END USER LICENSE AGREEMENT
This End User
License Agreement (“EULA”) is entered into by and between Koss Corporation
(“Koss”), a Delaware corporation with an office at 4129 North Port Washington
Avenue, Milwaukee, Wisconsin 53212, and each Striva Device end user
(“you”). PLEASE READ THIS EULA CAREFULLY BEFORE USING THE STRIVA DEVICE.
1. Definitions. As used in this EULA, the following terms
have the meanings specified in this Section 1:
1.1 “Hardware” means the hardware components of the Product.
1.2 “Intellectual Property Rights” means patents, patentable
rights, copyright, design rights, utility models, trade marks (whether or not
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accrued rights of action).
1.3 “Licensed Software” means the software and firmware that is
embedded in, encoded into, or installed on the Hardware, excluding any Open
1.4 “Open Source Software” means open source software
components that are licensed under the terms of public license agreements.
1.5 “Product” means each Koss Striva Device, comprising of the
Hardware and Licensed Software together.
1.6 “Striva Device” means the Striva Cap device, Striva Tap
device, Striva Pro device and any other Striva-branded device offered by Koss.
2. Scope. This EULA applies only to the Product and not
to any third-party products or services.
If you connect to MyKoss.com, your use of MyKoss.com will be subject to
separate terms and conditions.
3. Permitted Use. Subject to the terms and conditions of this
EULA, you are permitted to use the
Product solely for your personal use and to use the Licensed Software solely on
the Product on which the Licensed Software is initially embedded.
4. Restrictions. You shall not, and shall not permit any third
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for or on behalf of any third party (which includes operating any form of
facility on behalf of any third party or operating a software bureau service);
(e) obscure or remove any
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5. Battery . Rechargeable batteries, including the
rechargeable battery in the Product, lose charge capacity due to use. Dependent on your use and conditions, over
time the battery will power the Product for less time and may eventually
require replacement. The battery in the
Product is not intended to be replaced by users and efforts to access the
battery may damage the Product and
void the 90-Day Limited Warranty for KOSS STRIVA Products. For additional information, visit http://www.koss.com/batteries.
6. Data; Privacy.
6.1 Collection and Use of Data. By using the Product to connect to and/or
access music or other content available through the Internet, certain
information about the Product and
its use will be transmitted to Koss and its affiliates and service
providers. For example, information such
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and recorded. This information may
reveal the location of your Product
or Product usage.
from time to time as set forth in that policy.
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7. Third-Party Services. The Product enables you access to third-party
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Third-Party Services may not be available or appropriate in all
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8. Ownership. Koss or its third-party licensors, as
applicable, retain all rights, title, and interest, including all Intellectual
Property Rights, in and to the Product (including all upgrades and updates
9. Term and Termination. The term of this EULA begins upon your
receipt of the Product and will continue until this EULA is terminated as
permitted in this EULA. This EULA will
terminate automatically and without notice from Koss if you fail to comply with
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10. Disclaimer of Warranties. SUBJECT TO APPLICABLE LAW AND ANY WRITTEN
WARRANTY FROM KOSS, THE PRODUCT IS PROVIDED “AS-IS” AND KOSS MAKES NO EXPRESS
OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS REGARDING THE PRODUCT,
ANYTHING PROVIDED BY KOSS UNDER THIS EULA, OR OTHERWISE REGARDING THIS EULA,
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OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED.
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COMBINATION WITH ANY THIRD-PARTY PRODUCTS THAT ARE NOT PROVIDED BY KOSS AND
THAT ARE INCONSISTENT WITH THE DESIGNED PURPOSE OF THE PRODUCT.
12. High Risk Activities. The Product is not designed or intended for
use in hazardous environments requiring fail-safe performance, including in the
operation of nuclear facilities, aircraft navigation or communication systems,
air traffic control, weapons systems, direct life-support machines, or any
other application in which the failure of any part of the Product could lead
directly to death, personal injury, or severe physical or property damage
(collectively, “High Risk Activities”).
Koss expressly disclaims any express or implied warranty of fitness for High
Risk Activities. Avoid playing the
Product at high volume levels. Some
studies have concluded that prolonged and extensive exposure to noise in excess
of 95dB may impair hearing. Never use
the Product while operating a motorized vehicle. It may create a traffic hazard and is illegal
in many areas. Exercise caution if you
are wearing the Product while engaged in activities such as walking,
race-walking, jogging, cycling, etc. which may bring you in contact with
13.1 Assignment. You
may not assign this EULA without Koss’s prior written consent. This EULA will be binding upon and inure to
the benefit of the parties and their respective successors and permitted
13.2 Governing Law.
This EULA is governed by, and construed in accordance with, the laws of
the State of Wisconsin, U.S.A., without reference to conflicts of law
principles. This EULA is not governed by
the United Nations Convention on Contracts for the International Sale of Goods,
the application of which is expressly excluded.
The parties submit to the exclusive jurisdiction and venue of the state
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13.3 Amendment; No Waiver.
No amendment, waiver, or discharge of this EULA will be valid unless in
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If any provision of this EULA is illegal or unenforceable, then that
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full force and effect.
Sections 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 13
(General) and all others that by their sense and context are intended to
survive this EULA’s termination will survive and continue in effect after this
In this EULA, unless the context otherwise requires, (a) Section
headings are for convenience only and will not affect the construction of this
EULA; (b) references to “including” or any similar terms in this EULA are
intended to be terms of enlargement and not of limitation and will be
interpreted as if followed by the phrase “without limitation”; and (c)
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or re-enacted from time to time and to any subordinate provision made under
13.7 Open Source Software.
Any Open Source Software is licensed to you under the terms of the
applicable public license agreement as indicated in documentation included with
any relevant Striva Device.
13.8 Entire Agreement.
This EULA and any written warranty from Koss constitutes the entire
agreement between the parties regarding this EULA’s subject matter and
supersedes all oral or written prior agreements, representations, proposals,
discussions, and communications related to this EULA’s subject matter. This EULA may be translated into languages
other than English. Non-English versions
of this EULA are for reference purposes only.
The English version of this EULA controls.
Notice RE Shine Open Source Software
Fixed Point is an MP3 encoder. Copyright 1999-2000 Gabriel Bouvigne, 2001
Pete Everett, and other years by other contributors as indicated in the source
code. This library is distributed WITHOUT ANY WARRANTY; without even the
implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Library General Public License
below for more details.
The Shine library incorporated into the Koss Striva Cap product has been
revised by Koss Corporation. Revisions Copyright 2012 Koss Corporation.
The revised Shine library is distributed WITHOUT ANY WARRANTY; without
even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR
PURPOSE. The revised Shine library is
available at http://www.koss.com/en/support/legal
and distributed under the GNU Lesser General Public License, version
GNU LIBRARY GENERAL PUBLIC LICENSE
Version 2, June 1991
(C) 1991 Free Software Foundation, Inc.
51 Franklin St, Fifth Floor, Boston, MA 02110-1301, USA
is permitted to copy and distribute verbatim copies of this license document,
but changing it is not allowed.
[This is the first released version of the library GPL. It is
numbered 2 because it goes with version 2 of the ordinary GPL.]
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STRIVA Battery Information
Rechargeable batteries, including the rechargeable battery in the
Product, lose charge capacity due to use.
Dependent on your use and conditions, over time the battery will power
the Product for less time and may eventually require replacement. The battery in the Product is not intended to
be replaced by users and efforts to access the battery may damage the Product and void the 90-Day Limited Warranty
for KOSS STRIVA Products.
What is the normal time of usage for a fully
charged battery for each product?
STRIVA CAP - 3hrs
STRIVA TAP - 2hrs
STRIVA PRO - 15Hrs
What is the time to charge for each battery?
From fully drained? From 50%?
STRIVA CAP - 1:40, 0:50
STRIVA TAP - 1:40, 0:50
STRIVA PRO - 4:30, 2:15
Batteries left in extreme cold or hot temperatures will have reduced
performance and life.
The battery in the Product is not intended to be replaced by users and efforts to access the battery may damage the Product and void the 90-Day Limited Warranty for KOSS STRIVA Products.
Click here for Professional Battery removal
and disposal information on the STRIVA CAP
Click here for Professional Battery removal and disposal information on the STRIVA PRO
Click here for Professional Battery removal and disposal information on the STRIVA TAP
The Shine code is available for download via the FAQ page (all the way at the bottom)
The links for the source and the binary are:
Effective Date: April 23, 2012
Koss Corporation (“Koss”) provides a customizable music
management system (“System”) via the website located at www.MyKoss.com (“Site”)
and allows you to access and use the System and this Site, subject to these terms
and conditions as modified from time to time (“Terms”). The terms “you” and “your,” as used in these
Terms, refer to any person accessing the System or this Site for any reason.
Please read these Terms carefully.
1. Acceptance of
the Terms. By accessing or using the System or this Site, you acknowledge
and represent that you have read, understand, agree to be bound by, and accept
these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SYSTEM OR
THIS SITE. Although you may “bookmark” a particular portion of this Site and
bypass these Terms, your use of this Site still binds you to these Terms. If
you have a question about these Terms, please email Koss at
2. Right to Use the
System and this Site. Subject to your compliance with these Terms, Koss
grants to you a personal, non-exclusive, non-transferable, limited, revocable
right to enter and use the System and this Site. Any unauthorized use of the
System or this Site terminates the permission granted by Koss to enter and use
the System and this Site. You can use the System only on a device officially
supported by Koss.
Advisory. The System and this Site enable access to content of third
parties such as music and audio files (“Third Party Content”) that may not be
available or appropriate in all locations, that may be subject to additional
terms and conditions, and that may contain content or references to content
that is deemed offensive, objectionable, or indecent. Your access to, listening
to, viewing of, and use of Third Party Content is at your sole risk, and Koss
will have no liability for your access to, listening to, viewing of, or use of
Third Party Content.
4. Registration and
Password Confidentiality. To access certain portions of this Site and to
use the System, you must select a user name and password. You are solely
responsible for preserving the confidentiality of your password and for the
actions of persons accessing this Site or using the System with your user name
and password. Accordingly, you should not share your user name or password with
anyone else, and you should select a password that is not easy to guess, and
that uses a combination of upper case and lower case letters, numbers, and
symbols. You agree to notify Koss
immediately of any loss of or unauthorized use of your user name or
5. Restrictions on
Use. You agree not to do any of the following while using the System or
Use the System or this Site to reproduce,
prepare derivative works based upon, distribute, publicly perform or display,
store, or modify copyrighted materials or otherwise violate a third party’s
Intellectual Property Rights (as that term is defined below).
Translate, reverse engineer, decompile, or
modify the System or this Site.
Use any automated means to access the System or
this Site or collect any information from this Site (including, without
limitation, robots, spiders, scripts, or other automatic devices or programs).
Frame this Site, utilize framing techniques to
enclose any service mark, logo, or other proprietary information, place pop-up
windows over its pages, or otherwise affect the display of its pages.
Engage in the practices of “screen scraping,”
“database scraping,” or any other activity to obtain materials, lists of users,
or other information for an unauthorized purpose.
Use any meta tags or any other “hidden text”
that includes Koss’ name, trademarks, or service marks, or use any Koss logo or
other proprietary graphic, trademark, or service mark as part of a link.
Gather any person’s information available from
this Site or transmit any unsolicited advertising, junk mail, “spam,” or chain
Impersonate or misrepresent your affiliation
with any person or entity or create a false identity to mislead Koss or others.
Submit false or misleading information.
Repeat any action after you receive a warning or
request from Koss to stop, whether or not that action is explicitly prohibited
in Koss’ policies.
Fail to respond to communications from Koss
regarding a violation, dispute or complaint.
Violate any other policies applicable to this
Site or the System.
Use this Site or the System in any manner that
is inconsistent with or violates applicable law or these Terms or that could
damage, disable, overburden, or impair this Site or the System, or interfere
with any other party’s use and enjoyment of this Site or the System.
Koss may terminate your use of the System and this Site for any reason,
including, without limitation, if Koss believes that you have violated or acted
inconsistently with these Terms. Koss may also modify or discontinue providing
the System or this Site, or any part thereof, with or without notice. Koss is
not liable to you or any third party for any termination of your access to the
System or this Site, or any modification or termination of the System or this
This Site may contain links to www.Koss.com. The products and services offered
for sale on www.Koss.com are subject to availability, and the prices for such
products and services are subject to change without prior notice. Before making a purchase through a link on
8. Accuracy of
Information on this Site. Koss attempts to provide only accurate
information, but some inaccuracies may occasionally be present. By using this
Site you acknowledge that Koss will not be liable or responsible for any damage
or loss caused by or in connection with the use of or reliance on any
information on this Site. If you find any information on this Site to be
inaccurate, please alert Koss at email@example.com.
Property. Except as expressly stated in these Terms, Koss and its third
party licensors, as applicable, retain all rights, title, and interest in and
to the System and this Site, which are protected by U.S. and international
copyrights, trademarks, and other intellectual property and proprietary rights
(collectively, “Intellectual Property Rights”). KOSS, KOSS (stylized), KOSS and
design, HEARING IS BELIEVING, KOSS CLASSICS, KOSS CLASSICS and design, PORTA
PRO, SPARK PLUG, SPORT CLIP, THE SOUND OF KOSS, and QUIET ZONE, are Registered
in the U.S. Patent and Trademark Office and are trademarks of Koss Corporation
in other countries. Related indicia and product trade dress are trademarks of
Koss Corporation. The absence of any product or service name from this section
does not constitute waiver of trademark rights.
You may not use any Koss trademarks to imply any endorsement or affiliation
of any product or service without written permission from Koss Corporation. All
other marks contained on this Site or in the Service are the property of the
Information; Electronic Communications. You represent and warrant that all
information that you submit to Koss through this Site is complete and accurate.
By submitting your contact information to Koss through this Site (e.g., by
registering), you authorize Koss to send electronic mail to you. If you do not
want to receive e-mails from Koss, you may follow the instructions in the
e-mail to remove your e-mail address from the mailing list. If Koss has reasonable grounds to believe
that the information you provided is untrue, inaccurate, incomplete, or
outdated, Koss may suspend or terminate your use of this Site or the Service or
otherwise refuse to perform any requested services.
regarding information we collect through your use of the System and this
of these Terms, and is incorporated herein by reference.
12. Links to
External Sites. Koss may provide links on this Site to other independent
websites on the Internet that are owned and operated by third parties not under
the control of Koss. These links are not intended as an endorsement by Koss of
the entity or individual operating the website or a warranty of any type
regarding the website or the information on the website. By using this Site,
you acknowledge that Koss is not liable or responsible 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 or services available on or through any such site or
13. Dealings with
Third Parties. Your correspondence or business dealings with third parties,
such as providers of Third Party Content, found on or through this Site,
including payment and delivery of related goods or services, and any other
terms, conditions, warranties, or representations associated with such
dealings, are solely between you and that third party. You agree that Koss is
not responsible or liable for any loss or damage incurred as the result of any
such dealings or as the result of the presence of such third party on this
14. No Warranty; Disclaimers. THE
SYSTEM AND THIS SITE, AND ALL SERVICES, CONTENT, AND EVERY OTHER ASPECT THEREIN
(COLLECTIVELY, “COMPLETE SYSTEM”) ARE PROVIDED “AS IS,” AND WITH ALL FAULTS AND
THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORTS, AND
RESULTS IS WITH YOU. KOSS, ON BEHALF OF
ITSELF AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS,
AND LICENSORS, EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS,
IMPLIED OR STATUTORY) FOR THE COMPLETE SYSTEM, INCLUDING, WITHOUT LIMITATION
OF: (A) TITLE; (B) NON-INFRINGEMENT; (C) MERCHANTABILITY; (D) FITNESS FOR A
PARTICULAR PURPOSE OR USE; (E) PRIVACY OR SECURITY; (F) INDEMNITY; (G) RESULTS,
ACCURACY, VALIDITY, COMPLETENESS OF INFORMATION, FUNCTIONALITY, OR
AVAILABILITY; (H) OF MISREPRESENTATION, DEFAMATION, PORNOGRAPHY, OBSCENITY OR
THE LIKE; OR (I) ANY CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE OF
PERFORMANCE. WITHOUT LIMITING THE FOREGOING, KOSS DOES NOT PROMISE OR WARRANT
TO YOU THAT ANY ASPECT OF THE COMPLETE SYSTEM WILL WORK PROPERLY, OPERATE
ERROR-FREE, OR BE AVAILABLE CONTINUOUSLY. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE COMPLETE SYSTEM IS DONE AT YOUR OWN DISCRETION
AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM KOSS OR THROUGH OR FROM THE COMPLETE SYSTEM CREATES ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS. Some states do not allow the disclaimer of
implied warranties, so the foregoing disclaimer may not apply to you. This
warranty gives you specific legal rights, and you may also have other legal
rights, which vary from state to state.
15. Limitation of Liability AND EXLCUSIVE
REMEDY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR SOLE REMEDY FOR ANY
OF ANY NATURE (INCLUDING TORT) RELATING TO THEM OR TO THE COMPLETE SYSTEM FROM
KOSS AND/OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS, AND LICENSORS, SHALL BE, AT OUR OPTION: (A) SUBSTITUION OR
REPLACEMENT OF ALL OR PART OF THE COMPLETE SYSTEM THAT GIVES RISE TO DAMAGES
INCURRED BY YOU IN REASONABLE RELIANCE ON US; OR (B) THE AMOUNT OF DIRECT
DAMAGES ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE, WHICH AMOUNT SHALL NOT
EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR THE ITEM GIVING RISE TO YOUR
DAMAGES. Some jurisdictions do not allow the foregoing limitations of
liability, so they may not apply to you.
16. NO INCIDENTAL,
CONSEQUENTIAL, OR CERTAIN OTHER DAMAGES.
TO THE FULL EXTENT ALLOWED BY LAW AND EXCEPT FOR DAMAGES FOR
INFRINGEMENT OF OUR CONTENT, YOU AGREE THAT NEITHER KOSS NOR ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS WILL BE LIABLE
TO YOU AND/OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL,
INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OR THE LIKE (INCLUDING WITHOUT
LIMITATION, LEGAL, EXPERT AND CONSULTANT FEES AND COSTS), OR FOR DAMAGES FOR
(WITHOUT LIMITATION): LOST PROFITS OR OPPORTUNITY, LOSS OF GOODWILL, LOSS OF
USE, LOSS OF PRIVACY OR SECURITY OR DATA, FAILURE TO MEET ANY DUTY (INCLUDING
BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH OR OF LACK OF NEGLIGENCE OR OF
WORKMANLIKE EFFORT), THAT ARISE OUT OF OR ARE RELATED TO THE COMPLETE SYSTEM OR
TO ANY BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR
STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.
You agree to indemnify, defend and hold Koss, and its subsidiaries, affiliates,
officers, agents, co-branded partners or other partners, and employees,
harmless from any claims, damages, expenses (including reasonable attorneys’
fees), allegations, losses and liabilities arising from or related to (a) your
violation of these Terms, (b) your use of the Complete System, (c) information
that you submit or transmit through this Site, (d) your access to or use of
linked sites, and (e) any dealings between you and any third parties referenced
in the Complete System.
18. Void where
Prohibited. Koss controls, operates, and administers this Site from its
offices in Milwaukee, Wisconsin. Not all features, products or services offered
through or on this Site are intended to be available to persons or in all
geographic locations, or are appropriate or available for use outside the United
States. Koss reserves the right to limit the provision and quantity of any
feature, product or service to any person or geographic area. Any offer for any
feature, product or service made on this Site is void where prohibited. If you
choose to access this Site from outside the United States, you do so on your
own initiative, and you are responsible for complying with applicable local
19. Choice of Law;
Dispute Resolution. All matters relating to your access to and use of the
Complete System, including purchases made on this Site, are governed in all
respects by the laws of the State of Wisconsin as such laws are applied to
agreements entered into and to be performed entirely within Wisconsin between
Wisconsin residents. You agree that any action at law or in equity arising out
of or relating to these Terms or arising out of your use of the Complete System
will be resolved individually through binding arbitration in Milwaukee County,
Wisconsin using the then-current rules of the American Arbitration Association,
and the resulting decisions may be entered in any court with proper
jurisdiction. This means that if you have a grievance with us, you cannot take
us to court, and you may not join your action with any other party. You can
address such grievances through arbitration only, and you are hereby consenting
to arbitrate only in Milwaukee County, Wisconsin using Wisconsin laws (without
regard to Wisconsin rules on conflict of laws). To the fullest extent allowed
by law, any such controversy or claim must be arbitrated on an individual
basis, and will not be consolidated in any arbitration with any claim or
controversy of any other party. Notwithstanding the foregoing, either party may
seek any interim or preliminary relief from a court of competent jurisdiction
in Milwaukee County, Wisconsin as necessary to protect the party’s rights or
property pending the completion of arbitration. By using this Site, you consent
and submit to the exclusive jurisdiction and venue of the state and federal
courts located in Milwaukee County, Wisconsin.
20. General. If
any portion of these Terms is deemed unenforceable, that portion will be
enforced to the maximum extent possible so as to give effect to the parties’
intent as reflected by that provision, and the remaining portions of these
Terms will be given full effect. Koss’ failure to act in a particular
circumstance, including any failure by Koss to enforce or exercise any
provision of these Terms, does not waive the ability to act with respect to
that circumstance or similar circumstances in the future. Koss will be excused
for any failure to perform to the extent that its performance is prevented by
any reason outside of its reasonable control. No agency, partnership, joint
venture, employment or franchise relationship is intended or created by these
Terms. Koss may assign its rights and obligations under these Terms to an
entity that acquires all or substantially all of the assets of Koss or to any
subsidiary or successor in a merger or acquisition involving Koss. You may not
assign your rights and obligations under these Terms. These Terms, in addition to any other written
agreement between you and Koss, constitute the entire agreement between Koss
and you with respect to your access to or use of this Site, superseding any
prior versions of these Terms. If an express conflict exists between these
Terms and a written agreement between you and Koss, such written agreement
supersedes these Terms.
21. Changes to
These Terms. We may, at our sole discretion, revise these Terms at any
time. When we do so, we will update the effective date that appears at the
beginning of these Terms. Subsequent
versions of these Terms, or revisions thereto, shall be effective when posted,
so please check these Terms regularly for any updates. Your use of the System
or this Site after such changes are posted constitutes your acceptance of the
Regarding Copyright Agent. Anyone
who believes that their work has been reproduced in this Site or in the Service
in a way constituting copyright infringement may provide a notice to the
designated Copyright Agent containing the following:
A. An electronic or physical signature of a
person authorized to act on behalf of the owner of the copyright interest
allegedly being infringed;
B. Identification of the copyrighted work
claimed to have been infringed;
C. Identification of the material that is
claimed to be infringing and information reasonably sufficient to permit us to
locate the material;
D. The address, telephone number, and, if
available, an e-mail address at which the complaining party may be contacted;
E. A statement that the complaining party
has a good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law;
F. A statement that the information in the
notice is accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
Copyright infringement claims and notices (but not other
notices) should be sent to the attention of John Patton of K&L Gates LLP in
the following manner:
• by mail: John Patton
K&L Gates LLP
1717 Main Street, Suite 2800
Dallas Texas 75201
• by phone: 214-939-5500
• by fax: 214-939-5849
• by e-mail: firstname.lastname@example.org
Effective Date: April 19, 2012
By accessing or using this Site or the System, you
acknowledge and represent that you have read, understand, agree to be bound by,
question about these Terms, please email Koss at email@example.com.
Use. Please note that this privacy
policy applies only to information collected on or through www.MyKoss.com
(“Site”) and to information collected through the use of any Device together
with the customizable music management system (together, the “System”) provided
www.Koss.com and other sites may differ.
Corporation, the terms “you” or “your” refer to any person accessing the System
or this Site for any reason, and the term “Device” means a properly licensed
Koss device, such as the Striva Cap device, Striva Tap device, and Striva Pro
We Value Your
We value the privacy of our customers, and we understand
regular basis to stay informed of what information we collect from or about
you, how we use this information, who we share it with, and how we protect
it. We collect information about you
that you provide in connection with your registration on the Site; you cannot
use all of the features and functionalities of the System without registering
on the Site and providing the information that is required to register.
You Affirmatively Provide
We collect information that you provide when you register
to use the System on this Site, including but not limited to:
your first and last name
We may allow you to rate music or audio content delivered
to your Device, or to otherwise provide information about what you like to
listen to. If you choose to do so, we
collect that information. We may also
collect information about you when you contact us with a suggestion, question
We do not intentionally collect personal information from
children under the age of 13. If you are
under the age of 13, please do not submit any information through this
Site. Have a responsible adult submit
the information instead.
Information That We
When you use a Device in connection with the System, or
otherwise to connect to and/or access music or other content available through
the Internet, we automatically collect information about your Device and your
use of the Device. For example,
information such as the IP address or other identifiers of the computer,
router, or equipment that the Device uses to connect to the Internet, and any
unique device identifiers (such as the MAC address) will be transmitted and
recorded. This information may reveal
the location of your Device and
When you register on the Site to use the System, we
collect, and will continue to collect, additional information about you and
about your use of the System. For
example, we collect and store information regarding the preferences that you
have set for your Device, such as volume, treble, bass, and other settings, and
we link that information to the other information that we automatically
collect, and to the information that you affirmatively provide, including
personal information about you. We may also collect information about the music
or audio content that you listen to.
We may allow information collection on the Site by
analytic service provider(s), including Google Analytics. We and/or our service providers use certain
Internet technologies to collect information about users of the Site. For instance, we and/or our service providers
use "cookies" (small pieces of information that are transferred by a
website and stored on your computer or web browser) to determine how you
reached the Site and to track your usage patterns during your visits to the
Site and when you choose to leave the Site.
We and/or our service providers also collect information such as your IP
address, operating system, web browser software, screen resolution, and
referring website, from your web browser every time you request a page during a
visit to the Site. We use this
information to improve the function, content, appearance, and capability of the
Site. We also provide this information
to suppliers, advertisers, affiliates, and other current and potential business
partners so that they can market products or services to you; when we provide
such information, we generally try to do so in a manner that does not
personally identify you, but they may be able to do so.
Most web browsers automatically accept cookies, but you
may be able to turn that feature off by changing your browser preferences to
so. Please note that rejecting cookies
may limit the features available to you on the Site. You may be able to opt-out of some analytics
collection—please visit http://www.google.com/analytics/ to learn what options
you have with Google Analytics.
How We Use and
Disclose Information That We Collect
We Disclose information that you affirmatively provide and
information that we automatically collect about you to outside parties to: help
fulfill your request(s); be in contact with you about the Site, System, Devices
or other products or services we or they offer; notify you of special
promotions, surveys, contests, sweepstakes, and other opportunities from us,
them, or our affiliates or marketing partners; serve you with advertisements
based on: (i) your preferences; (ii) Device, Site or System usage; (iii)
location; and (iv) any other information that you affirmatively provide or that
we automatically collect; and operate and improve the Site, System, and other
products and services that we develop.
By “Disclose” we collectively mean using, accessing (or barring access),
processing, fulfilling, disclosing, receiving, displaying, sharing,
transferring, storing, selling, leasing, licensing, retaining, combining,
investigating, verifying, proving, enforcing and otherwise dealing with,
voluntarily or involuntarily, information.
We may use information that you affirmatively provide and information
that you do not affirmatively provide for any of these purposes, and for
certain administrative and analytical purposes such as information systems
We reserve the right to Disclose any information that you
affirmatively provide, or that we automatically collect about you, when we
believe it is necessary to identify, contact, investigate, or bring legal
action against persons or entities who we suspect may be causing injury to you,
us, or others, or otherwise when we think (in our sole discretion) that doing
so could help prevent any potential crime or harm to you, us, or others.. We
may also Disclose any information that you affirmatively provide, or that we
collect about you in response to court orders, subpoenas, investigations or
requests, or in connection with legal or administrative proceedings. If we choose to do so, we may provide you
with notice in advance of any such Disclosure, but we undertake no obligation to
We reserve the right to share any information you
affirmatively provide, or that we automatically collect about you, in
connection with a corporate transaction or in connection with the sale, merger,
or reorganization of our company.
Retention of Information
You Affirmatively Provide, or That We Collect About You
We tend to retain information that you affirmatively
provide, or that we collect about you, for the length of time that we, in our
good faith discretion, believe to be necessary to fulfill the purposes for
which we collected it, to comply with applicable laws or contracts, and to
operate our business. For example, we
keep information that you affirmatively provide, or that we collect about you,
as long as you continue to use the Site or System.
Access and Updates
to Information About You
We do not maintain all information that you affirmatively
provide or that we collect about you in a form that can be accessed or updated
by you, and some information may be held by third parties that we do not
control. Even if you delete your account
through this Site, we may retain information you affirmatively provide and
information that we automatically collect about you. You may access or update personal information
in our records that we make eligible for updating by making a written request
Koss Corporation, ATTN: Legal
4129 North Port Washington Ave.
Milwaukee, WI 53212.
Your request to access or update information must include
a clear identification of the information at issue and, if relevant, an
explanation of the changes you want made to it, as well as proof of your
identity and authority to make the request.
While we do not currently do so, we reserve the right to charge for
handling your request(s) subject to applicable law.
If feasible, we will honor qualified requests that comply
privacy rights of others. Requests to access information will be complied with
by supplying you with a copy of the information and/or otherwise providing you
access to the same.
If you believe that you are a victim of identity theft,
you may be entitled by law to request information from us. You can do this by writing to the address
above. If we receive a request, we will
then explain what information we require in order to respond. Once we have all of the required information,
we will supply, without charge, any information that we then have which we are
legally required to provide (subject to applicable law, and reserving all rights
How We Try To
Secure Your Information
The security of your information is important to us,
however, no data transmission over the Internet can be guaranteed to be
completely secure. We have implemented what we believe to be reasonable security
measures to protect the information we collect, but we cannot promise, ensure
or warrant the security of any information you affirmatively provide, or that
we collect about you.
You may use your Device to listen to music or content provided
by third parties. When you do so, such
third parties may receive information about you, your Device, your use of your
Device, and your location. Koss does not
review the practices of any third parties, and makes no representations about
their data collection or use practices.
The System and this Site may contain links or otherwise
enable access to websites operated by third parties. Please note that when you click on one of
these links or otherwise access a third party website you are leaving Koss’s
website and entering a website operated by the third-party. These third parties
you. Any information that you submit to
policies of any third parties with whom you come into contact as a result of
using the System or visiting this Site.
if There is a Security Breach
If we or any of our subsidiaries, affiliates, or service
providers are required by applicable law or contract to provide notice of
unauthorized acquisition, access, use, or disclosure of personal information
about you, or of other invasions of certain security systems, you agree that we
may do so by posting an electronic notice on our Site or by sending notice to
any e-mail address that we have on file for you, in our good faith discretion.
you are concerned that we have not followed the principles set forth herein,
please send an e-mail to us at firstname.lastname@example.org or write to us at Koss
Corporation, 4129 North Port Washington Ave, Milwaukee, WI 53212.
at any time. When we do so, we will update the effective date that appears at
updates. Any changes will apply to information collected from the date we
update the policy, and to existing information we hold. Your use of the System or this Site after
such changes are posted constitutes your acceptance of the changes.