Pioneer Electronics (USA) Inc. Web Site Terms and Conditions of Use
1. WEBSITE MATERIALS; RESTRICTIONS
You are permitted to use information on the Websites only in the ways specified in this Agreement. Photographs, videos, text, product information, and other content on the Websites (“Materials”) may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Pioneer Electronics (USA) Inc., EXCEPT that you may download one copy of the Materials (except where copy disabling is used) on one computer for your personal, non-commercial, internal home use only, provided that you do not distribute, reproduce, modify or publish the Materials anywhere or delete or change any copyright or other proprietary notices. If you download Materials, they are deemed licensed to you by Pioneer Electronics (USA) Inc. Neither title nor intellectual property rights are transferred to you, but remain with Pioneer and its affiliated companies (collectively, "Pioneer") or their licensors, as applicable. Modification or use of Materials for any other purposes violates the intellectual property rights of Pioneer. Use of Materials on or in any other website or networked computer environment is prohibited. Unless otherwise noted, names and characters on the Websites are fictitious and are in no way intended to represent any real individual, company, or event. You agree to prevent any unauthorized copying of the Materials. You may not resell, redistribute, decompile, reverse engineer, disassemble or otherwise convert any software from the Websites to a human perceivable form.
Pioneer hopes that the information and Materials on the Websites is entertaining and interesting for you, but Pioneer is not liable for any damages you suffer from their use. THE WEBSITES AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PIONEER, ITS LICENSORS, CUSTOMERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PIONEER DOES NOT WARRANT THAT THE MATERIALS WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PIONEER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL PIONEER, ITS LICENSORS, CUSTOMERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE WEBSITES, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION BASED UPON CONTRACT, NEGLIGENCE, TORTIOUS ACTION OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE. IN NO EVENT WILL THE LIABILITY OF PIONEER, ITS LICENSORS, CUSTOMERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS IN CONNECTION YOUR USE OF THIS SITE, UNDER ANY THEORY OF RECOVERY, EXCEED US$10.00.
3. JURISDICTION OF WEBSITES
The Websites are intended for use within the United States. Unless otherwise specified, the Materials are presented solely for the purpose of promoting products available and to be used in the United States. Pioneer makes no representations that such products are appropriate or available for use in other locations. Those who choose to access the Websites from locations other than the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
Pioneer is pleased to hear from you and welcomes your comments regarding Pioneer's products and services, but do not send us information or post it on a Website unless you are willing to let Pioneer have it and the world know about it. You retain ownership of all remarks, suggestions, ideas, graphics, images, and other information communicated to Pioneer through or as a result of use of a Website (“Submissions"), however, by providing Submissions, you hereby grant Pioneer a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license, with the right to sublicense, to use, make, reproduce, disclose, distribute, translate, create derivative works of, display, and perform the Submissions for any purpose, in any media formats and through any channels, without compensation to you or any other person sending the Submissions. You acknowledge that you are responsible for whatever material you submit, and that you, not Pioneer, have full responsibility for its content, including its legality, reliability, appropriateness, originality, or copyright. If Pioneer makes available a discussion group or bulletin board on a Website, you, and not Pioneer, take full responsibility and liability for the content and for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity you might post or encounter.
5. INTELLECTUAL PROPERTY POLICY
Pioneer may remove content posted by you or other users that in its sole discretion appears to infringe the intellectual property rights of others. It is Pioneer’s policy to terminate the accounts of repeat offenders. If we remove or disable access to comply with the Digital Millennium Copyright Act (“Act”), we will make a good-faith attempt to contact the owner, author, or administrator of each affected account so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of the Act.
(a) Infringement Notification. If you believe that content residing on or accessible through a Website infringes a copyright for which you own or are a designated agent, please send a notice of infringement by fax or regular mail with the information that sets forth the items specified below. Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. To expedite our ability to process your request, please use the following format:
• Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works on a Website are covered by a single notification, provide a representative list of such works.
• Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Pioneer to locate the material. Please provide a URL for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say entire work ONLY if all assets / pages in a collection/document are infringing
• Include details of your claim to the material, or your relationship to the material’s copyright holder.
• Provide your full name, address, and telephone number should we need to clarify your claim.
• Provide a working email address where we can contact you to confirm your claim.
• If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
• If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.” • Sign the document, physically or electronically.
• Send the document to Pioneer’s designated Copyright Agent to receive notifications of claimed infringement. You may use either the address or the fax number given below:
Designated Copyright Agent
c/o Pioneer Electronics (USA) Inc.
P.O. Box 1720
Long Beach, CA 90801
Fax: (310) 952-3350
We will review your claim and determine its merit. If, after our review, we believe your claim is sufficient to remove the information from public view, we will do so immediately and provide you with confirmation. If your claim is insufficient to act upon, or, in our consideration the material has been posted with a good faith effort and compliant with the DMCA, we will notify you and provide you opportunity to clarify or seek additional remedy.
(b) How do I file a DMCA counter notice? The process for counter-notifications is governed by Section 512(g) of the Act: http://www.copyright.gov/legislation/dmca.pdf. If you believe your material has been removed improperly, you may file a counter notification. To file an official counter notification with us, you must provide a written communication that sets forth the items specified below. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
(c) Elements of Counter-Notification. A sample counter notification may be found at: http://www.chillingeffects.org/dmca/counter512.pdf. To expedite our ability to process your counter notification, please use the following format:
• Identify the specific URLs of material that Pioneer has removed or to which Pioneer has disabled access.
• Provide your full name, address, telephone number, and email address, and the username of your Pioneer account.
• Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or any judicial district in which Pioneer may be found if your address is outside of the United States), and that you will accept service of process from the person who provided notification or an agent of such person.
• Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
• Sign the notice.
• Send the written communication to the following address or fax number:
Designated Copyright Agent
c/o Pioneer Electronics (USA) Inc.
P.O. Box 1720
Long Beach, CA 90801
Fax: (310) 952-3350
6. PRICING INFORMATION
All prices are manufacturer's suggested retail price in US dollars and may vary at retail locations, except for products sold directly on the Websites (which are priced as indicated), or except as otherwise noted. Please check with your local authorized Pioneer retailer or reseller for questions about their prices. All prices on the Websites are subject to change without notice.
7. REVISIONS TO INFORMATION OR WEBSITES
Pioneer reserves the right to change, add, and remove any Materials on the Websites at any time. Pioneer reserves the right, in its sole discretion, to introduce new products and services, to discontinue products and services, and to make design changes or modification to existing products and services at any time without prior notice. Pioneer can revise this Agreement at any time by updating this posting. Please check back from time to time for updates.
9. LINKS TO OR FROM THE WEBSITES
The Websites may be linked to or from sites that are not maintained by or affiliated with Pioneer. Pioneer is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Pioneer.
10. APPLICABLE LAWS, JURISDICTION AND VENUE
This agreement shall be governed by and construed in accordance with the laws of the state of California without giving any effect to any principles of conflicts of law. In the event of any dispute or controversy arising from any Website, the parties mutually consent to the jurisdiction of the courts of the state of California, and of the federal district court, Central District of California. The parties further agree that venue for litigation arising from any Website shall be exclusively in the Central District of California or its counterpart state court. In the event of any suit or other proceeding regarding this Agreement or its subject matter, the prevailing party (the party entitled to recover costs of suit, whether or not the suit proceeds to final judgment) will be entitled to recover reasonable attorney's fees in addition to such other relief as the court may award.
11. OTHER RIGHTS
Any rights not expressly granted herein are reserved by Pioneer.
The names, images, logos and pictures identifying Pioneer's products and services in many countries are proprietary marks of Pioneer. Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, copyright, or other proprietary rights of Pioneer or any third party.
This is a listing of certain trademarks owned by Pioneer. All other trademarks on the Websites are the property of the respective trademark owners.This is not a comprehensive list of all Pioneer trademarks.
Trademarks registered in the United States:
ADVANCED SOUND RETRIEVER and logo
A. JONES signature logo
AIR JAM and Air Jam logo
AIR SUSPENSION and logo
APP MODE and App Mode logo
AUTO LEVEL CONTROL
DIGITAL VINYL TURNTABLE
ELITE and Elite logo
HOME MEDIA GALLERY
HVT and HVT logo
KURO and KURO logo
LB LASERMEMORY and logo
MIXTRAX and MIXTRAX logo
MMM MULTILAYER MICA MATRIX CONE and logo
MOGAMI and Mogami logo
MUSICSPHERE and MusicSphere logo
Omega and tuning fork logo
OPEN & SMOOTH and Open & Smooth logo
“P” stylized logo
P.H.A.T. PIONEER HYBRID AMPLIFIER TECHNOLOGY
PIONEER and Pioneer logo
PIONEER DJ and Pioneer DJ logo
PREMIER and Premier logo
P.R.O. PIONEER REFERENCE FOR OPEN SHOW
REKORDBOX and recordbox logo
REMIXBOX and remixbox logo
SEEING AND HEARING LIKE NEVER BEFORE
Six interlocking ovals logo
STEEZ and S Steez logo
SUPERTUNER and lightning flash
TAD TECHNICAL AUDIO DEVICES logo
Trademarks that are in use or that may be used in the future in the United States but are not registered:
DJ PIONEER logo
REMOTEBOX and remotebox logo
© 2013 Pioneer Electronics (USA) Inc.