The following Terms and Conditions contain the conditions of use of the Official Website "www.alinghi.com" (hereinafter referred to as the "Website") that Team Alinghi S.A. and its affiliates (collectively hereinafter referred to as "Alinghi") offer to their users.

Team Alinghi S.A. is a Swiss company, with domicile at PSE Parc Scientifique, Site de L’EPFL, 1015 Lausanne, Switzerland.

The use of this Website grants the condition of user of the Site (hereinafter referred to as the “User”) and implies the acceptance of the Terms and Conditions available in the English version. Alinghi may revise these terms from time to time by updating this posting, with the revised terms taking effect as of the date of its posting.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By using this Website, the User signifies his consent to these Terms and Conditions of Use. If the User does not agree with these Terms and Conditions of Use, he may not use the Website.

 

The User undertakes to use this Website and the Materials according to the law, the present Terms and Conditions and any other legal notice posted in the Website, the moral and good customs. The Material includes but is not limited to images, photographs, illustrations, texts, logos, trademarks, software, object and source codes, video clips, games, audio and any other visual or sonorous material (hereinafter referred to as "Material").

The User undertakes not to use this Website and the Materials for illegal purposes, violate these Terms and Conditions or infringe any third party's rights or use this Website in such way that it may damage, deteriorate or impede the normal use of the Website, the network computer environment or the documents, files and any of Alinghi or third parties' Materials.

Alinghi maintains this Website for information purposes. In this regard, the User may download and copy Material of this Website in his computer provided that:

(i)        The User uses the Material only for informative, private, domestic and non-commercial use purposes, and

(ii)       The User does not delete, alter or remove from the Materials or webpages any copyright, trademark or any other proprietary notices (symbols such as “©” or “®”) and any digital track or other technical mean created for recognition.

Unless the provisions set out in the previous paragraph, and except otherwise provided in the Website, the User shall not reproduce, copy, distribute, communicate, publicly perform, transform or otherwise display on any other website, prepare derivative works, or modify the Materials without Alinghi’s or third rights-holder prior written approval.

The User shall refrain from obtaining or trying to obtain the Material through different methods of those available on this Website or, in general, those usually used on the Internet, provided that they do not imply a risk of damage or non-use of the Website or its Materials.

If the User violates any of these Terms and Conditions, Alinghi reserves the right to automatically withdraw to the User the right to use the Materials. The User must immediately destroy any copies of the Materials.

 

Any communication or material the User sends to the Website by electronic mail or equivalent electronic mean, excluding personal data about the User, but including without limitation, any other data, query or answer, comment or suggestion, shall not be construed as proprietary information of Alinghi.  Alinghi does not guarantee the confidentiality of any communication or information transmitted to the Website.

By posting communications or information to the Website, the User automatically grants Alinghi a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communications or information alone, or as a part of other works in any form, media, or technological tool, now known or to be known in the future and to sublicense such rights to anyone. Anything the User transmits or posts may be used by Alinghi for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or development, manufacture and marketing products by using such information.

 

This website provides links to other sites that allows access to other sites operated by third companies. The inclusion of the links are for the sole purpose of allowing the User to find and consult information, material or services offered in such sites.

Alinghi is not be responsible for the accuracy and availability of the information, material or content in the sites presented by the third parties, as well as performance, terms and conditions, policies or practices on personal data protection of such third party sites.

Links to these sites do not constitute an endorsement by Alinghi of such sites or the content, products, or other materials or services presented by them. Alinghi does not author, edit, or monitor the content, links, or services provided by third parties. Alinghi shall not be liable, directly or indirectly, for any damage caused in connection with the use of the contents, products or any other material available on third party's site.

The User shall not create links to the Website of Alinghi from another site without Alinghi's prior written approval. The creation of a link to Alinghi's Website is subject to the following terms and conditions:

(i)        The User shall ask prior Alinghi's written approval to create a link to the Website;

(ii)       Under no circumstances whatsoever, the User shall include the Website into the frame of another site and he shall only create a direct link to the home page' of the Alinghi's Website;

(iii)     The User shall not create any third party association with the Website;

(iv)       The User shall ensure that the link does not state or imply that Alinghi sponsors or endorses the other site activity, nor state or imply that Alinghi has approved the link or the material posted and services offered on the third parties site;

(v)        The site shall not include false, misleading, defamatory or derogatory declarations about Alinghi, the America's Cup and any of its managers, employees, webpages or services offered on the Website;

(vi)       Unless otherwise explicitly stated in these Terms and Conditions, the site which includes the link shall not use any trademark, commercial name, slogan, logo or any other distinctive sign registered by Alinghi or any third-holder party associated to Alinghi;

(vii)      The link shall not be construed as an authorisation to use the photographs, trademarks, logos, commercial names or any other distinctive sign registered by Alinghi or any third-holder party associated to Alinghi without prior written approval by Alinghi or any third holder party associated to Alinghi;

(viii)     The site shall not, in any manner, include illegal material or information, or not being in keeping with morality, good practices or public order, nor shall it include contents that violate the rights of third parties.

The link on the third parties site shall not imply the existence of relations between Alinghi and the site owner, nor the acceptance or approval by Alinghi of the content and conditions of use of this site.

Alinghi shall not be liable, in all extension authorised by law, for any damage or loss of any kind, regarding the performance, availability, accessibility, continuity of the third party site, and for the quality, legality, reliability and fitness of information, content and services offered on this site.

 

Unless otherwise explicitly stated so, the Materials are intended to be for informational purposes only. Alinghi makes no representation that the Material is appropriate or available for use in jurisdictions outside Switzerland. Users from other countries enter the Website at their own risk and accept to comply with local laws and regulations.

Alinghi shall not be liable for indirect, special, incidental or consequential damages (including loss of profits), even though these damages where predictable. 

Whilst Alinghi uses best efforts to ensure that information on this Website is accurate and complete, Alinghi and its providers do not warrant or represent that the Material or the services offered are accurate, error-free, truthful or adequate for a specific purpose. In addition, Alinghi does not warrant that the Material infringes rights of third parties.

The use of this Website is at the own risk of the User. The Website is provided in as “as is”, “as available” basis, without warranty of any kind, either expressed or implied.

Alinghi shall not be liable, in all extension authorised by law, for any damage or loss of any kind, resulting from the transmission, dissemination, hosting, reception, collection or access to the Material. In addition, Alinghi shall not be liable for the lack of accuracy, reliability, completeness or timeless of the Material or about the Material fitness to specific purpose or the results to be obtained from using the Website; or about the non-compliance, partial compliance, delay or termination of the obligation undertaken by third parties and contracts entered into with third parties; defect of any kind of the Material that has been transmitted, displayed, hosted, offered, received, obtained or to which the Users have had access throughout this Website; Alinghi is not responsible for the costs incurred in the use of this Website and the Material.

Alinghi does not undertake to monitor and does not monitor the use made by third parties of this Website and its Materials. In this regards, Alinghi does not guarantee that the Users will use this Website and the Materials in accordance with the Terms and Conditions and that they will use it with diligence.

Alinghi does not undertake to check and does not check Users' identity as well as the accuracy, completeness, legality, timeless and/or authenticity of the data provided by the Users regarding other Users.

Alinghi shall not be liable, in all extension authorised by law, for any damage or loss of any kind, resulting from the use made by third parties of this Website and the Material or reliability, validity, legality, timeless and/or authenticity of the data provided by the Users regarding other Users and, in particular, for the damages of any kind resulting from the substitution of the personality by an User with the communications tools available on this Website.

Alinghi does not guarantee services' or Materials' availability and continuity and disclaims any guarantee or representation regarding their availability or performance and their fitness for any particular purpose. In addition, Alinghi does not guarantee data confidentiality and security of this Website or its Material and, in particular, does not guarantee that non-authorised third parties are aware of the way Users use this Website. 

Alinghi shall not be liable, in all extension authorised by law, for any damage or loss of any kind, related to the connection and access to the Website, access by third parties, and including but not limited the liability for the loss of use, interruption of activity, loss of benefits or data, even if Alinghi was previously aware of the damages caused or alleged to be caused.

Alinghi does not monitor and disclaims any guarantee regarding the existence of virus or other elements that may cause damages on the User's computer network, electronic documents and files. In this regard, Alinghi does not warrant that the functional aspects of the Website will be error free or that this Website or the server(s) that makes it available are free of viruses or any other possible harmful elements.

Alinghi shall not be liable, in all extension authorised by law, for any damage or loss of any kind, regarding the existence of virus on the Website or other harmful elements that may cause damages on the User's computer  network, electronic documents and files or as a result of non performance of certain services.

 

Trademarks, commercial names and any other distinctive sign displayed on this Website are Alinghi's registered trademarks or are licensed to Alinghi by third parties or are used for editorial purposes. Nothing contained on the Website may be construed as granting any license or right to use any trademark, commercial names or any other distinctive sign displayed on this Website.

Trademarks, commercial names and any other distinctive sign shall not be used without Alinghi's prior written authorisation.

Users acknowledge that intellectual property rights on the Materials are owned by Alinghi or by third parties. Access to the Website shall not be construed as granting any license on the Material's exploitation rights, except if strictly necessary for the correct use of this Website and within the limits of the clause of the Terms and Conditions.

 

As a condition of use of the Website, the User agrees to indemnify Alinghi and its affiliates, employees and agents for the damages (including attorneys and other representatives' fees) arising out of the violation of the Terms and Conditions of Use of this Website.

 

Alinghi reserves the right to temporally interrupt and/or prohibit to any User the access to the Website, at any time and without prior notice, if Alinghi reasonably believes that he has infringed these Terms and Conditions or violated Alinghi's or any third party's rights.

 

The User acknowledges that Alinghi may modify Materials, temporally interrupt or terminate Services' provision in the Website, at any time and without prior notice. Alinghi shall not be liable for the damages arising out of the interruption or termination of the Services.

The provisions entitled "Guarantees and Liability," "Waiver and Severability," and "Applicable Law and Jurisdiction" will survive the termination, for any cause, of these Terms and Conditions of Use of the Website.

 

The delay or failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The individual exercise of any right shall neither impede its exercise in a later time nor exclude of any other rights.

If any provision of the Terms and Conditions is found by a Court of competent jurisdiction to be null, invalid or unlawful, it shall not give effect to the other clauses of the Terms and Conditions which shall remain in full force and effect.

 

The User acknowledges that, unless otherwise stated so, any claims shall be brought, in accordance with this agreement, within 12 months of the first occurrence giving rise to such claims, or such claims will be forever barred.

 

The current Terms and Conditions constitute the only valid version that bounds Alinghi. In case of contradiction between different translations of Terms and Conditions, the ruling version shall be the only valid and bonding.

 

These Terms and Conditions shall be governed by and construed in accordance with the laws of Switzerland.

 

In case of a dispute arising out of the interpretation of these Terms and Conditions, the User agrees to submit them to the exclusive jurisdiction of the Courts of Geneva, Switzerland.