AT.KOLLEKTIVE reserves the right to take any such action as it deems necessary in the event that it suspects any fraudulent or unlawful activity, including without limitation, terminating access to the Website or the App, terminating any accounts and/or cancelling any order for products.
2 Use of the Website or App
2.2 You will not use the Website or App for junk mail, 'spamming' solicitations (commercial or non-commercial), chain letters or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
2.3 You will not transmit, distribute, introduce or otherwise make available in any manner through the Website or App any computer virus, key loggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, "Viruses"). We do not have an obligation to detect the presence of such Viruses. You may not use the Website or App in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Website or App. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Website or App. If you download software or any other content from the Website or App, you do so at your own risk.
3 Copyright and Trademarks
3.2 Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Website or App are registered and unregistered trademarks, trade names and service marks owned by AT.KOLLEKTIVE and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Website or App are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by AT.KOLLEKTIVE. Nothing contained on the Website or App grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Website or App without AT.KOLLEKTIVE’s written permission or the written permission of such third-party owner.
4 User Communications
4.1 You alone are responsible for any communication, message or other content that you post, upload, submit, transmit or share with AT.KOLLEKTIVE on the Website or App or by electronic mail, including without limitation any data, questions, comments, ideas, concepts, know-how, techniques, suggestions or the like (collectively "User Communications").
4.4 You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, infringing, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. AT.KOLLEKTIVE will fully cooperate with any law enforcement or regulatory authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
4.5 We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We act merely as a medium for distribution of User Communications and will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You agree to notify AT.KOLLEKTIVE of any objectionable User Communications. We retain the right to remove any or all User Communications in our sole discretion.
6.1 We may suspend or terminate your use of the Website or App at any time, for any reason or no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Website or App at any time without notice. Additionally, we may cancel any order placed through the Website or App at any time in our sole discretion.
7.1 The Website or App may contain links to other websites that are not owned, operated or controlled by AT.KOLLEKTIVE or its affiliates (each a "Third-Party Site"). All such links to Third-Party Sites are provided solely as a convenience to you. If you use these links, you will leave the Website or App. We are not responsible for your access to or use of any Third-Party Site. We do not endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or information accessible from such Third-Party Sites, or the results that you may obtain from using any Third-Party Site. If you access any Third-Party Site linked to or from the Website or App, you do so entirely at your own risk.
7.2 If you intend to create any link from another website to any page on this Website or App, you will inform us via email at: firstname.lastname@example.org
7.3 We reserve the right to prohibit any such link at any time. Any permitted links to the Website must comply with all applicable laws, rules, regulations and our internal policies. Running or displaying the Website, or App or any Content in frames or similar means on another website without our prior written permission is prohibited.
8.1 YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, APP AND CONTENT IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE WEBSITE, APP AND ANY CONTENT ON THE WEBSITE OR APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, ECCO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, APP AND ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
8.2 AT.KOLLEKTIVE MAKES NO WARRANTY THAT THE WEBSITE, APP OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE, APP OR CONTENT, OR YOUR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR FREE.
8.3 AT.KOLLEKTIVE DOES NOT GUARANTEE OR WARRANT THAT THE WEBSITE, APP OR ANY CONTENT WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR APP IS AT YOUR OWN DISCRETION AND RISK.
8.4 THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION 8 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
9 Limitation of liability
9.1 IN NO EVENT WILL AT.KOLLEKTIVE BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF THE WEBSITE, APP OR CONTENT, OR RESULTING FROM ANY PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, APP OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
9.2 NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION, OR SERVICE PURCHASED BY YOU FROM US THROUGH OUR WEBSITE OR THE APP. EXCEPT AS EXPRESSLY STATED ON THE WEBSITE, AT.KOLLEKTIVE MAKES NO OTHER WARRANTY REGARDING ANY USE OF, OR ANY TRANSACTIONS ENTERED INTO THROUGH, THE WEBSITE OR APP.
9.3 THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9 DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
11 Governing Law and venue
12 Remedies for Breach of these Terms by You
12.2 If your ability to access and/or use the Website or App or any other service provided to you by ECCO is discontinued by us hereunder, then you agree that you shall not attempt to re-register with or access the Website or App, any other service provided by ECCO, through use of a different member name or otherwise.
13 Copyright Complaint
13.1 We respect the intellectual property of others, and we expect users of the Website or App to do the same. If you believe that your work has been copied and is accessible on our Website or App in a way that constitutes copyright infringement, you may notify our designated Copyright Agent at the following:
By letter: ECCO SKO A/S, Industrivej 5, 6261 Bredebro, Denmark Attn.: Group Legal
By email: email@example.com
13.2 We recommend that the claims of copyright infringement are made in writing and include the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on our Website or App where the material that you claim is infringing your copyright interest is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
14.1 Access to and use of the Website or App is made available only to people who can form legally binding agreements under applicable law. The Website and App is intended for a general audience and is not intended to be used by minor children. Children accessing the Website or App should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Website or App, you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor's access to and use of the Website or App; and (iii) the consequences of any use of the Website or App by such Minor.
16 Contact Us
16.1 We welcome your comments and questions. Please contact us:
By letter: ECCO Sko A/S, Industrivej 5, 6261 Bredebro, Denmark, Attn: AT.KOLLEKTIVE
By e-mail: firstname.lastname@example.org