General Terms & Conditions
PLEASE READ THE FOLLOWING
GENERAL TERMS AND CONDITIONS CAREFULLY OF USE OF THE WEB SITE WWW.INNERDESIGN.COM
1. SCOPE
1.1 The Internet web site
"www.innerdesign.com" (hereinafter the "Site") is owned and
managed by Signet Srl, with the registered office at via Principe Amedeo 12,
10100, Turin, Italy (hereinafter "Signet").
1.2 The general terms and conditions
(hereinafter, the "Conditions"), together with the privacy policy and
information document on personal data pursuant to article 13 of the Legislative
Decree 196/2003 published on the Site, applies to the use by users
(hereinafter, the "User") of services provided by Signet through the Site (hereinafter,
the "Services") and of any information, text, graphics, or other material uploaded
to, downloaded from, or published on the Site (hereinafter jointly the "Contents").
1.3 By registering with the
Site or using the Services, the User agrees to be bound to the Conditions as
well as to any changes and/or integration to the Conditions in case executed by
Signet after the registration of the User.
1.4 The obligation to comply
with these Conditions thus extends to services provided by the Site in the
future unless otherwise provided at the time of the first supply of the new
service or upon the User's registration.
1.5 If the User does not
accept these Conditions, he or she should refrain from accessing the Site and completing
the registration process required for use of the Services.
1.6 The User may register with
the Site and use the Services only if he or she is in the position to enter
into a binding agreement with Signet by the acceptance of the Conditions and is
unable and without capacity to enter into agreements pursuant to Italian law or
other laws if applicable. If the User registers with the Site in the name and
on behalf of a company or other entity, he or she shall be duly authorized to
and have the capacity to bind such person or entity. If not, the User is not entitled
to accept these Conditions which, in any case, shall bind the subject in which
name and on behalf the User has acted.
1.7 The Conditions may be amended
by Signet at any time, either by the inclusion of substitutive or supplemental
provisions relating to one or more Services, by publishing an updated version
of the Conditions on the Site. Therefore, the User should read the Conditions periodically
in order to be apprised of the latest terms and conditions of use of the Site
and Services. The access to the Site and the use of the Services after the
abovementioned changes shall be deemed as full and unconditional acceptance of
the Conditions as modified and/or amended by Signet.
1.8 In the event specific
terms and conditions are published on Site pages in relation to the offering of
certain products or services, such terms and conditions shall prevail on the
Conditions to the extent they shall be in conflict or inconsistent with the
provisions of the Conditions.
2. DESCRIPTION OF SITE AND
SERVICES
2.1 The Site is a community
that aims to provide its Users with an online destination at which to gather
and share content related to design sector. This platform allows operators and
design lovers to be in touch each other and Users to attend events, develop
relationships, exchange information, ideas, and suggestions about all aspects
of the design (furniture, design, architecture, etc..).
2.2 Services covered by these
Conditions are free of charge.
2.3. By registering his
account on the Site, the User acquires a personal and not transferable right to
use the Services provided by Signet.
2.4 These Services include the
right to create a personal profile on the Site where to upload the
Contributions as defined below, the access to the agenda of events, to the
profiles of the other Users and to the publishing contains with the possibility
to build a network of privileged contacts with other Users.
2.5 After the registration, at
any time the User may request the deactivation of its account by sending a
notice by e-mail at [●].
2.6 The Services are provided
"as is" and "as available". Signet does not guarantee the
completeness, accuracy, availability, timeliness, continuity, affordability and
reliability of Services and of the Contents of the Site. Signet also does not
guarantee that the Services will meet User's requirements or shall be available
without interruption, securely, or error-free, and is not responsible for the
loss or failure to store or transmit the Content and other communications
maintained by the Services.
2.7 Signet will not be deemed
as liable for any direct or indirect damage to User's computer or for any loss
of data or other damage resulting from accessing to the Site and/or using of
the Services and/or its Content.
3. RULES OF CONDUCT FOR USING
THE SITE
3.1 The User represents and
warrants that:
i) he or she will use the Site
in accordance with the provisions of these Conditions;
ii) the information provided
through registration with the Site is accurate, truthful and precise and will
be promptly updated if changed, either through the Site or by providing written
notice to the address [●];
iii) he or she will ensure
that their password to access to the Site and to the Services is kept
confidential and securely and is aware that the password is personal and not assignable
and that the User may be deemed liable for any abuse and/or breaches of these Conditions
or legal provisions due to third parties through the utilization of the
assigned password to access the Services and to use the Site;
iv) he or she is entitled to
use and dispose of Contributions – as defined below - published on the Site
under all the necessary licenses, rights, consents, and permissions.
3.2 By accessing or using the
Site and the Services, the User undertakes not to:
i) Use automatic devices,
software, or other systems that could damage or catalogue the Site or any
information contained therein or interfere with the functionalities and/or
Services of the Site;
ii) Use the Site Contents or
engage in activities such as framing the Site or its contents to represent as
though it was owned by himself or by other
subject other than Signet and/or Inner Design and/or creating or
compiling a database of the information stored therein, or performing any type
of activity that competes with the Site;
iii) Enable links to any content
if the Site as if it was a link connected to own Contribution – as defined
below – or to any contain owned by third parties or connect any link to the
Site and then connected the same to other sites;
iv) Upload, transmit, or send
advertising, spam, chain letters, or other forms of unsolicited communications;
v) Upload, post, or otherwise spread
Contributions – as defined below – and/or comments or illegal content that
might be vulgar, obscene, libelous, pornographic, defamatory, offensive to
common morality and public order, or otherwise prejudicing the rights of third
parties, or inciting to hate and to spread messages of discrimination of any kind,
or with religious content;
vi) Breach the rights of third
parties, including the right to privacy, copyright, trade secret and any other
intellectual property rights or other third party rights;
vii) Misrepresent the own
identity and/or perform acts aimed at extorting money, passwords or personal
information;
viii) Breach the terms of this
Conditions or other applicable statutory provisions;
ix) Publish, sell, trade, or
exploit the Site and/or the Contributions in any manner, except as expressly
authorized by Inner Design;
x) Upload viruses, worms,
computer code, files, or other items that may cause damage to the Site,
software, hardware, telecommunications equipment of third parties.
3.3 If the Conditions have
been breached, Signet is entitled to engage in any action deemed as appropriate
in order to prevent any unauthorized use or access to the Site, including,
without limitation, the adoption of technological protection measures,
reporting to the competent authorities the User's conduct or disabling the
access to the Site and the Services, without any notice.
4. USER CONTRIBUTIONS.
4.1 During the using of the
Services, the User may publish texts and audiovisual contents on the Site, such
as text (information, comments, ratings, and hypertext links), images and video
(hereinafter jointly the "Contributions").
4.2 The User acknowledges his
or her sole responsibility for the Contributions published on the Site. Signet has
no control on the Contributions does not approve them nor assume any liability
with regard to them in the event of any breach of third party rights.
4.3 At any time, Signet may
remove or amend the Contributions of the User and/or disable the access to any
User's Contributions in its discretion, without notice and without liability
towards the User. In particular, Signet reserves the right to remove, amend, or
disable the access to any Contributions of the Users if:
i) The Contribution breaches the
provisions of the law or other statutory provisions if applicable;
ii) The Contribution infringes
the intellectual property rights or other rights of third parties;
iii) Any judicial or other
competent Authority requires to do it;
iv) The Contribution is
misleading, false and/or incorrect, inappropriate for the purposes of the Site,
or may constitute a crime or is obscene, defamatory, or illegal, or has been
altered through the introduction of viruses or other elements harmful to the Site,
Users and other Contents.
4.4 The User acknowledges and
agrees that Signet is not obligated to treat the User's Contributions as
confidential. The User retains ownership of the property rights over his
contributions and grants to Signet a non-exclusive, royalty-free, perpetual,
transferable and irrevocable license to use, reproduce, modify, adapt,
translate, distribute, publish, display and play in public User's Contribution.
4.5 User Contents made
available by Users or by Signet through the Site is solely for personal use.
Users are not authorized to resell or make commercial use of any Contents
posted on the Site without the written consent of Signet. Therefore it is not permitted
to use information, texts, images, videos and any other contain published on
the Site for whatever reasons and purposes, either by publishing them in whole or
in part on other websites or by releasing or disclosing the Contains by any electronic
or paper means.
5. LINKS TO THIRD PARTY SITES
5.1 Users may publish or share
on the Site hyperlinks and references to third-party web sites or resources.
These links do not constitute endorsement by Signet either in respect to such
sites or resources or in relation to the contents, products, or services made
available over which Signet has no control and for which it assumes no
responsibility. Therefore, any products or services offered or promoted through
web sites of third parties are in no way endorsed, sponsored by, or supported
by Signet and the User assumes full responsibility for any use or purchase of
such products or services.
5.2 When connecting to
third-party sites, User agrees to leave the Site at his own risk and agrees
that Signet cannot be deemed as liable in any way for the functioning of such
other sites or the contents published on them.
6. EDITORIAL CONTENTS
6.1 Signet does not guarantee
the accuracy or the timely updating of information or editorial contents
provided by the Site, for example news, commentary, rules, competitions,
contracts, training, or event details.
6.2 Signet makes accessible to
Users the information provided by the other Users of the Services.
6.3 Users are entitled to
consult free of charge the profiles of other Users in order to communicate with
other Users and build a personal directory of contacts and addresses to which
to send potential requests for information.
6.4 The information contained
within the profiles is provided directly by Users and is not subject to prior
verification or monitoring by Signet, which performs only an authenticity check
on the existence of the email communicated by User at registration with the
Site. Therefore, when registering on the Site, Signet cannot guarantee the
accuracy and the fairness of the data published on the profiles or the
authenticity, accuracy of description, or existence of any goods or services
described and promoted within the Service, the responsibility for which is
entirely that of the Users.
6.5 Therefore, the User
undertakes to keep Signet harmless from any claim, complaint, or legal action
connected with the use of the Contributions provided by them and/or by the
other Users.
7. INDEMNITY
7.1 The User is responsible
for Contributions uploaded and notices sent to other Users within the Services
and agrees to use the Services only for lawful purposes as permitted by
applicable law, usages, and customs and rules of due diligence and fairness,
without prejudicing third-party intellectual property rights or other rights of
third parties. The User agrees to indemnify and hold harmless Signet and its
directors, shareholders, representatives and employees from any claim and/or
demand and/or legal action and any damage (including attorneys' fees) arising
out of or relating to – directly or indirectly - the use of or access to the
Site or Contributions published or disclosed therein which are not compliant
with these Conditions or any applicable law.
8. DISCLAIMER OF WARRANTY AND
LIABILITY
8.1 To the extent permitted by
applicable law, Signet shall neither be held liable to Users or any third party
nor shall indemnify any damages, claims or losses, direct, indirect, additional
or consequential or of whatever nature (including but not limited to damage for
impediment of the right to access, use, as the case may be, of the Site and/or
the Services, damage to image, loss of data, loss of business opportunity, loss
of profits, business interruption or the like) arising out of the utilization
or of the impossibility of the utilization of the Site and/or the Services or
of any other functionality provided by third parties through the Site or of any
possible not authorized access to the personal account of the User, also in the
case in which Signet has been informed about the possibility of rising up such
damage related and/or connected to:
i) the malfunctioning of
electronic equipment owned by the User or any third party, including Internet
service providers, telephone equipment, and/or computers unmanaged by Signet or people for whom it may assume
responsibility;
ii) the insufficiency of
electronic means of communication for reasons beyond the control of Signet including,
without limitation, natural disasters, lack of energy, lack of telephone lines
or other network service providers, failure of computers and/or other
electronic devices even unrelated to the interruption, malfunction of software
installed by the User and the actions of other Users or other persons who have
access to the network;
iii) the Contributions uploaded
and/or shared by Users through the Site, for which Signet has not assumed
responsibility or verified the legality, accuracy, timeliness, completeness,
reliability, truth or usefulness, the sole responsibility for which rests with
the User;
iv) Further breaches of these Conditions
and any other legal provisions if applicable.
8.2 Signet shall not be
obliged to indemnify (i) any fraudulent acts due to its employees, agents
and/or Users of the Site, or (ii) any incorrect representation released
fraudulently by Signet's employees, persons in charge as appointed by Signet
and/or Users of the Site or (iii) any possible disclosure of login and password
and all of the information provided by the User by the Site to third parties,
by User and/or its employees and/or persons in charge appointed by it.
8.3 Signet has no direct
access to the communications and information exchanged between Users and cannot
take action with respect to transactions which originate through the Service for
example, in the context of forwarding communications to Users. Therefore, Signet
may not be held liable as an agent or intermediary in relationships between
Users.
8.4 The responsibility of the
User's relationships with other Users and third parties through the use of the
Site and/or the Services shall be borne by the relevant Users exclusively. Signet
reserves the right, but has no obligation, to intervene in any way in these
disputes.
9. INTELLECTUAL PROPERTY
RIGHTS OF HOMELOVIN
9.1 Any logo and trademark
Inner Design, registered or not, published on the Site by Signet, the company
name Signet S.r.l. and the domain name www.innerdesign.com
as well as any other intellectual property rights are owned exclusively by
Signet. Any reproduction and/or not previously authorized use by Signet of
logo, trademark, sign and/or words Inner Design as trademark and/or log and/or
company name and/or as domain name or other distinctive sign are forbidden.
9.2 The pages and graphics of
the Site, illustrations, pictures, multimedia contents (video/audio) and information
constituted by and made accessible through the Site are in the title of Signet exclusively.
9.3 Any operations of
reproduction, modification, distribution, or dissemination of the Site are
prohibited, without prejudice to the activities of downloading and displaying of
the Site content for personal and noncommercial purposes only and, in such
cases, provided that the material in question is in no way modified and all
information related to intellectual property or industrial rights are
maintained with an indication of the source by inserting a hyperlink to the Site
www.innerdesign.com.
9.4 The extraction and reuse
of all or of a substantial part of the Users' profiles, including the
extraction or re-utilization of insubstantial parts of the relevant content whereas
such activities are repeated and systematic, are prohibited.
9.5 The obligations undertaken
by the Users pursuant to this article shall survive also after these Conditions
shall not be in force for whatever reasons.
10. SEVERABILITY
10.1 The invalidity of one or more
provisions of these Conditions shall not cause the invalidity of the entire
Conditions and/or of the other single provisions herein contained. In such
event, the parties shall be obliged to act in good faith and in a constructive
manner, in reasonable time in order to reach an agreement to substitute the
void provisions with others as valid, which shall be able to achieve the
purposes of the void provisions to the wider extent.
11. EXTENTION OF VALIDITY OF
PROVISIONS
11. Any provision, set forth
herein in the Conditions, whose validity by its nature after their termination,
shall be in force between Signet and the User.
12 LAW AND JURISDICTION
12.1 These Conditions shall be interpreted and
governed by Italian law. In case of conflict of interpretation
between the English and the Italian version of the Conditions, the Italian text
shall prevail.
12.2 For any disputes arising, for any cause or
reason, regarding the interpretation and/or performance and/or validity and/or
the end of this contract, the Court of Turin shall have exclusive jurisdiction.
In the case in which the conciliation procedure in accordance with and within
the meaning of Legislative Decree No. 28/2010 becomes effectively and
functionally enforceable, the Parties declare that, in the case of any dispute
arising for any cause or reason regarding the interpretation and/or performance
and/or end of this contract, the conciliation procedure shall be activated at
the Chamber of Commerce of Milan before resorting to the Ordinary Courts. It is
agreed that it shall not be necessary to resort beforehand to conciliation in
relation to requests for payment injunctions and/or cautionary and/or urgent
measures.
Pursuant to and within the meaning of articles 1341
and 1342 Civil Code, the User expressly declares that it approves the following
sections: 2.5, 2.6, 4.3, 6.1, 7 and 8.
__________ User