TERMS AND CONDITIONS

1. Acceptance
These Terms and Conditions, together with the Privacy Policy (hereinafter, the “Terms”) govern your use of the application or website from which you accessed these Terms and the use of related services (hereinafter, hereinafter, the “Service”). The Terms that constitute an agreement between you and premiertoursmallorca.com that define the rights and responsibilities of both you and premiertoursmallorca.com, including its suppliers and affiliates (hereinafter, “premiertoursmallorca.com”), in everything related to the Service. Additional terms may apply to certain parts of the Service.

If you do not agree to the Terms, you are not authorized to use the Service.

2. Requirements
To use the Service, you must be at least thirteen (13) years of age. If you are at least thirteen (13) years of age but a minor in your place of residence, you should review the Terms and have your parent or legal guardian complete registration on your behalf in order for you to use the Service. The person completing the registration must be legally capable of doing so.

3. Registration and termination
You agree to provide truthful and complete information when registering for the Service and to keep that information current. Providing misleading information about your identity is prohibited.

By registering, you will create a username and password. You (and your parent or legal guardian, if you are a minor) are personally responsible for any use of the Service made under your username and password. You agree to take due care to protect your username and password from misuse by third parties and to immediately notify Suunto of any misuse.

You may terminate your registration if you no longer wish to use the Service. Upon this termination, you will no longer have access to the Service. premiertoursmallorca.com may terminate your registration or restrict your access to certain parts of the Service if there is any indication that you are in breach of the Terms, or upon prior notice if you have not logged into the Service with your username in the last six (6) months.

Except as provided in the Privacy Policy, premiertoursmallorca.com will not be responsible for any deletion of the information or content that you have sent (hereinafter, the “Material”) from the Service when you cancel your registration.

Once Material is removed from the Service, either by you or by premiertoursmallorca.com, some trace of the Material may remain and copies of the Material may still exist on the Service.

4. Use of the Service
You accept:
Use the Service solely for private, non-commercial purposes;
Comply with applicable law, the Terms and behave in a civil manner;
Do not submit unlawful, offensive, insulting, pornographic, harassing or defamatory Material or other inappropriate material;
Respect the privacy of other users;
Obtain any consent, permission or license that may be required of you in order to have the right to submit any Materials; and
Not distribute or send spam, files, or technologies that may harm the Service or the interests or property of users of the Service.

premiertoursmallorca.com may, but shall not be obliged to:
Monitor and moderate any Material; and
Remove any Material from the Service and restrict access to any part of the Service at any time, if you deem appropriate.

5. Licenses
premiertoursmallorca.com does not claim ownership of the Material provided by you. Your submission of Material to the Service does not transfer to Suunto any ownership rights in the Material.

However, by submitting Material to the Service, you grant premiertoursmallorca.com a worldwide, non-exclusive, assignable, fully paid up, royalty-free, perpetual, irrevocable license to use, copy, publicly display, distribute, and modify the Material and to prepare derivative works thereof or incorporate the Material into other works, and to sublicense such license.

Users of the Service are granted a non-exclusive, non-transferable, revocable license (revocable at any time at premiertoursmallorca.com’s sole discretion) to access and use the Service strictly in accordance with the Terms. No intellectual property rights are granted to any information or content on the Service.

6. Fees
Your use of the Service may be or become subject to charges.

Any fees charged by premiertoursmallorca.com will be separately announced in connection with the Service.

Use of the Service may involve the transfer of data through your service provider’s network. Your network service provider may impose a charge for such data transfer.

premiertoursmallorca.com is not responsible for the payment of any type of charge.

7. Availability
The Service may not be available in some countries and only in certain languages. The Service may be network dependent; contact your network service provider for more information.

premiertoursmallorca.com reserves the right to modify, improve and correct the Service if it deems appropriate. The Service may not be available during maintenance outages and other periods.

premiertoursmallorca.com will also have the right to decide to suspend the Service or part of it if it deems appropriate. In such a case, you will receive advance notice.

8. Contacts with third parties
You may interact with other users on or through the Service. You agree that such interrelationships do not involve premiertoursmallorca.com and are exclusively between you and other users.

9. Personal data
The Privacy Policy and other provisions of these Terms govern the use of your personal data.

10. Limitation of liability
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. premiertoursmallorca.com does not warrant that the Service will be uninterrupted or free from errors or viruses. No warranties, 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, are made as to availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that use of the Service is at your own risk and that you may be exposed to content from various sources.

Except for liability for death or injury caused by gross negligence or willful misconduct, premiertoursmallorca.com will not be liable for any direct, indirect, incidental, punitive or consequential damages caused by the use or inability to use the Service.

11. Indemnification
You agree to defend, indemnify and hold premiertoursmallorca.com harmless from and against any third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of i) your breach of the Terms, ii) the violation or infringement by you of any intellectual property, other rights or privacy of third parties, iii) the misuse of the Service by third parties, when such misuse is due to your failure to take reasonable measures to protect your username and password against misuse.

12. Miscellaneous provisions
12.1 Choice of Applicable Law and Arbitration
Except for the cases in which it is prohibited by the applicable legislation or that the contrary is stipulated in the present document, these Terms will be governed by the legislation of Spain, without taking into consideration the legal provisions on conflicts of law.

If you reside in the US, the following section applies:

These Terms will be governed by New York law, without regard to conflict of law provisions. Any dispute relating to these Terms or the Service must be referred to binding arbitration in Manhattan, New York, within eighteen (18) months from the date the claimant became aware, or should have been aware, of the facts giving rise to the claim, except that premiertoursmallorca.com may seek injunctive or other relief if you have infringed or threaten to infringe any intellectual property rights. All matters related to arbitration will be regulated by the Federal Arbitration Act, Title 9 of the U.S. Code, article 1 et seq. The arbitration will be conducted by a single arbitrator under the applicable AAA (American Arbitration Association) wireless industry arbitration rules. Each party must bring any claim that would constitute a compelling counterclaim in the litigation or such claim will be barred. No compensation is allowed for exemplary, special, consequential or punitive damages. The losing party, determined by the arbitrator, will pay the arbitration fees. The arbitral award shall be binding and may be entered as a judgment and enforced before any court of competent jurisdiction. The arbitration will be conducted on an individual basis, not on a class basis, and no arbitration will be joined with another arbitration involving another person or entity.

12.2 Validity
The Terms will not exclude or limit any of your mandatory rights in your country of residence. If any provision of the Terms is found to be invalid, the validity of the other provisions will not be affected and the invalid provision will be replaced by the valid provision that most closely matches the result and purpose of the Terms. In case of inconsistency between these Terms and the Privacy Policy, the provisions of these Terms will prevail. The provisions of these Terms that provide for their continued effectiveness in the event of termination shall survive such termination.

12.3 Modifications to the Terms
premiertoursmallorca.com reserves the right to modify the Terms at any time without prior notice. If the Terms are materially and adversely modified, premiertoursmallorca.com will provide a separate notice in advance advising of such modification.

You are responsible for reviewing the Terms regularly. Your continued use of the Service will be deemed your agreement to any changes or modifications.

12.4 Links to third party sites and content
To facilitate your access, premiertoursmallorca.com may include links to Internet sites that are owned or managed by third parties and that are not part of the Service. By following a link to one of such third party sites, you must review and agree to that site’s terms of use before you begin to use it.

You agree that premiertoursmallorca.com has no control over the content of third party sites and cannot assume any responsibility for the services provided or the material created or published by such sites. A link to a third party site does not imply that premiertoursmallorca.com endorses that site or the products and services referenced therein.

In addition, users may create links on the Service to content that has not been submitted to the Service in any other way. You agree that premiertoursmallorca.com has no responsibility or liability with respect to such links.