Puma blackstation terms of use

For Website blackstation.puma.com

PUMA North America, Inc., 455 Grand Union Boulevard, Somerville, MA 02145, USA (“PUMA”/“We”/“Us”/”Our”) operates the website blackstation.puma.com (“Blackstation Website”). Your use of the Blackstation Website requires that you (“Customizer”/“You”) agree to these terms of use (“Terms of Use”), which form the basis of your use of Our Blackstation Website (“WebsiteUse”). Please read these Terms of Use carefully and familiarize Yourself with the provisions provided herein.

These Terms of Use do not cover the purchase of products or non-fungible tokens (“NFTs”) as well as Your obligations in relation to such purchases. Such purchases are subject to separate general terms and conditions of sale, which are available in the Blackstation Website.

For any questions related to products or NFTs offered for sale via the Blackstation Website or your purchase thereof, please contact: customerservice.us@puma.com.

1. Availability, functionality and changes

1. We offer You the possibility to use the Blackstation Website if and to the extent that the Blackstation Website is available and functional. However, We do not guarantee the continuous availability and functionality of the Blackstation Website.
2. We offer the possibility to use the Blackstation Website only with the functionalities and the quality that the Blackstation Website currently provides at the time, but We do not promise any functionality or quality. Information about the functionality and quality of the Blackstation Website in advertising material is not part of the Terms of Use.
3. We are entitled to change the Blackstation Website, at any time and without prior notice, including to modify functionalities (“Changes”), provided that the Blackstation Website continues to generally provide the scope described in Section 2 and that such Changes are not unreasonable for You. We will also update the Blackstation Website from time to time to meet security requirements.

2. Intellectual property and other protective rights

1. The Blackstation Website and all of the content featured or displayed in the Blackstation Website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (collectively “Content”), is owned by PUMA, Our licensors and/or content providers. All elements of the Blackstation Website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell the Content or any part thereof, except as explicitly permitted under these Terms of Use. You will not remove any copyright, trademark or other proprietary notices from the Content.
2. The Blackstation Website contains many trademarks, trade names, service marks, copyrights and or logos of PUMA and may also contain several protected marks of PUMA's numerous affiliates and third parties. Such marks remain the property of their respective owners. You recognize and acknowledge the ownership of these marks and understand that You do not acquire, through use of the Blackstation Website or otherwise, any right, title, or interest in the marks. You agree that You will not change, modify and or exploit the marks, nor participate in any activity which modifies and or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization of PUMA is strictly prohibited.

3. Duties of care and cooperation

1. You are responsible to ensure that the electronic equipment You use has all the relevant technical specifications that are required for using the Blackstation Website.
2. When using the Blackstation Website, you must not create any content that is misleading, insulting, offensive, discriminatory, is defamatory or promotes or supports an illegal act or otherwise violates applicable law.
3. You agree to use the Blackstation Website solely in compliance with all applicable laws. You are prohibited from using the Blackstation Website to support activities that may cause Us to violate applicable law.
4. You may not use, upload, copy, submit or publish any pictures, names or other text or other content which incite violence, are threatening, defamatory, obscene, discriminatory, inflammatory, sexually explicit or otherwise offensive or unlawful; consist of/contain content protected by law, including the name of products, services, companies, organizations or events which belong to a third party; infringe third party trademarks or other rights, including intellectual property rights, of third parties.
5. By uploading content in the Blackstation Website or from the Blackstation Website on third party platforms (e.g. social media platforms), you confirm that any content (including without limitation names, text, pictures) you submit to us do not fall into any of the above categories.
6. By uploading content in the Blackstation Website You grant Us and our affiliates a non-exclusive, worldwide, sub-licensable and transferable right to use, reproduce, publicly disclose and modify the content within the Blackstation Website.
7. You also agree not to use the Blackstation Website in a way that:
   1. searches, retrieves, copies or monitors the Blackstation Website and/or its elements using a program, algorithm, or comparable method for collecting or extracting data (such as using automated tools like bots, spiders, or scrapers),
   2. is designed to modify, reproduce, or otherwise make available to the public, or publicly broadcast, or create a separate service comparable to, or to replicate (any part of) the Blackstation Website,
   3. damages, disrupts or otherwise impairs the operation of the Blackstation Website as well as the systems, infrastructure and/or applications used to operate it, which includes sending, transmitting or implementing files that contain viruses, worms, Trojan horses, or other harmful or destructive features,
   4. is designed to investigate, scan or test vulnerabilities of the Blackstation Website or to circumvent or compromise security and/or authentication measures that protect the Blackstation Website and/or its elements;
   5. copies, translates, disassembles, decompiles, reverse engineers or otherwise modifies the software of the Blackstation Website in whole or in part, or creates derivative works thereof;
   6. is illegal, harmful to others, or may give rise to civil liability. You will not use the Blackstation Website to engage in any of the following activities: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and or (v) activities that infringe upon any legally protected property right, etc.

4. Third Party Relationships

1. The Blackstation Website may contain several links to other sites. These links are provided merely to assist You. These sites are independent of the Blackstation Website and We do not and cannot control the content and or representations of such sites. The information presented on these links may not necessarily reflect those beliefs held by Us. The inclusion of a link does not mean that We accept or endorse any of the content contained in such site. You are responsible to protect yourself while associating with the linked site.

5. Terminating WebsiteUse

1. Each party can terminate the WebsiteUse at any time without observing a notice period and without giving a reason.
2. The right of each party to extraordinarily terminate the WebsiteUse without notice on important grounds as well as Our right to suspend Your access to the Blackstation Website pursuant to Section 6 remain unaffected.

6. Suspending Your access to the Blackstation Website

1. We may at Our sole discretion suspend access to the Blackstation Website if We determine or have reasonable grounds to suspect that Your use of the Blackstation Website:
   1. violates these Terms of Use and/or applicable law,
   2. infringes the rights of third parties,
   3. poses a security risk to the functionality of the Blackstation Website,
   4. could subject Us and/or other users to liability; or
   5. could be fraudulent.
2. We also reserve the right to suspend access to the Blackstation Website if You have refused to agree to a reasonable Amendment of these Terms of Use pursuant to Section 9.1 by the scheduled date of the Amendment coming into effect.
3. We will remove a suspension as soon as the reason for the suspension no longer exists.
4. Further claims against You remain unaffected.

Limitation of liability

1. We are liable – regardless of the legal basis – without limitation
   1. in the event of intent or gross negligence,
   2. in the event of intentional or negligent injury to life, body, or health,
   3. in the absence of a guaranteed quality or in the case of fraudulently concealed defects, and
   4. on the basis of mandatory liability such as under the German Product Liability Act (or other local laws).
2. In the event of damages to property and financial losses caused by slight negligence, Our liability shall be limited to cases that constitute a breach of an essential contractual obligation and shall be limited in amount to the foreseeable damage typical of the WebsiteUse, unless unlimited liability exists in accordance with the above Section 7.1. Essential contractual obligations are obligations which the Terms of Use imposes on Us in accordance with its content in order to achieve the purpose of the Terms of Use, the fulfilment of which is essential for the proper execution of the Terms of Use and upon fulfilment of which the You may regularly rely.
3. In all other cases, Our liability is excluded.
4. The above limitations of liability also apply regarding the liability of Our vicarious agents, employees, and legal representatives.

Indemnity

1. You indemnify Us at Your own expense from all claims of third parties as well as any losses, damages, costs, expenses or other liabilities associated therewith, which result from the use of the Blackstation Website in a way that culpably infringes the rights of third parties and/or violates these Terms of Use or applicable law.
2. If any claims are made against Us under Section 8.1, We will promptly notify You of the claims, and assign to You full authority and control over the defence of such claims (to the extent permitted by applicable law) and We will, to the extent reasonably practicable, assist You in Your defence.

Miscellaneous

1. Changes to the Blackstation Website pursuant to Section 1.3, as well as changes to statutory requirements may make it necessary for Us to amend these Terms of Use (“Amendment”).
2. Should any individual provision of these Terms of Use be or become invalid or unenforceable, this shall not affect the validity of the other provisions of the Terms of Use which shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision which accords most closely with the presumed intention and the intended purpose of the Terms of Use and the parties agree to provide any necessary declarations in this respect.

Jurisdiction, Applicable Law

1. You agree that these Terms of Use and any dispute between You and Us shall be governed by, construed, and enforced in all respects by the laws of the Commonwealth of Massachusetts, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited by law, You agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to these Terms of Use shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in the Commonwealth of Massachusetts, USA. You consent to waive all defences of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of the Commonwealth of Massachusetts, USA. Any cause of action or claim You may have with respect to these Terms of Use must be commenced within one (1) year after the claim or cause of action arises.
2. Section 10.1 does not apply to consumers with a habitual residence within the territory of the European Union (“EU Consumers”). For EU Consumers German law applies subject to any mandatory provisions of the applicable law of your place of residence. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

Version 01 – 21 August 2022