Conditions of Use
Conditions of use of the trademark on the web
a) MOLESKINE is the owner of the trademark MOLESKINE (hereinafter "the Trademark");
b) APPLICANT is using or would like to use the Trademark in relation to a blog/website with reference to Moleskine's name as indicated in the registration form.
It is hereby agreed that,
1. APPLICANT acknowledges MOLESKINE's exclusive rights on the Trademark and no provision contained herein shall grant APPLICANT any right, title or interest therein;
2. The blog/website will host a blog/website regarding MOLESKINE's products, activities and initiatives or related issues as per the specification given in the registration form;
3. APPLICANT shall not use the TRADEMARK as a business name or corporate name or in combination with any other trade name, trademark, or service mark without MOLESKINE's approval and, in any case, in ways that may be prejudicial to MOLESKINE.
4. APPLICANT agrees that he/she will not contest MOLESKINE's ownership of the Trademark nor take any action in derogation of MOLESKINE's right on the Trademark, and that all goodwill generated by APPLICANT's activity under the Trademark shall insure solely to the benefit of MOLESKINE.
5. APPLICANT agrees to comply with the guidelines of use of the Trademark found at guidelines (hereinafter "the Guidelines") and to use the Trademark as indicated in the Guidelines.
6. The violation of the Guidelines will be sanctioned with the revocation of the right to use the Trademark.
7. APPLICANT agrees that no connection between any content of the website/blog and Moleskine S.r.l. exists and agrees to publish at the bottom of the website's page the following disclaimer: "Moleskine S.r.l. has no relation with any content published on this website".
8. The right to use the Trademark shall also terminate upon the cessation of APPLICANT's activity in relation to MOLESKINE's articles, activities and initiatives approved by MOLESKINE as per the specification given in the registration form.
9. The termination of the right to use the Trademark will be notified through registered mail to the address indicated at the moment of the registration.
10. Should the Trademark be used in the blog /website's domain name, after to the notification set forth in paragraph 9, APPLICANT shall, within 10 (ten) days, and depending on MOLESKINE's will, either transfer the domain name to MOLESKINE or to a third party indicated by the latter, or abandon the domain name.
11. The right to use the Trademark is non-transferable. Furthermore, it is understood that an essential element to obtain the right to use the Trademark is the current ownership of the website/blog. Therefore, should such website/blog be transferred to a third party, MOLESKINE shall have the right to terminate this agreement with immediate effect, by simply giving written notice.
12. This Agreement is governed by Italian Law and the Court of Milan shall have sole and exclusive jurisdiction over any dispute arising from its interpretation, enforcement or termination.