Terms of Use
Last updated: April 3, 2014
Welcome to the Garmin Ltd. websites.
and its subsidiaries ("Garmin").
The "Garmin Websites" include garmin.com, garmin.blogs.com, my.garmin.com, connect.garmin.com, and other websites that post these Terms of Use.
As used from time to time in these Terms of Use, the terms "we", "us", "our" and their derivatives refer to Garmin.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING GARMIN WEBSITES.
By using any Garmin website, you are agreeing to be bound by these Terms of Use.
If you do not agree to the Terms of Use, you must not use the Garmin websites.
Please note that certain services or features offered on some Garmin websites may be subject to special conditions.
These terms are published together with the respective services or functions.
They apply in addition to these Terms of Use and have priority in the event of inconsistencies.
Garmin may change these Terms of Use at any time by updating this post.
You are bound by such changes and should therefore visit this page regularly to check the terms.
Use of content
The content of Garmin websites, e.g. B. text, graphics, images, audio, video and other content, as well as the domain names, slogans, structure and design (collectively referred to as "content"), are protected by copyrights, trademarks and other laws both within the framework of US U.S. and foreign laws and are owned or controlled by Garmin or by third parties who have made their content available to Garmin on a license basis.
Unauthorized use of content could violate copyright, trademark, and other laws.
If certain content can be downloaded from a Garmin website, you may download a copy of that content to a computer for your personal, non-commercial use provided that: (a) You retain all copyright and other proprietary notices relating to the original content in, (b) you may not sell, modify, reproduce, display, publicly perform, distribute, or otherwise use the Content for any public or commercial purpose without Garmin's prior written consent; and (c) you may not use the content in a way that suggests a connection to our products, services or brands.
You may not "mirror" the contents of any Garmin Web site on any other server without Garmin's prior written consent.
Use of the content on any other website or in a networked computing environment for any purpose is prohibited without the express written consent of Garmin.
The trademarks, logos, and service marks (the "Marks") on the Garmin websites are owned by Garmin or third parties.
Use of these marks without the express written consent of Garmin or the relevant third party is prohibited.
For information about how to request Garmin approval to use the content on your website, send an email to webmaster@garmin.com.
When we offer software downloads from a Garmin website and you download that software, the software will include, but is not limited to, all files and images that are incorporated into the software or generated by the software, and all data that the software contains (collectively referred to as "software"), licensed to you by us or the respective third party licensors exclusively for private, non-commercial use.
We do not transfer any ownership of the software to you.
You are not authorized to distribute or otherwise use the software or to decompile, reverse engineer, disassemble or otherwise convert it into a generally readable form.
UNLESS EXPRESSLY AND IN WRITING OTHERWISE PROVIDED, GARMIN HEREBY DISCLAIMS ALL WARRANTIES REGARDING THE SOFTWARE; THIS APPLIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PROPERTY RIGHTS, AND NON-INFRINGEMENT OF THIRD PARTIES 'RIGHTS, INDEPENDENTLY FROM THIRD PARTY.
GARMIN ASSUMES NO LIABILITY FOR (1) INACCURACIES, ERRORS IN OR FAILURE OF THE SOFTWARE, (2) LOSS OR DAMAGE (INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONCERN OR CONSEQUENTIAL OR CONSEQUENCES) USE OF THE SOFTWARE ARISES OR IS PROVIDED BY INACCURACIES, ERRORS IN OR FAILURE OF THE SOFTWARE.
SHOULD ONE OF THE FOREGOING CONDITIONS BE INADMISSIBLE IN ACCORDANCE WITH APPLICABLE LAW, GARMIN'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Public forums and communication
"Public Forum" means an area, website, or feature offered as part of a Garmin website that allows content to be uploaded by users for viewing by other Garmin website users ("User Content"), including: but not limited to message boards, forums, social communities, conversation sites, or blogs.
You acknowledge that public forums and the functions offered therein are provided for public, non-private communication, and you are not entitled to any data protection with regard to user content in a public forum.
We cannot guarantee the security of the information that you publish through these media; You release this content voluntarily and at your own risk.
Use good judgment when posting information, statements, or content relating to other users, service providers, Garmin, or others.
You may be held liable if you post legally actionable or defamatory comments, statements, or other information or content on the Garmin website that may allow other users, Garmin, or any third party to seek damages against you.
Garmin is not legally responsible for User Content, even if that User Content is defamatory or otherwise legally enforceable.
You are and will remain solely responsible for any user content that you post on or through Garmin websites to any public forum, and you will bear the consequences of such submission and publication.
We are not required to monitor public forums.
You are solely responsible for any damage resulting from any violation of copyright, property rights, or any other violation of User Content.
By posting materials on Garmin websites, you or the owner of the materials automatically grant Garmin the express right and license to use, reproduce, modify the content (in whole or in part) worldwide, free of charge, continuously, irrevocably and non-exclusively , adapt, publish, translate and distribute and / or incorporate them into any form, media or technology currently available or developed in the future for the entire period of copyright or other rights that may exist in this content.
You also grant any other user the right to access, view, save or reproduce the content for personal use.
You hereby grant Garmin the right to edit, copy, publish, and distribute any material you post on Garmin websites.
You acknowledge that you use or rely on any content posted by users on a public forum at your own risk.
For example, we are not responsible for, and we accept no liability for, any opinion, advice or recommendation posted or submitted by users in a public forum.
We do not perform any controls or verifications on the qualifications, backgrounds or skills of users or the information they post on any public forum.
Therefore, we recommend that you use caution and good judgment when using Garmin websites or any public forum.
Code of Conduct: You agree that you will not post any User Content on any Garmin website that:
are defamatory, offensive or harassing, contain a threat, or constitute an invasion of another person's privacy
are bigoted, hateful, racist, or otherwise offensive
Are violent, vulgar, obscene, pornographic or otherwise clearly sexual in nature or otherwise harm or could harm a natural or legal person
Are illegal or support illegal activities or their coordination; these include User Content that includes child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen materials, drug trafficking and / or abuse, harassment, theft, or dating of criminal activity
violate the rights of third parties; these include: (a) copyrights, patent rights, trademark rights, trade secrets or other proprietary or contractual rights, (b) data protection rights (in particular, you may not distribute any other person's data without their express consent) or personal rights or (c) any confidentiality obligations
Are commercial, business-related or promotional in nature or involve the sale of products, services or other benefits (whether profitable or not) or soliciting services from others (this also includes requests for contributions or donations)
Contain a virus or harmful component or otherwise corrupt, adversely affect or damage the Garmin Websites or any network connected to it, or otherwise impair any person or entity's use of the Garmin Websites
(a) generally do not belong to the respective topic of the relevant public forum, (b) violate certain restrictions for a public forum (this includes age restrictions and procedures) or (c) are hostile to society, cause unrest or are destructive (this includes, among other things, often on the Internet processes used and known terms such as "flaming", "spamming", "flooding", "trolling" and "griefing") or
are false or misleading
We cannot guarantee or warrant that other users will comply with the above rules of conduct or other provisions of these Terms of Use, and you hereby assume all risks of damage or injury that may result from such non-compliance.
We reserve the right not to publish or forward User Content, or to delete published User Content that violates these Terms of Use (including the Code of Conduct), but disclaim any obligation or responsibility in this regard.
Content
An account can or must be created to participate in certain services or to take advantage of additional benefits on the Garmin websites.
You agree to provide truthful, correct, current and complete information about the personal data requested in the registration process ("registration data") and to manage and update it.
You agree not to impersonate any other person or legal person or to provide false information about your identity or your connection to any person or legal person; this includes using someone else's username, password, or other account information, or someone else's name, pictures, photos, or voice.
You further agree to notify us immediately at webmaster@garmin.com of the improper use of your username, password, or other account information, and other security issues relating to Garmin websites.
We have the right to suspend or terminate your account and your ability to use Garmin websites in whole or in part if you violate these Terms of Use or certain terms of a particular service.
Garmin's Liability
Garmin makes no representations or warranties as to the accuracy, reliability, completeness, or currency of the content, or as to the results that may be obtained from your use of the Garmin websites and their content.
Use of the Garmin websites and their content is at your own risk.
Changes are made to the Garmin websites from time to time; this can be done at any time.
Some content on the Garmin websites may be provided by third parties; Garmin is not responsible for such content provided by third parties.
GARMIN MAKES NO WARRANTIES THAT THE GARMIN WEBSITES WILL OPERATE ERROR-FREE OR THAT THE GARMIN WEBSITES OR THEIR SERVERS WILL NOT CONTAIN ANY COMPUTER VIRUSES OR OTHER HARMFUL ELEMENT.
IF YOUR USE OF THE GARMIN WEBSITES OR THEIR CONTENT REQUIRES MAINTENANCE OR REPLACEMENT OF EQUIPMENT OR IF THEREFORE CAUSES LOSS OF PROFIT OR DATA, GARMIN IS NOT OBLIGED TO ASSUME THESE COSTS.
THE GARMIN WEBSITES AND THEIR CONTENT ARE PROVIDED AS IS AND WITHOUT WARRANTY OF ANY KIND.
GARMIN DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPERTY RIGHTS OR THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
Exclusion of certain cases of compensation
Your use of the Garmin websites is at your own risk.
If you are not satisfied with the content or any other part of the Garmin websites, or with these terms, your sole remedy is to stop using the Garmin websites.
IN NO EVENT SHALL GARMIN OR THIRD PARTIES REFERRED TO ON THIS WEBSITE WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL DAMAGES, COMPENSATION FOR PENALTIES, INCIDENTAL OR CONSEQUENTIAL DAMAGES) USE OF THE GARMIN WEBSITES AND THEIR CONTENT HAS CREATED, INDEPENDENT OF WARRANTIES, CONTRACTS, BAD ACT OR ANY OTHER LEGAL BASIS AND EVEN IF GARMIN IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU; IN THIS CASE, THE EXCLUSION OR LIMITATION TO THE MAXIMUM PERMISSIBLE FRAMEWORK OF APPLICABLE LAW WILL APPLY.
Links to other websites
The Garmin websites may contain links to third party websites, the content of which is maintained by third parties.
The provision of such links is only in the interests of consumer convenience and does not mean that Garmin endorses the content of these third party websites.
Garmin is not responsible for the content of any linked third party website, and makes no representations or warranties regarding the content, accuracy of material, or the privacy practices of such third party websites.
Your access to linked websites of third parties is at your own risk.
Third party applications
Garmin websites may offer the option to download applications developed by third parties.
Garmin is not responsible for the content or operation of these third party applications, or for the privacy practices of such third party developers, and makes no representations or warranties regarding them.
If you download and use a third party application, you do so at your own risk.
Indemnification
You will defend and hold Garmin, its officers, directors, employees and agents harmless and harmless from any claim, suit or claim, including, but not limited to, reasonable legal and accounting costs, allegedly or actually caused by your breach thereof Terms of use arise.
Exportkontrolle
The United States and other countries control the export of products and information.
You undertake to comply with these restrictions and not to export or re-export the content to countries or to persons to or to which export is prohibited under export control laws.
By downloading the content, you are indicating that you are not in an export excluded country and that you are not on the Department of Commerce's "Table of Denial Orders" or on the Specially Designated List Nationals "of the US Department of the Treasury are listed.
You are responsible for complying with the laws that apply to you locally regarding the import, export or re-export of the content.
Copyright Policy
Garmin respects the intellectual property rights of others.
Garmin may, in its sole discretion, delete a user's account if the user has infringed or repeatedly infringed third party copyrights.
To report a copyright infringement to Garmin, please send a notice in accordance with the form prescribed by the Digital Millennium Copyright Act ("DMCA"); the report to the responsible officer named below must contain the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed copyright.
Details of the copyrighted work that is claimed to have been copyrighted or, if the report relates to multiple copyrighted works on an online website, a list of the works on that website.
Details of the material that you believe is infringing or is subject to copyright infringement that you wish to remove or disable access to, and information that is sufficiently detailed to enable the service provider to locate the material.
Sufficient contact details of the complaining party such as address, telephone number and email address (if available) to enable the service provider to contact the complaining party.
A statement by the complaining party that it has a good faith belief that use of the material it has identified is not authorized by the copyright owner, its agent, or the law.
A statement that all of the information provided in the message is true and an affidavit that the complaining party is a person authorized to act on behalf of the owner of the allegedly violated sole right.
You acknowledge that your DMCA notification may not be valid in the event of failure to comply with the requirements of the preceding section.
For more information on DMCA and DMCA notifications, see the U.S.C. in Title 17, Section 512.
Our representative for copyright issues can be reached at the following addresses:
Email: copyright@garmin.com
Postal address:
DMCA Designated Agent
Attn: Legal Department
Garmin International, Inc.
1200 East 151st Street
Olathe, KS 66062, USA
Generally
Except to the extent described below in this paragraph, all legal issues arising out of or relating to your use of Garmin websites will be construed and governed by the laws of the State of Kansas, USA, and governed by the laws that apply to contracts which are completed and met in the State of Kansas; this applies regardless of the conflict of laws principles in that state.
By using any Garmin website, you agree that any claim or action arising out of your use of the Garmin website is subject to the exclusive jurisdiction of the Kansas federal district court or any other Kansas state court in Johnson County subject.
You hereby irrevocably and to the maximum extent permitted by law waive any objection, now or in the future, in relation to the place of jurisdiction for any such proceeding in such a court and any claims that such proceeding was held in such a court in an unfavorable place of jurisdiction .
If you (a) are not a U.S. citizen, (b) are not a resident of the United States, (c) access the Garmin website outside the United States, and (d) are a citizen of any of the countries listed below, you agree You hereby agree that any conflict or claim arising out of these Terms of Use, regardless of any conflict of law, will be subject to the applicable legal provisions set out below, and you hereby irrevocably submit to the jurisdiction of the state, province or country courts as determined below and whose laws are relevant:
Citizenship:
Any country in the European Union
Applicable law and place of jurisdiction:
English Law; London, England
If you want to make a complaint or request more information, you can write to the provider.
Postanschrift: Garmin International, Inc., 1200 East 151st Street, Olathe, Kansas 66062, USA.
Telephone number: + 1-913-397-8200 (ask for the webmaster).
Email-Address: webmaster@garmin.com.