This Elan Snowboards Web Site contains specific information for viewing or downloading.
Elan Snowboards may stop the operation of the Elan Snowboards Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Elan Snowboards cannot accept any liability for the continuous availability of the Elan Snowboards Web Site.
3. Registration, Password
Some pages of the Elan Snowboards Web Site may be password protected. In the interest of safety and security of the business transactions, only registered Users may access said pages. Elan Snowboards reserves the right to deny registration to any User. Elan Snowboards particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Elan Snowboards is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User
* uses false data for the purpose of registration;
* violates any applicable laws in the access to or use of the Elan Snowboards Web Site; or
* did not use the Elan Snowboards Web Site for longer than one year.
Upon registration the User will be provided with an access code, comprising a User ID and a password (“User Data”). On first access the User shall promptly change the password received from Elan Snowboards into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.
The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password-protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify Elan Snowboards thereof without undue delay in writing, or, as the case may be, by e-mail.
After receipt of the notice under paragraph 3.4, Elan Snowboards will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User’s application to Elan Snowboards or upon new registration.
The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Elan Snowboards will remove all user data and other stored personally identifiable data of the User as soon as these data is no longer needed.
4. Rights of Use to Information
Elan Snowboards grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information made available to the User on or via the Elan Snowboards Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Elan Snowboards in making same available.
Information may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available.
The information is protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.
5. Intellectual Property
Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.
6. Duties of the User
In accessing or using the Elan Snowboards Web Site the User shall not
* harm other persons, in particular minors, or infringe their personal rights;
* breach public morality in its manner of use;
* violate any intellectual property right or any other proprietary right;
* upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
* transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
* distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball sys-tem, chain letter, pyramid game or similar activity.
The Elan Snowboards Web Site may contain hyperlinks to the web pages of third parties. Elan Snowboards shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Elan Snowboards does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.
8. Liability for defects of title or quality
Insofar as any information is made available at no cost, any liability for defects as to quality or title of the information especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.
The information on the Elan Snowboards Web Site may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.
9. Other Liability, Viruses
Although Elan Snowboards makes every endeavor to keep the Elan Snowboards Web Site free from viruses, Elan Snowboards cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User’s disadvantage.
10. Data Privacy Protection
11. Place of Jurisdiction, Applicable Law
The place of jurisdiction shall be Begunje if the User is a merchant in terms of the Slovene Commercial Code.
The individual pages of the Elan Snowboards Web Site are operated and administered by Elan Snowboards and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Elan Snowboards makes no representation that information on the Elan Snowboards Web Site are appropriate or available for viewing or downloading at locations outside such country. If Users access Elan Snowboards Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Elan Snowboards Web Site’s information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with Elan Snowboards, the User should contact the Elan Snowboards representative for the particular country for country specific business.