Introduction
Please read these Terms of Use carefully before using this website of Swatch Ltd (the "Website"). Accessing and using the Website indicates that you (the "User") accept these Terms of Use. If you do not accept these Terms of Use, do not use this Website.
This Website is operated, and these Terms of Use are issued by Swatch Ltd., Nicolas G. Hayek 1, 2502 Biel/Bienne, Switzerland ("Swatch", "we", "us", "our").
Swatch may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current terms to which you are bound.
Purpose and content of website
All information and materials on this website are presented solely for the purpose of providing general information on, and promoting products and services of Swatch. Such information and materials do not constitute offers for products and / or services of Swatch or official retailers or other third parties, nor do they constitute advice or other instructions on the use of products and / or services of Swatch.
This Website may contain information on Swatch's worldwide products and services, not all of which are available in every location. A reference to a Swatch product or service does not imply that such product or service is or will be available in your location.
Swatch Club
This Website offers the possibility for users to register as member of the Swatch Club, both as non-paying member or as paying member.
Services offered by Swatch to Club members are as detailed on this Website. However, services offered to Club members are intended solely for users who are 14 years of age or older. By registering as, and using the services offered to Club members, you represent and warrant that you are at least 14 years old, and that you agree to and to abide by all of the terms and conditions of these Terms of Use.
Registration as paying member implies prior purchase of the Swatch Club watch, either through Swatch’s Online Stores or in any physical Swatch point of sale. Registration as Swatch Club member may be made also through ordinary (offline) registration. Please write to Swatch Club, a division of Swatch Ltd., Nicolas G. Hayek 1, 2502 Biel/Bienne, Switzerland or through internet@swatch.com if you wish to receive our registration material by ordinary mail. Please also write us if you have been a Club member under our membership structure prior to September 2012 and did not purchase the Club watch, and if you wish to renew as a paying member without obtaining the Club watch.
Club membership requires registration and creation of a personal account providing certain user profile information as detailed in the registration process. However, none of your personal data such as full name, address, email address, date of birth or sex will be disclosed to other users (except if you disclose such data voluntarily), and access of other users to your registration information will be limited to the viewname you indicate upon registration, or as modified during membership, as well as to your member picture, if any.
Registration and membership as non-paying or paying member is void where prohibited by local law. When signing up as Club member, you will be required to choose an email address and password to enter your personal account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, email address, or password of another member at any time or to disclose your password to any third party. You agree to notify Swatch immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Services offered by Swatch to Club members are for the personal use of Club members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Swatch. Illegal and/or unauthorized use of the services, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to this Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges.
Newsletter
You may subscribe to the Swatch Newsletter. Please click here if you wish to subscribe to our Newsletter. You may unsubscribe from the Newsletter at any time by sending an email to internet@swatch.com.
User content
Please be aware that whenever you post information to this Website (e.g. information to forums, guestbook, personal profiles etc.), such information may be accessible for other users (e.g. other Club members). You should therefore choose carefully the information you post on this Website and that you provide to other users of this Website.
Swatch does not claim any ownership rights in the text, files, images, photos, video, sounds, works of authorship, or any other materials ("User Content") that you may post on the Website. After posting your User Content on the Website, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By posting any User Content on or through the Website, you hereby grant Swatch a non-exclusive, sublicensable, transferable, free and worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through this Website or in the Swatch section of a third-party platform (Facebook, Twitter, etc.) until you remove your User Content from the Website.
You represent and warrant that: (i) you own the User Content posted by you on the Website or otherwise have the right to grant the license set forth above, and (ii) the posting of your User Content on the Website does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person.
You are solely responsible for the User Content that you post on the Website. You may not post, transmit, or share User Content on the Website that you did not create or that you do not have permission to post. User Content is not necessarily reviewed by Swatch prior to posting and does not necessarily reflect the opinions or policies of Swatch. Swatch makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to other users. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, 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 otherwise violate any law, including the offering, selling or buying of watches through the Forum violating any such laws.
Swatch expressly reserves the right to remove any information or materials posted or transmitted by anyone on this Website which is in breach of these rules, including any offers for watches. Swatch will fully cooperate with any law enforcement authorities or court order requesting or directing Swatch Ltd. to disclose the identity of anyone posting any such information or materials.
Intellectual property rights
This Website together with any information, text, images, photographs, audio and video clips, designs, graphics, logos, symbols, names, product and corporate designations, as well as all software contained in this Website and all other files, and their selection and arrangement (the "Website Content"), are subject to legal protection, in particular copyright, trademarks and design rights held by Swatch, its affiliates, its users or its licensors with all rights reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Swatch's prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Website. In addition, no digital content whatsoever may be copied into other programs without the prior written approval of Swatch.
Provided that you are eligible for use of the Website, you are granted a limited license to access and use the Website and the Website Content and to download or print a copy of any portion of the Website Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Website Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Website Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Website or the Website Content other than as specifically authorized herein, without the prior written permission of Swatch, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights.
"SWATCH" and other trademarks, logos, characters, page headers, button icons, scripts, service names and other marks (collectively “Trademarks”) displayed on this Website are subject to the trademark and other rights of Swatch or its affiliates. Swatch’s Trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Swatch. Your use / misuse of Trademarks displayed on this Website, or of any other Website Content, except as provided for in these Terms of Use, is strictly prohibited.
Disclaimer
While Swatch uses reasonable efforts to include accurate and up to date information on this Website, Swatch makes no warranties or representations with respect to the Website Content, which is provided "as is". In particular, Swatch neither warrants nor represents that your use of Website Content will not infringe rights of third parties not owned by or affiliated with Swatch.
Swatch assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from this Website.
Swatch reserves the right to interrupt or discontinue any or all of the functionalities of this Website. Swatch accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionalities of this Website, irrespective of whether this is the result of actions or omissions of Swatch or of any other affiliated company of The Swatch Group Ltd., or of a third party.
The materials on this Website, including any information, may contain technical inaccuracies or typographical errors. Swatch reserves the right to make changes, corrections and/or improvements to such materials (including information), and to the products and programs described in such information, at any time without notice.
Links to and from other websites
Because Swatch has no control over and does not endorse any of the sites to which this Website is linked and because Swatch has not reviewed any or all of the sites to which this Website is linked, you acknowledge that Swatch is not responsible for the content of any off-site pages or any other sites linked to this Website. Responsibility for access to off-site pages and linked third-party sites rests solely with you.
Your linking to this Website, off-site pages or other sites is at your own risk. By making use of any such links, you understand that the legal statement and privacy policy of any linked site will apply and which may be different from those of Swatch. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page, and subject to the following conditions.
Framing of this website by sites or site elements of parties not part of The Swatch Group is not permitted. In-line linking or any other manner of incorporating parts of this website in sites of parties not part of The Swatch Group is equally prohibited.
Service access
While Swatch endeavors to ensure that this Website is normally available 24 hours a day, it shall not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Swatch's control.
Limitation of liability
In as much as permitted by law, and except for damages caused by intent or gross negligence, Swatch, and any other group company of The Swatch Group Ltd., including the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, or consequential loss or damages, or any loss of income, profits, goodwill, or data) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from the Website or any websites linked to this Website.
Privacy
We care about your privacy and the protection of your personal data. Click here to read our Privacy Policy.
Miscellaneous
The failure of Swatch to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
The invalidity or unenforceability of any provision of these Terms of Use do not affect or impair in any way the validity, legality and enforceability of the remaining provisions contained herein.
These Terms of Use shall be interpreted and governed in accordance with Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods. To the extent permitted by law, the competent courts at the place of the registered office of Swatch, currently Biel/Switzerland, shall have exclusive jurisdiction in respect of any dispute arising from these Terms of Use and your use of this Website, subject to Swatch's right to prosecute a user at his/her place of residence.
If you have any questions about these Terms of Use, write to Swatch Ltd, Nicolas G. Hayek 1, 2502 Biel/Bienne, Switzerland, or through internet@swatch.com.
