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Last updated: November 2021
1.5. Hosting services for our website is provided by Hetzner Online GmbH in Germany.
2.1. Unless otherwise stated, you should assume that everything that you see or read on the IT-Platforms (such as without limitation all texts, graphics, images, photographs, including any person represented in the photographs, illustrations, icons, video clips, music, written and other materials) (the “IT-Platforms Content”) is protected worldwide by legislation such as copyright, designs, trademark or other intellectual property legislation.
2.2. In particular, all trademarks that appear on the IT-Platforms are registered, unregistered or otherwise protected Fortis trademarks or are licensed for use by Fortis by third parties. Also, as a general rule, all IT-Platforms Content on the IT-Platforms are either Copyright © Fortis or are licensed for use by Fortis.
2.3. Unless otherwise provided herein, nothing contained on the IT-Platforms should be construed as granting any licence or right to use any IT-Platforms Content without Fortis’ prior written consent or that of such third party who owns the IT-Platforms Content.
2.4. Misuse of any IT-Platforms Content, except as provided herein, is strictly prohibited. You are also advised that the Fortis will enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution, for serious offences.
3.1. The IT-Platform Content is presented to you for your personal use only. You may download a copy or print a copy of the material made available to you via the IT-Platforms for your own non-commercial use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are retained intact on the copy and are not changed or modified.
3.2. Any other use of the IT-Platform Content, including without limitation reproduction for public or commercial purposes, modification, publication, distribution, transmission, creation of derivative or secondhand works, display or communication on any other IT-Platform is prohibited. Any unauthorized use of the IT-Platform Content may infringe intellectual property laws, the laws of privacy and publicity, and communications regulations and statutes.
4.1. The products featured on the IT-Platforms are representative of Fortis’ collection. However, it might be that not all Fortis products are featured on the IT-Platforms. Furthermore, the IT-Platforms may contain information on Fortis products, not all of which are available in every Fortis Authorized Point of Sales.
4.2. Fortis has created its various IT-Platforms to provide information about its company and products for your personal use. While best effort is taken to try to ensure that the visual representations of our products featured on the IT-Platforms are representative of the color, design, style, description and size etc. of the original products, variations, distortions and/or differences may occur when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Thus, Fortis shall not be held liable for any error or inaccuracy of the product images displayed on the IT-Platforms compared to the original product. We recommend that you visit one of our Fortis Authorized Points of Sales prior to making a purchase online or by phone.
6.1. Except for any personal information included therein, any communication or material sent to Fortis via the IT-Platforms or through social media, by electronic mail or otherwise including any data, questions, answers, comments, suggestions, or the like, is and will be treated by Fortis as non-confidential and non-proprietary.
6.2. By sending such communications to Fortis, you automatically grant Fortis a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone.
6.3. Any such communication that you transmit may be used by Fortis for any purpose without compensation, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing, and marketing products using such information.
6.4. By submitting such communications, you also warrant that you own the material and content submitted, that it is not defamatory, and that Fortis’ use of the material and content will not violate any third parties’ rights or applicable laws. Fortis is under no obligation to use the communication submitted or to send any confirmation or feedback that a submission is successful.
6.5. Furthermore, Fortis enjoys a worldwide reputation for both the design and manufacture of high quality luxury watches. To this end, it possesses its own sources of creativity, in particular highly skilled teams of designers who conceive and perfect Fortis’ creations. As a result, Fortis does not agree to be the receiver of unsolicited proposals of collaboration and it is possible that Fortis may already be working on similar ideas or projects. Therefore, you are advised that Fortis is not interested in receiving ideas or other proposals relating to creations you may wish to submit.
7.1. Fortis tries to ensure that the information provided on the IT-Platforms is accurate and complete. However, Fortis does not warrant or represent that the IT-Platforms Content is accurate, error-free, reliable and non-infringing on third parties. Nor does Fortis warrant or represent that the access to the IT-Platforms is uninterrupted or error-free, that the IT-Platforms, their servers or the e-mails sent from Fortis are secure and free of viruses. If use of the IT-Platforms or IT-Platforms Content results in the need for servicing or replacing property, material, equipment, data or other element, Fortis shall not be responsible for those costs.
7.2. Without limiting the foregoing, the IT-Platforms are provided to you “as is” and “as available” and therefore, to the fullest extent permitted by applicable law, Fortis gives no warranties of any kind, whether express, implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill or non-infrigement. Fortis and its suppliers make no warranties about the IT-Platforms Content, software, text, downloads, graphics, and links, or about results to be obtained from using the IT-Platforms.
8.1. You access, use, browse and navigate on the IT-Platforms at your own risk. Therefore, Fortis and any other parties involved in the creation, production, or delivery of the IT-Platforms on Fortis’ behalf, shall, to the fullest extent permitted by applicable laws, not be liable for any direct, indirect, incidental, consequential, or punitive damages of any kind, including any liability relating to any loss of use, interruption of business, lost profits or lost data, (all together the “Damages”) arising out of or in connection with the use of the IT-Platforms or of the IT-Platforms Content, regardless of the legal qualification of such Damages (be it contractual, tort or otherwise), even if Fortis was previously informed of the possibility of such Damages.
8.2. Fortis may modify or discontinue providing any of the IT-Platforms, with or without notice to you, but shall not be liable to you or any third party as a result of such modification or discontinuation.
8.3. Please note that some jurisdictions may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations in Sections 7 and 8 may not apply.
9.1. The IT-Platforms may contain links to other platforms operated by third parties not affiliated to Fortis. Those links are provided solely as aids to assist you to identify other platforms that may be of interest. The inclusion of any link to such third-party platforms does not imply endorsement by Fortis of those platforms. The links on Fortis’ IT-Platforms may take you outside of the Fortis network. If you choose to click through any link to off-site pages or third-party sites then this is at your own risk. Fortis has not reviewed all of the content contained in the linked platforms and is not responsible for the content, accuracy or function of these other platforms. Fortis does not authorize linking to any of its IT-Platforms from a third party platform without its express prior written authorization.
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