Subject to these Terms of Use, ECCO Sko A/S (referred to herein as "ECCO", "we", "us" and "our") provides you with access to www.eccoshoeshine.com (hereinafter referred to herein as the "Website").
ECCO reserves the right to take any such action as it deems necessary (including without limitation, terminating access to the Website, terminating your account) in the event that it suspects you are engaging in fraudulent or unlawful activity, or acting in a way which breaches these Terms of Use.
1.2 These Terms of Use are available via a link at the bottom of each page on the Website. You may review or print out the Terms of Use at any time free of charge. We reserve the right to change these Terms of Use at any time and from time to time. Please check these Terms of Use before using the Website to review the terms that apply at that time. Your continued use of the Website confirms your unconditional acceptance of the then-current Terms of Use in their entirety. If you do not agree to any changes to the Terms of Use, you should cease using the Website.
1.3 From time to time, ECCO may supplement these Terms of Use with additional terms pertaining to specific content or events (“Additional Terms”). Such Additional Terms will be uploaded to the Website to be viewed in connection with the specific content or events, and you will be asked to agree to such Additional Terms before engaging with the relevant content or events.
2.1 You may browse and use the Website solely in your capacity as an ECCO employee and in compliance with these Terms of Use. You may not distribute, modify, transmit, publish, reuse, repost or use the Website or any content made available on the Website: (i) for public or commercial purposes without the express written permission of ECCO; (ii) in a manner inconsistent with these Terms of Use; (iii) in violation of any applicable law, rule, regulation or order; or (iv) in a manner that could damage, disable, overburden or impair the Website or interfere with any other party's legitimate access to and use of the Website. You must not act in a manner likely to misrepresent or damage the ECCO business or brand whilst interacting with the Website.
2.2 You will not use the Website to send junk mail, spam (commercial or non-commercial), chain messages or bulk communications of any kind.
2.3 If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact details set out in Section Error! Reference source not found.
3.1 The Website, App and all text, audio, video, pictures, music, images, graphics, information, data, content, and other material displayed on, or downloadable from, the Website (the "Content") are the property of, or used with permission by, ECCO Accessories LTD and/or ECCO Sko A/S and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. You may not modify the Content in any way or reproduce or publicly display, perform, distribute or otherwise use any such Content for any purpose, unless explicitly allowed by ECCO. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules and regulations. You may not remove any copyright, trademark or other proprietary notices from the Website or any Content. All rights to Content are reserved by and to the respective owners of such Content.
4.1 When using the Website you may be able to upload and download content. Content may only be downloaded and used for the explicit purpose described on the Website.
4.2 You alone are responsible for any communication, message or other content that you post, upload, submit, transmit or share with ECCO on the Website or by electronic mail, including without limitation any data, questions, comments, ideas, concepts, know-how, techniques, suggestions or the like (collectively "User Content").
4.3 When you upload User Content to the Website, then you grant ECCO and any other legal entity controlling, under common control with or under the control of ECCO (“ECCO Affiliates”), a perpetual, unlimited, non-exclusive, royalty-free, transferable and fully sub-licensable worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display the text[LH1] [MA2] , video, photographs and/or any other content contained in the posted product review in any media including but not limited to ECCO branded webpages, social media, newsletters, third party materials, promotional materials, advertisements etc. for all promotional, marketing, advertising and other commercial purposes.
4.4 By transmitting or posting any User Content, you represent and warrant that such User Content are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws. ECCO does not verify, approve, endorse or sponsor any such User Content submitted by you or other users of the Website.
4.5 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. ECCO 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.
4.6 We may monitor or review any User Content. We shall have no obligation to use, return, or respond to any User Content. You agree to notify ECCO of any objectionable User Content. If we become aware of are notified of any concern regarding User Content, we will investigate the concern. We retain the right to remove any or all User Content in our sole discretion.
5.1 We value your privacy and are committed to safeguarding your personal information. Please refer to the Privacy Policy for details about what information we collect on the Website or through the App and how we process, store and share such information.
6.1 The Website or App may contain links to other websites that are not owned, operated or controlled by ECCO or its affiliates (each a "Third-Party Site"). All such links to Third-Party Sites are provided solely for information only. If you use these links, you will leave the Website or App. We are not responsible for your 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 use any Third-Party Site linked on the Website, you do so entirely at your own risk.
7.1 EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE WEBSITE 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 AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ECCO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND ANY CONTENT.
8.1.1 WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABLITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS, AND FOR FRAUDULENT MISREPRESENTATION.
8.2 IN NO EVENT WILL ECCO 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), WHICH ARISE DUE TO YOUR FAULT IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF THE WEBSITE OR CONTENT, OR RESULTING FROM ANY PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
8.3 EXCEPT AS EXPRESSLY STATED ON THE WEBSITE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, ECCO MAKES NO OTHER WARRANTY REGARDING ANY USE OF, OR ANY TRANSACTIONS ENTERED INTO THROUGH, THE WEBSITE.
8.4 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.
9.1 We provide the services of the Website from our offices within Denmark. We make no representation that the content on our Website is appropriate, legal or available for use in other locations. These Terms of Use shall be governed by and construed in accordance with the laws of Denmark, without giving effect to its conflicts of law provisions. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
9.2 Any controversy or claim arising out of or relating to these Terms of Use, your use of the Website shall be settled by the competent courts of Denmark.
9.3 You acknowledge that a breach of these Terms of Use which: (i) relates to intellectual property rights or confidential information; and (ii) is likely to cause significant commercial harm to ECCO, may result in irreparable injury to ECCO that cannot be compensated for adequately by damages. Consequently, ECCO shall be entitled, in addition to all other remedies available, to seek injunctive, specific performance and other equitable relief to prevent such a breach.
10.1 We respect the intellectual property of others, and we expect users of the Website to do the same. If you believe that your work has been copied and is accessible on our Website in a way that constitutes copyright infringement, you may notify our designated Copyright Agent at the following: ECCO SKO A/S Att.: Group Legal Industrivej 5 6261 Bredebro Denmark or at email: legal@ecco.com
10.2 We recommend that 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 (or a copy of the copyrighted work) exists; (iii) the URL or other specific location on our Website 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, that the above information in your notice is accurate and truthful, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
11.1 In the event that any provision of these Terms of Use conflicts with applicable law, rule, regulation or order or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of these Terms of Use will remain in full force and effect.
11.2 Any failure by ECCO to insist upon or enforce strict performance of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
11.3 You represent to ECCO that you have the authority to access and use the Website according to these Terms of Use. These Terms of Use and any Additional Terms constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings.
12.1 We welcome your comments and questions. Please contact us at: ECCO Accessories Rothusstrasse 15 CH-6331 Hünenberg Switzerland Phone number: +4141 784 3050 E-mail: eccoshoeshine@ecco.com