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WEBSITE TERMS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE

 

1. Who are we? What's this Site for?

These terms and conditions of use ("Terms of Use") regulate your use of the website https://www.kipling.com ("Site"). The Site is owned and operated by VF INTERNATIONAL S.A.G.L., whose registered office is at Via Laveggio, 5, 6855 – Stabio, Switzerland, Company Registration number Stabio - CH-514.4.028.163-8, VAT Number CHE-111.650.898 ("KIPLING®" or "we"), corporate capital 1,901,000.00 CHF. We can be contacted through our Contact Us page, managed by our Customer Service. We use the Site to promote, sell and provide information on KIPLING®'s products, as well as on KIPLING®'s stores and promotional initiatives.

 

2. What if I am asked to register and open an account?

To access specific functionalities of the Site (for example to review your order history), you are required to register and open a personal account (“Account”). You will be responsible for all the activities that occur under your Account unless your Account was demonstrably being used by a third party without your consent. You are responsible for protecting your access credentials and keeping them confidential. KIPLING® shall not be liable for any loss or damage incurred by you due to your failure to comply with these obligations. KIPLING® may terminate or suspend your Account, at any time and without prior notice if: (i) KIPLING® believes that you are using your Account in breach of these Terms of Use, (ii) KIPLING® believes that a third party is using your Account without your consent, or (iii) KIPLING® for reasonable security or maintenance purposes. You can cancel your Account at any time by contacting Customer Service through our Contact Us page.

 

3. What personal data relating to me are processed by KIPLING®?

In order to enable you to access the functionalities of the Site, including areas for registered users or newsletter subscription, we may ask you to provide certain personal data. The processing activities we carry out on such data are described in our Privacy Policy. If you do not agree with our practices and policy regarding processing of personal data, we invite you to immediately stop using this Site.

 

4. What if I upload content or comments generated by me?

The Site includes sections which enable users to upload user-generated content ("UGC"), for example you could be enabled to upload photographs or to post comments.  In relation to such UGC, KIPLING® is a mere hosting provider and does not assume any responsibility or liability on the content itself.

You must not provide any UGC which is illegal, obscene, indecent, libellous, which fosters racial, ethnic, sexual discrimination or hatred or which infringes any third-party intellectual property or personal data protection rights. You must not provide any UGC which contains any data, including pictures, of minors. KIPLING® reserves the right to remove from the Site any UGC which, at its sole discretion, do not meet the above requirements. In case such UGC are removed from the Site, the Account of the relevant uploader may be suspended or terminated.

 

5. #KIPLING terms. What does this hashtag mean? To what am I giving consent?

If you were directed here, it is because KIPLING® liked a photo or other content you posted online ("UGC") with a KIPLING®-related hashtag (i.e. a hashtag containing the name KIPLING® or another name or trademark belonging to KIPLING®) and would like to feature it on KIPLING®'s websites and/or social media pages. To do so, KIPLING® needs your consent to the use of your image and of the personal data that may be contained in it. 

If you give us your consent, your UGC might be visible to other KIPLING® enthusiasts and supporters all around the world. A great opportunity for you to share your style with the world on KIPLING®'s websites!

If you respond to our message with "#KIPLING" you grant KIPLING® the unlimited, non-exclusive, assignable, sublicenseable, perpetual, worldwide right to use your relevant UGC. KIPLING® will be entitled (but not obliged) to use your UGC in any way and for any purposes, including to save, store, copy, reproduce, publish, post, transmit, distribute, display, modify, translate, incorporate in other materials and in any way commercially exploit it. These usages include featuring your UGC on KIPLING®'s websites, online shops and official social media pages, as well as during events or campaigns. Please do not give us your consent to use of UGC that you do not want to become subject to these #KIPLING Terms.

By responding "#KIPLING" you also warrant that (a) you are at least eighteen years old; (b) you own all rights in and to your photos; (c) in case your UGC includes elements belonging to a third-party (for example a photo portraying a friend of yours), that you have obtained all the necessary consents by the relevant third-party (including for example copyright license and/or consent from a personal data law perspective); (d) so, that KIPLING®’ use of your UGC does not infringe the rights of any third party or violate any law, and that you agree to be bound by these #KIPLING Terms.

Finally, by responding "#KIPLING" you agree to indemnify and hold KIPLING® and any person acting on KIPLING®’ behalf harmless from and against any claims, damages, liabilities, costs incurred by KIPLING® in connection with the regular use of the UGC as described above.

Depending on what is included in your UGC, and also on the country where you are, your social network account name and your relevant UGC may contain personal data that KIPLING® may access and process in relation to the use of your UGC.

Our Privacy Policy describes the processing activities KIPLING® carries out in relation to your personal data, including the ones that may be provided to KIPLING® as part of your social network account and/or uploaded UGC. In relation to such data, KIPLING® would use them for the purposes specified in these #KIPLING Terms.

If you do not agree with our practices and policy regarding processing of personal data and, please do not reply with "#KIPLING" to our message under your relevant UGC. 

By responding to the message from our KIPLING® account with "#KIPLING" you give KIPLING® your express and specific consent to the use of the above described personal data for commercial and marketing purposes.

If you want to be kept informed regarding KIPLING®'s products and initiatives, we are happy to invite you to subscribe to KIPLING®'s newsletter here.

You can revoke at any time, free of charge, your granting of usage rights and privacy consent in one of the following ways:

1. by sending KIPLING® an email as indicated in our Contact Us page;

2. by removing the UGC from the relevant website/social network or cancelling the KIPLING®-related hashtags associated to it;

3. by clicking on the REPORT button that you will find on KIPLING®'s website or social media page where your UGC is being featured;

4. by activating the opt-out tool available at olapic.com/trust;

5. as regards Instagram, by setting your Instagram profile to private, or setting the specific photo at issue to private.

To the maximum extent permitted by applicable law, KIPLING® will in no event be liable for (i) any special, indirect, incidental or consequential loss, costs, damages, charges or expenses; or (ii) loss of profits, or (iii) loss of business, contracts, goodwill, business opportunities; or (iv)  loss of income, anticipated savings; or (v) loss or corruption of data or information; or (vi) any degradation which occurs in relation to the use of your UGC as described above, whether based on tort, contract or any other legal theory, even if KIPLING® had been advised of the possibility of such damages to occur.

 

6. Who owns the content and materials in this Site?

The information on this Site, along with any materials incorporated herein is the copyrighted work of KIPLING®. ALL RIGHTS ARE RESERVED. Single pages or materials may contain different proprietary notices.

All registered names and trademarks in this Site are registered trademarks of KIPLING Inc. or its affiliated entities. Except as expressly granted in this section (or to you specifically in writing), neither KIPLING Inc. nor its affiliate KIPLING®, or any its suppliers grant any express or implied right to anyone for any patents, copyrights, trademarks or trade secret information. ALL RIGHTS ARE RESERVED.

By submitting any UGC to the Site, you warrant you are entitled to do so and to have obtained, where necessary, all due consents by the relevant third-parties (for example intellectual property right-holders or personal data subjects). Such content shall be deemed non-confidential and non-proprietary. In relation to the UGC provided by you, you grant KIPLING® an unlimited, exclusive, worldwide, sub-licensable, free of charge license to use such UGC in any way and for any purposes, including but not limited to save, store, copy, reproduce, publish, post, transmit, distribute, display, modify, translate, incorporate in other materials and in any way commercially exploit it. KIPLING® thus invites you not to send us through the Site any content, item or information that you do not want to become subject to the above terms.

 

7. What is KIPLING®'s liability for anything that may go wrong while I use this Site?

We work hard to make this Site interesting and user-friendly, but we cannot guarantee that our users will always find everything to their liking. Please read this disclaimer carefully before using our Site.

YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SITE OR ANY MATERIAL AVAILABLE THROUGH IT, YOU DO SO AT YOUR OWN RISK.

THIS SITE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THIS SITE, THE KIPLING INC., ITS AFFILIATE KIPLING®, ANY OF THE CONTRIBUTORS TO THIS SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ABSENCE OF DEFECTS THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS SITE, NOR DO THEY GUARANTEE THAT THIS SITE WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOR EXAMPLE, WE CANNOT GUARANTEE THAT THE APPEARANCE AND COLOURS OF OUR PRODUCTS DESCRIBED ON THE SITE, AS SHOWN ON YOUR MONITOR, WILL CORRESPOND TO THE ACTUAL APPEARANCE OF PRODUCTS AS AVAILABLE IN A PHYSICAL OR ONLINE STORE.

TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL KIPLING INC., ITS AFFILIATE KIPLING®, ANY OF THE CONTRIBUTORS TO THIS SITE AND THEIR AFFILIATES, AGENTS AND LICENSORS, OR THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE INFORMATION CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, BUSINESS, SAVINGS, DATA AND THIRD PARTIES’ CLAIMS EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

THIS SITE MAY CONTAIN ELEMENTS OR LINKS TO WEBSITES MAINTAINED BY OTHER COMPANIES, INDIVIDUALS OR AGENCIES (FOR EXAMPLE THE SECTION OF THE SITE MAINTAINED BY OLAPIC, INC., SHOWING PICTURES OF KIPLING® PRODUCTS TAKEN BY SOCIAL MEDIA), WHICH ARE PROVIDED AS A CONVENIENCE TO KIPLING® USERS. THESE ELEMENTS OR LINKED WEBSITES ARE NOT UNDER THE CONTROL OF EITHER KIPLING INC., OR KIPLING®. AND ARE PROVIDED MERELY AS A CONVENIENCE. THE INCLUSION OF SUCH ELEMENTS OR LINKS DOES NOT IMPLY ANY ENDORSEMENT, AND NEITHER KIPLING® NOR KIPLING INC., PROVIDE ANY WARRANTY IN RELATION TO SUCH ITEMS, NOR ARE THEY RESPONSIBLE FOR THE ACCURACY OF INFORMATION ON SUCH ELEMENTS OR WEBSITES. NEITHER KIPLING INC., NOR KIPLING® MONITORS OR REVIEWS THE CONTENT OF SUCH THIRD PARTY WEBSITES AND THEREFORE ADVISES YOU THAT YOUR ACCESS BY LINK TO THIRD PARTY WEBSITES IS AT YOUR OWN RISK. ALL THE ASPECTS REGARDING SUCH ELEMENTS OR WEBSITES (INCLUDING RULES ON USE AND CONTENT) ARE GOVERNED BY THE RELEVANT THIRD PARTY TERMS AND CONDITIONS, WHICH WE INVITE YOU TO READ.

 

8. What is the applicable law? And the competent Court in case of disputes?

Your use of this site shall be governed in all respects by the laws of Switzerland. As such, the laws of Switzerland, without regard to its conflicts of laws rules, will govern these disclaimers, limitations of liability, and terms and conditions. The Commercial Courts of Zurich shall have exclusive jurisdiction in connection with any disputes arising out of the use of the Site and/or in any way related to the use of the Site or to these Terms of Use, save for any right under mandatory provision of applicable law to establish legal proceedings in the habitual place of residence or domicile of the users.

 

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