Architectural Acoustics > Legal / Online User Notice

Legal / Online User Notice

1. Terms

Unless otherwise stated, when used in this notice, (a) "Peavey" means Peavey Electronics Corporation, 5022 Highway 493 North, Meridian, Mississippi 39305, (b) "Peavey Site" means the Peavey Internet Site, (c) "User" means a user of the Peavey Site, and (d) "Content" means all or part of the information, communications, messages, software, photos, video, graphics, music, sounds or other materials made available on the Peavey Site.

2. Agreement

THE TERMS AND CONDITIONS SET FORTH IN THIS NOTICE APPLY TO THE USE OF THE PEAVEY SITE BY EVERY USER. BY USING THE PEAVEY SITE ON ONE OR MORE OCCASIONS, USER ACKNOWLEDGES THAT USER HAS READ AND UNDERSTOOD SUCH TERMS AND CONDITIONS AND EXPRESSLY AGREES TO THE SAME. IF, AFTER READING THESE TERMS AND CONDITIONS, USER CANNOT AGREE, USER SHOULD NOT USE THE PEAVEY SITE.

3. Proprietary Rights

All software made available to User, and each revision thereof is licensed, not sold, to User by Peavey and User may use or copy the software only as provided immediately hereinafter in (2), and the use or copying for any other purpose is prohibited. Peavey grants each User of the Peavey Site a personal, non-transferable and non-exclusive right to use, in object code form only, each authorized copy of the software and User may not sublicense, assign or transfer this license or the downloaded software without prior written authorization from Peavey. User is responsible for all use of software downloaded from the Peavey Site by User, and User agrees to destroy all downloaded software and related written material together with any copy thereof promptly when no longer needed or authorized for use.
User is permitted to make one (1) copy of any software downloaded from the Peavey Site for archival purposes only, provided that such copy contains and retains all and the same copyright notices and proprietary markings as are on the software as downloaded. Unauthorized copying of the software downloaded from the Peavey Site, including software that has been modified, merged or included with the downloaded software or any written materials is prohibited. User may not translate, reverse engineer or reverse compile, disassemble or make derivative works from the software downloaded from the Peavey Site and may not modify such downloaded software in any manner or form.
User may not upload elsewhere any software downloaded from the Peavey Site.

4. Content

Content made available by Peavey is either property of Peavey or made available to the Peavey Site by permission and is protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Content made available by Peavey may be downloaded from the Peavey Site only for personal, non-commercial use. Any reproduction, duplication other than as allowed in Section 3. b. (2) hereinabove, publication or public exhibition of such Content, either in whole or in part, is strictly prohibited. Each individual file or document in the Content may contain other proprietary information relating to the individual file or document. User agrees that any copy of any Content made by User shall retain all copyright and other proprietary notices contained herein. Nothing contained herein shall be construed as conferring by express grant, implication, estoppel or otherwise any license or right under any patent, copyright or trademark of Peavey or any third party. Any unauthorized use of any Content may subject User to civil and criminal liability. Peavey specifically reserves and retains all rights which it has in any Content, data, files and/or images and soundbytes made available through the Peavey Site. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of such Content, in whole or in part.
Except as may be permitted by the fair use privilege under the U.S. copyright laws, User may not upload, post or otherwise make available Content which is protected by copyright or other proprietary right without obtaining permission of the owner of such right. Accordingly, Peavey grants permission to a User to upload or otherwise make available on the Peavey Site only Content that is not subject to any copyright or other proprietary rights protection or Content in which the owner of such right has given express authorization for online distribution. Any copyrighted material made available as Content with the consent of the owner of such proprietary right should contain a phrase so stating, e.g. "Copyright owned by [name of the owner] and used by permission". The unauthorized submission of copyrighted or other proprietary Content may subject User to civil and criminal liability. User, not Peavey, is liable for any damage resulting from any infringement of copyrights, proprietary rights or any other harm arising from submission of Content by a User and its subsequent use. By submitting Content to any area of the Peavey Site, User automatically warrants that the owner of such Content has expressly granted Peavey the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute the Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits thereby any other User to access, view, store or download the Content for that User's personal use.
Certain U.S. export control laws may regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their implementing regulations, and further agrees not to transfer, by electronic transmission or otherwise, any Content derived from the Peavey Site to either a foreign national or a foreign destination without first obtaining any required government authorization. User further agrees not to upload to the Peavey Site any data or software that cannot be exported without prior written government authorization.
Should any User respond regarding any Content with feedback or data, such as questions, comments, suggestions or the like regarding any Content, such information shall be deemed to be non-confidential and Peavey shall have no obligation of any kind with respect to such information and shall be free to use, reproduce, disclose and distribute the information to others without limitation. Further, Peavey shall be free to use any ideas, concepts know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such information.

5. Disclaimers, Limitation of Liability, Indemnification

Content is made available through the Peavey Site by Peavey and also by Users. Peavey cannot determine in advance the nature or accuracy of Content made available by Users and does not have the ability to restrict communication to the Peavey Site prior to its transmission. Content made available by Users represents the opinions and judgments of the User and Peavey does not endorse, oppose or edit any opinion expressed by a User or of any Content made available by a User. Accordingly, opinions, advice, statements, services, offers or other Content expressed or made available by any User are those of the respective User, author(s) or distributor(s) of such Content and not of Peavey. Except for Content placed by authorized Peavey personnel acting in their official capacity, Peavey is not responsible for any material appearing in the Peavey Site and is not responsible for the accuracy, reliability or nature of any opinion, advice or statement made on the Peavey Site. Peavey, further, is not responsible for screening, policing, editing or monitoring such Content and assumes no liability for any action or inaction with respect to conduct, communication or Content of the Peavey Site which has a source other than Peavey. If notified of allegedly infringing, defamatory, libelous, illegal or offensive Content, Peavey may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Content, but Peavey does not insure or guarantee editing or removal of such Content after posting. Peavey will be held harmless from any performance or non-performance by Peavey of such activities as long as it has acted in good faith.
Mention of any company, product or advertising (including pricing), by Peavey or otherwise, does not constitute an endorsement or liability by Peavey.
Peavey reserves the right to make changes or substitutions in the Content which it makes available at any time without notice.
The terms, conditions and duration of any warranty accompanying a specific product or merchandise purchased from Peavey through the Peavey Site shall be established and governed exclusively by the written warranty transmitted with the product or item and applicable law. The purchase of the product or item through the Peavey Site shall confer no additional or different warranty.
Peavey provides access to Peavey international data and therefore, may contain references or cross references to Peavey products, programs and services not available or announced in every country. Such reference does not imply that Peavey intends to announce or provide such products, programs or services in every country. All actions of a User resulting from a search of the Content must be related to solutions using only products, programs and services announced or provided by Peavey in the User's country.
THE PEAVEY SITE AND ALL CONTENT, INCLUDING SOFTWARE, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED AS TO THE USE, INABILITY TO USE, FUNCTIONING OR OPERATIONS OF THE PEAVEY SITE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY WHICH MAY BE ALLEGED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. THE USE OF THE PEAVEY SITE IS AT THE USER'S SOLE RISK AND PEAVEY DOES NOT REPRESENT OR WARRANT THAT THE PEAVEY SITE WILL BE UNINTERRUPTED OR ERROR-FREE, INCLUDING WITHOUT LIMITATION TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, NOR DOES PEAVEY MAKE ANY REPRESENTATION OR WARRANTY REGARDING RESULTS WHICH THE USER MAY OBTAIN FROM THE USE OF THE PEAVEY SITE. PEAVEY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, SAFETY OR USEFULNESS OF ANY CONTENT, INCLUDING SOFTWARE, ON THE PEAVEY SITE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO ADVICE OR WRITTEN INFORMATION BY PEAVEY AND NO CONTENT SHALL CREATE A WARRANTY NOR SHALL ANY USER RELY UPON SUCH INFORMATION. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF CONTENT AVAILABLE THROUGH THE PEAVEY SITE. PEAVEY ADVISES USERS TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THESE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PEAVEY BE LIABLE TO A USER OR THIRD PARTY FOR ANY LOSS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHICH MAY RESULT FROM THE USE OF ANY SOFTWARE OR FROM THE USE OR INABILITY TO USE THE PEAVEY SITE AND/OR THE CONDITION AND USE OF ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION RELIANCE BY A USER ON ANY CONTENT OBTAINED FROM THE PEAVEY SITE OR AS RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAM OR SERVICES. THIS PARAGRAPH SHALL APPLY TO ALL OPERATIONS OF THE PEAVEY SITE AND TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE PEAVEY SITE. FURTHER, UNDER NO CIRCUMSTANCES WILL PEAVEY BE LIABLE FOR ANY LOSS OR DAMAGE CLAIMED DUE TO ANY ALLEGED OR ESTABLISHED INFRINGING, DEFAMATORY OR LIBELOUS NATURE OF ANY CONTENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND IN SUCH STATES THE LIABILITY OF PEAVEY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
USER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS PEAVEY AND ITS EMPLOYEES, OFFICERS, DIRECTORS, DISTRIBUTORS AND AGENTS FROM ANY AND ALL CLAIMS, DAMAGES, EXPENSES AND COSTS, INCLUDING A REASONABLE ATTORNEY'S FEE, (COLLECTIVELY, "LIABILITIES") RELATED TO ANY VIOLATION OR ALLEGED VIOLATION OF THE TERMS AND CONDITIONS OF THIS PEAVEY ONLINE USER NOTICE BY THE USER OR IN CONNECTION WITH THE PLACEMENT OR TRANSMISSION BY OR THROUGH USER OF ANY CONTENT ON THE PEAVEY SITE, SPECIFICALLY AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LIABILITIES ARISING OUT OF ANY ALLEGED OR ESTABLISHED DEFAMATORY, LIBELOUS OR UNLAWFUL STATEMENT OR MATERIAL PLACED ON THE PEAVEY SITE, OR ANY CONTENT ALLEGED OR ESTABLISHED TO INFRINGE ON THE PROPRIETARY RIGHTS OF A THIRD PARTY.

6. Retention of Files.

User is responsible for retention of all files, information, data and other materials as may be necessary for reconstruction of any files, information, materials or messages lost or misprocessed by the Peavey Site.

7. Applicability

The terms and conditions of this Peavey Online User Notice are for the benefits of Peavey and also its employees, officers, directors, distributors and agents and any or all shall have the right to assert and enforce the provisions directly in their respective behalf.

Copyright Information

Unless otherwise specified, all of the company, product, and service names featured in the Peavey.com are registered trademarks or service marks of Peavey Electronics.

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