Website Terms of Use

Website Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to our website located www.celestion.com (our site) and all associated sites linked to our site by GP Acoustics (UK) Limited.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. THESE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE. YOUR CONTINUED USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF ANY CHANGES MADE TO THESE TERMS OF USE.

What's in these terms?

These terms tell you the rules for using our site.

Click on the links below to go straight to more information on each area:

Who we are and how to contact us

www.celestion.com (our site) is a site operated by GP Acoustics (UK) Limited ("We"). We are registered in England and Wales under company number 02711002 and have our registered office at Business Unit 111, Claydon Business Park, Great Blakenham, Ipswich, Suffolk IP6 0NL Park, Great Blakenham, Ipswich, Suffolk IP6 0NL. Our main trading address is. Our VAT number is GB 573 8969 72.

We are a limited company under the laws of the UK and registered to do business in the U.S.

To contact us, please email info@celestion.com

By using our site you accept these terms

BY USING OUR SITE, YOU CONFIRM THAT YOU ACCEPT THESE TERMS (TERMS OF USE) AND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE OUR SITE.

We recommend that you print a copy of these Terms of Use for future reference.

There are other terms that may apply to you

These Terms of Use refer to the following additional policies and terms, which also apply to your use of our site, the terms and conditions of which are incorporated herein, as applicable:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on our site.

We may make changes to these terms

We amend these Terms of Use from time to time. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Every time you wish to use our site, please check these Terms of Use to ensure you understand the Terms of Use that apply at that time. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to access and use our site.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes, but are under no duty or obligation to do so and any changes or amendments to the site will be made in our sole and absolute discretion.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, but are under no duty or obligation to do so.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of the Terms of Use and other applicable terms and conditions, and that they comply with them.

Our site is only for users in the UK and the U.S.

Our site is directed to people residing in the United Kingdom and the United States of America (U.S.). We do not represent that content available on or through our site is appropriate for use or available in other locations.

You must keep your account details safe

Certain features or services offered on the site may require you to open an account (including the setting up of a password or any other piece of information as part of our security procedure). You are entirely responsible for maintaining the confidentiality of the information on your account, including any password, and for any and all activity which occurs on your account. You must treat your account details as confidential and must not disclose them to any third party.

We have the right to disable any account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the Terms of Use.

If you know or suspect that anyone other than you knows your account details or password, or you suspect any other breach of security, you must notify us immediately at digitalinfo@celestion.com. You may be held liable for any losses incurred by us or any other user of or visitor to the site due to someone else using your account or password as a result of failing to keep such information secure and confidential.

Your account and password are personal to you. Do not provide access or allow or permit any third party to access your account or password. Similarly, you should not use anyone else’s account or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with these security obligations.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Except as otherwise expressly provided for in the Terms of Use, no part of the site, including, but not limited to, any text, graphics, user or visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code or any other materials or content of any kind (collectively, “Content”) may be copied, reproduced, republished, uploaded, downloaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website, or device, or other medium of any kind for any reason, without our express prior written consent.

You may use information on our site, and the products and services purposely made available by us to you, including for purchase, for downloading from the site provided that: 1) your use is for personal, non-commercial informational purposes, 2) any proprietary notice contained within such information is retained, 3) no modifications are made to any such information, products and services, and 4) you acknowledge, understand and agree that We make no warranties or representations regarding such information, products and services other than what is expressly provided in these Terms of Use or any other of policies or terms as incorporated herein.

For the avoidance of doubt, you must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

You may not use any automatic device, algorithm or methodology or equivalent manual process to access, obtain, monitor or copy any part of our site or any of its Content, including any reproduction or bypassing of the structure or presentation of the site or any Content, so to obtain or attempt to obtain any materials, documents or information through any means nor purposely made available through the site. We expressly reserve our right to block any such activity.

Any violation of the terms and conditions of this section of the Terms of Use constitutes a material breach of these Terms of Use, and your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you copied, reproduced, republished, uploaded, downloaded, posted, publicly displayed, encoded, translated, transmitted or distributed in violation hereof.

You may not use our site for any or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the Content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information and/or convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them and we are not responsible for nor do we endorse the content of these other sites or resources.

We have no control over the contents of those sites or resources and you assume all risk by accessing and using any such third party sites.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us

Our responsibility for loss or damage suffered by you Whether you are a consumer or a business user in the UK

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our terms and conditions of supply

If you are a business user in the UK:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our site; or
    • use of or reliance on any content displayed on our site.
  • In particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

If you are a consumer user in the UK:

  • Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

If you are a user in the U.S:

THE WARRANTIES SET FORTH IN THIS SECTION OF THESE TERMS OF USE CONCERNING THE SITE, ITS OPERATION AND FUNCTIONALITY, AND ITS CONTENT ARE EXCLUSIVE AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.

THE SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. WE MAKE NO WARRANTIES WITH RESPECT TO THE OPERATION, FUNCTION, PERFORMANCE AND AVAILABILITY OF THE SITE. WE DO NOT WARRANT THAT THE SITE WILL OPERATE, FUNCTION OR PERFORM UNINTERRUPTED OR “BUG” FREE, OR THAT THE FUNCTIONALITY OF VARIOUS ASPECTS OF THE SITE WILL MEET YOUR EXPECTATIONS.

IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) YOUR USE OF OR INABILITY TO USE THE SITE, (2) RELIANCE ON ANY CONTENT APPEARING ON THE SITE; (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, (4) INFORMATION COMMUNICATED THROUGH CHAT ROOMS OR MESSAGE BOARDS, OR (5) ANY OTHER FAILURE OF THE SITE, INCLUDING ITS OPERATION, FUNCTION, PERFORMANCE AND AVAILABILITY, REGARDLESS OF WHETHER ANY SUCH CLAIM ARISING FROM YOUR ACCESS AND USE OF THE SITE IS BASED ON CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH LOSES IN ADVANCE. WE SHALL NOT BE RESPONSIBLE FOR ANY COSTS OR DAMAGES ASSOCIATED WITH THE LOSS OF USE OF THE SITE OR ANY OTHER RESOURCES, LOSS OF BUSINESS OR PROFITS, ANY LOSS OF DATA, OR ANY THIRD PARTY CLAIMS. FURTHER, WE SHALL HAVE NO LIABILITY FOR ANY HARDWARD, SOFTWARE OR DATA STORED OR USED WITH THE SITE, INCLUDING THE COSTS OF REPAIRING, REPLACING OR RECOVERING SUCH HARDWARE, SOFTWARE OR DATA. Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to you.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty, including from and against all losses, costs, damages, expenses, or liabilities as a result of, arising out of or in connection with a claim asserted by a third party against us as a result of your breach.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a royalty-free, perpetual, irrevocable, worldwide license to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy

You are solely responsible for securing and backing up your content.

DMCA Claims and Notices in the U.S. for Copyright Infringement

The following section provides our process for receiving and handling claims in the U.S. for alleged copyright violations under the Digital Millennium Copyright Act of 1998 (the “DMCA”).

Notification of Claims of Copyright Infringement. If you believe that any material on this site infringes upon any copyright you own or control, or that any link on this site directs users to another website containing material that infringes upon any copyright you own or control, you may file a notification of such infringement with our Designated Copyright Agent as set forth below.

Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement. We will respond expeditiously to notices of alleged infringement that are reported to Company's Designated Agent. Contact Company’s Designated Agent as follows: digitalinfo@celestion.com

If you believe that your copyright has been infringed upon, please submit written notification to Company's Designated Agent as specified above and include the following:

  • Identification of the copyrighted work claimed to have been infringed upon, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that you're claiming has been infringed upon or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Your full name, mailing address, telephone number, and, if available, e-mail address.
  • Both of the following statements:
    • "I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. as a fair use)."
    • "I hereby state that the information in this notification is accurate and, under penalty of lying under oath, that I am the owner, or authorized to act on behalf of the owner, of the copyright, or of an exclusive right under the copyright that is allegedly infringed."
  • Your full legal name and your electronic or physical signature.

Infringer Policy. In accordance with the DMCA, the text of which may be found on the U.S. Copyright office website at:

http://www.copyright.gov/legislation/dmca.pdf

and other applicable law, we have adopted a policy of banning, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to any website hosted by us and/or terminate the accounts of any users who infringe upon any intellectual property rights of others, whether there is any repeat infringement.

Counter Infringement Policy. A poster of allegedly infringing material may make a counter-notification pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When we receive a counter-notification, we may, in our sole discretion, reinstate the material in question. To provide a counter-notification, please submit written notification to our Designated Agent as specified above and include the following:

  • Identification of the material that has been removed or to which access has been disabled by us and the location at which the material appeared before it was removed or access was disabled.
  • A statement as follows: "I hereby state, under penalty of lying under oath, that I have a good-faith belief that the material was removed or disabled because of mistake of misidentification of the material to be removed or disabled."
  • Your full name, mailing address, telephone number, and, if available, e-mail address.
  • A statement as follows: "I hereby consent to the authority of the Federal District Court for the judicial district in which the complaining party may be found, and I will accept service of process from the complaining party who notified GP Acoustics (UK) Limited of the alleged infringement or an agent of such person."
  • Your full legal name and your electronic or physical signature.

U.S. Government End Users.

If you are affiliated with the U.S. government, then you should know that the software and documentation available on this Site is “commercial items,” as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 27.7202-4 (June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy

If you wish to link to or make any use of content on our site other than that set out above, please contact digitalinfo@celestion.com.

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our trade marks are registered

The following trademarks are registered or pending registration in the U.S.:

  • U.S. Registration No. 1039923 for CELESTION [standard character mark]
  • U.S. Registration No. 2129679 for CELESTION [stylized design]
  • U.S. Serial No. 87225193 for CELESTION [standard character mark]