Converse Netherlands B.V 's Website Terms of Use

Please also visit our Privacy Policy section for information explaining the information we collect and how we use it.

Date of Last Revision: 14 July 2015

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This website is operated by Converse Netherlands B.V, a company registered under the laws of the Netherlands and with its registered address at Colosseum 1, 1213 NL, The Netherlands (collectively, "us", "we" or "Converse"). By accessing or using Converse's websites or digital services (collectively the "Website") you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use") and any other applicable law, whether or not you are a registered member of Converse. The Terms of Use (together with the documents referred to in them) tell you (i) the terms on which Converse supplies the products  listed on the Website including digital products (“Products”); and (ii) the terms of use of the Website. If you are between 16 and 18 years old, you must obtain your parent/guardian's permission to register for the Website, purchase Products from the Website and post User Generated Content (as described in Section A of these Terms of Use).

SECTION A: WEBSITE TERMS OF USE

13   Website Use Restrictions

You may use the Website only for your own non-commercial use to participate in the Website or to place an order or purchase the Products. Any other use is prohibited unless agreed to by Converse in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any intellectual property or content appearing on the Website, including User Generated Content (defined below), without Converse's prior written consent, unless it is your own User Generated Content that you legally post on the Website. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any licence of intellectual property rights to you.

14   Safeguard Your Username/Password

You are responsible for any actions that take place while using your Converse account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Website. You agree to notify Converse immediately of any unauthorized use of your Converse account. Converse is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

15   Intellectual Property

As between you and us, all intellectual property in the Products and the Bespoke Products which subsists now or at any time in the future shall without limitation vest in and be the absolute property of us.

All intellectual property on the Website is owned by Converse or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the CONVERSE name, the Star and Chevron Design and the Chuck Taylor Ankle Patch) are trademarks or registered trademarks of Converse.

16   User Generated Content

"User Generated Content" is communications, materials, information, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users publish, display, upload, disclose, transmit, store, share or otherwise make available ("post") on or through the Website, except to the extent the content is owned by Converse.

a. Posting Rules: User Generated Content and User Conduct

Be Responsible.

You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Website. Do not take any action or post anything that may expose Converse or its users to any harm or liability of any type.

Be Relevant and Constructive.

Stay on topic and post only constructive comments and questions. Unless the Website feature asks for it, don't talk about policies, future products, speculations or rumors about Converse and Converse products, or anything else off topic.

Be Courteous and Appropriate.

Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in Converse's sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person's consent. Do not "stalk," intimidate, abuse, harm or harass another Website user or person.

Be Private.

Do not post personal information, including your email address, IM address, or phone number. Do not collect or solicit personally identifiable information from other Website users or send unsolicited emails or other communications. Do not collect, use or post on the Website the private information of anyone else without their consent or for illegal purposes, including without limitation addresses, phone numbers, email addresses, social security numbers and credit card information.

Be Personal.

The Website is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Website or accept payment from a third party in exchange for your performing commercial activity on the Website. Do not post any User Generated Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming." Do not use automated scripts to collect information from, or otherwise interact with, the Website.

Be Yourself.

Do not impersonate any person or entity, including without limitation athletes or Converse employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one Converse account, register a Converse account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person's account, username or password.

Be Original.

You promise that you own or control all rights in any User Generated Content that you post on the Website. You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant Converse all of the license rights granted in these Terms of Use.

Be Legal.

Do not post any User Generated Content, take any action or use the Website in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Website designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Website. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Website security technology or software.

b. General Rules for User Generated Content

User Generated Content is Not Prescreened

Converse does not guarantee to prescreen User Generated Content. Converse does not guarantee the Website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Converse is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Even in the event Converse chooses to monitor any User Generated Content, Converse assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. Converse reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.

Converse's Rights to Your Posting

Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Converse a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

Complaints

Immediately notify Converse in writing of any objectionable content appearing on the Website. Converse will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but makes no promise that it will edit or remove any specific User Generated Content.

Copyright Infringement Complaints

We respect the intellectual property rights of others and we prohibit users from posting on the Converse Website any content that violates another party’s intellectual property rights. If you believe that your work has been improperly copied and posted on the website, please us know.

17   Links

The Website may contain links to websites operated by other companies. Converse does not endorse, monitor or have any control over these linked websites, which have separate terms of use and privacy policies. Converse is not responsible for the content or policies of linked websites and you access such websites at your own risk.

18   Published Activity

Converse allows you the option to publish about the actions you take on Converse’s Website to Facebook, Twitter and other social platforms. Converse does not control which information gets disseminated on participating social platforms. You agree to allow Converse to check your Converse cookies when you are visiting participating social platforms, and allow Converse to receive information about your use of those social platforms.

19   Indemnification

You agree to indemnify, defend, and hold harmless Converse, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of content on the Website, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms of Use, any law or the rights of any third party.

20   Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Website.

21   User Interaction Disclaimer

You are solely responsible for your interactions with other Website users, whether online or offline in person. Converse is not responsible or liable for any loss or damage resulting from any interaction with other Website users or persons you meet through the Website. You agree to take reasonable precautions in all interactions with other users on the Website, whether online or offline, and conduct any necessary investigation before meeting another person. In addition, you agree to review Converse’s Privacy Policy prior to using this Website. Converse is under no obligation to become involved with any user dispute, but may do so at its own discretion.

22   Warranty Disclaimer

Converse is not responsible or liable for any User Generated Content or other content posted on the Website (“Content”) or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, User Generated Content, Content, and the materials and products on this Website are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, Converse disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Converse cannot guarantee and does not promise any specific results from use of the Website. Converse does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, Converse does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content (including any mobile client) at your own risk, and that you will be solely responsible for your use and any damage to your mobile device or computer system, loss of data or other harm of any kind that may result. Converse reserves the right to change any and all Content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

23   Limitation of Liability

If Converse breaches these Terms of Use Converse will be responsible for any losses which you suffer as long as they were reasonably foreseeable to both you and us. 

Converse does not in any way exclude or limit its liability for:

- death or personal injury caused by its negligence;
- fraud or fraudulent misrepresentation;
- any other loss which cannot be excluded by applicable law.

The maximum reimbursement of the above damages will (if applicable) be the purchase price of the Products concerned. We shall not be liable for damage incurred by a third party resulting from the use of any of our Products. We shall not be liable for damage incurred by you as a result of your improper use of any of our Products.

We are not liable for damages as a result of incorrect information on the Websites.

24   Termination

Converse reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. Converse also reserves the right to block users from certain IP addresses and prevent access to the Website. You may terminate your account at anytime by clicking the “deactivate account” button in the Account Settings. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Website, or on other social platforms (e.g., Facebook and Twitter), may continue to appear on the Website or on other social platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated.

 

SECTION B: GENERAL

25   WEBSITE OWNER

This Site is controlled by Converse Netherlands B.V. from its offices in Colosseum 1, 1213 NL Hilversum, The Netherlands.

26   Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

27   WRITTEN COMMUNICATIONS AND NOTICES

We will mainly communicate with each other electronically, such as by email.  Applicable laws may require that some of the information or communications Converse send to you should be in writing, for which purpose we both agree that electronic communications will suffice.  This paragraph does not affect your statutory rights.

All notices given by you must be given in writing and delivered by email.  Notices to you may be given to the email address or the invoice address provided when you placed your order.

28   EVENTS OUTSIDE OUR CONTROL

Neither of us shall be liable to the other for any delay or non performance of its respective obligations under the Terms of Use to the extent that performance is interrupted or prevented by any act or omission beyond its reasonable control.  This paragraph does not affect your statutory rights and in particular Converse’s obligation to perform the Contract within 30 days of order as set out in paragraph ‎10.

Such delay or non-performance will not be a breach of the Contract and the time for performance will be extended by the period during which performance is prevented. 

29   Variations

Converse may change these Terms of Use at any time without notice, effective upon its posting to the Website. You agree to review these Terms of Use regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.

In relation to Products, you will be subject to the policies and terms in force at the time that you order Products from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if Converse notifies you of the change to those policies or these terms before Converse sends you the Order Confirmation (in which case Converse has the right to assume that you have accepted the change to the terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).

30   WAIVER

If either of us does not insist upon strict performance of any of the other’s obligations under the Contract or any of these terms, or if either of us does not exercise any of the rights or remedies to which Converse is entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the other of us from compliance.

31   LAW AND JURISDICTION

Contracts for the purchase of Products through the Website will be governed by English law.  Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.