TERMS OF USE
INTRODUCTION
The website www.AntelopeAudio.com is operated by Antelope Audio, excluding https://en.antelopeaudio.com wich is operated by the third party distribution company Earbyte Inc. All pages within Antelope Audio sites (collectively referred to here below as “Websites”) are created, published, operated, maintained and edited by Antelope Audio (as individualized in details below).
These Terms and conditions apply to all visitors, users, customers and others who access or use the Websites, as well as the products and services provided through the Websites (all together (incl. Websites) referred to as “Services”). The access to and use of the Services is conditioned on acceptance of and compliance with these Terms of Use (hereinafter referred as “Terms of Use” or “Terms”).
Should, for any reason an individual, acting for its own or representing a legal entity, does not understand and/or disagrees with any of the terms and conditions contained here below, he/she shall not use the Services. These terms and conditions represents the entire agreement between Antelope Audio and the users of its Services, where the latter agrees to be legally bound by them.
ACCOUNT
You can browse the Websites without registering for an account. However, in order to use some of its functions, to use some of our Services or enable us to provide you with special offers and rewards you will need to register, choose an account name(username), and set a password. When you do that, the information you give us has to be accurate and complete. We will appreciate if our users does not use other individuals names or choose names that are offensive or that violate anyone’s rights. If you do not follow these rules, we may cancel your account.
You are responsible for the activity that happens on or through your account, and for keeping your password confidential. If you learn of any unauthorized use of your password or account, please report it to marketing@antelopeaudio.com.
The Websites are not for use by any minors (defined as those who are not at least 18 years of age), and you must not use the Websites if you a minor. To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live (if higher). If necessary, we may ask you for proof of age. Your use of the Websites or the other Services is considered for declaration that you are 18 years or more (if higher age is required under your domestic legislation). Antelope Audio bears no responsibility in case of any untrue information or declaration.
Antelope Audio reserves the right to introduce different access levels to the Websites and different types of users. These account users may have different rights and receive different services. You accept and acknowledge this and may not request to be provided the same functionalities, features and services as other users if you do not qualify for a certain type user.
Antelope Audio reserves the right, at its own discretion, to refuse opening an account, including without limitation: (I) when the application for registration is processed from a jurisdictions, states or territories we are not allowed doing business with, due to national or international restrictions, restrictive injunctions or lists, court or other authorities orders etc.; (ii) the applicant is resident of such states, even if contacting the Websites from a permitted territory, or (iii) in any other way we consider that by opening and maintaining of certain account we may in any way violate or breach any domestic or international laws, regulations or orders.
AVAILABILITY OF PRODUCTS AND PROVISION OF SERVICES
We are not legally bound for any availability, based on the statements or description of our products and provision of services published at the Websites. For information regarding availability of products please contact us. We may either direct you to your local authorized distributor or dealer, or advise on the procedure for the online order of product.
If you wish to purchase any product or service made available through the Websites, you may be asked to supply certain information relevant to your purchase. Before providing Antelope Audio with any such information, you should read and accept the Antelope Audios Privacy Policy first.
INTELLECTUAL PROPERTY
All content and material of the Websites, all subsites, including text, pictures and other media, all features and functionality, data base, design rights, trade marks and other intellectual property rights (registered or unregistered) are owned by or have been licensed to Antelope Audio and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights law.
In accessing the Websites you agree to access the contents solely for a) authorized dealer or distributor use, or b) your own personal, non-commercial use. Except for personal or non-commercial internal use individuals are not permitted to distribute, transmit, copy, reproduce in whole or in part, sell, publish, modify or show in public any part of the Websites or the materials or content without the prior written permission of Antelope Audio.
SOFTWARE
All software that is made available on the Websites (through your Account) or may be ordered or accessed through the Websites is the copyrighted work of Antelope Audio and is protected by copyright laws and other applicable laws and treaty provisions. The use of this software is subject to the terms and conditions of each end-user license agreement between Antelope Audio and end-user, copyright laws and other applicable laws and treaty provisions for each country throughout the world.
Except for when you are authorized dealer or distributor, the software you license by Antelope Audio is for the sole purpose of enabling you to use and enjoy the benefit of the Services and products, provided by Antelope Audio, in the manner permitted by these terms and the end-user license agreement. You may not copy, modify, distribute, sell, or lease any part of the software, nor may you (personally or through third-party) attempt to extract the source code of that software, unless you have our written permission.
BUSINESS USES
If you are using our Services on behalf of a legal entity (thus especially applies for dealers and distributors), this legal entity or other organization accepts these Terms. It will hold harmless and indemnify Antelope Audio and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
LINKS TO OTHER WEBSITES
The Websites may provide links to third-party web sites or services that are not owned or controlled by Antelope Audio.
Antelope Audio has no control over, and assumes no responsibility for the availability of, the content, privacy policies, or practices of any third party web sites or services. You should refer to the policies posted by those websites regarding privacy and other policies and terms before you use them.
You further acknowledge and agree that Antelope Audio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, advertisements, statements, advises, or services available on or through any such web sites or services.
MODIFICATION AND TERMINATION OF SERVICES
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
Antelope Audio at its sole and exclusive discretion, reserves the right to alter or discontinue the Websites or any of them without prior notice. Antelope Audio shall not be liable for any damages, arising out of any alteration or change of the contents or inability to use the Websites or any of them.
WARRANTY DISCLAIMERS
Antelope Audio endeavors to ensure that all information and material on the Websites is correct and accurate but does not accept any liability for errors or omissions, nor does Antelope Audio warrant that use of this site will be uninterrupted.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Antelope Audio and/or any of its affiliates make no representation or warranty, either expressed or implied, statutory or otherwise, including warranties or representations with respect to the accuracy, reliability, completeness, fitness for particular purpose, non-infringement of third parties rights and/or safety of the contents of the Websites, and any representations and warranties relating thereto are expressly disclaimed. Antelope Audio shall not be liable for any loss, expense or damage arising out of your use or access, or inability to use or access, the Websites.
LIMITATION OF LIABILITY
To the extent permitted by law, in no event will Antelope Audio, its directors, employees, partners, suppliers or content providers be responsible for any lost profits, revenues, or data or any direct, indirect, incidental, punitive, special, consequential or exemplary damages of any kind including loss of business, revenues or profits.
To the extent permitted by law, the total liability of Antelope Audio, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services or if no amount is paid is limited to 100 (one hundred) Euro. In all cases, Antelope Audio will not be liable for any loss or damage that is not reasonably foreseeable.
TERMINATION OF REGISTRATION AND USE OF SERVICE
If you no longer wish to have a registered account you may terminate your account by sending an e-mail to marketing@antelopeaudio.com . The termination of the account will be done within a month as of receipt of termination notice. If you no longer accept these Terms of Use or any future updates thereof, you must stop using the Websites or the Services.
We may terminate your access to the Websites, to our Services or to your registered account, immediately and without prior notice if:
for any reason, we believe that you have not complied with these Terms of Use;
you are trying to access your account or the Websites from jurisdictions, states or territories we are not allowed doing business with, due to national or international restrictions, restrictive injunctions or lists, court or other authorities orders etc.;
you take or are alleged of taking any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have;
you bypass any measures we have put in place to secure the Services or interfere with the proper working of the Services;
you try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Antelope Audio or another party.
We may terminate your access for any other reason, at our sole discretion, by e-mailing you at the address you have registered.
All provisions of this Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, and limitations of liability.
GENERAL
If any provision of these Terms is found to be invalid or unenforceable under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable.
The failure of either you or Antelope Audio to exercise any right provided for in these Terms in any way will not be deemed a waiver of any other rights.
APPLICABLE LAWS
Antelope Audio controls this site and is doing business from its office in Bulgaria. These Terms will be governed by and construed in accordance with the laws of the Republic of Bulgaria. However, Antelope Audio strives to provide its Services also in compliance with the legislation of the jurisdictions of its main audience, but to the extent permitted by law, Antelope Audio makes no representation that content of the Websites is appropriate or available for use in other locations, where their content is illegal or prohibited. Those who choose to access the Websites from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Antelope Audio bears no responsibility for any restriction of your domestic/local law.
Any dispute, controversy or claim arising under, out of or relating to this Terms of Use, or in any way related to the use of the Services and Websites shall be referred to the Arbitration Court of the Bulgarian Chamber of Commerce and Industry and finally settled in accordance with this Arbitration Court’s Rules. The case shall be heard by a panel of three arbitrators and the language shall be English. The award of the Arbitration Court shall be final and executable forthwith.
TERMS OF USE UPDATES
The Antelope Audio reserves the right to unilaterally amend and/or revise the present Terms at its discretion from time to time. The amended Terms become effective at the date designated therein, in any way not less than 20 days after these have been posted on-line. Your continued use of the Websites or the Services after effective date of the change constitutes your consent to be bound by such changes to these Terms of Use. Your only remedy, if you do not accept the updated content of these Terms, is to discontinue use of the Websites and the Services.
Company information
Antelope Audio is the trade name, under which the company Elektrosfera ltd., registered under the legislation of the Republic of Bulgaria with UIN: 131052590, is doing business and is worldwide known. Elsewhere in this terms where the trade name Antelope Audio is used shall refer to Elektrosfera ltd. If you have any questions or concerns about this Terms of Use, in addition to the methods described above, you may contact us at our address of management: No: 7 Tsarigradsko Shose Blvd., 7th km, Building of BIC IZOT, floor 6, Mladost region, Sofia, Bulgaria.