Welcome to our Website! There are a few rules that our visitors
must follow when using our site, so we ask all our visitors to read
our Terms and Conditions of Use (the "Terms and Conditions")
carefully.
This Website is brought to you by Speedo International Limited
("Speedo"), and all rights, including copyright, in the content of
the Website is owned or controlled by Speedo.
If you have any comments or queries relating to this Website,
please contact us via email at: unforgettableswims@speedo.com
or by post to:
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What do I agree to by entering the Website?
You are invited to use unforgettableswims.speedo.com together with any
associated microsites (the "Website") on the basis of these Terms
and Conditions.
By entering the Website and using its Features (as defined
below) you are deemed to have read and accepted these Terms and
Conditions. If you do not accept these Terms and Conditions or any
part of them, you should not enter or use the Website.
Speedo may modify or update these Terms and Conditions from time
to time. If you continue to use this Website after any changes,
this means you agree to be bound by the modified Terms and
Conditions.
If we do make a change to the Terms and Conditions we will post
it at the top of this page, together with the date of the change,
so you can easily find it.
These Terms and Conditions regarding your use of the Website
constitute a legally binding agreement between you and Speedo.
These Terms and Conditions will remain in full force and effect
as long as you are a user of the Website and in the event of
termination of any membership, service or feature, you will still
be bound by your obligations under these Terms and Conditions, the
Privacy Policy, any additional terms or rules featured in the
Website, including any indemnities, warranties and limitations of
liability.
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Registration
You must be aged 18 or over to register on the Website. You will
need to provide a username, your email address and date of birth.
You will also be asked whether you accept our Terms and Conditions.
Please read these Terms and Conditions before you tick the
acceptance box. Once your registration is accepted, an email
confirmation will be sent to the email address you have provided to
us. Please follow the instructions in the confirmation email to
activate your account.
You may need to register for a unique user name and password
combination in order to access and use certain features or
functions of the Website. We may also, from time to time, provide
you with additional codes or passwords necessary to access and use
certain features or functions of the Website. Please read our
Privacy Policy, which describes the personally identifiable
information we collect, use, disclose, manage and store. As part of
the registration process for the feature or function, you will
choose a user name and password (or we may assign an initial
password which we will give you the option to change).
If you register as a user on the Website, you are responsible
for maintaining the confidentiality of your account and password
and for restricting access to your computer to prevent unauthorised
access to your account. You agree to accept responsibility for all
activities which occur under your account or password. You must
take all necessary steps to ensure that the password is kept
confidential and secure and you must inform us immediately if you
have any reason to believe that your password has become known to
anyone else, or if the password is being, or is likely to be, used
in an unauthorised manner.
Please ensure that the details you provide us with are correct
and complete and inform us immediately of any changes to the
information that you provided when you registered. We reserve the
right to refuse access to the Website, terminate accounts and to
remove or edit content at our sole discretion.
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Taking Part in the Community
While we reserve the right to remove any postings or any other
information that we feel may be offensive, we are not responsible
for any material posted by any user or for any information
whatsoever contained in any linked sites.
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The Features
The Website may offer the following features to you:
competitions, prize draws, downloading of screensavers, desktops,
blogs, sound files and video files (the "Features"). The Website
may also provide rules of participation for certain Features
including, but not limited to competitions and prize draws,
membership clubs, and email services.
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Conditions of Using Features on the Website
You agree to use the Features in this Website in good faith and
in the spirit in which they are made available to you. In
particular you agree:
- Not to send or resend any content which is obscene or vulgar,
offensive, abusive, harmful, threatening, libellous, defamatory,
invasive of another's privacy, racially or ethically or religiously
insulting or otherwise unlawful;
- Not to use Features on the Website for any purpose that is
illegal or which is or may be damaging to the rights or interests
of any other user of the Website or other party;
- If you or any other party has any issues or concerns with, or
complaints about the content of any communications generated via
the Website, you should contact the website moderator as soon as
possible; and
- That all Features will be used entirely at your own risk and
Speedo accepts no responsibility for any losses or consequences
suffered by you as a result of your use of the Website.
If Speedo is informed or has any reason to believe that any of
the Features on its Website are being used by a user other than in
accordance with these Terms and Conditions, Speedo reserves the
right to suspend or permanently prevent access by that user to the
Features and shall have no liability to the user whatsoever in such
event.
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Your Conduct
You must not use the Website in any way that causes, or is
likely to cause, the Website or access to it to be interrupted,
damaged or impaired in any way.
You must not use the Website:
- for fraudulent purposes, or in connection with a criminal
offence or other unlawful activity;
- to send, use or reuse any material that is illegal, offensive,
abusive, indecent, defamatory, obscene or menacing; or is in breach
of copyright, trade mark, confidence, privacy or any other right;
or is otherwise injurious to third parties; or objectionable; or
which consists of, or contains, software viruses, commercial
solicitation, chain letters, mass mailings or any 'spam'; or
- to cause annoyance, inconvenience or needless anxiety to any
other person.
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Sending Us Material
We are happy to receive from you any ideas, suggestions,
graphics, pictures, sound files, video files or anything else, but
do please remember that, by sending us your submission (the
"Material") you will be deemed to have granted to Speedo (and any
of its subsidiaries and/or associated companies) a perpetual,
royalty-free, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, perform, play, and exercise all copyright and publicity
rights with respect to any such work worldwide and/or to
incorporate it in other works in any media now known or later
developed for the full term of any rights that may exist in the
Material.
By submitting your Material to this site, you also warrant
that:
- you have the right to make it available to Speedo;
- the Material is not defamatory; and
- the Material does not infringe any law or third party
rights.
You agree to indemnify Speedo against all legal fees, damages
and other expenses that may be incurred by Speedo as a result of
your breach of the above warranty. You also agree to waive any
moral rights in the Material for the purposes of its submission to
and publication on the Website and the other purposes specified
above. You may not violate, plagiarise, or infringe on the rights
of third parties including copyright, trade mark, trade secret,
privacy, personal, publicity, or proprietary rights.
This means that all stories, mixes, comments, suggestions,
ideas, graphics, sound files, video files or other information sent
to us can be used by us as we see fit. This includes using it for
promotional, marketing or any other commercial purpose, whether in
advertising, or in developing, manufacturing or marketing products.
Under no circumstances are you entitled to any payment if we do use
your Material for any purpose.
Please also refer to any relevant competition or prize draw
Terms and Conditions for any special terms which apply to
competition entries.
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Privacy Policy
Please ensure that you read our Privacy Policy to learn about what
personal information we collect at this site, how we handle it and
for what purposes we use it.
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Licence for Website Access
Speedo grants you a limited licence to access and make personal
use of this Website. The licence does not allow you to download
(other than where specifically indicated, or for the purpose of
page caching) or modify it, or any portion of it, except with our
express written consent. This licence does not include any resale
or commercial use of this Website or its contents; any derivative
use of this Website or its contents; any downloading or copying of
account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction
tools.
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Website Content - Accuracy and Permitted Use
Speedo makes every effort to ensure that the content of the
Website is accurate and up-to-date, but Speedo does not offer any
warranties (whether express, implied or otherwise) as to the
reliability, accuracy or completeness of the information appearing
on the Website.
Speedo may remove material or Features, from the Website at its
own discretion and without any notice.
This Website is intended to provide amongst other things,
information relating to Speedo products and is designed for
personal, non-commercial use only. You may not use any of the
material appearing on the Website to further any commercial
purpose, including (but not limited to) selling any Speedo products
on eBay or any other auction site, advertising or to promote or
encourage traffic to any other website.
Speedo does not verify, endorse, or have any responsibility for
any third party websites, their business practices, or any goods or
services associated with or obtained in connection with any such
website which is linked to or from this website. For the avoidance
of doubt, Speedo is not responsible for the content in any such
third party website.
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Intellectual Property Rights
You acknowledge and agree that all copyright, rights in data,
databases, trade marks, names, images, logos and other intellectual
property rights in the Website software, content, compilation of
such content included on the Website such as text, graphics, logos,
button icons and images, (excluding competition entries, where
indicated to the contrary in the Competition Terms and Conditions),
and all HTML and other code involved in this Website ("Intellectual
Property Rights"), shall remain at all times vested in Speedo or
its subsidiaries, its affiliates or its content suppliers and that
these are protected by UK, European and International copyright and
database right laws other laws and international treaty
provisions.
You may not modify, copy, distribute, transmit, display,
redistribute, transfer, or sell in whole or in part, the Website or
any of the Intellectual Property Rights relating thereto, or use
any logo or trade mark which is featured on the Website or other
proprietary graphic or trade mark as part of the link without our
express written consent. You may not frame or use similar
techniques to enclose any trade mark, logo, or other proprietary
information (including images, text, page layout, or form) of
Speedo and its affiliates. You may not use any meta tags or any
other 'hidden text' utilising Speedo or its affiliates' names or
trade marks. Any unauthorised use shall terminate the permission or
license granted by Speedo.
Nothing contained in this Website shall be construed as
conferring by implication or otherwise any licence or right to use
any of the Intellectual Property Rights displayed or subsisting on
or in this Website other than in accordance with these Terms and
Conditions.
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Disclaimer and Limitation of Liability
The Internet is by its nature an unreliable medium.
Consequently, you accept that this Website is offered on an "as is"
and "as available" basis.
We will do our utmost to ensure uninterrupted availability of
the Website and that transmissions will be without errors. However,
due to the nature of the Internet, this cannot be guaranteed. Your
access to the Website may also be occasionally suspended or
restricted to allow for repairs, maintenance, or the introduction
of new facilities or services. We will attempt to limit the
frequency and duration of any such suspension or restriction.
While Speedo takes all reasonable steps to ensure that the
Website is accurate and up-to-date, and properly functioning at all
times, Speedo does not offer any representations or warranties of
any kind (whether express, implied or otherwise) as to the
reliability, accuracy or completeness of the Website; the
information, content, materials, or products included on this
Website; that your access to the Website will be uninterrupted,
timely, secure or error-free; that defects will be corrected; or
that this Website, e-mails sent by us or the server that makes the
Website available are free of software viruses or bugs or other
harmful components or defects.
Speedo has no control over, and disclaims all responsibility
for, any content you encounter, or events which may occur as a
result of your use of the Features and Speedo shall not be liable
for any damages or other losses of any type whatsoever incurred by
you as a result of your use of the Website or the Features.
Speedo does not exclude liability for death or personal injury.
However, by accepting these Terms and Conditions and using the
Website, you accept that Speedo cannot be liable to you for any
loss or damage you suffer as a result of visiting this Website or
making use of the Features or information available on the Website.
You must take your own precautions (including but not limited to
installing adequate protective measures to guard against software
viruses and ensuring that you retain up-to-date copies of all data)
to protect yourself against loss or damage.
Laws of certain countries or states do not allow limitations on
implied warranties or the exclusion or limitation of certain
damages. If these laws apply to you, some or all of the above
disclaimers, exclusions, or limitations may not apply to you, and
you might have additional rights.
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Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Website, policies,
and these Terms and Conditions at any time. Your use of the Website
will be subject to the policies and Terms and Conditions in force
at the time that you use the Website, unless any change to those
policies or these conditions is required to be made by law or
government authority. If any of these conditions is deemed invalid,
void, or for any reason unenforceable, that condition will be
deemed severable and will not affect the validity and
enforceability of the remaining conditions.
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Events Beyond our Reasonable Control
Speedo will not be held responsible for any delay or failure to
comply with our obligations under these conditions if the delay or
failure arises from any cause which is beyond our reasonable
control.
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Waiver
If you breach these Terms and Conditions and we take no action,
we will still be entitled to use our rights and remedies in any
other situation where you breach these conditions.
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Disputes
Any dispute relating in any way to your visit to the Website
shall be submitted to the courts of England and Wales.
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Governing Law and Jurisdiction
These terms and your use of this Website shall be governed by
and construed in accordance with English Law.
By accepting these Terms and Conditions and using the Website,
you accept that any dispute under these Terms and Conditions or
arising out of use of this Website shall be subject to the
exclusive jurisdiction of the English courts and by using this
Website you hereby submit to the jurisdiction of such courts for
such purposes and waive any and all objections to jurisdiction or
venue in such courts.
Those persons outside England and Wales who choose to use or
access this Website from their own jurisdictions do so at their own
risk and on their own initiative and are responsible for compliance
with local laws, to the extent any local laws are applicable.
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Our Details
SPEEDO,
, AQUALAB, AQUABLADE, ENDURANCE, FASTSKIN,
FLIPTURNS, LZR RACER, SPEEDOSCULPTURE and SPEEDOBIOFUSE are
registered trade marks of and used under license from Speedo
Holdings B.V.
The LZR RACER suit has worldwide design rights and patents
pending.
unforgettableswims.speedo.com a registered
domain name of Speedo International Limited.
Registered Office: 8 Manchester Square, London, W1U 3PH,
England.
Company Registration Number is 00227323.
VAT Registration Number: GB 231 0451 21.
Speedo International Limited is a registered data controller,
registration no. Z5408646.
© Speedo International Limited 2011. All Rights Reserved.