PROPERTY
Trademarks

Except for the logos, trademarks, and trade names of our third-party business partners, all logos, trademarks, and trade names used in connection with Alpha, where indicated, are trademarks exclusively owned by Alpha. Unauthorized use of any such Alpha trademark, service mark, or logo may be a violation of applicable trademark laws.

Copyright

The Site and the content made available through the Site are protected by U.S. and international copyright laws and are the property of Alpha. You may not use, modify, reproduce, or distribute any of the content, or the design or layout of the Site, or individual sections of the content, design, or layout of the Site without Alpha’s express prior written permission.

WARRANTY DISCLAIMER

The Site and the materials on the Site are provided on an "as is" and “as available” basis for your use, without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Alpha disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, accuracy of date, and those arising from course of dealing or usage of trade. Because some states, territories, and/or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

You are responsible for verifying any information before relying on it. Use of the Site is at your sole risk. Alpha does not represent or warrant that you will be able to access or use the Site at the times or locations of your choosing, that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Alpha does not make any warrantees or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, completeness, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Alpha’s failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by Alpha of any provision or any right it has to enforce these policies, nor shall any course of conduct between Alpha and you or any other party be deemed to modify any provision of these policies.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALPHA, ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES (COLLECTIVELY, THE “ALPHA AFFILIATES”), DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF ALPHA AND/OR THE ALPHA AFFILIATES HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALPHA WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS, LIABILITY, EXPENSES, OR DAMAGES INCURRED IN CONNECTION WITH THE SITE, TO THE EXTENT CAUSED BY OR RESULTING FROM (1) YOUR ACTS, DEFAULTS, OR OMISSIONS; (2) YOUR VIOLATION OF ANY TERM, CONDITION, REPRESENTATION, OR WARRANTY CONTAINED IN THIS AGREEMENT; OR (3) ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING THIRD PARTIES CONTRACTED BY ALPHA.

WE DO NOT IN ANY WAY EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR EXCLUDE OR LIMIT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

Because some states, territories, and/or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states, territories, and/or jurisdictions, the liability of Alpha and the Alpha affiliates shall be limited to the fullest extent permitted by law.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend, and hold Alpha and the Alpha Affiliates harmless from and against any and all claims, demands, damages, or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the Site, your negligent or intentional misuse of the Site, any breach or alleged breach by you of the Agreement, or any violation of any law or the rights of a third party.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, should be taken to indicate that all information on the Site has been modified or updated.

USING THE SITE OUTSIDE THE UNITED STATES

Alpha administers and operates the Site from the United States. Although the Site may be accessible in many territories throughout the world, not all features or services discussed, referenced, provided, or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Alpha reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area. Any offer or feature or service made available on or via the Site is void where prohibited. The Agreement is intended to cover use of the Site, and all related features and services, by residents of the United States and is governed by United States’ laws, which may not be as comprehensive as those in your country. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

CHILDREN

The Site is not directed toward children under 13 years of age nor does Alpha knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to Alpha.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services, Site or any related website for violating any of the prohibited uses.

SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services or Site (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York.

CONTACT INFORMATION

Questions about these Terms should be sent to us at info@skybuds.com.