WEBSITE TERMS OF USE
1. WHO ARE WE? WHAT IS THE PURPOSE OF THIS WEBSITE?
The Terms and Conditions of Use ("Terms of Use") govern your use of the website on which you are currently located ("Website"). The Website is owned and operated by Framework AG with its registered office in Switzerland at 6331 Hünenberg, Rothusstrasse 23 ("we", "us" or "our"). You can contact us via our contact page , which is managed by our customer service department. We use the Website to promote and provide information about our products and our business and promotional initiatives.
You can also purchase our products on the website. If you purchase products on the website, the purchase is subject to our terms and conditions of sale , which include details of which Framework AG companies would sell the products to you.
2. WHAT IF I AM ASKED TO REGISTER AND OPEN AN ACCOUNT?
To access certain features of the Website (for example, to view your order history), you must register and open a personal account ("Account").
You are responsible for all activity that takes place through your account unless it can be proven that your account has been used by a third party without your consent.
You are responsible for protecting your access details and keeping them confidential. We will not be liable for any loss or damage you suffer as a result of your breach of these obligations. We may terminate or suspend your account at any time and without notice if (i) we believe that you are using your account in breach of these Terms of Use, (ii) we believe that a third party is using your account without your consent, or (iii) for reasonable security or maintenance purposes.
You can cancel your account at any time by contacting customer service via our contact page.
3. WHAT HAPPENS WHEN I UPLOAD CONTENT OR COMMENTS GENERATED BY ME?
The Website contains areas that allow users to upload User Generated Content ("BGI"), for example, you may be able to upload photos or post comments. In relation to such BGI, we are a mere hosting provider and accept no responsibility or liability for the content itself.
You must not provide BGI that is illegal, obscene, indecent or defamatory, that promotes racial, ethnic, sexual discrimination or hatred, or that infringes the intellectual property rights of third parties or the privacy rights of individuals. You must not provide BGI that contains data, including images, of minors. We reserve the right to remove any BGI from the Website that, in our sole discretion, does not meet the above requirements. If such BGI is removed from the Website, the account of the user who uploaded it may be suspended or terminated.
4. WHO IS THE OWNER OF THE CONTENT AND MATERIALS ON THIS WEBSITE?
The information on this website and all materials contained herein are the copyrighted property of FILA Luxembourg S.a.r.l.. ALL RIGHTS RESERVED. Individual pages or materials may contain different proprietary notices.
All registered names and trademarks on this website are registered trademarks of FILA Luxembourg S.a.r.l. or its affiliates. Except as expressly granted in this section (or expressly granted to you in writing), neither FILA Luxembourg S.a.r.l., its affiliates nor its suppliers grant any person any express or implied right to any patent, copyright, trademark or trade secret. ALL RIGHTS RESERVED.
By submitting BGI to the Site, you warrant that you have the right to do so and, where applicable, have obtained all necessary consents from the relevant third parties (e.g. intellectual property rights owners or personal data owners). Such content shall be deemed to be non-confidential and non-proprietary. With respect to the BGI you provide, you grant us an unrestricted, exclusive, worldwide, sublicensable, royalty-free license to use such BGI in any manner and for any purpose, including, without limitation, to store, retain, copy, reproduce, publish, transmit, distribute, display, modify, translate, incorporate into other materials, and commercially exploit it in any manner. We therefore request that you do not send us any content, elements or information via the website that you do not wish to be the subject of the above conditions.
5. HOW ARE WE LIABLE FOR ERRORS THAT OCCUR WHILE YOU ARE USING THIS WEBSITE?
We work hard to make this website interesting and user-friendly, but we cannot guarantee that our users will always like everything on it. Please read this disclaimer carefully before using our website.
You agree that your use of the website is at your own risk. Due to the number of possible sources of information available and the inherent dangers and uncertainties of electronic distribution, there may be delays, omissions, inaccuracies or other problems with such information. If you rely on this website or any materials thereon, you do so at your own risk.
This website is provided to you on an "as is" basis. We, our affiliates, all contributors to this website and their affiliates, agents and licensors cannot and do not warrant the absence of defects, the accuracy, completeness, timeliness, non-infringement, merchantability or fitness for a particular purpose of the information available through this website, nor do we or they guarantee that this website will always be error-free, permanently available or free of viruses and other harmful components. For example, we cannot guarantee that the appearance and colours of our products described on the Website as displayed on your screen will be the same as the actual appearance of the products available in a physical shop or online shop.
To the fullest extent permitted by applicable law, in no event will FILA Luxembourg S.a.r.l., its affiliates, any contributors to this website, and its affiliates, agents and licensors be liable to you or any other person for any damages arising out of the use of such information contained on this website, including, without limitation, any liability for consequential, special, incidental, indirect or similar damages, including, without limitation, lost profits, business, savings, data and third party claims, even if we have been advised in advance of the possibility of such damages.
6. LINKS TO WEBSITES OR CONTENT FROM THIRD PARTIES
This website may contain elements or links to websites operated by other companies, individuals or agencies and provided as a convenience to our users. These elements or linked websites are not under our control. The inclusion of such items or links does not imply any endorsement, and we offer no warranty with respect to such items, nor are responsible for the accuracy of the information on such items or websites. We do not monitor or review the content of such third party websites and therefore advise you that your access to any third party websites is at your own risk. All aspects relating to such elements or websites (including rules for use and content) are governed by the relevant terms and conditions of the third parties and we encourage you to read them.
7. WHICH LAW IS AUTHORITATIVE? WHICH COURT HAS JURISDICTION IN THE EVENT OF A DISPUTE?
Your use of this website is governed in all respects by the laws of Switzerland. Therefore, the laws of Switzerland, without regard to conflict of laws principles, will govern this disclaimer, these limitations of liability and these terms and conditions. The courts of Zug shall have exclusive jurisdiction in connection with any dispute arising out of and/or in any way connected with the use of the Website or these Terms and Conditions, except for a right under a mandatory provision of any applicable law to institute legal proceedings in the habitual residence or domicile of the user.
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