Last updated on March 27th, 2014
The mere use of the Web attributes the condition of “User”, which implies acceptance of all terms and conditions contained in this text.
2. Electronic CommunicationsEach time a User uses a Service, or sends an email, he/she is communicating electronically with JOMA. JOMA will contact the User via email, by posting notices on the Web or through other Service. For the purposes of this Agreement , the User consents to receive communications from JOMA by electronic means , and he/she agrees that all agreements, notices and other communications JOMA send electronically, satisfies any Law requirement unless any applicable mandatory legislation requires a different form of communication.
3. Copyright, intellectual property rights and database rightsAll content hosted or made available on any of the Services, such as texts, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations are owned by JOMA or its content suppliers and are protected by the laws of Spain as well as international law on intellectual property rights, copyright and database rights. The entire set of content hosted on the Web or available through any of the Services is property of JOMA and it is protected by the laws of Spain and international copyright and database rights.
It is not permitted systematic extraction or reuse of any part of the contents of any of the Web or other Services without the express consent of JOMA in writing. In particular, the use of tools or robots for search and data mining for extraction (whether on one or more occasions) of substantial parts of any Service for reuse without the express written consent of JOMA is not allowed. The User is not allowed to create or publish his/her own database when these contain substantial portions of any of the Services (e.g. our product lists and price lists) without the express written consent of JOMA.
4. Content User Generated4.1 If a User uploads anything on the Web, such as: ideas, comments, questions, data, graphs, opinions, designs, customizations or other information, including information on newsletters, chat rooms or Web forums (hereinafter “Content Generated by the User”), it will become exclusive property of JOMA .
The Content Generated by the User will be considered non-confidential and therefore JOMA will be authorized to use or disclose such content in any way without assuming any responsibility or without giving any prior notice to the User. Content Generated by the User or any other information that a User sends to the Web must not be, or contain, offensive, pornographic, defamatory, blasphemous, unlawful or likely to infringe any applicable law, whether civil , criminal or religious material.
The User guarantees that all material posted on the Web or sent to JOMA is original and property of the User and has not been copied full or partially from any third party. JOMA requests Users not to post on the Web or by any other means send to JOMA anything confidential since JOMA is not be responsible for keeping its confidentiality. JOMA does not have, and the User agrees that JOMA does not have any obligation to review the Content Generated by the User. User agrees that JOMA is not responsible in any way for such content, and JOMA does not guarantee the accuracy, integrity or quality of such content. Also, JOMA cannot ensure that the Content Generated by the User is harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or objectionable in any way.
User acknowledges that JOMA by providing access and view of the content Generated by the User is acting only as a passive conduit for such transfer and therefore in no way assumes no obligation or liability relating to the Content Generated by the User or any other activity of the Users on the Web. Without limiting the generality of the previously stated, the User acknowledges and agrees that the information, materials and opinions expressed or included on any Content Generated by the User does not have to correspond to JOMA, its affiliates or associates or with its content providers.
4.2 Notwithstanding the foregoing, the User acknowledges and agrees that JOMA holds the absolute right to control at its own discretion the Content Generated by the User that is sent to JOMA´s domain. Furthermore JOMA reserves the right to modify, edit, refuse to post and to remove the Content Generated by the User, whether in whole or in part, for any reason or without a reason, and to disclose to third parties such Content Generated by the User and all other circumstances surrounding their transmission.
The User agrees that JOMA has no obligation to use or respond to the Content Generated by the User. The User agrees to immediately notify in writing if any objectionable content appears out on the Web. JOMA makes good faith efforts to investigate any allegations arising from a violation of these Terms and Conditions for Content Generated by the User, but (a) cannot guarantee the editing, deleting or that such Content Generated by the User still on the Web, whether or not involved in an indictment, and (b) shall not in any way be responsible for the edition, deletion or retention of any Content Generated by the User.
4.3 Any use of any content on the Web, including (without limitation) the Content Generated by the User will be the sole responsibility of the User. Without limiting the generality of the previously stated, the User acknowledges and agrees that JOMA is not responsible for any Content Generated by the User that provides medical or any other advice related to physical training, exercise or diets in general. JOMA recommends the User to always ask for advice from a physician or other qualified health care professional regarding the possible questions the User may have about health conditions or physical training programs.
4.4 The User expressly agrees not to post or disclose contents through the Web, which at JOMA´s absolute discretion, are deemed: abusive, harassing, threatening, defamatory, obscene, impersonating others, fraudulent, deceptive, inducing misleading, in violation of copyright, trademark or any other intellectual property, invasive of privacy or image rights, violates any right of JOMA or others, illegal or inappropriate to the good understanding of JOMA.
The User agrees not to upload any commercial content on the Web, and agrees not to use the contents of the Web in any way to invite others to join or use any other commercial online service or organization offered. The Web will request the User to register and accept these conditions of use before he/she can send or disclose the Content Generated by the User.
4.5 Use of the information submitted. In case the Content Generated by the User had some kind of intellectual property rights, JOMA will become owner of such rights. In case the Content Generated by the User has intellectual property rights belonging to the own User, the User will be giving property rights to JOMA at the time that the content is published on the Web or at the time the User sends it to JOMA.
If the stated above is not valid or is not sufficient to guarantee JOMA free use of the Content Generated by the User, the User agrees and warrants that JOMA is free to use in whole or in part the Content Generated by the User, posted , sent to JOMA or created by the User while making use of the Web or contained in any communication with JOMA, without compensation or acknowledgment to the User for any purpose, including, without limitation, the development, manufacturing and marketing products and services; and creating, modifying or improving the Web or other products or Services. User acknowledges and agrees not to make any claim to JOMA or other third parties relating to the Content Generated by the User, published or posted by the User or others, if it is used by JOMA or third parties (in the sense above indicated ).
5. Trademarks and copyright WebsiteAll brand names, product names and titles used on the Web are trademarks or trade names of JOMA or registered trademarks or trade names of third parties. The User is not authorized to use or reproduce any of these trademarks or trade names as this would be a violation of the rights of their owners.
All designs, texts, documents, videos, movies, music and /or other services, and the selection and arrangement of such and all software compilations, source code base, software (including applets) and all other Web material are protected by JOMA´s copyright or its suppliers’. The User will only be allowed to electronically copy and print those parts of the Web that are necessary to place an order or to use the Web as a shopping resource.
Users are not authorized to make any other use of the information and materials on the Web, including reproduction for purposes other than those mentioned above, modification, distribution or republication. If the User wishes to use materials or information from the Web, it must first obtain a written consent from JOMA.
Additionally, graphics, logos, page headers, button icons, scripts and service names appearing included or available through the Web and other Services, are JOMA´s trademarks or JOMA´s commercial image and they belong to JOMA. It is forbidden to make use of JOMA´s trademarks or commercial image in relation to any product or service different than JOMA products or services.
All other registered logos that are not owned by JOMA and appear included or available through the Web and other Services belong to their respective owners, who may or may not be affiliated or associated in any way with JOMA, or sponsored by JOMA.
6. PatentsSeveral patents belonging to JOMA apply to the Services as well as the functions available through the Web and other media. Moreover, different parts of the Services operate under different licenses of one or more patents.
The reproduction, duplication, copy, sale, resale or exploitation of any of JOMA´s Services is prohibited, in each case without the prior written consent of JOMA.
It is also not permitted the use of framing techniques to enclose any trademark, logo, or other JOMA´s protected copyright (including images, text, page layout, or form) without JOMA´s prior written consent. The Users are not allowed to use Meta tags (Meta tags) or any other "hidden text" using the names or trademarks of JOMA without its prior written consent brands.
8. Use of servicesThe User may not use any Service: (i) in any way causes, or may cause, damage or prejudice to any of the Services or interruption of access to them, or (ii) for any fraudulent purpose, or for the purpose of committing any crime or other illegal activity of some kind, or (iii) to generate any kind of discomfort, inconvenience or anxiety in a third.
9. Reviews, comments, communications and other contentUsers can publish their views and opinions and publish other content, send communications, suggestions, ideas, comments, questions or other information, so long as the contents thereof are not unlawful , obscene, abusive, constitute a threat scenario or defamation or invade another's privacy, infringe intellectual property rights or otherwise is offensive to third parties or objectionable, or consist of or contain software viruses, political propaganda or advertising content, chain letters, mass mailings or constitute any another type of "spam". The User is not allowed to use false e-mail addresses, or impersonate other people or entity, or otherwise misrepresent the origin of any content. JOMA reserves the right to remove or edit any content. If a User believes that any content of the any Service includes any defamatory statement, or is understood that intellectual property rights are being infringed by any element or information available from the Service, JOMA requests to the User to communicate such fact immediately via email.
By posting any Content or any material submitted for publication, and unless indicated otherwise, the User grants JOMA: (a) the non-exclusive right to free and full susceptible assign and transfer to a third party, use, reproduce, modify, adapt, publish , translate, create derivative works, exploit, distribute and display the content worldwide and through any media, and ( b ), its sub licensees and any other authorized by JOMA , the right to use the name provided by the User in connection with such content, if JOMA decides so. This provision does not involve the transfer of any moral right.
The User accepts the irrevocable nature of the rights conferred during the entire term of any protection of their intellectual property rights on the content and material identified above. User also undertakes to perform any additional action that may be necessary in order to formalize the assignment of the rights conferred to JOMA, including the execution of any instruments and documents, at JOMA´s request.
The User represent and warrant that he /she holds all of the rights of the content published and moreover , the User also guarantees that at the date of the submission of such content: (i) the content and material is accurate, and that (ii) the use of such content or material will not breach any of the policies or JOMA guidelines, nor will produce any damage to any person or entity (also ensuring that the content or material in question is not defamatory). The User agrees to release JOMA of any claim brought by any third party against JOMA arising from or in relation to such content and materials, except to the extent that such liability arises from the lack of adequate suppression by JOMA of such content or material after being notified of the illegality of such content or material.
10. Intellectual Property ClaimsJOMA respects the intellectual property of others. If User believes that its intellectual property rights have been infringed, JOMA asks the User to advice.
11. Responsibility of JOMA11.1 JOMA will only be liable for damages that the User might suffer if such damages result from a breach by JOMA of any contractual obligations JOMA had with the User or if the liability were applicable under JOMA´s applicable law.
11.2 If the User has suffered damages in connection with the activities of JOMA through the Web, JOMA´s liability shall be limited to: a) damage to JOMA products b) reasonable and demonstrable costs to which the User has had to spend to determine the cause and the value of the damage referred to in paragraph a); c) reasonable and demonstrable costs to which the User has had to deal to avoid or reduce the damage referred to in paragraph a). The maximum reimbursement for previous damage will, if appropriate, equal to the amount of purchase of related JOMA products.
11.3 JOMA is not responsible for damages to third parties arising from the use of any of its products. JOMA is not responsible for damages that the User may have caused due to improper use of any of JOMA products.
11.4 JOMA is not responsible for any damage resulting from any inaccurate information found in the Web.
11.5 In case damages have been caused to the User arising from a grossly negligent misconduct by JOMA, none of the limitations specified in this clause shall apply.
JOMA will make its best efforts to ensure the availability of the Services, as well as the absence of any errors in transmission of information that may occur. However, due to the very nature of the Internet, JOMA cannot guarantee such extremes. Also, access to Services could occasionally be suspended or restricted for the purpose of performing repairs or maintenance, or the introduction of new products or Services. JOMA seek to limit the frequency and duration of such suspension or restriction.
JOMA is not liable for (i) any losses that were not attributable to any breach by JOMA, (ii) business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or incurred unnecessary expenses) , or (iii) any indirect or consequential loss that were not reasonably foreseeable by both parties at the time the User has begun using the Service. JOMA is not liable for any delay or failure to perform its obligations under these conditions if such delay or failure to perform is attributable to circumstances beyond its reasonable control. This provision does not affect the right of the User to acquire a product in a reasonable time, or to receive timely reimbursement if JOMA could not supply the goods or services within a reasonable time by any cause within the reasonable control of JOMA.
Nothing in these terms limits or excludes liability for JOMA´s misrepresentation, or in cases of death or attributable to the negligence or willful injury of JOMA.
15. MinorsJOMA not sell products to minors. Children's products that JOMA offer must be purchased by seniors. All children under 18 may use the Services only under the supervision of his/her legal guardian.
16. JOMA Datajoma-sport.com is the trade name used by JOMA, This site is owned by Joma Sport SA, who is also responsible for its operation.
Joma Sport SA: Ramón y Cajal Street 112, 45512, Portillo de Toledo (Toledo) Spain
17. Procedure and Notice of Violation of RightsIf the User believes that any of their rights have been infringed, JOMA invites him/her to send to the customer address all comments and complaints.
Important Notice: giving false, misleading or incorrect information in Notices and communications to JOMA can lead to both civil and criminal responsibilities. If the User has doubts, JOMA recommends to consult a legal advisor.