Terms and Conditions
Trademarks YPA and other names and logos used for YPA Audio or its products or services are YPA Audio’s trademarks in the United States and other countries. YPA Audio’s trademarks may not be used without YPA Audio’s prior written permission, including, without limitation, for or in connection with any product or service or in any manner that could cause potential confusion among customers or that disparages YPA Audio or its products or services. Trademarks and trade names on the Site that are not owned by YPA Audio are the property of third parties, who may or may not be affiliated with YPA Audio.
Copyright All content on the Site, including, without limitation, the text, graphics, images, audioclips, logos and icons, and the compilation and layout of content on the Site, is the property of YPA Audio and protected under United States and international copyright laws. Software used on the Site is the property of YPA Audio or its software vendors and is protected under United States and international copyright laws.
Access and Use of the Site YPA Audio grants you a limited, non-exclusive license to access and use the Site and to download and print a single copy of the Site content solely for your personal, non-commercial use and provided that you do not delete or modify any copyright or other proprietary notice. Any other copying, use, distribution, transmission or modification of the Site’s content, including, without limitation, collection or use of product descriptions or prices, use of data mining or similar tools or framing of any Site content is subject to YPA Audio’s prior written consent. You may link to the Site for non-commercial purposes only or as otherwise specifically agreed in writing by YPA Audio, provided that such link does not disparage or defame YPA Audio or its products or services, and that you remove any such link upon demand by YPA Audio.You agree not to use the Site in any manner that would (a) adversely affect the Site’s resources or the availability of the Site to others; (b) violate any local, state, national or international law; or (c) delete or modify any content on the Site.
YPA Audio does not sell products to children, but to adults who can make purchases with a credit card or other permitted method of payment. If you are under 18, you may access and use the Site only under the supervision of a parent or guardian.
Submissions Product reviews, comments and other content posted or submitted by you or third parties (“Submissions”) may be available on or through the Site. You acknowledge that such third party Submissions are not endorsed by YPA Audio and do not reflect the opinion, recommendation or advice of YPA Audio in any manner, and agree that YPA Audio is not responsible for, and has no liability in connection with, the Submissions. If you believe that any content on the Site violates these Terms, any law or any right of a third party, let us know.You agree that any Submissions you provide will not be illegal, obscene, invasive of privacy, threatening, defamatory, infringe any copyright, trademark or other proprietary right or contain any virus, corrupt data, advertisement or other commercial solicitation or “spam.” You also agree not to use any false e-mail address, impersonate any person or otherwise mislead as to the origin of any Submission.
You grant YPA Audio an irrevocable, worldwide, nonexclusive, royalty-free, perpetual and fully sub-licensable and transferable right, but not the obligation, to (a) use, distribute, display, modify and otherwise use any Submissions you post or submit, in any media now known or hereafter developed; and (b) use the name and any other personal information that you post or submit in connection with a Submission, in YPA Audio’s discretion.You warrant that you own or control all of the rights in and to your Submissions and that use of your Submissions does not violate these Terms and will not cause damage or injury to any person or entity. You agree to indemnify YPA Audio for all claims resulting from or in connection with your Submissions.
YPA Audio has the right, but not the obligation, to monitor and modify or remove any content or materials on the Site. YPA Audio is not responsible for, and assumes no liability for, any Submissions or other content posted by you or any third party.
Electronic Communication By accessing or visiting the Site, registering for the YPA Audio newsletter, sending an e-mail to YPA Audio or otherwise communicating with YPA Audio through the Site, you are communicating with YPA Audio electronically, and you agree to receive electronic communication from YPA Audio, by e-mail and by posting to the Site. You agree that any electronic communication from YPA Audio satisfies any legal requirements that such communication must be in writing. You also agree that any communications or materials that you provide to YPA Audio or the Site, by posting to the Site, e-mail or otherwise, are and will be treated as non-confidential and non-proprietary and that YPA Audio shall have the perpetual, royalty-free, worldwide right, but not the obligation, to copy, disclose, transmit, publish, modify and otherwise use anything you post or transmit.
Copyright Complaints If you believe any content on the Site infringes your copyright interest, please provide the YPA Audio Copyright Agent with the following information in writing:• A description of the copyrighted work that you believe is infringed, including an assertion that you either own such copyright interest, or are the authorized agent of the owner.
• A description of where the allegedly infringing content is located on the Site.
• Your address, telephone number and e-mail address.
• Your statement that you have a good-faith belief that the use of the identified content is not authorized by the copyright owner, its agent or by law.
• Your statement, made under penalty of perjury, that all information provided by you in the notice is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
YPA Audio’s Copyright Agent for notices of claims of infringement on the Site can be reached as follows:
YPA Microphones INC
1788 sierra leone ave ste 108-100
Rowland Heights, CA 91748-5886
Products Products purchased from YPA Audio through the Site are subject to the YPA Audio Warranty [http://www.ypamicrophones.com/pages/warranties].YPA Audio uses reasonable efforts to ensure that product descriptions are accurate and complete. However, YPA Audio does not warrant that any product description or other content on the Site is accurate, complete, current or without error. If a product is not as described on the Site, your sole remedy is to return the product in an unused, undamaged condition.
Links The Site may include links to sites owned or operated by third parties. Links are provided as a convenience to visitors and do not constitute an endorsement of any third party site, product or service or indicate any affiliation with the owner or operator of such sites. YPA Audio is not responsible for the content of any third party site or for the practices of its owner or operator.
Disclaimer of Warranties/Limitation of Liability THE SITE AND ALL CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE.” YPA AUDIO DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE IS MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE OR ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK.TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YPA AUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YPA AUDIO DOES NOT WARRANT THAT THE SITE OR THE CONTENT, PRODUCTS OR SERVICES ON OR MADE AVAILABLE THROUGH THE SITE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL YPA AUDIO BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, ITS SOFTWARE OR CONTENT OR ANY OTHER MATTER RELATING TO THE SITE OR CONTENT, EVEN IF YPA AUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.BECAUSE SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SMS AUDIO’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AND SMS AUDIO’S TOTAL LIABILITY IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE SHALL NOT EXCEED $50.00.
Dispute Resolution You agree that the laws of the State of New York, USA, without regard to conflicts of laws principles, govern the existence and construction of these Terms and any dispute that may arise between you and YPA Audio, and that any dispute or claim arising out of or in relation to your access to or use of the Site or to products or services sold or distributed by YPA Audio or through the Site will be exclusively resolved by binding arbitration.
These Terms, as they may be amended from time to time, set forth the entire understanding of you and YPA Audio as to the subject matter hereof. If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect and all provisions shall be enforced to the fullest extent permitted by law. Any waiver of any provision of these Terms must be in writing and shall not constitute a continuing waiver or a waiver of any other provision. A printed version of these Terms and of any notice given in electronic form shall be admissible in arbitration or in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Questions about these Terms or the Site? Please contact us:
YPA Microphones INC
1788 sierra leone ave ste 108-100
Rowland Heights, CA 91748-5886