1. Scope

Any use of this web site provided by Elan Snowboards and/or its affiliates (“Elan Snowboards”), “Elan Snowboards Web Site”, is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the Elan Snowboards Web Site these Terms of Use are accepted in their then cur-rent version.

2. Services

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 these Terms of Use or neglects its duty of care with regard to User Data;
* 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

The use of any information made available on or via this Elan Snowboards Web Site is subject to these Terms of Use or, in case of updating information subject to the applicable license terms previously agreed to with Elan Snowboards. Separately agreed to license terms shall prevail over these Terms of Use.

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

Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names and other contents of the Elan Snowboards Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Elan Snowboards.

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.

Elan Snowboards may deny access to the Elan Snowboards Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

7. Hyperlinks

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

The liability of Elan Snowboards for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these Terms of Use. Any further liability of Elan Snowboards is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.

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

For collection, use and processing of personally identifiable data of the User of the Elan Snowboards Web Site, Elan Snowboards shall comply with applicable laws on data privacy protection and the Elan Snowboards Web Site Data Protection Privacy Policy, which is available per hyperlink on the Elan Snowboards Web Site and/or on www.Elan Snowboards.com.

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.

These Terms of Use shall be governed by – and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with – the laws of Slovenia, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.

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