TERMS OF USE

PRIVACY INFORMATION






TERMS OF USE

The website www.ecritureinfinie.org gives access to a range of functions and services and includes a series of text, image and video contents belonging to Moleskine S.p.A., Viale Stelvio n.66, VAT Code 07234480965 or 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.

Access and participation to the site 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 the opportunity to upload 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 indicating a nick–name chosen by the user and an e–mail address. Registration is complete only after the receiving of confirmation by the site, together with a link to a landing page which will allow the user him/her self to finally confirm his/her will to join the site.
• 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 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.ecritureinfinie.org 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, and links to other site and/or social media, 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 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 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.p.A., 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 websites www.ecritureinfinie.org, www.moleskine.com or other websites belonging to Moleskine and 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 tablets, mobile phones, iPods, iPhones, iPads 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 (Law no. 633/1941).
• The upload of images is not moderated by Moleskine, 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 with consequent application of the provisions described in art. 4, relating to the Contents entered by the User, with special reference to images and text.

8. Applicable Law and Jurisdiction

• Any dispute that may arise between Moleskine, the Authors and/or the Users 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, 3rd August 2011








PRIVACY

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 website www.ecritureinfinie.org (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 contents’ 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.p.A., with registered office at Viale Stelvio, 66, 20159 Milan (Italy).

The data processing manager is Studio Associato 4Sigma, with registered office at Nicolò Tadino, n. 34, Milano (Italy). The list related to these subjects, constantly updated, is available at Moleskine Spa.

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 limited to the user's e-mail address and to the nick-name chosen by the user him/her self which not necessarily reproduces his/her name.

In no case is data defined as sensitive by current regulations to be collected.

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 personal data will be processed to identify users, allow them to become members of the community 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.p.A. as stipulated in the related Terms of Use.

4. CONSENT

At the time of registering, 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. DATA CIRCULATION

The personal data provided by the users will be processed by Moleskine S.p.A. or by the parties it appoints, in Italy, Europe or countries outside Europe. Data shall not be transferred or communicated to third parties

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.

Methods of data processing – Data Retention

The data processing will be carried out automatically and / or manually, by authorized personnel, with means and methods that will guarantee maximum security and confidentiality. The data will be kept for a period not exceeding the purposes for which the data were collected and subsequently processed.

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 D.Lgs. n. 196/2003). 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.

Users' rights can be exercised by sending a written request to Moleskine S.p.A., Viale Stelvio 66 , 20159 Milan (Italy), or an e-mail to: privacy@ecritureinfinie.org

10. APPLICABLE LAW AND JURISDICTION

Any dispute that may arise between Moleskine and the Users 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, 3rd August 2011