TERMS AND CONDITIONS OF USE

Welcome to our web site (www.ilmia.com, the "Website"). These General Terms and Conditions of Use (the "Terms") govern the access to and use of the Website. Please read these Terms carefully. By accessing and using the Website as well as by purchasing the products on the Website, you agree to be bound by these Terms. If you do not agree to all or part of these Terms, we invite you not to use our Website. This website is managed and maintained by ilmia AG, with registered office in Hans Huber-Strasse 38, 4500 Solothurn - CH, business register number CHE-294.899.591.

For any other legal information, go to the sections: General Terms and Conditions of Sale, Return Policy, Warranty Policy and Privacy Policy of the Website. ilmia may amend or simply update all or part of these General Terms and Conditions of Use. Any amendment or update of the General Terms and Conditions of Use shall be posted for our users on the Home Page of the Website as soon as such amendments or updates have been made and shall be binding as soon as you access the Website after they are amended. If you do not agree to all or part of the Website's General Terms and Conditions of Use, please do not use our web site.

The access to and use of the Website, including display of web pages, communication with ilmia, downloading product information and making purchases on the web site, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. Remember that you will be liable for your use of the Website and its contents. ilmia shall not be considered liable for any use of the Website and its contents made by its users that is not compliant with the laws and regulations in force, without prejudice to ilmia's liability for intentional torts and gross negligence or any other liability to the extent that it cannot be excluded at law.

In particular, you will be liable for communicating information or data which is not correct, is false or concerning third parties (in the event such third parties have not given their consent) as well as for any improper use of such data or information.

1. Privacy Policy

We recommend that you read the Privacy Policy which also applies in the event that users access the Website and use the relevant services without making purchases. The Privacy Policy will help you understand how and for what purposes www.ilmia.com collects and uses your personal data.

2. Intellectual Property Rights

All content included on this Website, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colours, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, "Content"), is the property of ilmia and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of ilmia as the case may be.

ilmia shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. ilmia shall have the right, at any time, to claim the authorship of any Content posted on this Site and to object to any use, distortion or other modification of such Content.

Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by ilmia shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

3. Links to Other Web Sites

The Website may contain links to other web sites which are in no way connected to the Website or ilmia. ilmia does not control or monitor such third party web sites or their contents. ilmia shall not be held liable for the contents of such sites and/or for the rules adopted by them in respect of, but not limited to, your privacy and the processing of your personal data when you are visiting those web sites. Please, pay attention when you access these web sites through the links provided on the Website and carefully read their terms and conditions of use and their privacy policies. Our General Terms and Conditions of Use and Privacy Policy do not apply to the web sites of third parties. the Website provides links to other web sites exclusively to help its users in searching and surfing the Internet and to allow links to web sites on the Internet. When ilmia provides links to other web sites, ilmia does not recommend that to its users access these web sites and it does not provide any guarantees to their web content or to services and products supplied and sold by these web sites to Internet users.

After you submit a Submission (as defined below) on Instagram, Pinterest, Fancy or facebook, you will have the chance to have your photographs, video, etc. appear on the dedicated area of the Website. ilmia reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission in the Website. You acknowledge and agree that ilmia has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of information voluntarily made public through any part of the Website.

Any ideas, content of any kind (including, without limitation, text, software, photographs, videos, audio visual recordings, graphics, music, and sound), or other information you provide to us by using the #ilmia hashtag in a post on Instagram tagging @ilmia_sneakers will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission, as well as your name, Instagram, profile picture, image, likeness, comments, posts, statements or other information, in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to use such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us, Instagram, Twitter Inc., and any of our or their respective parents, affiliates, licensees, licensors, and each of their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, Instagram, Twitter, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms or applicable laws. You acknowledge that ilmia is not responsible for, and has no liability for, any use of all or any part of a Submission by any third party.

When you make a Submission using the #ilmia_sneakers in a post on Instagram, you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by ilmia without restriction. You represent and warrant that your provision of Submissions complies with all applicable laws, rules and regulations, Instagram's Terms of Use, Any third party agreements to which you are subject. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission.

4. Links to the Website and Affiliate Partners

Please, contact ilmia at the following e-mail address: ilmia@ilmia.com if you are interested in linking the Home page of the Website and other web pages which can be publicly accessible or if you wish to join our Affiliate Programme

5. Disclaimers on Content

ilmia has adopted measures to ensure that the content of the Website is accurate and does not contain any incorrect or out-of-date information. However, ilmia cannot be held liable for the accuracy and completeness of the content, except for its liability for tort, gross negligence, fraud or fraudulent misrepresentation, death or personal injury caused by its negligence and any other liability to the extent that it cannot be excluded at law.

Moreover, ilmia cannot guarantee that the Website will operate continuously, without any interruptions and errors due to the connection to the Internet.

6. Governing Law

These General Terms and Conditions of Use are governed by Swiss law.