HUGO BOSS Communications Portals

A. GENERAL TERMS OF USE

I. Scope
The following Terms of Use apply to the websites and mobile applications offered by HUGO BOSS AG and/or its affiliates (“HUGO BOSS”) as well as the related services (hereinafter collectively referred to as "Communications Portals"). These Terms of Use may in a specific case be supplemented, modified or replaced by additional terms and conditions, e.g. for the purchase of merchandise.

You are deemed to have accepted the application of these Terms of Use at the time you log in or, where no special login is required, at the time you start using a HUGO BOSS website or mobile application.

II. Services
1. HUGO BOSS keeps certain content and, where necessary, software available for accessing or downloading via its Communications Portals. HUGO BOSS endeavours to manage and maintain its Communications Portals with due care. However, it makes no guarantee that such portals will achieve a certain minimum availability or that they will be free of errors. Similarly, HUGO BOSS does not guarantee that the information provided on its Communications Portals is complete or accurate.

2. HUGO BOSS reserves the right to make changes to the Communications Portals at any time and to discontinue them in their entirety or in part. This includes but is not limited to making changes to their content and structure as well as requiring registration or payment of a fee to access pages that were previously freely available.

3. HUGO BOSS endeavours to keep its Communications Portals free from viruses and other malware, but does not guarantee that they are free from viruses and other malware in all cases. For this reason, you must take your own precautions to protect your hardware and software from viruses and other malware, for example, through the use of state-of-the-art virus protection programs.

III. Website charges
1. HUGO BOSS does not generally charge for the use of its Communications Portals except in those cases where it expressly requests payment for specific content.

2. Furthermore, you may incur transmission costs when downloading or using mobile applications offered by HUGO BOSS AG and/or its affiliates (hereinafter collectively referred to as "HUGO BOSS Apps"). The amount of these transmission costs for mobile Internet use will depend on the rates of your Internet provider.

IV. Intellectual property
1. Copyright and industrial property rights
The content of the Communications Portals including, but not limited to their web pages, programs, graphics, images, audio, video, scripts, texts as well as the order of same on the Communications Portals are intellectual property and subject as such to copyright and/or industrial property right protection.

Users of the Communications Portals or other third parties are not permitted to use the content of Communications Portals for commercial, business and/or public purposes and, in particular, they are not permitted to copy, distribute, modify or make such content accessible to third parties. Proprietary notices may not be removed.

2. Trade marks
The indicia of origin used on the Communications Portals, in particular the descriptions of collections, logos and emblems are protected trade marks of HUGO BOSS or one of its licensors.

3. No licence
Except as expressly provided in these Terms of Use, neither HUGO BOSS nor its respective licensor grants you an express or implied licence to use the intellectual property rights accessible via the HUGO BOSS Communications Portals without prior written consent. HUGO BOSS reserves the right to pursue civil and criminal remedies for illegal use of the Communications Portals.

V. Information supplied by users
1. Any comments, suggestions, ideas and other content which you send or otherwise make available to HUGO BOSS (hereinafter collectively referred to as "Information Sent") will be regarded as supplied on a non-confidential basis. HUGO BOSS is not obliged to treat the Information Sent confidentially.

2. HUGO BOSS may at its sole discretion use and exploit the Information Sent free of charge.

3. You are responsible for ensuring that none of the Information Sent infringes third-party rights, including but not limited to copyrights, trademarks, patents, business secrets, personality rights or intellectual property rights. You agree to indemnify and hold HUGO BOSS harmless from and against any wrongful violations of third-party rights resulting from the supply of the Information Sent, including reasonable fees for HUGO BOSS's defence.

VI. Prohibited behaviour
1. You are prohibited from using the Communications Portals for any purpose that is unlawful. When using the Communications Portals, you must not do any of the following (this list is not exhaustive):

a) inflict damage or violate the personality rights of any person (especially a minor);

b) behave in a manner that violates accepted principles of morality;

c) send content that is libellous, defamatory, obscene, insulting, pornographic or which glorifies violence or violates the privacy of another person or otherwise make same accessible;

d) infringe industrial property rights or copyright or any other intellectual property rights; 

e) recommend goods or services via the Communications Portals or use it to solicit cash or cash equivalents; or

f) act on behalf of third parties, in particular register third parties on the Communications Portals for newsletters or competitions.

2. You must not do anything to disable or impair the function of HUGO BOSS Communications Portals. HUGO BOSS reserves the right to claim for civil or criminal liability against any violation of this provision.

3. HUGO BOSS may block your access to the HUGO BOSS Communications Portals at any time, including, but not limited to, where you breach your duties under these Terms of Use or any other applicable provisions.

VII. Registration and Password
1. Some of the pages of the Communications Portals may be password protected and require you to register. You have no right to demand that HUGO BOSS accept your registration.

2. You must truthfully answer all questions when registering and you must notify HUGO BOSS without delay should any of the supplied details change at a later time.

3. The e-mail address you supply when registering will also be the user name for your account and you will be asked to choose your own password. After you have successfully registered, you will automatically receive an e-mail notifying you that your account has been set up. You will as a rule be able to change your initial password after you have logged in for the first time. You must keep your user name and password secret at all times and protect them from unauthorised access by third parties. You are responsible for any misuse of your user name or password. You must immediately report the loss or misuse of your password to HUGO BOSS. HUGO BOSS will block your account immediately upon receiving such notification.

4. HUGO BOSS is entitled to terminate your access rights at any time and to block your account if

a) the information you provided when registering was incorrect,

b) you violate the applicable Terms of Use or laws and regulations of the country where HUGO BOSS AG and/or the responsible affiliates (as defined in Clause XIII below) are located, when using the Communications Portals.

VIII. Entry Rules for Competitions
1. The Communications Portals may contain invitations to enter promotional events. The following rules apply to all promotional events:

a) Promotional events are not open to employees (or members of their families) of HUGO BOSS AG or its affiliates.

b) No prize can be exchanged for cash or any other prize.

c) The judges' decision is final.

2. These rules may be modified or replaced by other rules in specific cases.

IX. Liability
1. You are responsible for all of your activities on or in connection with the Communications Portals.

2. In the event of a breach of duty– regardless of the legal basis –HUGO BOSS's liability will be limited to liability for intentional wrongdoing and gross negligence. In the event of slight negligence, HUGO BOSS will only be liable for (a) claims arising from loss of life, bodily injury or illness and (b) damage caused by a breach of a material duty (i.e. duties whose fulfilment is of the very essence for the proper implementation of the contract and upon whose fulfilment the contractual partner has regularly relied or upon whose fulfilment the contractual partner may regularly rely). In this event, however, liability to pay damages will be limited to the foreseeable damage that typically occurs. The above-mentioned limitations on liability do not apply to any claims you may have under applicable mandatory product liability laws and regulations.

X. Links / Content of Other Sites
1. The Communications Portals may link to Internet sites operated by third parties. HUGO BOSS does not control the content on such sites. HUGO BOSS does not endorse these Internet sites or their content and assumes no co-responsibility for them; consequently, you use them at your own risk.

2. You are not permitted to post any content on the Communications Portals unless HUGO BOSS has expressly requested this. As a rule HUGO BOSS has no control or influence over the content posted on the Communications Portals by users or other third parties, unless otherwise required by statutory laws. HUGO BOSS does not endorse such content and assumes no co-responsibility for same. The persons responsible for such content are the users or third parties who posted such content.  You shall not post, or assist or encourage a third party to post the information that violates Chinese laws and regulations, particularly:

a) violates the integral principles in the Constitution;

b) compromises State security, divulges State secrets, subverts State power, or undermines the unity of the nation;

c) damages the honor and interests of the nation;

d) incites ethnic hatred or racial discrimination or undermines national solidarity;

e) sabotages the religious policies of the State, propagates heresies or superstition;

f) disseminates rumors, disrupts social order or undermines social stability;

g) disseminates obscenity, pornography, gambling, violence, murder, horror or instigates others to crime; or

h) infringes others' legitimate rights and interests by insulting or slandering others.

3. If you believe that a work, performance, or sound or visual recording as copied or linked to on the HUGO BOSS Site infringes on your rights under the Regulations on the Protection of the Right of Dissemination via Information Network, please send a written notice to HUGO BOSS at the following email address: info@hugoboss.com, to request HUGO BOSS to delete, or disable the link to, such work, performance, or sound or visual recording.

XI. Privacy Statement
Personal information that you provide via the HUGO BOSS Communications Portals will only be collected, processed and used in compliance with the HUGO BOSS Privacy Statement and the law.

XII. Changes to these Terms of Use
HUGO BOSS reserves the right to amend these Terms of Use at any time.  HUGO BOSS will notify you of any changes to these Terms of Use in a suitable manner and make a copy of the changes available. You may object to any changes to these Terms of Use within six weeks of receiving notice of them from HUGO BOSS. If you do not object to the changes within this time limit or if you continue to use the HUGO BOSS Communications Portals without objection, you will be deemed to have consented to the changes. At the time HUGO BOSS notifies you of the changes to its Terms of Use, it will inform you of your right to object and of the consequences of failing to do so.

XIII. Miscellaneous
1. HUGO BOSS AG, Holy-Allee 3, D-72555 Metzingen, Germany, and/or the affiliates shown in the respective website credits are responsible for the operation of the individual web pages of the Communications Portals (“responsible affiliates”). The web pages of the respective HUGO BOSS Communications Portals comply with the legal requirements in the country in which the responsible company is located (relevant country). HUGO BOSS assumes no responsibility for ensuring that information and/or content provided on the HUGO BOSS Communications Portals can also be accessed or downloaded at places outside of the relevant country. If you access HUGO BOSS Communications Portals from a place outside of the relevant country, you will be solely responsible for compliance with the laws of your resident country.

2. The laws of the country in which the responsible affiliate are located apply without prejudice to the application of any mandatory consumer protection laws in your resident country (if you are a consumer). The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

B. SPECIAL TERMS FOR HUGO TRACKS

I. Scope
If there is a conflict between these Special Terms of Use and the General Terms of Use in A. above, these Special Terms of Use will apply.

II. Downloads of HUGO Tracks
You may download selected pieces of music in MP3 format found under the "HUGO Blog" tab on the HUGO BOSS website (hereinafter referred to as "HUGO Tracks") one time each.

III. Licence for HUGO Tracks
1. HUGO BOSS grants you a non-exclusive, non-sublicensable, worldwide, perpetual right to use the HUGO Tracks with the following scope: You may download the HUGO Tracks onto your hard disc in order to save and copy them for your own private purposes. You may listen to them as often as you like and you may copy them onto mobile players. You may pass on burned audio CDs free-of-charge to a small group of family and friends for their personal use within the scope described above.

2. You are not permitted to use HUGO Tracks beyond the scope described above. In particular, you are prohibited from using the pieces of music for commercial purposes. This applies especially to the distribution, sale or other disposal, for a charge, of any burned audio CDs or copies or recordings thereof. You are not permitted to modify the HUGO Tracks, in particular you are not permitted to reverse engineer them by, for example, playing MP3s and subsequently redigitalizing them. Furthermore, youshall not publish the audio material on the Internet or on peer-to-peer (P2P) file-sharing systems or through the use of any other network data exchanges.