T’s & C’s
TERMS AND CONDITIONS (Speedo Sculpture)
Website Terms and Conditions of Use
Welcome to our Website! There are a few rules that our visitors must follow when using our site, so we ask all our visitors to read our Terms and Conditions of Use (the “Terms and Conditions”) carefully.
This Website is brought to you by Speedo International Limited (“Speedo”), and all rights, including copyright, in the content of the Website is owned or controlled by Speedo.
If you have any comments or queries relating to this Website, please contact us via email at:
firstname.lastname@example.org or by post to:
Speedo International Limited,
NG2 Business Park,
1. What do I agree to by entering the Website?
You are invited to use www.speedosculpture.co.uk together with any associated microsites (the “Website”) on the basis of these Terms and Conditions.
By entering the Website and using its Features (as defined below) you are deemed to have read and accepted these Terms and Conditions. If you do not accept these Terms and Conditions or any part of them, you should not enter or use the Website.
Speedo may modify or update these Terms and Conditions from time to time. If you continue to use this Website after any changes, this means you agree to be bound by the modified Terms and Conditions.
If we do make a change to the Terms and Conditions we will post it at the top of this page, together with the date of the change, so you can easily find it.
These Terms and Conditions regarding your use of the Website constitute a legally binding agreement between you and Speedo.
You must be aged 18 or over to register on the Website. You will need to provide a username, your email address and date of birth. You will also be asked whether you accept our Terms and Conditions. Please read these Terms and Conditions before you tick the acceptance box. Once your registration is accepted, an email confirmation will be sent to the email address you have provided to us. Please follow the instructions in the confirmation email to activate your account.
If you register as a user on the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities which occur under your account or password. You must take all necessary steps to ensure that the password is kept confidential and secure and you must inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when you registered. We reserve the right to refuse access to the Website, terminate accounts and to remove or edit content at our sole discretion.
3. The Features
The Website may offer the following features to you: competitions, prize draws, downloading of screensavers, desktops, blogs, sound files and video files (the “Features”). The Website may also provide rules of participation for certain Features including, but not limited to competitions and prize draws, membership clubs, and email services.
4.Conditions of Using Features on the Website
You agree to use the Features in this Website in good faith and in the spirit in which they are made available to you. In particular you agree:
a) Not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libellous, defamatory, invasive of another’s privacy, racially or ethically or religiously insulting or otherwise unlawful;
b) Not to use Features on the Website for any purpose that is illegal or which is or may be damaging to the rights or interests of any other user of the Website or other party;
c) If you or any other party has any issues or concerns with, or complaints about the content of any communications generated via the Website, you should contact the website moderator as soon as possible; and
d) That all Features will be used entirely at your own risk and Speedo accepts no responsibility for any losses or consequences suffered by you as a result of your use of the Website.
If Speedo is informed or has any reason to believe that any of the Features on its Website are being used by a user other than in accordance with these Terms and Conditions, Speedo reserves the right to suspend or permanently prevent access by that user to the Features and shall have no liability to the user whatsoever in such event.
5. Your Conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You must not use the Website:
• for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
• to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or is in breach of copyright, trade mark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of, or contains, software viruses, commercial solicitation, chain letters, mass mailings or any ‘spam’; or
• to cause annoyance, inconvenience or needless anxiety to any other person.
6. Sending Us Material
We are happy to receive from you any ideas, suggestions, graphics, pictures, sound files, video files or anything else, but do please remember that, by sending us your submission (the “Material”) you will be deemed to have granted to Speedo (and any of its subsidiaries and/or associated companies) a perpetual, royalty-free, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in the Material.
By submitting your Material to this site, you also warrant that:
a) you have the right to make it available to Speedo;
b) the Material is not defamatory; and
c) the Material does not infringe any law or third party rights.
You agree to indemnify Speedo against all legal fees, damages and other expenses that may be incurred by Speedo as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above. You may not violate, plagiarise, or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal, publicity, or proprietary rights.
This means that all stories, mixes, comments, suggestions, ideas, graphics, sound files, video files or other information sent to us can be used by us as we see fit. This includes using it for promotional, marketing or any other commercial purpose, whether in advertising, or in developing, manufacturing or marketing products. Under no circumstances are you entitled to any payment if we do use your Material for any purpose.
Please also refer to any relevant competition or prize draw Terms and Conditions for any special terms which apply to competition entries.
8. Licence for Website Access
Speedo grants you a limited licence to access and make personal use of this Website. The licence does not allow you to download (other than where specifically indicated, or for the purpose of page caching) or modify it, or any portion of it, except with our express written consent. This licence does not include any resale or commercial use of this Website or its contents; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
9. Website Content – Accuracy and Permitted Use
Speedo makes every effort to ensure that the content of the Website is accurate and up-to-date, but Speedo does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.
Speedo may remove material or Features, from the Website at its own discretion and without any notice.
This Website is intended to provide amongst other things, information relating to Speedo products and is designed for personal, non-commercial use only. You may not use any of the material appearing on the Website to further any commercial purpose, including (but not limited to) selling any Speedo products on Ebay or any other auction site, advertising or to promote or encourage traffic to any other website.
Speedo does not verify, endorse, or have any responsibility for any third party websites, their business practices, or any goods or services associated with or obtained in connection with any such website which is linked to or from this website. For the avoidance of doubt, Speedo is not responsible for the content in any such third party website.
10. Intellectual Property Rights
You acknowledge and agree that all copyright, rights in data, databases, trade marks, names, images, logos and other intellectual property rights in the Website software, content, compilation of such content included on the Website such as text, graphics, logos, button icons and images, (excluding competition entries, where indicated to the contrary in the Competition Terms and Conditions), and all HTML and other code involved in this Website (“Intellectual Property Rights”), shall remain at all times vested in Speedo or its subsidiaries, its affiliates or its content suppliers and that these are protected by UK, European and International copyright and database right laws other laws and international treaty provisions.
You may not modify, copy, distribute, transmit, display, redistribute, transfer, or sell in whole or in part, the Website or any of the Intellectual Property Rights relating thereto, or use any logo or trade mark which is featured on the Website or other proprietary graphic or trade mark as part of the link without our express written consent. You may not frame or use similar techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of Speedo and its affiliates. You may not use any meta tags or any other ‘hidden text’ utilising Speedo or its affiliates’ names or trade marks. Any unauthorised use shall terminate the permission or license granted by Speedo.
Nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms and Conditions.
11. Disclaimer and Limitation of Liability
The Internet is by its nature an unreliable medium. Consequently, you accept that this Website is offered on an “as is” and “as available” basis.
We will do our utmost to ensure uninterrupted availability of the Website and that transmissions will be without errors. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
While Speedo takes all reasonable steps to ensure that the Website is accurate and up-to-date, and properly functioning at all times, Speedo does not offer any representations or warranties of any kind (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the Website; the information, content, materials, or products included on this Website; that your access to the Website will be uninterrupted, timely, secure or error-free; that defects will be corrected; or that this Website, e-mails sent by us or the server that makes the Website available are free of software viruses or bugs or other harmful components or defects.
Speedo has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Features and Speedo shall not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Website or the Features.
Speedo does not exclude liability for death or personal injury. However, by accepting these Terms and Conditions and using the Website, you accept that Speedo cannot be liable to you for any loss or damage you suffer as a result of visiting this Website or making use of the Features or information available on the Website. You must take your own precautions (including but not limited to installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.
Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
12. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Website, policies, and these Terms and Conditions at any time. Your use of the Website will be subject to the policies and Terms and Conditions in force at the time that you use the Website, unless any change to those policies or these conditions is required to be made by law or government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.
13. Events Beyond our Reasonable Control
Speedo will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Any dispute relating in any way to your visit to the Website shall be submitted to the courts of England and Wales,
16. Governing Law and Jurisdiction
These terms and your use of this Website shall be governed by and construed in accordance with English Law.
By accepting these Terms and Conditions and using the Website, you accept that any dispute under these Terms and Conditions or arising out of use of this Website shall be subject to the exclusive jurisdiction of the English courts and by using this Website you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.
Those persons outside England and Wales who choose to use or access this Website from their own jurisdictions do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable.
17. Our Details
SPEEDO, , AQUALAB, AQUABLADE, ENDURANCE, FASTSKIN, FLIPTURNS, LZR RACER, SPEEDOSCULPTURE and SPEEDOBIOFUSE are registered trade marks of and used under license from Speedo Holdings B.V.
The LZR RACER suit has worldwide design rights and patents pending.
www.speedosculpture.co.uk a registered domain name of Speedo International Limited.
Registered Office: 8 Manchester Square, London, W1U 3PH, England.
Company Registration Number is 00227323.
VAT Registration Number: GB 231 0451 21.
Speedo International Limited is a registered data controller, registration no. Z5408646.
© Speedo International Limited 2011. All Rights Reserved.