Terms of Use

All content on this Internet site is owned or controlled by The Audio Factory, a Division of Lenbrook Industries Limited. The Audio Factory provides access to and use of our Web site subject to the following Terms of Use.

1. Use of this Web site constitutes your acceptance of these Terms of Use.

The Audio Factory reserves the right to add to or change these Terms of Use at any time by posting changes on-line and it is your responsibility to refer to and comply with these Terms of Use on accessing the site.

2. Limitations on Copying and Use

In accessing The Audio Factory Web site you agree to access the contents solely for: a) journalistic use, b) authorized distributor or dealer use, or c) your own personal/educational, non-commercial use. As such, The Audio Factory hereby grants you a nonexclusive and non-transferable license to view and print documents and web pages located on The Audio Factory Web site for non-commercial use only. The information and content on The Audio Factory Web site shall not be used for any other purpose. The images, logos, documents and web pages on The Audio Factory Web site may not be reproduced, republished, retransmitted, sold, modified or exploited in any way without the prior written permission of The Audio Factory. In consideration of this grant of license, you agree that any printed copy of these documents and Web pages shall retain, without modification, all copyright, trademark and other proprietary notices contained thereon.

3. Disclaimer of Liability

The Audio Factory endeavors to keep the information on this site accurate and up-to-date. The Audio Factory Web site contains general information and may include errors, omissions, inaccuracies and typographical errors. The Audio Factory assumes no liability or responsibility for any such errors, omissions or inaccuracies or any other limitation that may arise in The Audio Factory Web site. The Audio Factory does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on The Audio Factory Web site, nor does The Audio Factory warrant that use of this site will not be uninterrupted. The Audio Factory may make modifications and/or changes to The Audio Factory Web site at any time without notice. The Audio Factory web site is provided “as is” and “as available” and is used by you strictly at your sole risk. The Audio Factory, its directors, officers, employees, affiliates and subsidiaries make no representations about the suitability, reliability, availability, timeliness or accuracy of the information contained on The Audio Factory’s Web site for any purpose. All such information is provided without warranty or condition of any kind, either expressed or implied. The Audio Factory, its directors, officers, employees, affiliates and subsidiaries disclaim all warranties and conditions with regard to such information, including, but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement and all warranties and conditions which may be implied by statute. In no event shall The Audio Factory be liable for damages of any kind including, without limitation, any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with any information obtained through The Audio Factory web site or the use of such information.

4. Copyright, Patent and Trademark

All material published on or otherwise accessible through this Web site is protected by copyright. The material, and the copyright in the material, are owned or controlled by The Audio Factory or its content suppliers. The trademarks, logos, patents, technology, and services marks (collectively the “Trademarks”) used on this Web site are trademarks of The Audio Factory and others. Nothing on this site shall be construed as granting any license or right to use, or any interest in any Trademark. You may not use any Trademark displayed on this site without the prior written permission of The Audio Factory or the relevant owner of the Trademark. Any information contained in your communications, submissions or responses to The Audio Factory Web site or to The Audio Factory shall be deemed non-confidential and non-proprietary and may be used, reproduced, distributed and disclosed by The Audio Factory for any purpose without restriction, permission or compensation.

5. Links and References

The Audio Factory Web site may refer to other individuals, companies, entities, organizations, products or services and such references do not and shall not imply any endorsement or recommendation of such individuals, companies, entities or organizations or their products or services by The Audio Factory. The Audio Factory Web site may contain links or other access or references (collectively the “Links”) to other Web sites. These Links are supplied to you merely as a convenience and the inclusion of any Link to a third-party Web site does not imply any approval or endorsement or recommendation of that third party or related information, products or services. You accept all risks, losses and damages as a result of your use of the foregoing referenced entities, products, services and Links.

6. Additional Terms

You agree to defend, indemnify and hold The Audio Factory and its related companies harmless from any and all liabilities, costs and expenses, including reasonable attorney’s fees, related to any violation of these Terms of Use by you or users of your account. The Audio Factory site originates in Canada. The Audio Factory’s products and services are offered in Canada and the United States. Some products and services referred to on this site may not be available in both countries. These Terms of Use constitute the entire agreement between The Audio Factory and you with respect to your use of this site and supersedes all prior understandings between you and The Audio Factory with respect to The Audio Factory Web site. The Audio Factory’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of the Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. This agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. The parties have required that these Terms of Use and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. If these Terms of Use are not acceptable in full, use of this Web site must be terminated immediately.

7. DMCA Policy

Lenbrook Industries Limited complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This page describes the procedure that should be followed to file a notice of alleged copyright infringement with Lenbrook Industries Limited.

If you have objections to copyrighted material posted on any website owned by Lenbrook Industries Limited, you may contact our Designated Agent at the following address:

Ms. June Ip
Lenbrook Industries Limited
633 Granite Court
Pickering ON L1W 3K1

Any notice to Lenbrook Industries Limited alleging copyright infringement must include the following information:

  • (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  • (b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • (c) a description of the material that you claim is infringing and where it is located on the Bluesound website;
  • (d) your address, telephone number, and email address;
  • (e) a statement by you that you have a good faith belief that the use of the materials of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  • (f) a signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

Counter Notices

If material that you have posted to our website has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. § 512(g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:

  • (a) a physical or electronic signature of the subscriber;
  • (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Lenbrook Industries Limited may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such.