2. Purpose and content of the website
2.1 All information and materials on the Website are presented solely for the purpose of providing general information on and promoting products and services of Hamilton. Such information and materials do not constitute offers for products and / or services of Hamilton or official retailers or other third parties, nor do they constitute advice or other instructions on the use of products and / or services of Hamilton.
2.2 The Website may contain information on Our worldwide products and services, not all of which are available at every location. A reference to an Hamilton product or service does not imply that that product or service is or will be available at your location.
3. User content
3.1 Please be aware that whenever you post information to the Website (e.g. a forum or guestbook) that information may be accessible for other users. You should therefore choose carefully the information you post and that you provide to other users.
3.2 Hamilton does not claim any ownership rights in the text, files, images, photos, video, sounds, works of authorship or any other materials that you may post (“User Content”) on the Website. After posting your User Content, you continue to retain all ownership rights in it, and you continue to have the right to use it in any way you choose. By posting your User Content on or through the Website, you hereby grant Us a non-exclusive, sublicensable, transferable, free and worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute your User Content on and through the Website or in the Hamilton section of a third-party platform (Facebook, Twitter, etc.) until you remove your User Content from the Website.
3.3 You represent and warrant that: (i) you own the User Content posted by you on the Website or otherwise have the right to grant the license set forth above, and (ii) the posting of your User Content on the Website does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or company.
3.4 You are solely responsible for the User Content that you post on the Website. You may not post, transmit, or share User Content on the Website that you did not create or that you do not have permission to post. User Content is not necessarily reviewed by Hamilton prior to posting and does not necessarily reflect the opinions or policies of Hamilton. Hamilton makes no warranties, express or implied, as to User Content or the accuracy and reliability thereof or any material or information that you transmit to other users. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law.
3.5 The Website may offer the possibility for users to create a personal account by providing certain information. In such case, you will be required to choose an email address and password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, email address, or password of another user at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
3.6 Hamilton expressly reserves the right to remove any information or materials posted or transmitted by anyone which is in breach of these rules, including any offers for watches. Hamilton will fully cooperate with any law enforcement authorities or court order requesting or directing Hamilton to disclose the identity of anyone posting any such information or materials.
4. Intellectual property rights
4.1 The Website together with any information, text, images, photographs, audio and video clips, designs, graphics, logos, symbols, names, product and corporate designations, as well as all software contained in the Website and all other files, and their selection and arrangement (“the Website Content"), are subject to legal protection, in particular copyright, trademarks and design rights held by Hamilton, its affiliates, its users or its licensors with all rights reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Our prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Website. In addition, no digital content whatsoever may be copied into other programs without the prior written approval of Hamilton.
5.1 While Hamilton uses reasonable efforts to include accurate and up-to-date information on the Website, it makes no warranties or representations with respect to the Website Content, which is provided "as is." In particular, Hamilton neither warrants nor represents that your use of the Website Content will not infringe the rights of third parties not owned by or affiliated with Hamilton.
5.2 Hamilton assumes no responsibility, and shall not be liable for, any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of or browsing of the Website or your downloading of any materials, data, text, images, video or audio from the Website.
5.3 Hamilton reserves the right to interrupt or discontinue any or all of the functionalities of the Website. Hamilton accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionalities of the Website, irrespective of whether this is the result of actions or omissions of Hamilton or any of its affiliates or any third party.
5.4 The Website Content may contain technical inaccuracies or typographical errors. Hamilton reserves the right to make changes, corrections and/or improvements to the Website Content at any time without notice.
6. Links to and from other websites
6.1 Because Hamilton has no control over and does not endorse any of the sites to which the Website is linked and because Hamilton has not reviewed any or all of the sites to which the Website is linked, you acknowledge that Hamilton is not responsible for the content of any off-site pages or any other sites linked to the Website. Responsibility for access to off-site pages and linked third-party sites rests solely with you.
6.3 Framing of the Website by sites or site elements of parties not part of The Swatch Group Ltd. is not permitted. In-line linking or any other manner of incorporating parts of the Website on sites of parties not part of The Swatch Group Ltd. is equally prohibited.
7. Service access
7.1 While Hamilton endeavors to ensure that the Website is normally available 24 hours a day, it will not be liable if for any reason it is unavailable at any time or for any period.
7.2 Access to the Website may be suspended temporarily and without notice in case of a system failure, maintenance or repair or for reasons beyond Our control.
8. Limitation of liability
8.1 In as much as permitted by law, and except for damage caused by intent or gross negligence, Hamilton, and any other company of The Swatch Group Ltd., including the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, or consequential loss or damage, or any loss of income, profits, goodwill or data) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of or browsing of the Website or your downloading of any material from the Website or any websites linked to the Website.