Terms and conditions of use
Welcome to www.ellesse.com (the “Website”). There are a few rules which our visitors must follow when using our Website, so we ask all our visitors to read our Terms and Conditions of Use carefully.
This Website is brought to you by Ellesse Limited (“Ellesse” or “we”, or “us”) and all rights, including copyright, in the content of this Website is owned or controlled by Ellesse.
Ellesse and its affiliates provide access to the Website subject to the Terms and Conditions of Use set out on this page.
If you have any comments or queries relating to this Website, please contact us via email at firstname.lastname@example.org or by post at: Website Moderator, Ellesse Limited, Lakeside, Squires Lane, London, N3 2QL.
1. What do I agree to by entering the Website?
You are invited to use the Website on the basis of the Terms and Conditions of Use set out below.
By entering the Website and using its Features (as defined below) you are deemed to have read and accepted these Terms and Conditions of Use. If you do not accept these Terms and Conditions of Use or any part of them, you should not enter or use the Website.
Ellesse may modify or update these Terms and Conditions of Use from time to time. If you continue to use this Website after any changes, this means you agree to be bound by the modified Terms and Conditions of Use.
We may require you to have a unique user name and password combination in order to access and use certain features or functions of the Website and may also, from time to time, provide you with additional codes or passwords necessary to access and use certain features or functions of the Website.
3. The Features
The Website may offer the following features to you: voting, competitions, prize draws, video clips, downloading of screensavers, desktops and sound files (the “Features”). The Website may also provide rules of participation for certain Features including, but not limited to competitions and prize draws, membership clubs, and email services.
4. Conditions of Using Features on the Website
You agree to use the Features in this Website in good faith and in the spirit in which they are made available to you. In particular you agree:
1. not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libellous, defamatory, discriminatory, in breach of confidence, in breach of or invasive of another’s privacy, racially or ethically or religiously insulting or otherwise unlawful;
2. not to use Features on the Website for any purpose which would be considered a criminal offence, or give rise to civil liability or which is or may be damaging to the rights or interests of any user or other third party in any country in the world;
3. not to post or transmit material on the Website which is technically harmful (e.g. computer viruses, corrupted data, Trojans, worms or any other harmful software or data)
4. if you or any other party has any issues or concerns with the content of any communications generated via the Website, please contact the Website Moderator as soon as possible;
5. that all Features will be used entirely at your own risk and Ellesse accepts no responsibility for any losses or consequences suffered by you or a third party as a result of your use of the Website.
If Ellesse is informed or has any reason to believe that any of the Features on the Website are being used by a user other than in accordance with these Terms and Conditions of Use, Ellesse reserves the right to suspend or permanently prevent access by the user to the Features and shall have no liability to the user whatsoever in such event.
5. Sending Us Information
We are happy to receive from you any ideas, suggestions, graphics, mixes, pictures or anything else, but do please remember that, by sending us your submission (the “Material”) you will be deemed to have granted to Ellesse (and any of its subsidiaries or associated companies) a perpetual, royalty-free, non-exclusive right and licence use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in the Material.
By submitting your Material to this site, you also warrant that:
1. you have the right to make the Material available to Ellesse;
2. the Material is not defamatory;
3. the Material does not infringe any law or rights or interests of any third party in any country of the world, in particular that the Material does not, plagiarise, or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal, publicity, or proprietary rights.
You agree to indemnify Ellesse against all legal fees, damages and other expenses that may be incurred by Ellesse as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above.
This means that all stories, mixes, comments, suggestions, ideas, graphics or other information sent to us can be used by us as we see fit. This includes using it for promotional, marketing or any other commercial purpose, whether in advertising, or in developing, manufacturing or marketing products. Under no circumstances are you entitled to any payment if we use your Material for any purpose. So remember don’t send us your Material if you don’t want us to use it or the world to know it.
6. Access to the Website
We will do our utmost to ensure uninterrupted availability of the Website and that transmissions will be without errors. However, due to the nature of the Internet, this cannot be guaranteed. It is your responsibility to evaluate the information and content provided on the Website. Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
7. Licence for Website Access
Ellesse grants you a limited licence to access and make personal non-commercial use of this Website. The licence does not allow you to download, extract or re-utilise (other than page caching) or modify it, or any portion of it, except with express written consent of Ellesse. This licence expressly prohibits:
1. any resale or commercial use of this Website or its contents;
2. any collection and use of any product listings, descriptions, or prices;
3. any derivative use of this Website or its contents;
4. any downloading or copying of account information for the benefit of another merchant; or
5. any use of data mining, robots, or similar data gathering and extraction tools.
This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Ellesse’s express written consent.
You may not frame or use similar techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of Ellesse and its affiliates.You may not use any meta tags or any other ‘hidden text’ utilising Ellesse or its affiliates’ names or trade marks. Any unauthorised use terminates the permission or licence granted by Ellesse.
You may not use any logo or trade mark which is featured on the Website or other proprietary graphic or trade mark as part of the link without our express written consent.
You may not use this Website, or any of the material appearing on the Website from time to time to further any commercial purpose.
Any use of the Website or extracts of the Website other than in accordance with this clause 7 is strictly prohibited.
8. Links To and From Other Websites
The Website may contain links to third party websites and, likewise, third party websites may contain links to the Website. Ellesse is not responsible for the availability of, or any content or material contained in, or obtained through, any such third party websites, nor does Ellesse recommend, endorse or accept responsibility for the content of any third party websites. If you decide to access any third party website linked to the Website, you do so entirely at your own risk. Any questions or comments relating to third party websites should be addressed directly to the operator of those third party websites.
You may not include a link to this Website or display any of its contents, in any format, in any other website without Ellesse’s written consent. Such consent, if given, may be withdrawn, without notice, at any time and in this event you must remove the relevant link and/or content within 24 hours.
10. Website Content – Accuracy and Permitted Use
Ellesse makes every effort to ensure that the content of the Website is accurate and up-to-date, but Ellesse does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.
Ellesse may remove material or Features, from the Website at its own discretion at any time and without any notice. The material in the Website may be out of date and Ellesse makes no commitment to update such material.
11. Intellectual Property Rights
All content and compilation of such content together with all software included on the Website, including without limitation text, graphics, logos, button icons, images and software, is the property of Ellesse or its subsidiaries, its affiliates or its content suppliers and is protected by UK, European and International laws.
You acknowledge and agree that all copyright, rights in data, databases, trade marks, names, images, logos and other intellectual property rights in the Website content, software and all HTML and other code involved in this Website (“Intellectual Property Rights”), shall remain at all times vested in Ellesse and that these are protected by copyright and other laws and international treaty provisions.
You may not create and/or publish your own database which features substantial (e.g. our prices and product listings) parts of this Website.
You may not, other than in accordance with these Terms and Conditions of Use, modify, copy, distribute, transmit, display, redistribute, transfer, or sell in whole or in part, the Website or any of the Intellectual Property Rights relating thereto, without first obtaining written permission from Ellesse to do so.
Nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms and Conditions of Use.
12. Limitation of Liability
The Internet is by its nature an unreliable medium. Consequently, you accept that this Website is offered on an “as is” and “as available” basis.
While Ellesse takes all reasonable steps to ensure that the Website is properly functioning at all times, Ellesse does not warrant that this Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of software viruses or bugs or other defects.
Ellesse has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Website or the Features and Ellesse shall not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Website or the Features.
Ellesse shall not be liable to you for any loss or damage you suffer as a result of visiting this Website or making use of the Features or information available on the Website. You must take your own precautions (including but not limited to installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.
Nothing in these Terms and Conditions of Use shall exclude or limit Ellesse’s liability for death or personal injury caused by negligence or fraud or misrepresentation as to a fundamental matter or any liability which cannot be excluded or limited under applicable law.
13. Whole Agreement and Governing Law
Your use of this Website and these Terms and Conditions of Use shall be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England.
By accepting these Terms and Conditions of Use and using the Website, you accept that any dispute under these Terms and Conditions of Use or arising out of use of this Website shall be subject to the exclusive jurisdiction of the English courts except that, to the extent you have in any manner violated or threatened to violate Ellesse’s intellectual property rights, Ellesse may seek injunctive or other appropriate relief in any court in any country in the world and you consent to exclusive jurisdiction of such courts. By using this Website you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
If any of the provisions of these Terms and Conditions of Use are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.
14. Legal Statement
All text, images, animation, videos, music, sounds, website design graphics, text selections, arrangements and all software are copyright © Ellesse Limited, 2013, unless stated otherwise.
The product images used on this Website are for reference purposes only. They are representations of apparel, footwear and accessory styles and we reserve the right to alter styles or colours without prior notice.
www.ellesse.com is a registered domain name of Ellesse.
Registered Office: 8 Manchester Square, London, W1U 3PH, England.
Company Registration Number: 02081721.