Terms of Use

General Terms and Conditions of Use

Welcome to our website www.gottex-swimwear.com (the “Site”). These General Terms and Conditions of Use govern the access to and use of the Site. The Site is operated by Swimsuit Commissions Corp., a company registered under the laws of the state of New York (United States of America) (“Gottex” or “we”). The words “user”, “you” and “your” in these General Terms and Conditions of Use refer to a user of the Site.

1. Users
By accessing, browsing or using the Site (and/or its services), you represent and warrant that you are at least eighteen (18) years of age.

By using the Site you represent that you have read, understood and agree to be bound by the Website Policies (as defined below). If you do not agree to the Website Policies, please do not access or use the Site. Gottex reserves the right to modify and/or discontinue the Site, at any time, for any reason and without notice.

Gottex reserves the right to refuse registration of and/or cancel an account in its sole discretion and to terminate an account, should you be in violation of any provision of the Website Policies or if Gottex detects or suspects any illegal use, suspicious traffic, fraud, etc. Users are responsible for all activity that occurs on their account. Users must immediately notify Gottex of any unauthorized use of their account, or any other account related security breach of which a user is aware.

You shall maintain and update any information about yourself that you have provided to us.

2. License
All content included on the Site, such as works, images, button icons, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the “Content”), is the exclusive property of Gottex, its affiliates, and/or its content suppliers, as applicable, and is protected by national and international copyright and other intellectual property laws. Except as expressly permitted in these General Terms and Conditions of Use, you may not copy, reproduce, publish, distribute, display, modify, adapt, translate, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Site or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic, without the prior express written consent of Gottex, its affiliates, and/or its content suppliers, as the case may be, in each specific instance. You shall not use any keywords, metatags, meta-elements, hidden text or other equivalents using the name “Gottex” or any other colorable equivalent without the prior express written consent of Gottex. Gottex, its affiliates, and its content suppliers have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Gottex, its affiliates, and its content suppliers shall have the right, at any time, to claim the authorship of any Content posted on the Site and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by Gottex, its affiliates, or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

The viewing, printing or downloading of any Content from the Site grants you only a limited, revocable, nonexclusive and nontransferable license to (i) access and view the Site and the Content, and (ii) copy, download and store the Content temporarily (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content, solely for your personal, non-commercial use and not for resale, republication, distribution, assignment, sublicense, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You agree that with respect to any copy or download of the Content, you will reproduce and include all copyright and/or other proprietary notices included in such Content. The licenses granted hereunder immediately terminate in the event of improper use of the Site and the Content.

Users acknowledge and agree that any and all misappropriation or misuse of the Content and/or any other information contained on the Site will cause irreparable harm to Gottex and that in such event money damages will not constitute sufficient compensation to Gottex. Consequently, in the event that you, directly or indirectly, misappropriate or misuse the Content and/or any other information contained on the Site, you specifically consent to Gottex obtaining injunctive relief against you in addition to any other legal or financial remedies to which Gottex may be entitled.

3. User Submissions
From time to time, we may permit users to submit content to the Site. You hereby acknowledge and agree that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than personal information and/or registration information) through the Site (individually and collectively, “Submissions”), you (i) grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created, without attribution to you; (ii) grant us the right to pursue at law any person or entity that violates your and/or our rights in your Submissions; and (iii) forever waive any and all of your rights, including but not limited to moral rights, if any, in and to your Submissions, including, without limitation, any all rights or requirements of attribution or identification of you as the author of the Submission or any derivative thereof. We reserve the right to remove any of your Submissions from the Site, in whole or in part, without notice to you, for any reason or no reason.

Submissions, including personally identifiable information contained therein, are made voluntarily and are subject to our Privacy Policy. You may not upload or otherwise publish content on the Site that (i) is confidential to you or any third party; (ii) is untrue, inaccurate, false or other than an original work of your authorship; (iii) relates to or impersonates any other person; (iv) violates the copyright, trademark, patent or other intellectual property rights of any person or entity; (v) contains any content, personally identifiable information or other information, or materials of any kind that relate or refer to any other person or entity other than the provider of the products, goods or services to which the Submission relates; or (vi) violates any law, or in any manner infringes or interferes with the rights of others, including but not limited to the use of names, information, or materials that (A) libel, defame, or invade the privacy of any third party, (B) are obscene or pornographic, (C) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (D) constitute personal attacks on other individuals; (E) promote criminal, immoral or illegal activity; (F) promote or advertise any person, product or service or solicit funds; or (G) are deemed confidential by any contract or policy.

You are solely responsible for any Submissions you make and their accuracy and you agree to defend, at Gottex’s option, and at your sole expense, indemnify and hold Gottex, its affiliates and subsidiaries, and their respective employees, agents, representatives, successors and assigns harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which Gottex may incur as a result of your Submissions. We take no responsibility and assume no liability for any Submissions posted by you or any third party, and Gottex does not endorse any statement, idea or representation contained in the Submissions, nor does it not guarantee the Submission’s accuracy, integrity or quality.

4. Intellectual Property
GOTTEX is a trademark owned by Gottex Swimwear Brands Ltd. All other trademarks, logos, trade names, domain names and other distinctive signs, copyrights and patents used in connection with the Site (collectively, the “Intellectual Property”) are property of Gottex or its affiliates, subsidiaries or suppliers. Gottex and all other Intellectual Property owners have exclusive rights to use their respective Intellectual Property. You are not granted any rights in or to the Intellectual Property, and you agree not to use the Intellectual Property without the prior written authorization of Gottex or the applicable Intellectual Property owners.

Gottex vigorously enforces its intellectual property rights to the fullest extent permitted by law. Accordingly, Gottex will prosecute any unauthorized use or reproduction of the Intellectual Property, any of the Content, databases used to store the Content and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.

5. Intellectual Property Infringement Complaints
If you believe that your intellectual property rights have been violated in any manner by the Site, please provide written notice of the same to service-gottex@gottexmodels.com

If notified of an allegation that the Site contains infringing information, materials or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Site.

6. Digital Millennium Copyright Act
Notwithstanding anything to the contrary contained in Section 5, if you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Gottex’s Copyright Agent designated below with the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Gottex’s designated Copyright Agent to receive DMCA notices is: Tarter Krinsky & Drogin LLP
If notified of an allegation that the Site contains infringing information, materials or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Site, consistent with applicable law.

For any information or notification send notice:

By mail to:
Attn: Jessica Rivera, DMCA Agent
c/o Tarter Krinsky & Drogin LLP, 1350 Broadway, 11th Floor, New York, NY 10018; or

By e-email to:
jrivera@tarterkrinsky.com ; or

By phone to:
(212) 216-1103

7. Links to Third-Party Websites
The Site may contain hyperlinks to other websites operated by unaffiliated third parties and which are in no way connected to the Site and contain information created, published, maintained or otherwise posted by such unaffiliated third parties. Gottex does not operate, control, monitor, endorse, or guarantee the accuracy or quality of the content, services or goods provided on third party websites. Gottex shall not be held liable, directly or indirectly, for the content of such websites or the policies adopted by them, including without limitation their privacy policies, and/or for any damages or injury resulting or arising from the content or access to such other websites. Please carefully read the terms and conditions of use, terms and conditions of sale and privacy policies of any third-party websites you access from the Site, as these General Terms and Conditions of Use and the Privacy Policy do not apply to websites operated by third parties. The Site provides links to other websites exclusively for its users’ convenience, and Gottex does not recommend that its users access such third-party websites, and any such use of any third party website is at the user’s sole risk.

8. Disclaimer of Liability
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY GOTTEX ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER GOTTEX NOR ANY OF ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT ANY RISK OF INJURY RELATED TO THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, GOTTEX DOES NOT REPRESENT OR WARRANT THAT THE SITE IS SECURE, THE SITE OR THE SERVER(S) SUPPORTING THE SITE WILL BE VIRUS-FREE, THE INFORMATION ON THE SITE IS ERROR-FREE, ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GOTTEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SITE OR ITS FUNCTIONING OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. GOTTEX OR ANY THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, ITS SERVERS, OR E-MAIL SENT FROM GOTTEX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GOTTEX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, OPPORTUNITY OR DATA, UNLESS OTHERWISE SPECIFIED IN WRITING. THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION (INCLUDING EXTRA-CONTRACTUAL LIABILITY). IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

GOTTEX’S PERFORMANCE UNDER THESE GENERAL TERMS AND CONDITIONS OF USE IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED HEREIN IS IN DEROGATION OF GOTTEX’S RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE SITE OR INFORMATION PROVIDED TO OR GATHERED BY THE SITE OPERATORS WITH RESPECT TO SUCH USE.

NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT GOTTEX IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH (I) THE WEBSITE POLICIES OR ANY OF THE FEATURES OR FUNCTIONALITIES OF THE SITE OR ITS CONTENT, OR YOUR USE OR INABILITY OF USE THEREOF, GOTTEX’S LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR USE THEREOF OR ACCESS THERETO; OR (II) ANY PRODUCT SOLD THROUGH THE SITE, GOTTEX’S LIABILITY SHALL BE STRICTLY LIMITED TO THE SALE PRICE OF THAT PRODUCT.

CERTAIN STATES LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

9. Amendments and Updates
Gottex may amend, remove or update all or any part of the Website Policies at any time in its sole discretion. Any amendments or updates to the Website Policies shall be effective upon publication in their respective sections of the Site. Please access the respective sections of the Site regularly in order to check whether the Website Policies have been updated. Your continued use of the Site after the implementation of any changes will constitute your acceptance of such changes; provided, however, that Gottex will not be obligated to inform you of any changes as they occur.

10. Contact us
All requests for information, complaints or inquiries regarding the Site should be directed to:

Email: service-gottex@gottexmodels.com; or

Phone: (844) 643-9050

California residents may also send complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

11. Website Policies
For any other legal information concerning your access to and use of the Site or the way the Site may use and collect your personal information, please read Gottex’s Privacy Policy (together with these General Terms and Conditions of Use, the General Terms and Conditions of Sale and the Return Policy, collectively, the “Website Policies”), which are incorporated into these General Terms and Conditions of Use by this reference.

12. Miscellaneous
Any dispute arising out of or relating to these General Terms and Conditions of Use or your use of the Site shall be resolved by binding arbitration pursuant to the Federal Arbitration Act, which shall govern the interpretation and enforcement of this arbitration agreement. The arbitration is to be held before a single arbitrator pursuant to the then-current Consumer Arbitration rules of the American Arbitration Association (the “AAA”) and conducted in the County and City of New York, State of New York. The arbitrator shall be jointly selected by the parties. If the parties are unable to agree upon the arbitrator, either party may request the AAA to select the arbitrator. Before beginning the proceedings, the appointed arbitrator must provide an oath or undertaking of impartiality. All arbitration proceedings shall be conducted on a confidential basis. Any award, order or judgment pursuant to such arbitration shall be deemed final and binding upon the parties and may be enforced in any court of competent jurisdiction. Prior to any arbitration hereunder, the parties mutually agree to mediate any disputes in accordance with the then-current AAA’s Mediation Procedures. The costs for such non-binding mediation shall be shared equally between the parties. Each party shall bear the cost of their own attorneys. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Further, the parties agree that the arbitration of any dispute shall be conducted on an individual basis, not a class-wide basis, and that no arbitration proceedings may be consolidated with any other arbitration or other legal proceeding involving Gottex or any other person. You further agree not to be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Gottex for any dispute. The parties agree that the arbitrator of any dispute between the parties shall not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding.

YOU UNDERSTAND THAT BY AGREEING TO SUCH BINDING ARBITRATION YOU ARE HEREBY WAIVING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE GENERAL TERMS AND CONDITIONS OF USE OR THE USE OF THE SITE CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) IT HAS DECIDED TO ENTER INTO THIS AGREEMENT IN CONSIDERATION OF, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

You may opt out of this arbitration agreement by sending us written notice, within 30 days of the time you consent to these Terms and Conditions of Use, to the following email address: service-gottex@gottexmodels.com

These General Terms and Conditions of Use and their interpretation shall be governed by the laws of the State of New York without regard to its conflicts of law rules. Except as provided above as to those disputes submitted to arbitration pursuant to the Federal Arbitration Act, any other dispute must be brought in [state or federal court in New York, New York], and you expressly submit to the jurisdiction of such courts and waive any claims that such courts are an inconvenient forum.

If any condition of any part of these General Terms and Conditions of Use shall be deemed invalid, void or unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any other provision hereof or any term of the remaining General Terms and Conditions of Use. The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction hereof.

These General Terms and Conditions of Use constitute the entire agreement between you and Gottex with respect to your use of the Site and the Content, and supersede any and all prior understandings or agreements between you and Gottex, whether written or oral. You acknowledge that, in providing you with access to and use of the Site and the Content, Gottex has relied on your acceptance of these General Terms and Conditions of Use.

Last updated: March 18,2025