FOR CONSUMERS, WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. THIS WARRANTY DOES NOT EXCLUDE, LIMIT OR SUSPEND ANY RIGHTS OF CONSUMERS ARISING OUT OF NON-CONFORMITY WITH A SALES CONTRACT. SOME COUNTRIES, STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATIONS OR EXCLUSIONS DESCRIBED BELOW MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY COUNTRY, STATE OR PROVINCE. THIS LIMITED WARRANTY IS GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE COUNTRY IN WHICH THE PRODUCT PURCHASE TOOK PLACE. HEADPLAY, INC., THE WARRANTOR UNDER THIS LIMITED WARRANTY, IS IDENTIFIED AT THE END OF THIS DOCUMENT ACCORDING TO THE COUNTRY OR REGION IN WHICH THE PRODUCT PURCHASE TOOK PLACE.

HEADPLAY, INC.’s warranty obligations for this hardware product are limited to the terms set forth below:

HEADPLAY, INC. (“HEADPLAY”) warrants the HEADPLAY^TM-branded Personal Cinema System (the “Product”) against defects in materials and workmanship under normal use for a period of ONE (1) YEAR from the date of purchase by the original end-use purchaser (the “Warranty Period”). This warranty does not apply to accessories. If a hardware defect arises and a valid claim is received within the Warranty Period, HEADPLAY, at its option and to the extent permitted by law, will either (1) repair the hardware defect at no charge, using new or refurbished replacement parts, (2) exchange the Product with a Product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the new Product, or (3) refund the purchase price of the Product. HEADPLAY may request that you replace defective parts with new or refurbished user-installable parts that HEADPLAY provides in fulfillment of its warranty obligation. A replacement Product or part, including a user-installable part that has been installed in accordance with instructions provided by HEADPLAY, assumes the remaining warranty of the original Product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a Product or part is exchanged, any replacement item becomes your property and the replaced item becomes HEADPLAY’s property. Parts provided by HEADPLAY in fulfillment of its warranty obligation must be used in Products for which warranty service is claimed. When a refund is given, the Product for which the refund is provided must be returned to HEADPLAY and becomes HEADPLAY’s property.


EXCLUSIONS AND LIMITATIONS: This Limited Warranty applies only to hardware Products manufactured by or for HEADPLAY that can be identified by the “HEADPLAY^TM” trademark, trade name, or logo affixed to them. The Limited Warranty does not apply to any non-HEADPLAY hardware products or any software, even if packaged or sold with HEADPLAY hardware. Manufacturers, suppliers, or publishers, other than HEADPLAY, may provide their own warranties to the end user purchaser, but HEADPLAY, in so far as permitted by law, provides their Products “as is”. Software distributed by HEADPLAY with or without the HEADPLAY^TM brand name (including, but not limited to system software) is not covered under this Limited Warranty. Refer to the licensing agreement accompanying the software for details of your rights with respect to its use.

HEADPLAY does not warrant that the operation of the Product will be uninterrupted or error-free. HEADPLAY is not responsible for damage arising from failure to follow instructions relating to the Product’s use.

This warranty does not apply: (a) to damage caused by use with non-HEADPLAY products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside of the permitted or intended uses described by HEADPLAY; (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of HEADPLAY or a HEADPLAY Authorized Service Provider; (e) to a Product or part that has been modified to alter functionality or capability without the written permission of HEADPLAY; (f) to consumable parts, such as batteries, unless damage has occurred due to a defect in the materials or workmanship; (g) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports, that does not otherwise affect the Product’s functionality or materially impair your use; (h) if any HEADPLAY serial number has been removed or defaced; or (i) to damage caused by improper packaging when returning the Product.

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEMDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, HEADPLAY SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF HEADPLAY CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICES AS DETERMINED BY HEADPLAY IN ITS SOLE DISCRETION. No HEADPLAY reseller, agent, or employee is authorized to make any modification, extension or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, HEADPLAY IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH HEADPLAY PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSSLY NEGLIGENT ACTS AND/OR OMISSIONS. HEADPLAY DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA.

OBTAINING WARRANTY SERVICE: Customer must contact a HEADPLAY Technical Support or Customer Service Representative within the applicable Warranty Period to obtain a warranty Return Material Authorization (“RMA”). To obtain contact information, please refer to the support section of the HEADPLAY website. Dated proof of original purpose will be required. Products or parts shipped by Customer to HEADPLAY must be sent postage-paid and packaged appropriately in the original packaging for safe shipment. HEADPLAY is not responsible for returned Products received without a warranty RMA (which can be obtained from a HEADPLAY Technical Support or Customer Service Representative) and may reject such Products. Repaired or replacement Products will be shipped to the Customer at HEADPLAY’s expense. All returned Products or parts that are replaced become the property of HEADPLAY. The repair and replacement process for Products or parts in locations outside of the United States will vary depending on Customer’s location.

Service options, parts availability and response times may vary according to the country in which service is requested. Service options are subject to change at any time. You may be responsible for shipping and handling charges if the Product cannot be serviced in the country in which service is requested. If you seek service in a country that is not the country of purchase, you will comply with all applicable export laws and regulations and be responsible for all custom duties, VAT and other associated taxes and charges. For international service, HEADPLAY may repair or exchange defective Products and parts with comparable Products and parts that comply with local standards. In accordance with applicable law, HEADPLAY may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. Please refer to the accompanying documentation for more details on this and other matters on obtaining warranty service.

HEADPLAY will maintain and use customer information in accordance with HEADPLAY customer privacy policy accessible at www.headplay.com/privacy.

If your Product is capable of storing software programs, data and other information, you should make periodic backup copies of the information contained on the Product’s hard drive or other storage media to protect the contents and as a precaution against possible operational failures. Before you deliver your Product for warranty service it is your responsibility to keep a separate backup copy of the contents, and disable any security passwords. IT IS POSSIBLE THAT THE CONTENTS OF YOUR HARD DRIVE WILL BE LOST OR REFORMATTED IN THE COURSE OF WARRANTY SERVICE, AND HEADPLAY AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO OR LOSS OF PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE MEDIA OR ANY PART OF THE PRODUCT SERVICED. Your Product will be returned to you configured as originally purchased, subject to applicable updates. You will be responsible for reinstalling all other software programs, data and passwords. Recover and reinstallation of software programs and user data are not covered under this Limited Warranty.