PRIVACY INFORMATION
1. SUBJECT
Under the terms and for the purposes of decree Leg. D. no. 196/2003 - Data Protection Act, this Privacy Information describes the methods and aims of management of the data provided by users of the corporate website www.moleskine.com (hereinafter referred to as the "website").
This Information is published under the terms of art. 13 of the Data Protection Act, and in consideration of Recommendation no. 2/2001 (relating to the minimum requirements for on-line data collection in the European Union, adopted on 17th May by the EC-Group for personal protection relating to personal data processing) and applies to all those who access the website.
Everything set out in this Privacy Information, unless otherwise stated, refers solely to the website. The Site Managers and the content Authors are not liable for the contents of third-party websites directly or indirectly connected through links from the website.
2. DATA CONTROLLER AND DATA PROCESSING MANAGER
The data controller is Moleskine S.r.l., with registered office at Viale Stelvio, 66, 20159 Milan (Italy).
The data processing manager is IT Net S.p.A., with registered office at Via Cesare Giulio Viola, no. 48, 00148 Rome (Italy). The updated list of processing managers appointed by the company is available on the Moleskine s.r.l. website.
Data processing will be carried out by employees or staff of the company or the processing manager company, working in the sphere of their companies, as processing officers.
3. DATA PROCESSED AND PURPOSE OF THE PROCESSING
Simply visiting the website does not, in itself, lead to the collection or processing of users' personal data. In any event, please refer to sections 6 and 7 of this privacy information for details regarding the importance, for the purposes of privacy, of the browsing data and cookies.
The data that are collected and then processed are normally limited to the user's forename and surname, his/her address, e-mail address, date of birth and country of residence.
If the provision of data leads to the establishment of a professional or commercial collaboration, further identification details of the person and/or the company and the activity performed by the latter may be requested. In no case is data defined as sensitive by current regulations to be collected.
In order to be registered as an Artist and gain access to the Moleskine Artist Marketplace, the User shall be asked to provide additional optional information - such as their Facebook and/or Twitter account - as well as a brief biographical description. Although providing this description is obligatory, it will not undergo any processing operations other than publication and diffusion on the Site.
Only in the cases where providing data leads to the establishment of a professional or commercial collaboration may further identification details of the person and/or the company and the activity performed by the latter be requested. In no case is the collection of data defined as sensitive by current regulations planned.
Unless otherwise stated, providing the data requested from time to time is mandatory for the purpose of upgrading the procedures of access to the reserved areas of the website or to other specific functions.
The required or optional nature of the provision of data that Moleskine reserves the right to request in future also from users who have already registered, will be specified from time to time, together with the purposes justifying the request for such further information to be provided.
The aims of data processing are varied, depending on the section of the website containing the request for data to be provided. In particular:
Contact us: The user's personal data, provided at the time of registration, will be processed solely for purposes connected with the request for information submitted and, after express consent from the user himself/herself, for purposes related to sending descriptive, promotional and informative material of the Moleskine world and products.
Newsletter: the user's personal data will be processed for the purpose of sending the Moleskine Newsletter and, after express consent from the user, for purposes related to sending descriptive, promotional and informative material of the Moleskine world and products.
MSK: use of the customization tools made available to users does not presuppose the acquisition, as such, of any personal data concerning them. The information that the user himself/herself prepares through the aforesaid tools, however, generates an image file - made available to the user as a print output - which is retained solely for technical requirements for a period of no more than 10 days, after which time it will be deleted. During this period the data, information and contents in general, provided by the user will not be subjected to processing.
Journalists: the user's personal data will be processed in order to qualify the User as a journalist and, as such, allow him/her access to a reserved area in which he/she will find information in the form of text and photographs intended to be used for Moleskine communications. In this case too, after express consent from the user, the data may be processed for purposes related to sending descriptive, promotional and informative material of the Moleskine world and products.
myMoleskine: the personal data will be processed to identify users, allow them to become members of the Community, involve them in market research studies, online polls, interviews and other commercial-type initiatives relating to Moleskine products and, after express consent, transmitting descriptive, promotional and informative material of the Moleskine world and products.
If the images uploaded by the user depict the latter or third-parties, for the purposes of this Privacy Information the definition of personal data extends also to such images. In relation to images of third parties, the user anyway guarantees Moleskine that their consent has been obtained to publish and distribute said images on the website and for their use by Moleskine s.r.l. as stipulated in the related Conditions of Use.
Registered trademarks: in this case, personal data are processed in order to start the procedure for the issue (and any subsequent cancellation) of authorization to the user for use of the registered trademark "Moleskine®" on the web.
Work with Us: the data provided are processed in order to assess the possibility of entering into a working relationship between the user and Moleskine s.r.l. and for the purposes of recruiting personnel. Also, if there is no follow-up to the contact established by sending a CV or other data, said information will be retained by Moleskine s.r.l. for a period of one year from their acquisition, after which they will be deleted.
Retailers: users' personal data will be processed in order to qualify them as professional Retailers and, as such, allow them to access reserved areas of the website, in which they will find text and photographs to use for information or communication activities related to Moleskine. After express consent from the user, the data may be processed for purposes relating to sending descriptive, promotional and informative material of the Moleskine world and products.
The data requested on the Retailer Contact Form are acquired and processed for the sole purposes or carrying out an initial examination of the user's characteristics in order to assess him/her as a candidate for the role of Moleskine Retailer. The data requested are largely optional; however, if they are not provided, it may be impossible to arrive at a positive appraisal of the candidate.
If there is no follow-up to the contact established by providing these data, they will be kept by Moleskine s.r.l. for a period of two years from the date when they were acquired, after which they will be deleted
Distributors: users' personal data will be processed in order to qualify them as Moleskine Distributors and, as such, allow them to access the reserved areas of the website, in which they will find text and photographs to use for information or communication activities related to Moleskine. After express consent from the user, the data may be processed for purposes relating to sending descriptive, promotional and informative material of the Moleskine world and products.
The data and the information requested on the Distributor Contact Form are acquired and processed for the sole purpose of carrying out an initial examination of the user's characteristics in order to assess him/her as a candidate for the role of Moleskine Distributor. The data requested are largely optional; however, if they are not provided, it may be impossible to arrive at a positive appraisal of the candidate.
Also, if there is no follow-up to the contact established by providing these data, they will be kept by Moleskine s.r.l. for a period of two years from the date when they were acquired, after which they will be deleted
Contact our distributors: in this case, the purpose of processing is solely that of putting the user in contact with a certain Moleskine distributor in the world and, after express consent from the user, of allowing descriptive, promotional and informative material of the Moleskine world and products to be sent; the provision of these data by the user is also a direct advantage for the distributor, to whom the data processing consent given by the user is extended
Upload Images and Videos: the user's personal data will be processed for the purposes of identifying the user who proceeds to upload photographic or video contents to the website and, with the express consent of the user, for purposes related to sending descriptive, promotional and informative materials of the Moleskine world and products.
If these images depict the user or third parties, for the purposes of this Privacy Information, the definition of personal data is extended also to said images. In relation to the images of third parties, the user anyway guarantees to Moleskine that their consent has been obtained for the publication and distribution of such images through the website and their use by Moleskine s.r.l. as stipulated in the related Terms of Use.
Moleskine Artist Marketplace: this section may be used to collect the personal data of Artists wishing to market their own works based on Moleskine products and the data of users interested in buying such works.
As regards the information relating to prospective buyers, which is normally limited to their personal data and address, this is intended solely to identify the user if this becomes necessary and if permitted in accordance with the terms of the prevailing laws.
As for the data and information provided by Artists upon registration, consisting of personal data or information about their works, this shall be processed in order to permit the identification of the Artist in the cases provided for under the prevailing laws and for purposes associated with the presentation and sale of their own works through the Moleskine Artist Marketplace.
4. CONSENT
At the time of registering with any section of the website, the user is prompted to read the Privacy Information made available under the terms of the Data Protection Act and to confirm his/her consent for processing of the data provided on that occasion, for the purposes described time by time. This consent is mandatory in order to complete the user's registration with the website and the use of the services requested and, in contrast, is always optional with reference to sending promotional and/or information material relating to Moleskine activities and products.
5. SCOPE OF DATA CIRCULATION
The personal data provided by the users will be processed by Moleskine s.r.l. or by the parties it appoints directly to conduct market research studies, polls, interviews or other promotional and customer satisfaction initiatives, under its own responsibility, in Italy, Europe or countries outside Europe, except for data entered at the time of a contact request with a foreign distributor, which are automatically transferred to the distributor in question in its country.
Some data and information provided by the Artists in the Moleskine Artist Marketplace - such as their photograph, their biographical information, their Facebook and/or Twitter accounts, their email address and all information describing the works offered for sale - shall be disclosed to users of the Marketplace, together with the Artist's own user name, through publication, and therefore dissemination, on the Site.
6. BROWSING DATA
The computer systems and software procedures used for operation of the websites acquire, during normal operation, some data whose transmission is implicit in the use of Internet communication protocols.
This is information that is not collected to be associated with identified data subjects, but that could, by its very nature, through processing and associations with data held by third parties, permit users to be identified.
This category of data includes IP addresses or domain names of the computers used by the users who connect to the website, Uniform Resource Identifier (URI) address of the resources requested, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (success, error, etc.) and other parameters relating to the user's operating system and computer environment.
These data are not circulated, but are used for the sole purposes of obtaining anonymous statistical information on the use of the websites and to control their correct operation, and are kept for the times defined by legal regulations on the subject. The data could, however, be used for checking liability in the event of cases of computer crimes involving website damage.
7. COOKIES
No personal data of the users are acquired for this purpose from the website.
The use of session cookies (which are not permanently stored on the user's computer and are cleared when the browser is closed) is strictly limited to transmission of session usernames (made up of random numbers generated by the server) necessary to allow secure and efficient searching on the website.
Session cookies used in the sites avoid recourse to use of other potentially harmful computer techniques for user browsing privacy and are aimed solely at helping users browse the website, permitting, in particular, frequent users' data to be stored for site access. Most commonly used browsers however feature an option to disable cookies.
8. PROCESSING METHOD
Data processing will be performed using appropriate tools and procedures to guarantee security and privacy in accordance with the law, and may be carried out both through hard copy supports or with the aid of digital media.
Specific security measures are observed to prevent the loss of data, illegal and incorrect usage and unauthorised access.
9. RIGHTS OF THE DATA SUBJECT
Users are entitled to obtain confirmation of the existence or otherwise of their data at any time and to be informed of their content and source, the processing purposes and methods, and - in the event of processing with electronic tools - the applied processing logic, checking the accuracy of their data or requesting corrections and updates (art. 7 of Leg. D. no. 196/2003)
Section 7: (Right to Access Personal Data and Other Rights)
1. A data subject shall have the right to obtain confirmation as to whether or not personal data concerning him exist, regardless of their being already recorded, and communication of such data in intelligible form.
2. A data subject shall have the right to be informed:
a) of the source of the personal data;
b) of the purposes and methods of the processing;
c) of the logic applied to the processing, if the latter is carried out with the help of electronic means;
d) of the identification data concerning data controller, data processors and the representative designated as per Section 5 (2);
e) of the entities or categories of entity to whom or which the personal data may be communicated and who or which may get to know said in their capacity as designated representative(s) in the State's territory, data processor(s) or person(s) in charge of the processing.
3. A data subject shall have the right to obtain
a) updating, rectification or, where interested therein, integration of the data;
b) erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed;
c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared whit the right that is to be protected.
4. A data subject shall have the right to object, in whole or in part,
a) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection;
b) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.
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Under the terms of the same article, users are entitled to request deletion, conversion to anonymous form or blocking of data processed in infringement of the law, as well as to oppose, for legitimate reasons, the processing of their data.
Processing of users' personal data will take place in compliance with Italian law and will be governed by the provisions of Italian law (Leg. D. no. 196/2003).
Users' rights can be exercised by sending a written request to Moleskine S.r.l., Viale Stelvio 66 , 20159 Milan (Italy), or an e-mail to:
privacy@moleskine.com.
10. LANGUAGE
Any translation of this document into a language other than Italian is provided for information purposes only. In the event of discrepancies, the only legally valid and binding version regulating use of the website is the Italian version of this document.
Milan, 7th March 2011
The website
www.moleskine.com gives access to a range of functions and services, including e-commerce services, and includes a series of text, image and video contents of which it is the owner, belonging to third parties or provided by the users of the site itself, which have the protection granted them by statutory copyright regulations.
The following provides users and guests of the website with a concise and clear indication of the limits within which Moleskine allows circulation and use of these contents, as well as, in general, the use of the services provided through the site, regardless of who owns the respective rights.
"MOLESKINE WORLD" AREA
I. The history of the Moleskine notebook
The texts used in this section describing the history of the "legendary notebook" have been prepared by Moleskine s.r.l., which is the owner of the related rights of authorship and economic use. They can be freely reproduced for purposes connected to the description of the Moleskine tradition and products also by third parties, with the sole obligation of quoting
www.moleskine.com as the original source. Any use for commercial purposes or that leads to economic gain from said use, is prohibited.
II. Visuals
With regard to use of the texts, the same rules as those described above are valid, whereas the images and videos published may be subject to special restrictions by the owners of the related rights. In these cases, their publication will be accompanied by mention of the source, to which the user should refer to determine the sphere of use they in turn are granted.
Users who intend to signal a visual sighting and to this end provide images or videos of any type, are responsible for guaranteeing their free use by Moleskine s.r.l., at least for distribution, promotion and non-commercial purposes.
III. Special Projects
The same rules apply as those given in point I: texts and images can be used but not for commercial purposes and, in any event, always quoting
www.moleskine.com as the original source.
"MOLESKINE CITY" AREA
The texts and images published, where not otherwise specified, are the property of Moleskine s.r.l. which releases them for free use by users of the website, except in the case of use for economic gain, and with the obligation to quote
www.moleskine.com as the original source.
Owners of a part of the contents of this area of the website are third parties who make them available, subjecting them to limits covered by the various rules of the Creative Commons;
www.moleskine.com operates a mere referral to the sites of these third parties, whose regulations the user is invited and obliged to observe.
"MYMOLESKINE" AREA
This is the Community specialising in the use of Moleskine products, through which fans of our notebooks can exchange opinions, information, advice and propose and share the contents and personalizations they have created.
Access to and participation in the area and its functions are governed by the following rules.
1. Registered and non-registered Users
• Non-registered Users are permitted to display and if necessary download only the contents present in the freely accessible area or the contents to which the individual registered Users have granted public access.
• Registered Users have a personal area that can be used for uploading text, graphics, links and other content, within the limits set by these conditions of use.
• Registration is reserved only for adults and is free and done by following the instructions given online. Registration is complete only after the form has been completed on-line and a confirmation e-mail has been received from Moleskine.
• All the information provided at the time of registration must be true.
• The User's data must be updated in the event of changes. Data are collected, recorded and processed within the limits and under the conditions set out in the applicable Moleskine
Privacy Regulations.
• Users undertake to ensure that their website access data is kept personal and used only by themselves.
• Registration on the website may be cancelled at any time either by the User or by Moleskine
• It is prohibited to register on the website for professional or commercial reasons.
• It is prohibited for one person to register more than once with different profiles.
2. User contents and obligations
• The contents published on the website are provided directly by registered Users, except for contents in common areas, which are provided by Moleskine and managed by the latter with the utmost care, although Moleskine cannot assume any liability for their accuracy, completeness or validity. The following User activities are prohibited:
- use of the platform for product sale and presentation activities, as well as express or covert advertising purposes. Users must not post links to other websites for such purposes and services;
- posting of defamatory contents, incitement to violence, pornography or contents that are in violation of statutory national and/or international law;
- automatic processing of data present on the website, implementing systems, services and self-created search indexes using the contents available on the website;
- uploading of software, programs, files, and other mechanisms and technologies capable of spying, attacking or in any other way compromising the community, the website www.moleskine.com or its Users, their computers, the Moleskine servers or the software used on Users' computers or Moleskine's computers.
3. Service availability
• It is impossible to guarantee unlimited service availability, since use of the service requires access to telecommunications networks and to connections over which Moleskine has no control. While Moleskine will apply due diligence to minimise operational interruptions of the service (for example as a result of maintenance work or hardware and software assistance) it declines all liability in relation the possible consequences of service interruptions
4. Contents of User areas and guarantee of third party rights
• Registered Users ("
The Author") can upload their own contents (material in the form of texts and images, and photos, hereinafter referred to as "Contents") only if such contents are their own work or if they hold the relative copyright and entitlement to share and edit said contents. The Author guarantees that photographic images and/or videos depicting the notebook uploaded to the website are his/her original creative work and that the upload does not constitute plagiarism, even in part, of third party works. In particular, the Author guarantees that Uploads do not plagiarise or infringe third party rights over photographs or videos or relative to objects depicted in photographs or videos. He/she also guarantees that the uploaded contents do not infringe third party rights (in particular the rights relating to copyright and trademarks) and that any persons represented and identifiable in the photographs uploaded agree without reservation to their publication. Otherwise all such likenesses must be made anonymous.
• Likewise, the Author declares and guarantees that the upload and everything reproduced therein does not infringe intellectual property rights or in any case exclusive third party rights, including picture rights and personality rights, for which he/she has in any case received complete and unlimited authorisation from the possible owners. The Author therefore undertakes to keep Moleskine S.r.l. exempt from any harmful consequence or claim by third parties that may arise as a result of the above declaration by the Author being untrue.
• For the purposes of the upload to the website, the Author, as copyright owner of the upload, grants to Moleskine S.r.l., absolutely free of charge, without territorial or time limits, exercise of all rights of economic use resulting from copyright of the upload, among which, by way of example, the rights to publication of the upload in any way and in any form - in particular, as part of the website www.moleskine.com within editorial publications, magazines and other communication media - as well as the right to make the contents and the upload publicly accessible also from mobile devices such as mobile phones, iPods, iPhones, etc., the right to reproduction, performance and distribution, broadcasting, through any medium and on any support of the upload, performance in public, making available to the public in any form and manner, displaying and exhibiting the upload, use of the upload in the context of advertising promotions, the right to make spin-off works and the right to translation. Transfer is regulated by Italian copyright law (Act no. 633/1941).
• The upload of images is not moderated by Moleskine s.r.l., which does, however, reserve the right to proceed at any time to remove images or videos uploaded on the website, independently or on request of third parties, as well as the Legal Authorities, in the event of objections relating to the legality or legitimacy of their publication.
• Contents entered by Authors reflect solely their personal point of view and not the viewpoint of Moleskine. Moleskine reserves the right to remove from the website any Contents, with particular reference to Contents that are posted in violation of the above-mentioned rules or that have given rise to a dispute with regard also only to the presumed infringement of third party rights, without previously consulting the Author in question.
• In principle, Authors are not entitled to request removal from the website of the Contents entered by them, and termination of registration does not affect Moleskine's right to use the Contents entered by the Author. If necessary, Contents will be removed in accordance with current legal provisions or at the request of the appropriate Authorities.
5. MOLESKINE'S COPYRIGHT
• The Contents published by Moleskine in the common areas are protected by copyright and may be used by the Users only within the limits granted time by time and in any case never for commercial purposes.
• The photographic images may not be copied, sold, loaned or reproduced in any other way, without express permission from Moleskine
• Any unauthorized use, reproduction or forwarding of individual Contents or entire pages beyond the above-mentioned limits, is not permitted and therefore liable to prosecution under the terms of current legislation.
6. Limitation of liability
• Moleskine cannot be held liable in relation to Contents posted by Users that are untruthful or in violation of statutory law or third party rights, and undertakes only to remove immediately any material whose illegal publication is reported and to co-operate fully with the appropriate authorities to prevent or stop crimes or other kinds of abuse committed via the website.
• If the presence of illegal Content is detected or is in violation of third party rights, Users may report it to Moleskine using the appropriate function at the foot of each Content. Because of the automatic publication of the such Contents, Moleskine emphasises that it declines all liability, rejecting liability also in the event of late removal of such Content or failure to remove it, and also rejects any inference of its implicit endorsement of such illegal Content or Content in violation of third party rights.
7. Editing of Users' data, registration term, and cancellation
• Users are entitled to edit or make additions to their data, provided at the time of their registration, at any time.
• Registration is open term and may be suspended or cancelled at any time either by Moleskine or by the User. In the latter case, the User can request deactivation of their profile through the contact-us area of the website
www.moleskine.com, with consequent application of the provisions described in art. 4, paragraph four, relating to the Contents entered by the User, with special reference to images and text.
I. Register
The section allows the User to register in the myMoleskine Area in order to use the services available with membership of the Moleskine community. During the procedure, you will be asked to confirm that you have viewed and accepted the above terms of use and the information provided under the terms of the Data Protection Act, and to provide your consent for processing the personal data provided, for the purposes described.
II. MSK
Moleskine makes provides Users with useful tools for customizing their notebooks, that can be used freely and without limits. Although images reproducing Contents entered by the User are stored temporarily for technical requirements, Moleskine guarantees that the data the Users provide and process using these tools will not be further processed, even on a temporary basis, and that image files will be deleted no later than 10 days after their creation.
III. My Moleskine Artwork
The area is subject to the rules set out in points 4 and 5 above.
"CATALOGUE" AREA
The texts and images used in this Area and in its sections are the property of Moleskine s.r.l. They can be reproduced freely for private purposes for the disclosure and description of Moleskine products also by third parties, with the sole obligation of quoting
www.moleskine.com as the original source. Any use for commercial purposes or from which financial use thereof derives is prohibited.
"CUSTOM EDITIONS" AREA
The texts and images used in this Area and in its sections are the property of Moleskine s.r.l. They can be reproduced freely for private purposes for the disclosure and description of Moleskine products also by third parties, with the sole obligation of quoting
www.moleskine.com as the original source. Any use for commercial purposes or from which financial use thereof derives is prohibited.
"EVENTS" AREA
I. Events
The general contents describing events in this section have been prepared by Moleskine s.r.l. which is the owner of the related copyright and rights of economic use. They can be reproduced freely for purposes connected to the description of Moleskine events also by third parties, with the sole obligation of quoting www.moleskine.com as the original source. Any use for commercial purposes or from which financial use thereof derives is prohibited.
II. Register
Detour Artists and My Detour Artists: the images reproduce works that are private property; the work may be it distributed, reproduced or represented only in the form published in this section, in hard copy or in digital format, solely for the purposes of describing the Detour project, stating the name of the author and
www.moleskine.com as the original source of the image; it is strictly prohibited to use the work for commercial purposes and no amendment or change there to may be made.
"ABOUT US" AREA
The texts and images used in this Area and in its sections are the property of Moleskine s.r.l. They can be reproduced freely for private purposes for the disclosure and description of Moleskine products also by third parties, with the sole obligation of quoting www.moleskine.com as the original source. Any use for commercial purposes or from which financial use thereof derives is prohibited.
"MOLESKINE ARTIST MARKETPLACE" AREA
This section provides a meeting place for "Artists", creators of personalised versions of Moleskine products, and "Customers", those interested in acquiring them, through direct contact and agreements with the Artists.
The Moleskine Artist Marketplace is only intended for use by non-professionals. By accepting these terms of use, the Artist therefore declares and guarantees that his/heractivities, in terms of duration, volume and organisation, do not, even unofficially, constitute entrepreneurial or professional activities. The Artist accepts full responsibility for all consequences, including any that may be incurred by Moleskine, for any different description of its activities that may be attributed by the Revenue Service.
In this context, the following rules shall apply, which may be amended and supplemented by Moleskine at any time.
The Role of Moleskine
Moleskine undertakes merely to provide Artists and Customers with a meeting place in which they can negotiate and complete sales of notebooks and other Moleskine products, personalised by the former through original proprietary means, at a pre-determined price and against payment of a fee to be paid solely by the Artist.
Moleskine shall therefore remain independent from the sale in itself and shall not exercise any control over the quality, originality, legality and safety of the products sold by the Artists, nor in respect of the identity of the Artist or the Customer, their reliability, honesty and good faith. All transactions shall therefore take place without any involvement on the part of Mokeskine and without Moleskine's being subject to any legal requirement to provide a guarantee - not even for the product, since it has been modified - or liability in this regard to Artists, Customers and third parties in general.
Requirements of Users
The use of the functions of the Moleskine Artist Marketplace Area is restricted to persons over the age of 18 who use original Moleskine products in their works and have registered officially with the site. Additional requirements may be established in the future. Users who are already registered will be informed of the introduction of any such requirements in order to ensure they meet them. Registration may be cancelled if they are not met.
Although Moleskine does not conduct any prior checks as to the age of users and whether the articles offered for sale can be traced back to original Moleskine products, Moleskine reserves the right to refuse or cancel the registration of users if it comes to its attention that they do not meet the above requirements or any which may be established in the future.
User Credentials
Upon registration, Artists and Customers are assigned a non-transferrable User ID and Password, which will categorically ensure that all legal records have been completed. Artists and Customers bear sole responsibility for the correct storage and conservation of the information in question, and undertake henceforth to honour all obligations undertaken through their use. In the event of the theft or loss of the details required to access the Area of the site, the User shall amend such credentials of his/her own accord, thereby preventing their use by unauthorised third parties.
A User's credentials may be cancelled or suspended at any time by Moleskine at its sole discretion, and in particular whenever Moleskine has reason to believe that the User in question is failing to comply with these Terms of Use in whole or in part. This shall prevent the User from accessing the Area and the services provided through the site.
Users are forbidden from acquiring multiple access credentials.
Personalised products: legality and protection of copyright
By offering personalised Moleskine notebooks for sale, the Artist accepts full liability in respect of the legality of the contents and the legitimacy of their creation, publishing and sale. In particular, it is forbidden to present and sell notebooks personalised using images, drawings, logos or text that breach prevailing laws or that are contrary to morality or offend public decency.
Furthermore, the Artist declares and guarantees that his/her notebooks, and any photographs and/or videos depicting them, as uploaded to the Site, are the result of his/her own original creative work and therefore that they do not constitute plagiarism of the works of others, including partial plagiarism. In particular, the Author guarantees that neither the product itself nor any photographs or videos in which it is depicted constitutes plagiarism or breach of copyright, trademarks, ornamental designs or patents of third parties. .
Similarly, the Artist declares and guarantees that the procedures for the personalisation of the notebooks offered for sale in the Moleskine Artist Marketplace do not infringe any intellectual property rights or any exclusive third party rights, including image rights and personality rights, for which in any case he has received full and unlimited authorisation from any holders.
The Artist therefore undertakes to indemnify and hold Moleskine harmless from any prejudicial consequence or third party claim that may arise as a result of any inaccuracies in declarations s/he may have made concerning the above.
Moleskine shall not conduct any moderation or prior verification with regard to the quality of the products offered for sale through the Moleskine Artist Marketplace and the contents thereof. However, it reserves the right at any time to remove images or videos uploaded to the site, of its own accord or at the request of third parties, or from Judicial Authorities, in the event of disputes relating to the legality or legitimacy of their publication.
As a consequence of the Upload to the Site of the image or video depicting the products offered for sale (the "Upload"), the Artist, as holder of the rights of publication, diffusion, economic exploitation and possibly copyright over the products created, shall grant Moleskine, absolutely free of charge, without territorial or time limits, the exercise of all rights relating to the publication of the Upload in any way or form, for the reproduction, execution and diffusion or broadcasting of the Upload, through any means and on any support, the representation in public, provision to the public in any way and form, exhibition and exposure of the Upload and the use of the Upload in the context of advertising promotions. The assignment is governed by Italian Copyright Law (Law no. 633/1941).
Presentation of the Artist and the Works
In presenting him/herself and the works s/he offers for sale, the Artist undertakes to provide truthful information, not to abuse the good faith of others through ploys or deception that could mislead the Customer or result in his/her making undesired purchases, and to provide clear and unambiguous descriptions of the conditions of sale, dispatch, price and payment and anything else necessary to inform the Customer's purchase decisions.
The Artist also undertakes not to use offensive or defamatory expressions, incitements to racial or religious hatred, and, in any case, terms that could offend public decency or morals.
Furthermore, Moleskine shall exercise no prior control over the contents of the Artist's declarations, and therefore rejects any liability in this regard. However, should any contents be found to breach laws or the above rules, Moleskine reserves the right to remove them immediately.
Means of Payment for transactions between Artists and Customers
The payment method that may currently be used is the PayPal service.
PayPal, a company from the eBay group, is a fast payment system. Once the respective option has been chosen, the Customer is redirected to the PayPal site, where s/he may access his/her own account by entering his/her email address and password. By choosing to pay with PayPal, the amount is debited directly from the Customer's credit card or prepaid card. PayPal protects the buyer's information as no financial information is transmitted. A confirmation email is sent out by PayPal for each transaction conducted in this way.
Fees for use of the Service
Artists are not charged any fee for joining the Moleskine Artist Marketplace and opening a sales area.
Moleskine applies a commission as a percentage on transactions between Artists and Customers as the fee for intermediation activities conducted through the website. This percentage is indicated in the Sales Fee Schedule prevailing at the time of the publication of the product on the Site.
Payments owed by the Artist to Moleskine shall be invoiced by the latter within ten days of the end of each month based on the data relating to transactions made during the month in question as determined from the Site or established by the bodies responsible for managing payments.
Where possible, payment of fees owed to Moleskine shall be settled directly by the companies and/or bodies managing the payment system chosen by the Customer, at the request of the Artist.
When not paid in advance through direct payment from such companies/bodies, payments owed to Moleskine shall be settled by the Artist within seven days of dispatch of the invoice by email, following the enclosed instructions.
The Artist grants Moleskine the unconditional and irrevocable right to access the data and information concerning financial transactions made through credit card, debit card and pre-paid card companies, payment services such as PayPal and other banking or financial services in order to verify the accuracy of any data provided by the Artist. The Artist henceforth authorises the aforementioned bodies and companies to provide Moleskine with all data necessary for completing any checks deemed necessary, and shall bear all associated costs in the event any irregularities should be established on his/her part .
Moleskine guarantees its own compliance with the tax laws in force in the Republic of Italy, with regard to invoicing and the collection of fees owed by the Artist in return for services provided. The Artist, in turn, shall bear sole responsibility for the laws applicable to the financial transaction between himself and the Customer, and shall indemnify Moleskine and hold it harmless from any charge that may be attributed in this regard.
Exclusion of liability
Considering the role performed by Moleskine within the scope of the financial transactions completed between Artists and Customers, Moleskine, its associated companies and its own suppliers of technological services shall be released from any liability associated with the correct fulfilment of the obligations undertaken by them or attributed to them by prevailing laws, with the sole exception of intentional wrongdoing or gross negligence attributable to Moleskine itself.
In any event, Moleskine's financial liability in respect of the Artist may not exceed the amount of the fees paid by the Artist to Moleskine over the course of the calendar year prior to the fact that gave rise to the latter's liability.
MISCELLANEOUS
Specific sections of the website, such as the areas reserved for journalists, retailers and distributors, as well as those for requests for information (Contact us) or periodic news of the Moleskine world (Newsletter) or the possibility of working with Moleskine (Work with us) require User registration to the website in order to use the services related to each one of the above.
During the course of the registration procedure for any area of the Site, confirmation will be requested of acceptance of these Terms of Use, of acknowledgement of the information provided under the terms of the Data Protection Act and of consent to the processing of personal data provided for the purposes described.
Translations of this document in languages other than Italian are provided for information purposes only. In the event of discrepancies, the only legally valid and binding version governing the use of the website is the Italian version of this document.
Any dispute that may arise between Moleskine, the Artist and/or the Customer with regard to the provision of the services described above shall be submitted to Italian law and the sole jurisdiction of the Courts of Milan.
Milan, 7th March 2011
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