for the PUMA Kit Factory Platform
1.Availability, functionality and changes
1.1 We offer You the possibility to use the Platform if and to the extent that the Platform is available and functional. However, We do not guarantee the continuous availability and functionality of the Platform.
1.2 We offer the possibility to use the Platform only with the functionalities and the quality that the Platform currently provides at the time, but We do not promise any functionality or quality. Information about the functionality and quality of the Platform on the Website or in advertising material is not part of the Contract concluded between Us and You.
1.3 We are entitled to change the Platform, at any time and without prior notice, including to modify functionalities (“Changes”), provided that the Platform continues to generally provide the scope described in Section 2 and that such Changes are not unreasonable for You. However, We are not obligated to make any Changes.
2. Functionality of the Platform
2.1 The platform allows users to customize Puma sports wear for specific sports. All available sports are listed on the Platform and may be subject to changes in the future.
2.2 The platform allows users to customize Puma sports wear for specific sports. All available sports are listed on the Platform and may be subject to changes in the future.
2.3 The Platform shows You a digital representation of Your customization. The image on screen is a preview and merely indicates how the real print may look like. Depending on Your computer and browser, it may differ from the original print.
2.4 Any prices indicated on the Platform are estimates only and based on recommended retail prices. The actual prices are determined by the respective seller only and will be communicated to you in the seller’s offer.
3. Intellectual property and other protective rights
3.2 The Platform 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. 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 Platform 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.
4. Duties of care and cooperation
4.1 You are responsible to ensure that the electronic equipment You use has all the relevant technical specifications that are required for using the Platform.
4.2 When using the Platform, 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.
4.3 You agree to use the Platform solely in compliance with all applicable laws. You are prohibited from using the Platform to support activities that may cause Us to violate applicable law.
4.4 You may not use, upload, copy, submit or publish any names or other text 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 intellectual property rights of third parties. We and/or the seller reserves the right to reject any customization in whole or in part if they fall into one of the above categories. We and/or the seller may do so directly during the customization process on the Platform or following Your submission of the order by cancelling Your order and providing You with a refund.
4.5 By uploading content on the Platform, You confirm that any names or text You submit to Us do not fall into any of the above categories. You grant Us and our group companies a non-exclusive worldwide, sub-licensable right to use, reproduce, disclose and modify the names and texts submitted by You for the purposes of carrying out Your order.
4.6 You also agree not to use the Platform in a way that
a) searches, retrieves, copies or monitors the Platform 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),
b) 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 Platform,
c) damages, disrupts or otherwise impairs the operation of the Platform 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,
d) is designed to investigate, scan or test vulnerabilities of the Platform or to circumvent or compromise security and/or authentication measures that protect the Platform and/or its elements; or
e) copies, translates, disassembles, decompiles, reverse engineers or otherwise modifies the software of the Platform in whole or in part, or creates derivative works thereof.
4.7 We only offer support services for the Platform if these have been explicitly agreed upon in writing. Otherwise, the Platform is offered by Us without support services.
5. Term and termination
5.1 The Contract concluded between Us and You for the use of the Platform runs for an indefinite period of time.
5.2 Each party can terminate the Contract at any time without observing a notice period and without giving a reason.
5.3 The right of each party to extraordinarily terminate the Contract without notice on important grounds as well as Our right to suspend Your access to the Platform pursuant to Section 6 remain unaffected.
6. Suspending access to Your Account
6.1 We may at Our sole discretion suspend access to the Platform if We determine or have reasonable grounds to suspect that Your use of the Platform:
b) infringes the rights of third parties,
c) poses a security risk to the functionality of the Platform,
d) could subject Us and/or other users to liability; or
e) could be fraudulent.
6.3 We will remove a suspension as soon as the reason for the suspension no longer exists.
6.4 Further claims against You remain unaffected.
7.Limitation of liability
7.1 We are liable – regardless of the legal basis – without limitation
a) in the event of intent or gross negligence,
b) in the event of intentional or negligent injury to life, body, or health,
c) in the absence of a guaranteed quality or in the case of fraudulently concealed defects, and
d) on the basis of mandatory liability such as under the German Product Liability Act (or other local laws).
7.2 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 Contract, unless unlimited liability exists in accordance with the above Section 7.1. Essential contractual obligations are obligations which the Contract imposes on Us in accordance with its content in order to achieve the purpose of the Contract, the fulfilment of which is essential for the proper execution of the Contract and upon fulfilment of which the You may regularly rely.
7.3 In all other cases, Our liability is excluded.
7.4 The above limitations of liability also apply regarding the liability of Our vicarious agents, employees, and legal representatives.
8.2 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.
9.2 You are not entitled to transfer the Contract to third parties without Our prior written consent.
9.3 Subject to any mandatory provisions of the applicable law of Your place of residence, the Contract is subject to the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods, CISG. The place of jurisdiction for pecuniary disputes arising out of or in connection with the Contract is Nuremberg, if You, as the party to be sued, have moved Your domicile or usual place of residence to a place outside the Federal Republic of Germany or if Your domicile or usual place of residence is not known to Us at the time the action is filed.
9.4 Should any individual provision of this Contract be or become invalid or unenforceable, this shall not affect the validity of the other provisions of the Contract 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 Contract and the parties agree to provide any necessary declarations in this respect.
[Status: 31 August 2021, v1.0]