The terms and conditions set forth hereunder shall govern the access to and use of www.swimandco.com web page, property of Genuine Swim Company SL.
Access to the Web Site and use of its content and services implies full and unreserved adherence to the Terms of Service set forth in the version published at the time the user accesses the same.
The latest version of the Terms of Service may be consulted whenever so desired at the web site address www.swimandco.com. If a user decides not to accept the Terms in force, he or she must abstain from accessing the Web Site and/or from using the content and/or services available therein.
TERMS OF SERVICE
PURPOSE OF THE THE TERMS OF SERVICE
The purpose of the Terms set forth herein is that of governing access to and utilisation of the Web Site.
Genuine Swim Company SL reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Web Site and its Content and Services contained therein. The user acknowledges and accepts that Genuine Swim Company SL may, at any time, discontinue, de-activate and/or cancel any of the Services and/or Content making up the Web Site.
ACCESS TO CONTENT AND SERVICES
In order to access to Web Site, a user must:
- have access to the internet, either directly or indirectly through an access device;
- pay the corresponding access and connection fees, and
- be in possession of the computer equipment and systems necessary to connect to the internet, including an adequate terminal for such purpose (a computer, telephone, etc.) and a modem or other analogous or similar mechanism.
For the correct use, visualisation and implementation of certain Content and Services of the Web Site, the user may need to download in his or her computer equipment certain computer programmes or other logical elements. The installation cost of these shall be borne by the user, and Genuine Swim Company SL hereby declines any kind of liability which may derive from same.
The user undertakes to abstain from accessing the Content and/or Services of the Web Site by any means other than that of the screen interface provided by Genuine Swim Company SL for such purpose.
In order to access certain Content or Services, Genuine Swim Company SL may require that a registration form be filled in and sent. In this case, the user must provide the information requested. In respect of the registration process, the user undertakes to:
- facilitate true, exact and complete details of his or her identity, and
- update these registration details in such manner that they remain true, exact and complete.
- A user may not select as user name or password any word and/or expression which, in general, may contravene the law or normal moral demands and generally accepted good conduct, nor, in general, any word and/or expression upon which any right is held excluding utilisation by the user of same. To this end, the user may not select words or expressions which are rude or offensive, insulting, slanderous or in any way identical or similar to, or in any manner coincide with, distinguishing signs, trade names or names, surnames, artistic names and/or pseudonyms of third parties. Should the user facilitate any false, inexact or incomplete data, or should Genuine Swim Company SL have sufficient cause to suspect that such information is false, inexact or incomplete, or if this information were contrary to law or moral demands or generally accepted good conduct, pursuant to the provisions of the foregoing paragraph, Genuine Swim Company SL shall be entitled to cancel such registration and deny access and use, in the present or in the future, to the Web Site or to any of the Content or Services incorporated therein.
The user undertakes to make diligent use of his or her user name and password, as well as to maintain such words in confidentiality. User agrees to be entirely responsible for any and all activities that may take place through the use of such user names and password.
The user may cancel and de-activate his or her registration at any time, using his or her user name and password. The user hereby acknowledges and accepts that Genuine Swim Company SL reserves the right to cancel any registration de-activated for an unreasonable length of time.
REGULATIONS FOR USE OF THE WEB SITE
The user hereby undertakes to use the Web Site and the Content or Services incorporated therein in a diligent and correct manner. Likewise, the user undertakes to abstain from using the Web Site:
- to carry out activities contrary to law, ethics, generally accepted good conduct or established public order, and
- for illicit, prohibited or harmful purposes or effects. Genuine Swim Company SL hereby declines any liability which could derive from the foregoing.
The user acknowledges and accepts that he or she shall make use of the Web Site and the Content and/or Services incorporated therein for strictly personal, private and particular purposes. The user is hereby strictly forbidden to authorise third parties to totally or partially use the Web Site, or to introduce, or incorporate as or into, his or her own commercial activities, the Content and/or Services therein incorporated. The use or application of any technical, logical or technological resources pursuant to which users may benefit, directly or indirectly, with or without profit, from non-authorised exploitation of the Content and/or Services or the Web Site itself is hereby strictly prohibited.
The user undertakes not to damage, render useless, overload or deteriorate the equipment and computer or telecommunications systems of Genuine Swim Company SL or any third party, or the content incorporated and/or stored in same.
The user undertakes to abstain from using the Content and Services in any manner which could damage, render useless, overload or deteriorate the Web Site or impede normal utilisation or enjoyment of the same by other users.
The user undertakes to abstain from modifying the equipment and systems of Genuine Swim Company SL in any manner whatsoever, and from using modified versions of equipment and systems with a view to obtaining non-authorised access to any Service and/or Content of the Web Site.
The user undertakes not to interfere with or interrupt access to and use of the Web Site, servers or networks connected to same, or fail to comply with the requirements, procedures and regulations governing internet connection policy.
GUARANTEES AND LIABILITY
Unless law expressly provides otherwise, or unless expressly otherwise stated, the user hereby expressly acknowledges and accepts that Genuine Swim Company SL grants no guarantee of any nature, be this express or implicit, in respect of the Web Site or the Content and Services incorporated therein, including but not limited to:
- The availability and continuity of the functioning of the Web Site and, in particular although not exclusive to, the fact that users may effectively utilise the Web Site, the Content and the Services, access the different web pages making up the Web Site or those from which Services are loaned.
- The level of quality, interfacing and functioning of the Web Site, or the Services and/or Content incorporated therein.
- The interruption, suspension or cancellation of access to the Web Site and the Content and/or Services incorporated therein.
- The adaptation of the Web Site and the Services and/or Content incorporated therein for any particular purpose.
- The certainty, integrity, exactness and/or updating of the Content, Services, products, texts, graphics, links or any other elements incorporated in the Web Site, or any results which may be obtained from the access and/or use of this web site or its content.
- Genuine Swim Company SL hereby expressly declines any responsibility for error or omission in the information contained in the pages of this Web Site, or the lack of veracity, exactness, thoroughness, relevance and/or updating of the Content, including any differences in prices which may exist between those indicated on the Web Site and those appearing on the tickets attached to garments (the prices marked on the ticket will always be the correct ones).
- Unauthorised access and alteration of data stored and transmitted through the Web Site or the services offered in this connection.
- The absence of viruses or other elements in the content, which could produce alterations in the computer system (software and hardware) or in the electronic documents and indexes stored in the computer system.
The user is aware of, and voluntarily accepts, that use of the Web Site, the Services and the Content takes place, in all cases, at his or her own risk, for which reason he or she shall adopt all measures necessary for the purposes of minimising risks, including any security measures which may be necessary to guarantee anti-virus and data recovery procedures. Thus, unless law expressly dictates otherwise, and exclusively insofar as this is imposed, Genuine Swim Company SL neither guarantees nor assumes any responsibility whatsoever in respect of access to and use of the Web Site and its Content and/or the Services incorporated therein.
Without prejudice to the foregoing, Genuine Swim Company SL shall not be liable for delays or faults produced in access to, functioning and operating of the Web Site, its Content and/or Services, nor for any interruption, suspension or faulty functioning of the same whenever this is caused by breakdown due to natural catastrophes such as earthquakes, floods, lighting or fire, situations of force majeure, situations of extreme emergency such as war, military operations, civil disturbance, strikes, closures by management or any other situation of force majeure or fortuitous cause.
In order to use or access certain Services and/or Content, Genuine Swim Company SL may require users to fill out certain registration forms which necessarily entail the facilitating of certain details of a personal nature. Genuine Swim Company SL shall treat such details in accordance with the purposes and on the terms described in each case.
When filling out and sending any form incorporated in the Web Site, the user hereby expressly consents to and authorises Genuine Swim Company SL to collect, automate or hand over, according to each case, details of a personal nature requested from the company, according to the purposes and on the terms described in each case.
Genuine Swim Company SL has adopted and shall adopt all and any technical and organisational security measures which are compulsory under current legislation and the quality standards existing within the sector, with a view to guaranteeing maximum security and confidentiality of communications.
INTELLECTUAL, INDUSTRIAL PROPERTY RIGHTS AND OTHERS
Governing Law This Web Site, as well as its Content, Services and elements, are the property of or fall under the control of Genuine Swim Company SL, and are protected, with no limitation whatsoever, by the intellectual property and industrial laws of the kingdom of Spain, and by any applicable international Treaties and Conventions.
Genuine Swim Company SL holds exclusive good title to the intellectual property and industrial property rights and any other analogous right inherent to the Web Site. Likewise, Genuine Swim Company SL reserves the rights over any Content, Services or elements it owns and which are incorporated in the Web Site, including but not limited to:
- those elements forming the visual appearance, the graphics or illustrated images and other sensorial stimuli on the web pages making up the Web Site;
- the navigation architecture;
- the source codes of the Web Site;
- computer programmes,
- data bases,
- logotypes, and
- distinguishing signs.
All of the foregoing shall be collectively referred to hereinafter as the "Property".
Property of third parties The user acknowledges and accepts that content and services owned by third parties, whose rights are protected by the applicable legislation in matters concerning intellectual and industrial property rights, rights to exploit the commercial and publicity value of image and other analogous rights, according to each case, are accessible on the Web Site.
Rights reserved The user undertakes to abstain from withdrawing, removing, manipulating or in any other manner modifying:
- Any notes, legends, indications or symbols may incorporate in their properties in matters concerning intellectual or industrial property
- The technical data protection or identification systems which may be contained in the Content.
Genuine Swim Company SL hereby authorises all users to access and navigate the Web Site, using the Services and visualising the Content incorporated therein.
Users are not authorised to copy, distribute (including electronic mail and Internet), transmit, communicate, modify, alter, transform, transfer or in any other manner display activities entailing the commercial use of the Web Site, its pages, Content or its integrated elements, be this partially or totally, without the express written consent of the legitimate owner of the exploitation rights. Whenever Genuine Swim Company SL so expressly authorises in writing, the user may download one sole copy of the Content. At all events, the licence for use recognised in this point may in no case whatsoever be handed over or transferred to third parties.
Access, viewing and, if this be the case, downloading of the Content and/or Services shall in each and every case be carried out for strictly personal, and not commercial, purposes.
Genuine Swim Company SL reserves all rights over the Property, including, but not limited to, all intellectual and industrial property rights it holds over the same. Genuine Swim Company SL grants no licence or authorisation for use whatsoever to the user in respect of its Property other than that expressly detailed in this clause.
Users and, in general, all those persons who intend to establish a link between their web page and the Web Site, must comply with the conditions listed hereunder. Any intention to establish a link in any manner other than that stipulated in this clause shall require prior written acceptance from Genuine Swim Company SL :
- A user may not reproduce, nor totally or partially imitate, the content of the Web Site nor its illustrated graphic appearance, ("look and feel"), nor may he or she produce frames ("frames") nor assembled links ("link inline") of the Genuine Swim Company SL pages.
- No browser, frame or navigation bar or environment may be created on the Web Site pages.
- No false, inexact, incorrect or denigrating statement may be made in respect of the Web Site and, in particular, nor shall it be stated or given to be understood that Genuine Swim Company SL collaborates with or is a collaborating partner of, or has in any other manner supervised or assumed in any way, the content or services offered or placed at the disposal of the web page to which the link is established.
- The web page to which the link is established shall not contain any trade mark, commercial name, notice of establishment,denomination, logotype, slogan or other distinguishing sign which are the property of Genuine Swim Company SL , with the exception of those signs forming part of the same link or other Property which held a prior written licence from Genuine Swim Company SL.
- The web page to which the link is established shall not contain any information or content which may be illicit or contrary to morals and generally accepted ethical conduct and public order, nor shall it contain any content or services contrary to any third-party rights.
TERMINATION OF LICENCES
- does not comply with the terms and conditions herein specified;
- infringes or violates the intellectual and industrial property rights or other analogous rights of Genuine Swim Company SL , or of any other legitimate holder of such rights; or
- infringe any applicable regulation.
The user shall be under obligation to immediately modify or withdraw from his or her web page any Property of Genuine Swim Company SL , or to withdraw any link to the Web Page when so required by Genuine Swim Company SL.
INFRINGEMENT NOTIFICATION PROCEDURE
Should any user or third party consider that events or circumstances exist which reveal the illicit nature of the utilisation of any content and/or services, or engagement in any illicit activity in the pages included on the Web Site or through the Services rendered, he or she may contact the Legal Department at the registered offices of Genuine Swim Company SL indicated above, facilitating the following information:
- The name, surnames, national identity card number, address, telephone number and electronic mail address of the claimant, as well as, if this be the case, the signature of the holder of the rights supposedly infringed or, should this be the case, of the person authorised to act on his or her behalf and representation.
- Identification of the supposedly illicit activity in question, and, in particular, whenever dealing with a supposed violation of intellectual and industrial property rights, and a precise and detailed description of the content protected, as well as its exact location.
TERM AND MODIFICATION
The legal relationship deriving from access to and utilisation of the Web Site, as well as the Content and Services incorporated therein, shall have an indefinite life term. Likewise, any of the parties may unilaterally terminate or suspend this contractual relationship at any time, with no more cause than his or her own wish to do so.
Genuine Swim Company SL may assign, transfer, encumber or subrogate in favour of third parties, totally or partially, the rights and obligations assumed pursuant to the contractual relationship expressed herein, as well as the contractual relationship, to any third party, it being understood hereby that the user grants sufficient authorisation to this effect.
GOVERNING LAW AND JURISDICTION
The Web Site is operated and controlled by Genuine Swim Company SL from its offices in Spain. Consequently, all and any matters which may derive from access to and/or utilisation of the same shall be understood to be governed and construed in accordance with Spanish legislation.
Should the user have his or her domicile outside of Spain, Genuine Swim Company SL and the user shall submit to the competent courts and tribunals of the kingdom of Spain, expressly waiving their right to any other jurisdiction.
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