1. Acceptance
These Terms and conditions together with the Privacy Policy (collectively “Terms”) govern your use of the application or website where you accessed these Terms and use of the related services (collectively "Service"), and the Terms constitute an agreement between you and Suunto Oy defining the rights and responsibilities of you and Suunto including its affiliates and suppliers (collectively “Suunto”) with respect to the Service. There may be additional conditions applicable to certain parts of the Service.
These Terms will become applicable as of May 25, 2018.
You are not allowed to use the Service if you do not agree to the Terms.
2. Eligibility
To use the Service, you must be at least sixteen (16) years of age. If you are at least sixteen (16) years of age but a minor where you live, you must review the Terms and have your parent or legal guardian complete the registration on your behalf for you to use the Service. The person completing the registration must be legally competent.
By accepting these Terms and starting the use of the Service, you represent and warrant that you have complied with the aforementioned procedure.
3. Registration and Termination
You agree to provide truthful and complete information when registering for the Service and to keep that information updated. Providing misleading information about your identity is forbidden.
When you register, you will create a username and a password. You (and your parent or legal guardian, if you are a minor) are personally responsible for any use of the Service with your username and password. You agree to take due care in protecting your username and password against misuse by others and to promptly notify Suunto about any misuse.
You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to the Service. Suunto may terminate your registration or restrict your access to certain parts of the Service or take any other action of whatsoever nature, as it may deem appropriate at its exclusive discretion if there is an indication that you have breached the Terms or, with a prior notice, if you have not signed into the Service with your username in the past six (6) months.
Except as set forth in Privacy Policy, Suunto shall not be responsible for any removal of the information or content you have submitted (“Material”) from the Service when your registration is terminated.
After the Material is removed from the Service by either you or Suunto, some traces of the Material may remain and copies of the Material may still reside within the Service.
4. Using the Service
You agree to:
a) Use the Service only for your private, non-commercial purposes;
b) Comply with applicable laws, the Terms and good manners;
c) Not submit unlawful, offensive, abusive, pornographic, harassing, libelous or other inappropriate Material;
d) To comply with all local rules regarding online conduct and acceptable Materials;
e) Respect the privacy of others;
f) Obtain any consents, permission or licenses that may be required for you to have the legal right to submit any Material; and
g) Not distribute or post spam, files or technologies that may harm the Service, or the interest or property of the Service users.
Suunto shall not be responsible for Material posted to the Service by users. Suunto may but has no obligation to:
a) Monitor or moderate any of the Material; and
b) Remove any Material from the Service and restrict access to any part of the Service at any time at its sole discretion.
5. Allegations of Copyright Infringement
You may notify Suunto of copyright infringement on the Service by providing notice (a) by email with “Copyright Notification” in the subject line to copyright.notices@suunto.com, (b) by a document titled “Copyright Notification” mailed to Suunto, Attn: Tammiston kauppatie 7 A, 01510 Vantaa, Finland, or (c) via the online form, if available. Your notice must:
1) Identify the original copyrighted work you claim is infringed;
2) Identify the Service and the content on the Service that you claim is infringing the copyrighted work. Please provide enough detail for Suunto to locate the allegedly infringing content on the Service;
3) Provide your contact information, including your full name, mailing address, telephone number, and email address, if available;
4) Provide a statement that you have a good faith belief that the use of the content in the manner referenced is not authorized by the copyright owner, its agent, or the law;
5) Provide this statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed."; and
6) Provide your signature.
6. Licenses
Suunto does not claim ownership of your Material. Your submission of Material to the Service does not transfer ownership rights of the Material to Suunto.
However, by submitting Material to the Service, you grant Suunto a worldwide non-exclusive, assignable, fully paid, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute and modify the Material, and to prepare derivative works thereof, or incorporate the Material into other works as well as sublicense the same.
Users of the Service are granted a non-exclusive, non-transferable, revocable license (revocable at the sole discretion of Suunto at any time) to access and use the Service strictly in accordance with the Terms. Any further intellectual property rights of any information or content in the Service are not granted. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of Suunto is prohibited except in accordance with the following terms.
Suunto consents to your use of the Service on your computer or mobile terminal, smart watch or other similar devices, as applicable, downloading the outcomes of the Service and printing copies of extracts from these pages for your personal use only and not for redistribution, unless consented to in writing by Suunto.
7. Fees
Your use of the Service may be or may become subject to charges.
Any fees charged by Suunto will be announced separately in connection with the Service.
Use of the Service may involve transmission of data through your service provider’s network or from the use of mobile and/or internet, including without limitation SMS, MMS and WAP browsing, data transfer and other services that require the use of airtime and mobile. Your network service provider may charge for such data transmission.
Suunto assumes no responsibility for the payment of any charges, and your operator/carrier is in every respect solely responsible for the services it provides to you.
8. Availability
The Service may not be available in some countries and may be provided only in selected languages. The Service may be network dependent. Contact your network service provider for more information.
Suunto reserves the right, at its sole discretion, to change, improve and correct the Service. The Service may not be available during maintenance breaks and other times.
Suunto may also decide to discontinue the Service or any part thereof at its sole discretion. In such case you will be provided a prior notification. Suunto shall not be liable to you or any third party for the possible discontinuance of the Service or any part thereof.
9. Dealings with Others
You may interact with other users on or through the Service. You agree that any such interactions do not involve Suunto and are solely between you and the other user(s).
10. Personal Data
The Privacy Policy, as amended from time to time and available at www.suunto.com/privacypolicy, and additional provisions in these Terms govern use of your personal data. The Privacy Policy defines how, why and to which extent Suunto collects and uses personal and non-personal information in relation to the Service. In addition, you can find more information about the privacy questions of specific Suunto Services from here. By installing, accessing or using the Service you explicitly agree with the terms and conditions of the Privacy Policy and to any terms and conditions included therein by reference.
By installing, accessing or using the Service, you consent to our information collection and usage terms, including (where applicable) the transfer of data into a country inside or outside of the European Union and/or the European Economic Area, such as the United States of America.
By using the Service, you specifically acknowledge and agree that in-app advertisement by Suunto, its affiliates or third parties operating on behalf of Suunto or consented by you, may be shown to you within the Service, and that Suunto may freely commercially utilize your data that is not personally identifiable.
11. Warnings
Your safety is important for Suunto so before using the Services and/or our products, please read carefully our general warnings available at: www.suunto.com/generalproductsafety. By using the service, you represent and warrant that you have read the warnings and agree to comply with the instruction included therein.
12. Limitation of Liability
The Service is provided on “AS IS” and “AS AVAILABLE” basis. Suunto does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources.
Except for liability for death or personal injury caused by gross negligence or intentional misconduct, Suunto shall not be liable for any direct, indirect, incidental, punitive or consequential damages caused by the use or inability to use the Service. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. The liability of Suunto and its suppliers is in such case limited to the greatest extent permitted by law.
13. Indemnification
You agree to defend, indemnify and hold harmless Suunto from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of i) your breach of the Terms, ii) your infringement or violation of any intellectual property, other rights or privacy of a third party, iii) misuse of the Service by a third party where such misuse was made available by your failure to take reasonable measures to protect your username and password against misuse.
14. Miscellaneous
14.1. Choice of Law and Arbitration
Except where prohibited by applicable law or provided otherwise herein, the Terms shall be governed by the laws of Finland without regard to its conflict of law provisions.
You agree to abide by applicable export control laws in the USA and other countries and not to transfer or make available, by electronic transmission or otherwise any content, software or materials subject to restrictions under such laws to a destination prohibited by such laws.
If you are a US resident the following paragraph shall apply:
The Terms shall be governed by the laws of New York without regard to its conflicts of law provisions. Any dispute relating to these Terms or the Service shall be submitted to binding arbitration in Manhattan, New York within eighteen (18) months of the date the facts giving rise to the suit were known, or should have been known, by the complainant, except that Suunto may seek injunctive or other relief if you have violated or threatened to violate any intellectual property rights. All matters relating to arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. §1 et. seq.). Arbitration shall be conducted by a single arbitrator under the then prevailing Wireless Arbitration Rules of the American Arbitration Association (“AAA”). Each party must submit any claim which would constitute a compulsory counterclaim in litigation or such claim shall be barred. No award of exemplary, special, consequential or punitive damages shall be permitted. The losing party, as determined by the arbitrator, shall pay the arbitration fees. The arbitrator's award shall be binding and may be entered as a judgment and enforceable in any court of competent jurisdiction. Arbitration shall be conducted on an individual, not class-wide basis, and no arbitration shall be joined with an arbitration involving any other person or entity.
14.2. Validity
The Terms shall neither exclude nor limit any of your mandatory rights in your country of residence. If a provision of the Terms is found to be invalid, the validity of the remaining provisions shall not be affected, and the invalid provision shall be replaced with a valid provision that comes closest to the result and purpose of the Terms. If there is any conflict between these Terms and the Privacy Policy, the provisions of these Terms shall prevail. The provisions of the Terms that are intended to survive termination shall remain valid after any termination.
14.3. Changes in Terms
Suunto reserves the right to modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, Suunto will provide a separate prior notice advising of such change.
You are responsible for regularly reviewing the Terms. Your continued use of the Service shall constitute your consent to any changes and modifications.
You agree that in the event that Suunto is acquired by or merged with a third-party entity, or we transfer the Service to a third party, we reserve the right, in any of these circumstances, to transfer or assign the agreement with the user and transfer all data, including but not limited to personal information, as part of such merger, acquisition, sale, transfer or other change of control.
14.4. Links to Third Party Sites and Content
For your easy accessibility, Suunto may include links to sites on the Internet that are owned or operated by third parties and that are not part of the Service. Upon following a link to such a third-party site, you shall review and agree to that site's rules of use before using such site.
You agree that Suunto has no control over the content of third-party sites and cannot assume any responsibility for services provided or material created or published by such sites. A link to a third-party site does not imply that Suunto endorses the site or the products or services referenced in the site.
In addition, users may create links within the Service to content that has not otherwise been submitted to the Service. You agree that Suunto is neither responsible for nor liable for any such links.
15. Intellectual Property
The Service and related software are protected under international copyright laws, and you are hereby notified that copyrights are claimed by Suunto. Subject to the Terms, Suunto retains all right, title and interest in the Service and in all Suunto's products, software and other properties provided to you or used by you through the Service.
Suunto's product and service names are either trademarks or registered trade names of Suunto. Other product and company names mentioned in the Service may be trademarks or trade names of their respective owners. Your access to the Service should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing in the Service without the prior written consent of Suunto or the third-party owner thereof.
16. SITE TERMS & COPYRIGHT
16.1. COPYRIGHT
Copyright © Suunto Oy 04/2018. This web site and its contents are proprietary to Suunto Oy and are intended solely for the use of its clients to obtain knowledge and information regarding Suunto products. Its contents shall not be used or distributed or otherwise communicated, disclosed or reproduced for any other purpose without the prior written consent of Suunto Oy.
16.2. TRADEMARKS
Suunto and Movescount are registered trademarks of Suunto Oy. Suunto product and feature and content names are registered or unregistered trademarks of Suunto Oy. Other product and company names are trademarks of their respective owners.
Primary trademark is “SUUNTO”. Product names and slogans may also be registered. All trademarks, registered or unregistered, are owned by Suunto Oy. Ownership or registration by divisions, subsidiaries or third parties is strictly forbidden.
16.3. DOMAIN NAMES
The official domain names are www.suunto.com and www.movescount.com. Suunto Oy reserves the rights to all domain names containing its trademark “SUUNTO”.
If an importer feels that the local domain(s) of the suunto.com or movescount.com domain names are needed, and the domain is deemed relevant by Suunto Oy, Suunto Oy will register these domains.
All suunto.xx domains forward to suunto.com and all movescount.xx domains forward to movescount.com. Under no circumstances shall subsidiaries or third parties independently register versions of these domain names.
Suunto distributors, importers and dealers may host their own web sites to promote and sell Suunto products. However, the domain names may not contain the name Suunto or the names of its other trademarks. Suunto may, upon request and review, place links from suunto.com to these sites and links may be located in the importer or dealer lists.