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* Sign Up Terms and Conditions
SITE TERMS & COPYRIGHT COPYRIGHT Copyright © USTOBI.COM. This web site and its contents are proprietary to USTOBI.COM and are intended solely for the use of its clients to obtain knowledge and information regarding USTOBI.COM products. Its contents shall not be used or distributed or otherwise communicated, disclosed or reproduced for any other purpose without the prior written consent of USTOBI.COM. TRADEMARKS USTOBI.COM is registered trademarks of USTOBI.COM. USTOBI.COM product and feature and content names are registered or unregistered trademarks of USTOBI.COM. Other product and company names are trademarks of their respective owners. Primary trademark is “USTOBI.COM”. Product names and slogans may also be registered. All trademarks, registered or unregistered, are owned by USTOBI.COM. Ownership or registration by divisions, subsidiaries or third parties is strictly forbidden. DOMAIN NAMES The official domain names is WWW.USTOBI.COM. USTOBI.COM reserves the rights to all domain names containing its trademark “USTOBI.COM”. If an importer feels that the local version(s) of the USTOBI.COM domain names are needed, and the version is deemed relevant by USTOBI.COM, USTOBI.COM will register these versions. All USTOBI.COM domains forward to USTOBI.COM. Under no circumstances shall subsidiaries or third parties independently register versions of these domain names. USTOBI.COM distributors, importers and dealers may host their own web sites to promote and sell USTOBI.COM products. However, the domain names may not contain the name USTOBI.COM or the names of its other trademarks. USTOBI.COM may, upon request and review, place links from USTOBI.COM to these sites and links will be located in the importer or dealer lists. TERMS AND CONDITIONS 1. Acceptance These Terms and conditions together with the Privacy Policy (collectively “Terms”) govern your use of the application or website where you accessed these Terms and use of the related services (collectively "Service") and the Terms constitute an agreement between you and USTOBI.COM defining the rights and responsibilities of you and USTOBI.COM including its affiliates and suppliers (collectively “USTOBI.COM”) with respect to the Service. There may be additional conditions applicable to certain parts of the Service. You are not allowed to use the Service if you do not agree to the Terms. 2. Eligibility To use the Service, you must be at least thirteen (13) years of age. If you are at least thirteen (13) years of age but a minor where you live, you must review the Terms and have your parent or legal guardian complete the registration on your behalf for you to use the Service. The person completing the registration must be legally competent. 3. Registration and Termination You agree to provide truthful and complete information when registering for the Service and to keep that information updated. Providing misleading information about your identity is forbidden. When you register, you will create a username and a password. You (and your parent or legal guardian, if you are a minor) are personally responsible for any use of the Service with your username and password. You agree to take due care in protecting your username and password against misuse by others and promptly notify USTOBI.COM about any misuse. You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. USTOBI.COM may terminate your registration or restrict your access to certain parts of the Service if there is an indication that you have breached the Terms or with a prior notice if you have not signed into the Service with your username in the past six (6) months. Except as set forth in Privacy Policy, USTOBI.COM shall not be responsible for any removal of the information or content you have submitted (“Material”) from the Service when your registration is terminated. After the Material is removed from the Service by either you or USTOBI.COM, some traces of the Material may remain and copies of the Material may still reside within the Service. 4. Using the Service You agree to: Use the Service only for your private, non-commercial purposes; Comply with applicable laws, the Terms and good manners; Not submit unlawful, offensive, abusive, pornographic, harassing, libelous or other inappropriate Material; Respect the privacy of others; Obtain any consents, permission or licenses that may be required for you to have the legal right to submit any Material; and Not distribute or post spam, files or technologies that may harm the Service, or the interest or property of the Service users. USTOBI.COM may but has no obligation to: Monitor or moderate any of the Material; and Remove any Material from the Service and restrict access to any part of the Service at any time in its sole discretion. 5. Allegations of Copyright Infringement You may notify USTOBI.COM of copyright infringement on the Service by providing notice (a) by email with “Copyright Notification” in the subject line to info@USTOBI.COM, (b) by a document titled “Copyright Notification” mailed to USTOBI.COM, if available. Your notice must: (1) Identify the original copyrighted work you claim is infringed; (2) Identify the content on the Service that you claim is infringing the copyrighted work. Please provide enough detail for USTOBI.COM to locate the allegedly infringing content on the Service; (3) Provide your contact information, including your full name, mailing address, telephone number, and email address, if available; (4) Provide a statement that you have a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; (5) Provide this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed."; and (6) Provide your signature. 6. Licenses USTOBI.COM does not claim ownership in your Material. Your submission of Material to the Service does not transfer ownership rights in the Material to USTOBI.COM. However, by submitting Material to the Service you grant USTOBI.COM a worldwide non-exclusive, assignable, fully paid, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute and modify the Material, and to prepare derivative works thereof, or incorporate the Material into other works as well as sublicense the same. Users of the Service are granted a non-exclusive, non-transferable, revocable license (revocable at the sole discretion of USTOBI.COM at any time) to access and use the Service strictly in accordance with the Terms. Any further intellectual property rights in any information or content in the Service are not granted. 7. Fees Your use of the Service may be or may become subject to charges. Any fees charged by USTOBI.COM will be announced separately in connection with the Service. Use of the Service may involve transmission of data through your service provider’s network. Your network service provider may charge for such data transmission. USTOBI.COM assumes no responsibility for the payment of any charges. 8. Availability The Service may not be available in some countries and may be provided only in selected languages. The Service may be network dependent, contact your network service provider for more information. USTOBI.COM reserves the right, in its sole discretion, to change, improve and correct the Service. The Service may not be available during maintenance breaks and other times. USTOBI.COM may also decide to discontinue the Service or any part thereof in its sole discretion. In such case you will be provided a prior notification. 9. Dealings with Others You may interact with other users on or through the Service. You agree that any such interactions do not involve USTOBI.COM and are solely between you and the other user(s). 10. Personal Data The Privacy Policy and additional provisions in these Terms govern use of your personal data. 11. Limitation of Liability The Service is provided on “AS IS” and “AS AVAILABLE” basis. USTOBI.COM does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources. Except for liability for death or personal injury caused by gross negligence or intentional misconduct, USTOBI.COM shall not be liable for any direct, indirect, incidental, punitive or consequential damages caused by the use or inability to use the Service. 12. Indemnification You agree to defend, indemnify and hold harmless USTOBI.COM from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of i) your breach of the Terms, ii) your infringement or violation of any intellectual property, other rights or privacy of a third party, iii) misuse of the Service by a third party where such misuse was made available by your failure to take reasonable measures to protect your username and password against misuse. 13. Miscellaneous 13.1 Choice of Law and Arbitration Except where prohibited by applicable law or provided otherwise herein, the Terms shall be governed by the laws of Finland without regard to its conflict of law provisions. If you are a US resident the following paragraph shall apply: The Terms shall be governed by the laws of New York without regard to its conflicts of law provisions. Any dispute relating to these Terms or the Service shall be submitted to binding arbitration in Manhattan, New York within eighteen (18) months of the date the facts giving rise to the suit were known, or should have been known, by the complainant, except that USTOBI.COM may seek injunctive or other relief if you have violated or threatened to violate any intellectual property rights. All matters relating to arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. §1 et. seq.). Arbitration shall be conducted by a single arbitrator under the then prevailing Wireless Arbitration Rules of the American Arbitration Association (“AAA”), Each party must submit any claim which would constitute a compulsory counterclaim in litigation or such claim shall be barred. No award of exemplary, special, consequential or punitive damages shall be permitted. The losing party, as determined by the arbitrator, shall pay the arbitration fees. The arbitrator's award shall be binding and may be entered as a judgment and enforceable in any court of competent jurisdiction. Arbitration shall be conducted on an individual, not class-wide basis, and no arbitration shall be joined with an arbitration involving any other person or entity. 13.2 Validity The Terms shall neither exclude nor limit any of your mandatory rights in your country of residence. If a provision of the Terms is found to be invalid, the validity of the remaining provisions shall not be affected and the invalid provision shall be replaced with a valid provision that comes closest to the result and purpose of the Terms. If there is any conflict between these Terms and the Privacy Policy, the provisions of these Terms shall prevail. The provisions of the Terms that are intended to survive termination shall remain valid after any termination. 13.3 Changes in Terms USTOBI.COM reserves the right to modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, USTOBI.COM will provide a separate prior notice advising of such change. You are responsible for regularly reviewing the Terms. Your continued use of the Service shall constitute your consent to any changes and modifications. 13.4 Links to Third Party Sites and Content For your easy accessibility USTOBI.COM may include links to sites on the Internet that are owned or operated by third parties and that are not part of the Service. Upon following a link to such a third-party site, you shall review and agree to that site's rules of use before using such site. You agree that USTOBI.COM has no control over the content of third-party sites and cannot assume any responsibility for services provided or material created or published by such sites. A link to a third-party site does not imply that USTOBI.COM endorses the site or the products or services referenced in the site. In addition, users may create links within the Service to content that has not otherwise been submitted to the Service. You agree that USTOBI.COM is neither responsible for nor liable for any such links. 14. Intellectual Property The Service and related software are protected under international copyright laws and you are hereby notified that copyrights are claimed by USTOBI.COM. Subject to the Terms, USTOBI.COM retains all right, title and interest in the Service and in all USTOBI.COM's products, software and other properties provided to you or used by you through the Service.
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* Privacy Statement
PRIVACY POLICY USTOBI.COM IS COMMITTED TO PROTECTING YOUR PRIVACY USTOBI.COM is committed to protecting your privacy and complying with applicable data protection and privacy laws. We hope that this Privacy Policy (“Policy”) helps you understand what kind of information we collect in connection with our products and services and how we process such information. Throughout this Policy the term “personal data” means information relating to an identified or identifiable individual (i.e. a natural person). “USTOBI.COM” refers to USTOBI.COM Oy, including its affiliates and subsidiaries and Amer Sports Corporation group companies (also referred to as “we”, “us”, or “our”). This Policy applies to personal data collected in connection with products and services offered by USTOBI.COM or from other interactions with us where a link or other reference of incorporation to this Policy is made, for example, in connection with our products and accessories, websites (also including mobile websites), applications and other types of services offered by USTOBI.COM typically in electronic form, as well as other services such as customer care and warranty services, customer events, or promotions and campaigns. We may provide additional or amending privacy information in connection with a particular USTOBI.COM product or service. Such information prevails over this Policy to the extent of any conflict. Our products or services may contain links to other companies’ websites and other third party services that have privacy policies of their own. We recommend that you read the privacy policies of such services. USTOBI.COM is not responsible for the privacy practices or contents of any such services. By using the relevant website /or by submitting personal data to USTOBI.COM/or by clicking “I Agree”, depending on the website, service, or application you are using, you express your consent and agreement to the processing of your personal data in the manner provided in this Policy. If you do not agree with this Policy, please do not use this website, or provide USTOBI.COM with your personal data, or do not grant your consent otherwise. DATA COLLECTED We collect your personal data typically when you make a purchase, use or register into our services, enter into a sales promotion or a campaign or otherwise interact with us. We endeavor to collect personal data only with your knowledge or consent. Below are examples of the categories of data collected. Technical Information For the most part, you may visit our websites or use our products or services without having to tell us who you are. However, certain technical information is normally collected as a standard part of your use of our services. Such information includes, for example, your IP-address, access times, the website you linked from, pages you visit, the links you use, the adbanners and other content you viewed, information about your devices and other such technical information your browser provides us with or as may be otherwise collected in connection with certain products and services. When you use our services or otherwise interact with us over telecommunications networks, certain additional information, such as your mobile subscription number, may be transmitted to us by the telecommunications operator as a standard part of that communication. Please also see the section “Use of Cookies and Web Beacons” below. Information you provide us with When you register for our services, make a purchase, enter a sales promotion or otherwise interact with us, we may ask you to provide us with information such as your name, email address, street address, as well as user names, passwords and other such credentials that are used to authenticate users and to validate their actions or that may be needed to provide you with the products and services you have requested or to communicate with you, as well as information uploaded by you such as location, route information, pictures etc. We may collect training data, demographic information, for example, your age, gender, postal code and language preferences. We may also collect other information you provide, such as your consents, preferences and feedback, information relating to your devices and other such information you provide us with. Please note that certain non-identifiable information collected from you may become personally identifiable when you provide us with your personal data. We may also obtain, in accordance with applicable law, some personal data from list-rental companies and other such publicly available sources. Some of our services may allow you to submit information about other people, for example, if you make an order for a product that you wish us to send directly to another recipient. Your transactions with us We collect or ask for information relating to your purchase and/or use of our products and/or services and your other interactions with us. Such information may include, for example, details of the queries or requests you have made, the products and services provided (including delivery details), financial details (including payments made, credit card details, billing address, credit checks and other such financial information), details of agreements between you and USTOBI.COM, records of contacts and communications, information and details relating to the content you have provided us with and other such transactional information. We may, in accordance with applicable law, record your communication with our customer care or with other such contact points. Certain services may involve the use of your location data. However, use of your location data for such services is subject to your prior consent, for each service. The Purposes For Which We Process Your Personal Data USTOBI.COM processes your personal data for the purposes described in this Policy and/or any additional service specific privacy information. Please note that one or more purposes may apply simultaneously. Provision of products and services We may use your personal data to fulfill your requests, process your order or as otherwise may be necessary to perform or enforce the contract between you and USTOBI.COM, to ensure the functionality and security of our products and services, to identify you and to prevent and investigate fraud and other misuses. Development of products and services We may use your personal data to develop our products and/or services. However, for the most part we only use aggregate and statistical information in the development of our products and services. We may also use your personal data to personalize our offering and to provide you with service more relevant to you, for example, to make recommendations and to display customized content and advertising in our websites. We may combine personal data collected in connection with your use of a particular USTOBI.COM product and/or service with other personal data we may hold about you, except where such personal data was collected for a different purpose. We may create aggregate and statistical information based on your personal data. Communicating with you and marketing We may use your personal data to communicate with you, for example, to provide information relating to our products and/or services you are using or to contact you for customer satisfaction queries. We may use your personal data for marketing or research purposes, for example, to conduct market research and we may, in accordance with applicable law, contact you to inform you of new products, services or promotions we may offer. Also, some of our products and services may be used to promote products and services of other companies. However, USTOBI.COM does not disclose your personal data to such companies or any other company for marketing purposes without your prior consent. Sharing Your Personal Data We do not sell, lease, rent or otherwise disclose your personal data to third parties unless otherwise stated below. Consent We may share your personal data to third parties not mentioned in this document only if we have your consent to do so. Your consent may, depending on the service, be implied or express. For example, if you submit and publish your own personal data to our user communities, such actions will be construed as you granting your consent to such processing. Mandatory disclosures We may be obligated by mandatory law to disclose your personal data to certain authorities or other third parties, for example, to law enforcement agencies in the countries where we or third parties acting on our behalf operate. We may also disclose and otherwise process your personal data in accordance with applicable law to defend USTOBI.COM’s legitimate interests, for example, in civil or criminal legal proceedings. Mergers and Acquisitions If we decide to sell, buy, merge or otherwise reorganise our businesses in certain countries, this may involve us disclosing personal data to prospective or actual purchasers and their advisers, or receiving personal data from sellers and their advisers. Collecting the Data of Minors USTOBI.COM does not seek to collect any information from or engage in any transactions with persons under the age of 13. Our databases may nevertheless contain personal data of children under 13 due to the fact that it is not always possible to determine precisely the age of the user. We reserve the right to block the service from any person who is under 13 years of age. USTOBI.COM’s policy is to request that minors (the legal age of majority and therefore the age of minors is determined by local law where you reside) do not make purchases or engage in other legal acts on our products and services without the consent of a parent or legal guardian, unless otherwise permitted by applicable law. Data Quality We take reasonable steps to keep the personal data we possess accurate and up-to-date and to delete out of date or otherwise incorrect or unnecessary personal data. As certain USTOBI.COM products and services may allow you to manage your profile, we encourage you to access your personal data from time to time to ensure that it is correct and up-to-date. Please remember that it is your responsibility to provide us with correct details as well as to update the personal data you have provided us with in case of any changes. Security USTOBI.COM takes reasonable technical and organizational information security measures to prevent and minimize such risks associated with providing personal data. Such measures include, where appropriate, the use of firewalls, secure server facilities, encryption, implementing proper access rights management systems and processes, careful selection of processors and other technically and commercially reasonable measures to provide appropriate protection for your personal data against unauthorized use or disclosure. Where appropriate, we may also take back-up copies and use other such means to prevent accidential damage or destruction to your personal data. If a particular part of a USTOBI.COM website supports on-line transactions, we will use an industry standard security measure, such as the one available through “Secure Sockets Layer” (“SSL”), to protect the confidentiality and security of online transactions. Use of Cookies and Web Beacons From time to time when you visit a USTOBI.COM website, information may be placed on your computer to allow us to recognize your computer in the form of a text file known as a “cookie”. Our use of cookies is intended to provide benefits to you, such as eliminating the need for you to enter your password frequently during a session or the need to re-enter items you place in a shopping cart if you do not finish a transaction in a single visit. Cookies are also used for website traffic analysis and anonymous demographic profiling so that we may improve our services. USTOBI.COM may use so called web beacons (or “pixel tags”) in connection with some websites. However, we do not use them to identify individual users personally. Web beacons are typically graphic images that are placed on a website and they are used to count visitors to a website and/or to access certain cookies. This information is used to improve our services. Web beacons do not typically collect any other information than what your browser provides us with as a standard part of any internet communication. If you turn off cookies, the web beacon will no longer be able to track your specific activity. The web beacon may, however, continue to collect information of visits from your IP-address, but such information will no longer be unique. If you do not wish to receive cookies, or want to be notified before they are placed, you may set your web browser to do so, if your browser so permits. Please understand that if cookies are turned off, you may not be able to view certain parts of this site that may enhance your visit. Some of our business partners whose content is linked to or from this site may also use cookies or web beacons. However, we have no access to or control over these cookies. Your Rights In case you wish to know what personal data we hold about you or you wish to replenish, rectify, anonymize or delete any incomplete, incorrect or outdated personal data, or you wish us to cease processing your personal data for the purpose of sending promotional materials or direct marketing or for the performance of market research or on other compelling legal grounds, you may, as appropriate and in accordance with applicable law, exercise such rights by contacting us through the contact points referred to below. In some cases, especially if you wish us to delete or cease the processing of your personal data, this may also mean that we may not be able to continue to provide the services to you. We encourage you to use available profile management tools for the above purposes as such tools often provide you with direct access to your personal data and allow you to effectively manage it. Please note that USTOBI.COM may need to identify you and to ask for additional information in order to be able to fulfill your above request. Please also note that applicable law may contain restrictions and other provisions that relate to your above rights. The Controller of Your Personal Data and Contact Details USTOBI.COM, 10220 SW NIMBUS AVE STE.K8, PORTLAN, OR 97223 UNITED STATES is the controller of your personal data. In matters pertaining to USTOBI.COM’s privacy practices you may also contact us at: USTOBI.COM 10220 SW NIMBUS AVE STE K8 PORTLAND OR 97223 UNITED STATES Changes to This Privacy Policy USTOBI.COM may from time to time change this Privacy Policy or change, modify or withdraw access to this site at any time with or without notice.
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