Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
SITE. We maintain this web site as a service to our customers, and by using
our site you are agreeing to comply with and be bound by the following
terms of use. Please review the following terms and conditions carefully,
and check them periodically for changes. If you do not agree to the terms
and conditions, you should not review information or obtain goods, services
or products from this site.
PLEASE NOTE: BRAIN-MUSIC.ASIA SERVES ALL OF ASIA EXCEPT JAPAN; OTHER REGIONS
ARE SERVED BY BRAIN CO., LTD., OF HIROSHIMA, JAPAN OR BRAVO MUSIC OF FLORIDA,
USA.
1.Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between you, and us and supersedes all prior or existing agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. We may amend this Agreement at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2.Copyright. The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected
under applicable copyrights, trademarks, registered trademarks and other
proprietary (including but not limited to intellectual property) rights.
The copying, redistribution, use or publication by you of any such matters
or any part of the Site, except as allowed by Section 4, is strictly prohibited.
You do not acquire ownership rights to any content, document or other materials
viewed through the Site. The posting of information or materials on the
Site does not constitute a waiver of any right for such information and
materials.
3.Fraud: By registering as a member, you confirm that the information provided
by you is true and correct and that you agree to abide by the Terms and
Conditions of use of this site. Please note that your membership can be
cancelled without notice if it is determined that false or misleading information
has been provided, the Terms and Conditions of use have been violated,
or other abuses have occurred as determined by BRAIN-MUSIC.ASIA in its
sole discretion. If membership has been revoked, BRAIN-MUSIC.ASIA reserves
the right to refuse application or readmission to the membership program.
4.Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or
document from the Site grants you only a limited, nonexclusive license
for use solely by you for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative works
or other use. No part of any content, form or document may be reproduced
in any form or incorporated into any information retrieval system, electronic
or mechanical, other than for your personal use (but not for resale or
redistribution).
5.Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site, including this Agreement,
without further notice to users of the Site.
6.Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys,
staff and affiliates (collectively, "Affiliated Parties") harmless
from any liability, loss, claim and expense, including reasonable attorney's
fees, related to your violation of this Agreement or use of the Site.
7.Nontransferable. Your right to use the Site is not transferable. Any password or right
given to you to obtain information or documents is not transferable and
may only be used by you.
8.Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS-IS,"
"AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE
AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF
ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE
AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES
AS SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE RELATIONSHIP BETWEEN
THE SITE AND THE CUSTOMER. THIS SITE AND ITS CONTENT WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
9.Limits. All responsibility or liability for any damages caused by viruses contained
within electronic files of forms or documents is disclaimed. WE WILL NOT
BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our
maximum liability to you under all circumstances will be equal to the purchase
price you pay for any goods, services or information.
10.Use of Information. We reserve the right, and you authorize us, for use and assignment of
all information regarding Site uses by you and all information provided
by you in any manner consistent with our Privacy Policy.
11.Third-Party Services. We allow access to, or advertise third-party merchant sites ("Merchants")
from which you may purchase or otherwise obtain certain goods or services.
You understand that we do not operate or control the products or services
offered by Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are not a party
to the transactions entered into between you and Merchants. YOU AGREE THAT
USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF
ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER
NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT
SITES OR ANY OTHER SITE LINKED TO OUR SITE.
12.Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures
of Merchants will apply to you while on such sites. We are not responsible
for information provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make any representations
or commitments on behalf of the other.
13.Privacy Policy. Our Privacy Policy "Privacy Notice", as it may change from time
to time, is a part of this Agreement.
14.Payments. You represent and warrant that if you are purchasing something from us
or from our Merchants that (i) any credit card information you supply is
true, correct and complete, (ii) charges incurred by you will be honored
by your credit card company, and (iii) you will pay the charges incurred
by you at the posted prices, including any shipping fees.
15.Securities Laws. This Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand
for our products or services, as well as our intentions, plans and objectives
that are forward-looking statements. These statements are based upon a
number of assumptions and estimates which are subject to significant uncertainties,
many of which are beyond our control. When used on our Site, words like
"anticipates," "expects," "believes," "estimates,"
"seeks," "plans," "intends" and similar expressions
are intended to identify forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements. The Site and
the information contained herein do not constitute an offer or a solicitation
of an offer for sale of any securities. None of the information contained
herein is intended to be, and shall not be deemed to be, incorporated into
any of our securities-related filings or documents.
16.Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for
the content, accuracy or opinions express in such Web sites, and such Web
sites are not investigated, monitored or checked for accuracy or completeness
by us. Inclusion of any linked Web site on our Site does not imply approval
or endorsement of the linked Web site by us. If you decide to leave our
Site and access these third-party sites, you do so at your own risk.
17.Submissions. All suggestions, ideas, notes, concepts and other information you may
from time to time send to us (collectively, "Submissions") shall
be deemed, and shall remain our sole property and shall not be subject
to any obligation of confidence on our part. Without limiting the foregoing,
we shall be deemed to own all known and hereafter existing rights of every
kind and nature regarding the Submissions and shall be entitled to unrestricted
use of the Submissions for any purpose, without compensation to the provider
of the Submissions.
18.Return Policy. Returns are limited to audio-visual products (CDs and DVDs) that our technicians
determine have inherent manufacturing defects. Return shipping is the purchaser's
responsibility. Customer misuse or damage is not an "inherent defect."
Our AV products are of consistently high quality, and have exhibited few,
if any defects.
19.Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY
OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS
OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE HIROSHIMA DISTRICT
COURT. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION
IN ANY ACTION OR PROCEEDING IN THIS COURT, AND ARE WAIVING ANY CLAIM THAT
THE DISTRICT OF HIROSHIMA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM
BASED ON LACK OF VENUE. This site is created and controlled by BRAIN MUSIC.
As such, the laws of JAPAN will govern the terms and conditions contained
in this Agreement and elsewhere throughout the Site, without giving effect
to any principles of conflicts of laws.
20.Lapsed Accounts: In order to keep BRAIN-MUSIC.ASIA's membership roster current, if a Member
uses an invalid email address, BRAIN-MUSIC.ASIA may, in its sole discretion,
terminate such Member's account. BRAIN-MUSIC.ASIA strongly recommends that
all Members keep their accounts and contact data current and in use. While
BRAIN-MUSIC.ASIA desires to prevent active accounts from being terminated
prematurely, BRAIN-MUSIC.ASIA has no obligation to maintain accounts that
appear to BRAIN-MUSIC.ASIA to have been abandoned. Each Member agrees that
using invalid email address conclusively indicates that such Member's account
has been abandoned and that the account may therefore be terminated.
