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On the website https://producttesting.puma.com/ ("Website"), PUMA SE, PUMA Way 1, 91074 Herzogenaurach ("PUMA"/"We"/"Us") provides a platform for services related to testing PUMA products ("Product Tests") as further described below ("DPTP"). Your use of the DPTP requires that you ("Tester"/"You") agree to these terms of use ("Terms of Use"), which form the basis of the agreement concluded between Us and You ("Contract"). Please read these Terms of Use carefully and familiarize Yourself with the provisions provided herein. These Terms of Use do not cover the execution of a Product Test itself as well as Your obligations in relation to a Product Test which shall be governed by a test agreement to be entered into separately between Us and You.
1.1. You can register for participating in Product Tests on the DPTP if you are a natural person who has completed the age of 18.
1.2. Participation in Product Tests requires that You have an account on the DPTP. In order to create a DPTP account, You need to enter an e-mail address and define a password ("Login Details") and provide the information required by Us in relation to Product Tests ("Personal Settings").
1.3. After filling in the Personal Settings, accepting these Terms of Use and pushing the button "Register Account" (or similar) Your DPTP account ("Account") is created and we receive Your application for becoming a PUMA Product Tester ("Tester Application").
1.4. You acknowledge that You are required to provide correct and complete Personal Settings and keep them up to date at any time to allow for meaningful Product Tests.
1.5. You must ensure that You protect the Login Details used for registration against access by third parties and store them in a secure and safe place. If You have reason to believe that the confidentiality of Your Login Details has been compromised or unauthorized access to Your Account is otherwise possible, You agree to promptly change the Login Details and notify Us.
1.6. We have the right to request password changes from time to time. We may suspend access to Your Account pursuant to Section 9 until such password change has been made.
1.7. You acknowledge that the Product Test capacity as well as the number of approved Testers is limited. For this reason, PUMA applies certain objective criteria for approving/declining Tester Applications as well as for assigning Product Tests. It is at PUMA’s sole discretion whether Your Tester Application is being approved or not. If You are an accepted Tester, it is at PUMA’s sole discretion whether You are assigned a specific Product Test. You neither have a right to be accepted as a Tester nor to being assigned a specific Product Test.
1.8. If PUMA declines Your Tester Application, PUMA may terminate the Contract in accordance with Section 8.
2.1. After Your Tester Application is being approved by PUMA, You can access the DPTP to manage Product Tests. If You set your availability to "Available for testing" (or similar) in your Personal Settings, PUMA can assign a Product Test to You via the DPTP.
2.2. If PUMA assigns a Product Test to You, You will get a notification via email. In the notification, You will receive information regarding the Product Test process.
2.3. It is at Your discretion to accept a Product Test assigned to You. For managing test cycles efficiently, We ask You to accept or decline a Product Test assigned to you without undue delay.
2.4. As part of the Product Test, PUMA requires You to answer feedback questions or to upload pictures or other test-related content via the DPTP ("Feedback").
We provide the DPTP described in Section 2 free of charge.
4.1. We offer You the possibility to use the DPTP if and to the extent that the DPTP is available and functional. However, We do not guarantee the continuous availability and functionality of the DPTP.
4.2. We offer the possibility to use the DPTP only with the functionalities and the quality that the DPTP currently provides at the time, but We do not promise any functionality or quality, except that the DPTP generally provides for the scope described in Section 2. Information about the functionality and quality of the DPTP on the Website or in advertising material is not part of the Contract concluded between Us and You.
4.3. We are entitled to change the DPTP, at any time and without prior notice, including to modify functionalities ("Changes"), provided that the DPTP continues to generally provide the scope described in Section 2 and that such Changes are not unreasonable for You. However, We are not obligated to make any Changes.
5.1. The DPTP and all of the content featured or displayed on the DPTP, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (collectively "Content"), is owned by PUMA, Our licensors and/or content providers. All elements of the DPTP, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell the Content or any part thereof, except as explicitly permitted under these Terms of Use. You will not remove any copyright, trademark or other proprietary notices from the Content.
5.2. The DPTP contains many trademarks, trade names, service marks, copyrights and or logos of PUMA and may also contain several protected marks of PUMA's numerous affiliates. Such marks remain the property of their respective owners. You recognize and acknowledge the ownership of these marks and understand that You do not acquire, through use of the DPTP or otherwise, any right, title, or interest in the marks. You agree that You will not change, modify and or exploit the marks, nor participate in any activity which modifies and or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization of PUMA is strictly prohibited.
6.1. If You create and provide Us with Feedback, You assign to Us all right, title, and interest (including all copyright, patent, and other intellectual property rights) in such Feedback for all current and future methods and forms of exploitation in any way. If such rights in Feedback cannot be effectively assigned under applicable law, You grant Us the exclusive, worldwide, unrestricted, perpetual, irrevocable, royalty-free rights to use and exploit such Feedback for all current and future methods and forms of exploitation in any way; such rights include in particular, but are not limited to, the right to reproduce, distribute, publicly perform, publicly display, make, use, have made, sell, offer to sell, import, modify and make derivative works based on, and otherwise exploit that Feedback.
6.2. We are not required to make use of any Feedback. It is in Our sole discretion whether and how We use any Feedback provided by You. If We make use of Your Feedback, We are not required to credit or compensate You in any way or form.
7.1. You are responsible to ensure that the electronic equipment You use has all the relevant technical specifications that are required for using the DPTP.
7.2. You must not create any Feedback that is misleading, insulting, offensive, discriminatory, is defamatory or promotes or supports an illegal act or otherwise violates applicable law.
7.3. You agree to use the DPTP solely in compliance with all applicable laws. You are prohibited from using the DPTP to support activities that may cause Us to violate applicable law.
7.4. You also agree not to use the DPTP in a way that
a) searches, retrieves, copies or monitors the DPTP and/or its elements using a program, algorithm, or comparable method for collecting or extracting data (such as using automated tools like bots, spiders, or scrapers),
b) is designed to modify, reproduce, or otherwise make available to the public, or publicly broadcast, or create a separate service comparable to, or to replicate (any part of) the DPTP,
c) damages, disrupts or otherwise impairs the operation of the DPTP as well as the systems, infrastructure and/or applications used to operate it, which includes sending, transmitting or implementing files that contain viruses, worms, Trojan horses, or other harmful or destructive features,
d) is designed to investigate, scan or test vulnerabilities of the DPTP or to circumvent or compromise security and/or authentication measures that protect the DPTP and/or its elements; or
e) copies, translates, disassembles, decompiles, reverse engineers or otherwise modifies the software of the DPTP in whole or in part, or creates derivative works thereof.
7.5. We only offer support services for the DPTP if these have been explicitly agreed upon in writing. Otherwise, the DPTP is offered by Us without support services.
8.1. The Contract concluded between Us and You for the use of the DPTP runs for an indefinite period of time.
8.2. Each party can terminate the Contract at any time without observing a notice period and without giving a reason. You can also terminate the Contract by deleting Your Account.
8.3. The right of each party to extraordinarily terminate the Contract without notice on important grounds as well as Our right to suspend Your access to Your Account pursuant to Section 9 remain unaffected.
8.4. As soon as a termination becomes effective:
a) We will delete Your Account,
b) Feedback created by You prior to the termination becoming effective will remain available for PUMA unless You explicitly request its deletion.
9.1. We may at Our sole discretion suspend access to Your Account if We determine or have reasonable grounds to suspect that Your use of the DPTP:
a) violates these Terms of Use and/or applicable law,
b) infringes the rights of third parties,
c) poses a security risk to the functionality of the DPTP,
d) could subject Us and/or other users to liability; or
e) could be fraudulent.
9.2. We also reserve the right to suspend access to Your Account if You have refused to agree to a reasonable Amendment of these Terms of Use pursuant to Section 12.1 by the scheduled date of the Amendment coming into effect.
9.3. We will remove a suspension as soon as the reason for the suspension no longer exists. For this purpose, You are welcome to contact Us at info.producttesting@puma.com in order to obtain clarification.
9.4. Further claims against You remain unaffected.
10.1. We are liable – regardless of the legal basis – without limitation
a) in the event of intent or gross negligence,
b) in the event of intentional or negligent injury to life, body, or health,
c) in the absence of a guaranteed quality or in the case of fraudulently concealed defects, and
d) on the basis of mandatory liability such as under the German Product Liability Act (or other local laws).
10.2. In the event of damages to property and financial losses caused by slight negligence, Our liability shall be limited to cases that constitute a breach of an essential contractual obligation and shall be limited in amount to the foreseeable damage typical of the Contract, unless unlimited liability exists in accordance with the above Section 10.1. Essential contractual obligations are obligations which the Contract imposes on Us in accordance with its content in order to achieve the purpose of the Contract, the fulfilment of which is essential for the proper execution of the Contract and upon fulfilment of which the Tester may regularly rely.
10.3. In all other cases, the liability of Us is excluded.
10.4. The above limitations of liability also apply regarding Our liability for Our vicarious agents, employees, and legal representatives.
11.1. You indemnify Us at Your own expense from all claims of third parties as well as any losses, damages, costs, expenses or other liabilities associated therewith, which result from the use of the DPTP in a way that culpably infringes the rights of third parties and/or violates these Terms of Use or applicable law.
11.2. If any claims are made against Us under Section 11.1, We will promptly notify You of the claims, and assign to You full authority and control over the defence of such claims (to the extent permitted by applicable law) and We will, to the extent reasonably practicable, assist You in Your defence.
12.1. Changes to the DPTP pursuant to Section 4.3, as well as changes to statutory requirements may make it necessary for Us to amend these Terms of Use ("Amendment"). If You have an Account, We will inform You in the event of a planned Amendment to these Terms of Use about the content of the Amendment with at least four (4) weeks’ notice to the scheduled date of entry into force; the amended Terms of Use will only come into effect if You have agreed to the Amendments. Other amendments and supplements to this Contract must also be made in writing to be legally effective. The requirement of the written form can only be waived by a written agreement of the contracting parties.
12.2. You are not entitled to transfer the Contract to third parties without Our prior written consent.
12.3. Subject to any mandatory provisions of the applicable law of Your place of residence, the Contract is subject to the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods, CISG. The place of jurisdiction for pecuniary disputes arising out of or in connection with the Contract is Nuremberg, if You, as the party to be sued, have moved Your domicile or usual place of residence to a place outside the Federal Republic of Germany or if Your domicile or usual place of residence is not known to Us at the time the action is filed.
12.4. Should any individual provision of this Contract be or become invalid or unenforceable, this shall not affect the validity of the other provisions of the Contract which shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision which accords most closely with the presumed intention and the intended purpose of the Contract and the parties agree to provide any necessary declarations in this respect.
