Last Updated: 27 October 2014
If you are using the Services on behalf of any entity, you represent and warrant that you are authorised to accept these Terms on such entity's behalf and that such entity agrees to indemnify you and Brooks for violations of these Terms.
Brooks reserves the right to change or modify these Terms or any policy or guideline of the Services, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Services, and you waive any right you may have to receive specific notice of such changes or modifications.
Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the Services.
If you do not agree to the amended terms, you must stop using the Services (which you may do without penalty). If you have any question regarding the Services or these Terms, please refer to our Help Section or to our Frequently Asked Questions. All other questions or comments about the Services should be directed to Brooks Customer Service.
2. Terms of Sale
3. Eligibility, Registration and Account
The Services are not targeted towards, nor intended for use by, anyone under the age of 13. If you are under the age of 18, or under the age of legal majority under applicable law, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
By using the Services, you promise that you (a) have not been previously suspended or removed from the Services; (b) do not have more than one online account with Brooks and (c) have the right to enter into these Terms and that, in doing so, you will not violate any other agreement to which you are a party.
In order to create a profile or post a comment on the Services, you may need to register for an online account. When registering for an account, you cannot create an account name that incorporates a trademark without authorisation from the trademark owner. We may reclaim account names on behalf of any business or individual that holds legal claim, including trademark rights, to those names.
In return for your use of the Services, you agree to (w) provide accurate, current and complete information; (x) maintain and promptly update your account information; (y) maintain the security of your password and accept all risks of unauthorised access to your account and the information you provide to Brooks; and (z) promptly notify Brooks if you discover or otherwise suspect any security breaches related to the Services.
We may restrict access to the Services and/or Content (as defined below) if we have reason to suspect that you are not complying with these Terms.
We may also restrict access to the Services and/or Content for any other reason which we deem to be reasonable.
4. Copyright and Limited Licence
Unless otherwise indicated on the Services, the Services and all content and other materials contained on the Services, including, without limitation, the Brooks logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and their selection and arrangement (collectively, "Content") are the proprietary property of Brooks or our licensors or users and are protected by international copyright laws.
You are granted a limited, non-exclusive, non-sub-licensable licence to access and use the Services and Content; however, such licence is subject to these Terms and does not include (a) any resale or commercial use of the Services or the Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Content; (d) modifying or otherwise making any derivative uses of the Services or the Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Content or any information contained therein, except as expressly permitted on the Services; and (g) any use of the Services or the Content other than for their intended purposes. Any use of the Services or the Content other than as specifically authorised herein, without the prior written permission of Brooks, is strictly prohibited and will terminate the licence granted herein. Such unauthorised 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 shall be construed as conferring any licence to intellectual property rights, whether by estoppel, implication or otherwise.
We may revoke this licence at any time.
5. Repeat Infringer Policy; Copyright Complaints
In accordance with applicable laws, Brooks has adopted a policy of terminating, in appropriate circumstances and at Brooks' sole discretion, account holders or other users of the Services who are deemed to be repeat infringers of our intellectual property rights. Brooks may also, at our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Services infringes any copyright which you own or control, you may notify us of such infringement using the below details:
Name of Designated Agent: Senior E-Commerce Manager
Address: Prins Bernhardplein 200, 1097JB Amsterdam
Phone: +49 251 13530 0
Fax: +49 251 13530289
You should also be aware that if you knowingly make any material misrepresentation to us that the material or activity is infringing, you may be responsible for any damages, including costs and legal fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
"Brooks", "Brooks Running", "Moving Comfort" and the Brooks logo and any other Brooks product or service names, logos or slogans that may appear on the Services are trademarks of Brooks Sports, Inc. or our subsidiaries throughout the world, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Brooks or the applicable trademark holder. You may not use any metatags or other "hidden text" utilising "Brooks", "Brooks Running", "Moving Comfort" or any other name, trademark or product or service name of Brooks without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Brooks and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Brooks.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial purposes, provided that such link does not portray Brooks or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Brooks logo or other proprietary graphic of Brooks to link to the Services without the express written permission of Brooks. Further, you may not use, frame or utilise framing techniques to enclose any Brooks trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without Brooks' express written consent. Except as noted above, you are not granted any right or licence in or under any patent, trademark, copyright or proprietary right of Brooks or any third party.
Brooks makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services or websites linking to the Services. Such sites are not under the control of Brooks, and Brooks is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Brooks provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Brooks of any site or any information contained on those sites. When you leave the Services, you should be aware that our terms and policies do not govern any other site you may visit. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
8. Third-Party Content
Brooks may provide third-party content on the Services and may provide links to web pages and content of third parties (collectively, "Third-Party Content") as a service to those interested in this information. Brooks does not control, endorse or adopt any Third-Party Content and makes no promises of any kind regarding the Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that Brooks is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content at their own risk.
9. Third-Party Products, Services and Promotions
Brooks may run promotions from third parties on the Services or may otherwise provide information about or links to third-party products or services on the Services. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Brooks is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of third-party information on the Services.
10. User Content and Interactive Features or Areas
The Services may include discussion forums, blogs or other interactive features or areas in which you or other users create, post, transmit or store content, including, but not limited to, text, music, sound, photos, video, Product Reviews (as defined in Section 11), graphics, code and other items or materials (collectively, "User Content"). User Content is publicly viewable and may include your profile information and any content you post via your profile. You agree that you are solely responsible for your User Content and for your use of such interactive areas and that you use them at your own risk.
By using the interactive areas of the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
- User Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you promise that you have the lawful right to distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; or
- User Content that, in the sole judgment of Brooks, is objectionable or which restricts or prevents any other person from using or enjoying the Services, or which may expose Brooks or our users to any harm or liability of any type.
You further agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct while on the Services. You agree that you will abide by these Terms and will not:
- Use the Services in any manner that could interfere with, disrupt, negatively affect or prevent other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Send any unsolicited or unauthorised advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or gather or collect the email addresses or other contact information of other users from the Services for the purpose of sending spam or other commercial messages;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures used to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
- Use or attempt to use another's account without authorisation from such user and Brooks;
- Attempt to circumvent any content-filtering techniques we use or attempt to access any service or area of the Services that you are not authorised to access;
- Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose;
- Engage in any harassing, intimidating, predatory or stalking conduct;
- Develop any third-party applications that interact with User Content and the Services without our prior written consent; and
- Use the Services for any illegal or unauthorised purpose or engage in, encourage or promote any activity that violates these Terms.
Brooks is not responsible or liable for the conduct of, or your interactions with, any users of the Services (whether online or offline), nor is Brooks responsible or liable for any associated loss, damage, injury or harm arising out of that conduct or those interactions.
Enforcement of these Terms is solely at Brooks' discretion, and the absence of enforcement of these Terms in some instances does not prevent us from taking any further action against you in order to enforce these Terms in other instances.
In addition, these Terms do not grant any rights to any third party.
We cannot guarantee or promise that the Services will not contain any content that is prohibited by these Terms. As a provider of interactive services, Brooks is not responsible for any statements, representations or User Content provided by our users through the interactive area of the Services. Although Brooks has no obligation to screen, edit or monitor any User Content, Brooks reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.
Any use of the Services in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Services.
11. Product Reviews
12. Rights of User Content
By submitting or posting User Content on the Services, you grant Brooks a non-exclusive, royalty-free, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on or in connection with the Services and on third-party sites forever throughout the world. You also grant Brooks the right to use the name that you submit in connection with such User Content. You understand and agree that the use of your or any other user's name, likeness, voice or identity in connection with various features on the Services does not imply any endorsement of such features or of the Services unless explicitly stated otherwise.
By posting User Content to the Services, you promise that (a) such User Content is non-confidential, (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Services, (c) the User Content is accurate and not misleading or harmful in any manner and (d) your use and posting of the User Content does not and will not violate these Terms or any applicable law, rule or regulation.
Independently and apart from User Content, you can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about Brooks, the Services or our other products and services ("Submissions").
Submissions, whether submitted through the Services or otherwise, are non-confidential and shall be owned by Brooks.
Brooks shall own exclusive rights, including all intellectual property rights, to such Submissions and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. For the avoidance of doubt, this means that you cannot use these Submissions elsewhere or for any other purpose.
To the extent permitted by law, you agree to compensate and/or reimburse Brooks (including any officers, agents, partners, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents) for any claims, damages, losses, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to: (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Services; (c) any Submissions you provide; (d) your violation of these Terms; or (e) your violation of the rights of another.
Except where otherwise set out in writing by Brooks, the Services and the Content are provided on an "as is" basis without warranties of any kind, either expressly or implied. Brooks disclaims all other warranties, expressly or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, ownership and title and non-infringement as to the Services and Content. Brooks does not promise that content on the Services is accurate, complete, reliable, current or error-free.
Brooks is not responsible for typographical or spelling errors or omissions relating to pricing, text or photography. While Brooks attempts to make your access to and use of the Services safe, Brooks cannot and does not promise that the sites or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognised software to detect and remove viruses from any download.
Brooks reserves the right to change any and all content contained in the Services and to modify, suspend or discontinue the Services or any features or functionality of the Services at any time without notice and without obligation or liability to you. 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, or any affiliation therewith, by Brooks. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to you.
16. Limitation of Liability
To the maximum extent permitted by law, Brooks (including any directors, members, employees or agents of Brooks) shall not be liable for special, indirect, incidental, consequential or punitive damages or any other damages of any kind, including lost profits, loss of data or loss of business, even if we have been advised of the possibility of such damages.
In no event shall the aggregate liability of Brooks, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability or strict liability, arising out of or relating to the use of or inability to use the Services or to these Terms exceed any compensation you pay, if any, to Brooks for access to or use of the Services.
We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
To the maximum extent permitted by law, Brooks shall not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in any way connected with the use of or inability to use the Services or the Content contained in or accessed through the Services, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from Brooks.
17. Modifications to the Services
Brooks reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that Brooks will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
18. Governing Law
Any dispute or claim arising out of or in connection with these Terms or your use of the Services will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction over any such dispute or claim.
However, nothing in these Terms affects any rights you have under existing consumer protection legislation or other applicable laws in your home country, including any right you have to bring a claim in the courts of your home country.
Notwithstanding any of these Terms, Brooks reserves the right, without notice and at our sole discretion, to terminate your right to use the Services, or any portion of thereof, and to block or prevent your future access to and use of the Services or any portion thereof.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.