PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
These Terms and Conditions of Use ("Site Terms") apply to the World Aquatics website located at www.worldaquatics.com, and all associated sites linked to www.worldaquatics.com by World Aquatics, its subsidiaries and affiliates, including World Aquatics sites around the world (collectively, the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have concluded with World Aquatics, its subsidiaries or affiliates.
1. Ownership of the Site and its Contents
The Site is the property of World Aquatics with its registered seat at Chemin de Bellevue 24a/24b, CH - 1005 Lausanne, Switzerland ("World Aquatics"). Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("World Aquatics Content"), is owned by World Aquatics, its licensors, or its third-party image partners and all rights are reserved. All elements of the Site, including World Aquatics Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
2. Requirements for using the Site
The Site is intended for users who are 13 years old (or older) and who are either of legal age under the laws of their country of residence or who have obtained the consent of a parent or guardian to use the Site. Users aged 13 to 15 years old can only use the Site with prior authorisation from a parent or guardian. Your use of the Site is at your risk, and you are responsible for ensuring that your use of the Site complies with applicable laws of your country of residence or use.
3. Use of the Site
You may use the Site only for lawful personal use, and in accordance with these Site Terms. World Aquatics may, in its sole discretion, terminate your right to use the Site at any time, and may take all available legal recourse for actual or suspected violations of these Site Terms. Any delay by World Aquatics in taking such actions does not constitute a waiver of World Aquatics’ rights to enforce these Site Terms. By making the Site available for your use, World Aquatics does not consent to act as your agent or fiduciary.
You are specifically prohibited from:
A) downloading, copying, or re-transmitting any or all of the Site or World Aquatics Content without, or in violation of, a written license or agreement with World Aquatics;
B) using any data mining, robots or similar data gathering or extraction methods;
C) placing advertisements on the Site or use the Site for any other commercial purposes (which would include using the Site to promote or encourage the sale of your goods/services)
D) manipulating or otherwise displaying the Site or World Aquatics Content by using framing or similar navigational technology;
E) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any third party for any World Aquatics’ product or service if you are not expressly authorized by such third party to do so; and
F) using the Site or World Aquatics Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, email, privacy, and the transmission of technical data exported from Switzerland or the country in which you reside.
World Aquatics Trademarks, World Aquatics logo, and any other product or service name or slogan contained in the Site are trademarks of World Aquatics, and may not be copied, imitated or used, in whole or in part, without the prior written permission of World Aquatics. You may not use metatags or any other "hidden text" utilizing " World Aquatics" or “Aquatics” or any other name, trademark or product or service name of World Aquatics without World Aquatics prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of World Aquatics and may not be copied, imitated or used, in whole or in part, without World Aquatics prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use a World Aquatics logo or other proprietary graphic of World Aquatics to link to this Site without the express written permission of World Aquatics. Furthermore, you may not frame any World Aquatics trademark, logo or other proprietary information, including World Aquatics Content, without World Aquatics express written consent.
Detailed requests can be sent to the following email address: firstname.lastname@example.org
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that World Aquatics shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
6. Registration Data and Account Security
In consideration of your use of the Site, you agree to:
A) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data");
B) maintain and promptly update the Registration Data, and any other information you provide to World Aquatics, to keep it accurate, current and complete;
C) maintain the security of your password and identification;
D) notify World Aquatics immediately of any unauthorized use of your account or other breach of security;
E) accept all responsibility for any and all activities that occur under your account; and
F) accept all risks of unauthorized access to the Registration Data and any other information you provide to World Aquatics.
World Aquatics will collect and process your Registration Data in accordance with its and applicable laws. In particular, any personal data submitted by you to this Site will not be used for any direct marketing or unsolicited follow-up unless World Aquatics has previously informed you of this possible use and you have given World Aquatics your express consent.
7. Modifications and Interruptions
World Aquatics reserves the right to change, modify, or remove the Content of the Site from time to time to comply with new laws or regulations. World Aquatics will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.
World Aquatics cannot guarantee the Site will be available at all times. World Aquatics may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. World Aquatics reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Site from time to time and will endeavour to give you notice of such changes. You agree that World Aquatics has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Site Terms will be construed to obligate World Aquatics to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
You agree to defend, indemnify and hold harmless World Aquatics, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of World Aquatics Content, or your violation of any rights of another.
THIS SITE AND WORLD AQUATICS CONTENT ARE PROVIDED "AS IS" AND WORLD AQUATICS AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WORLD AQUATICS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR WORLD AQUATICS CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT WORLD AQUATICS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR WORLD AQUATICS CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR WORLD AQUATICS CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
World Aquatics uses reasonable efforts to ensure the accuracy, correctness and reliability of World Aquatics Content, but we make no representations or warranties as to World Aquatics Content's accuracy, correctness or reliability.
World Aquatics offers a search feature within the Site. World Aquatics explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. World Aquatics also disclaims any responsibility for the completeness or accuracy of any directory or search result.
10. Exclusion and Limitation of Liability
IN NO EVENT SHALL WORLD AQUATICS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, WORLD AQUATICS CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM WORLD AQUATICS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WORLD AQUATICS'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WORLD AQUATICS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO WORLD AQUATICS FOR ACCESS TO OR USE OF THE SITE.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of the Site must be filed within one (1) year after such claim or cause of action first arose.
Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of liability for incidental or consequential damages, or the limitation of the prescription period. Accordingly, some of the above limitations of this section may not apply to you. Nothing in these Site Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of the World Aquatics or any other liability which cannot be excluded or limited under applicable law.
11. Applicable Law and Arbitration
This Agreement shall be governed by and interpreted in accordance with the laws of Switzerland.
Any dispute arising from or in connection with your use of the Site or World Aquatics Content which cannot be settled amicably, shall be finally settled, to the exclusion of the ordinary courts, in accordance with the rules of the Code of sports-related Arbitration. The arbitration shall take place in Lausanne, Switzerland. You hereby expressly waive the application of any legal provision under which they may claim immunity against any lawsuit, arbitration or other legal action initiated by World Aquatics. The language of arbitration shall be English.
Notwithstanding any of these Site Terms, World Aquatics reserves the right, without notice and in its sole discretion, to block your use of the Site.
13. Miscellaneous Provisions
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by World Aquatics.
If any part of the Site Terms shall be held to be illegal or unenforceable, in whole or part, you will agree in good faith an amendment to that provision to make it valid and legal reflecting as much as possible the original drafting by World Aquatics. The validity and enforceability of the rest of the Site Terms shall remain in full force and effect. Any rights not expressly granted herein are reserved.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.
World Aquatics reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
15. Changes to Site Terms
World Aquatics reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the " date at the top of the Site Terms in the header. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit the Site.
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