Terms & Conditions
These are the official Terms and Conditions of Use (the "Terms and Conditions") for www.ellesse.com (the "Website"), an internet website brought to you by Ellesse Limited ("Ellesse", "we", or "us"). All rights, including copyright, in the content of this Website are owned or controlled by Ellesse.
These Terms and Conditions govern the content, features and activities related to the Website, so we ask all our visitors to read carefully.
If you have any comments or queries relating to this Website, please contact us via email at info@ellesse.com 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. If you do not accept these Terms and Conditions or any part of them, you should not enter or use the Website.
Ellesse may modify or update these Terms and Conditions 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.
If we do make a change to the Terms and Conditions we will post it at the top of this page, together with the date of the change, so you can easily find it.
These Terms and Conditions regarding your use of the Website constitute a legally binding agreement between you and Ellesse.
These Terms and Conditions will remain in full force and effect as long as you are a user of the Website and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms and Conditions, the Privacy Policy any additional terms or rules featured in the Website, including any indemnifications, warranties and limitations of liability.
2. Registration
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. Please read our Privacy Policy, which describes the personally identifiable information we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorisation of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorised use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.
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:
- not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libellous, defamatory, invasive of another’s privacy, racially or ethically or religiously insulting or otherwise unlawful;
- not to use Features on the Website for any purpose that is illegal or which is or may be damaging to the rights or interests of any other user of the Website or other party;
- if you have any issues or concerns with the content of any communications generated via the Website, you should contact the Website Moderator as soon as possible;
- that all Features will be used entirely at your own risk and Ellesse accepts no responsibility for any losses or consequences suffered by you 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 is being used by a user other than in accordance with these Terms and Conditions, Ellesse reserves the right to suspend or permanently prevent access by that 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, sublicenseable and transferable license and right to 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:
- you have the right to make the Material available to Ellesse;
- the Material is not defamatory;
- the Material does not infringe any law.
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. You may not violate, plagiarise, or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal, publicity, or proprietary rights.
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. Privacy Policy
Please ensure that you read our Privacy Policy to learn about what personal information we collect at this site, how we handle it and for what purposes we use it.
7. 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 and without any notice.
This Website is intended to provide amongst other things, information relating to Ellesse products and is designed for personal, non-commercial use only.
You may not use this Website, or any of the material appearing on the Website from time to time to further any commercial purpose, including (but not limited to) selling on of any products purchased from the Website to Ebay or any other auction site advertising or to promote or encourage traffic to any other website.
Ellesse does not verify, endorse, or have any responsibility for any third party websites, their business practices, or any goods or services associated with or obtained in connection with any such website which is linked to or from this website. For the avoidance of doubt, Ellesse is not responsible for the content in any such third party website.
8. Intellectual Property Rights
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, other than in accordance with these Terms and Conditions, 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.
All trade marks appearing on the Website are used by Ellesse with permission from the relevant trade mark owners and 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.
9. 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 does not exclude liability for death or personal injury. However, by accepting these Terms and Conditions, you accept that Ellesse cannot 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.
10. Governing Law
These terms and your use of this Website shall be governed by and construed in accordance with English Law.
By accepting these Terms and Conditions and using the Website, you accept that any dispute under these Terms and Conditions or arising out of use of this Website shall be subject to the exclusive jurisdiction of the English courts and 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.
