Terms and conditions

Last update September 15, 2015

GENERAL TERMS AND CONDITIONS OF USE

These general contractual conditions (“Contract”) govern the terms and conditions of use of the online services (the “Services”) made available by Edizioni Condé Nast S.p.A., with registered office at 20123 Milan, Piazzale Luigi Cadorna 5 (“Condé Nast”), through its websites (the “Websites”). Please carefully read the content of this Contract, and note that your use of the Services means that you fully accept the Contract. When you make use of specific Services, you may be asked to accept additional clauses. Condé Nast reserves all exclusive rights to the Services made available to users, noting that they may be used by users merely for personal purposes only.The Contract may be subject to amendments over time: the date of the most updated version will be shown on this page. The use of continuous Services over time will entail automatic acceptance of the most recent version of the Contract. Without prejudice to what is described below with reference to specific circumstances, we hereby inform you that your failure to observe the Contract, including its individual clauses or other usage conditions set forth in the various sections of the Websites, or conduct contrary to the corporate policy of Condé Nast, may trigger the suspension or interruption of your access to the Websites, which Condé Nast reserves the right to enact at its unquestionable discretion and with no prior notice whatsoever, without prejudice to any further action that may be taken.

1) USER REGISTRATION

Condé Nast may subject the use of certain Services to your prior registration on the Websites, during which time you may select a username and password. During registration, you will provide your personal data - which will be processed by Condé Nast in accordance with the privacy notice - the accuracy and truthfulness of which you guarantee and which you commit to updating. To this end, it is indispensable for your e-mail address to be active and real; otherwise, the registration cannot be completed successfully. You will be responsible for maintaining the privacy of your selected username and password, as well as all activities carried out using them; as a result, you undertake to promptly report to the Websites, at the e-mail address privacy@condenast.it, any unauthorised use of your username and/or password and/or any other security violation of which you become aware. In any event, Condé Nast shall not be held liable for losses or damages caused by the user’s violation of security obligations, or any damages caused by actions or omissions of the user. Your right to use the Services is strictly personal and therefore you cannot authorise access to the Services by third parties. In any event, you assume all liability with respect to your use of the Services, as well as that of third parties you have authorised. The right of the user to use the Websites is personal and cannot be transferred. The user is prohibited from reselling or making any other commercial use of the Website content. You undertake to store your username and password used for registration diligently, and you declare that you are aware that any communication of such information to third parties and/or its use by third parties is not permitted and that it may entail your liability for the use of the Service by others. In this case, Condé Nast also reserves the right to suspend or interrupt your access to the Service. If you ask for the Service to be cancelled, the content you have published, including that for which registration was requested, will not be removed automatically, unless you request it, but will remain online without being attributed to your profile. Registration on the Websites and the use of the Services is permitted only to adult users or underage users who are at least 16 years of age. Users who are below 16 years of age are expressly prohibited from providing their personal data and from using any other part or section of the Services. No information provided by such users shall be used, placed online or stored. Before being able to register with the Websites, those under 16 years of age must obtain the consent of their parents or guardians, and participate through them, who in turn have duly registered.

2) USE OF THE SERVICES BY USERS

Condé Nast does not endorse, support, approve of, encourage, verify or agree with the opinions, statements or comments expressed in the common areas of the Websites. It is therefore implied that such opinions, statements or comments exclusively refer to the users who expressed them. Any information or material published on the Websites by users/third parties, advice and opinions, including any messages (the “Content”) represents the point of view of those who actually posted their observations on the Websites or who put their goods or services up for sale. Such third parties will be directly liable for such Content, while Condé Nast excludes all personal assessment or approval of such material and/or information. The user therefore accepts the assumption of all risks concerning the use of any type of content. In using the Services, you undertake not to use obscene, indecent or offensive language and not to post any defamatory, injurious, harassing or in any event unlawful Content. You also undertake not to publish junk mail or unauthorised advertising or Content which violates the right to the privacy of others, or encourages criminal conduct or conduct which is in any event contrary to any applicable regulation and/or third-party right. You therefore accept that you will use the Services exclusively for lawful purposes, as you are aware that failure to meet this commitment may subject you to civil and/or criminal liability. You are also prohibited from sending and/or publishing Content on the Websites which refers directly or indirectly to: - pornographic or in any event obscene material; - material, for example but not limited to, texts, photographs and/or sounds, which violates trademarks, trade secrets or other exclusive rights of third parties, copyright, software, musical files, images, videos, texts protected by copyright; - offensive material, including expressions of fanaticism, racism, hate, irreverence or threats; - software, information or other material containing viruses or harmful components; - material containing initiatives linked to gambling, competitions, games that require payment in order to participate; - material that depicts minors without the express authorisation of the parent(s) or guardian(s); - material depicting third parties who have not provided consent to the publication of their images on the Websites; - material containing sensitive data regarding the health, political or religious opinions, racial origin or sexual habits of third parties. The Content made available through the Services, some of it protected by exclusive third party rights, is made available only for the personal use of the users of such Services. You therefore undertake to respect such exclusive rights and not to use for commercial purposes, or in any event for purposes that were not previously and expressly authorised, the Content obtained through the Services, and therefore not to publish it, re-transmit it, distribute it, display it in public, reproduce it or register it on media of any type whatsoever, without prejudice to the free uses set forth in Italian regulations on copyright or other applicable laws. You also undertake not to destroy, modify or interfere in any manner whatsoever with any software, hardware and/or server of the Services and not to prevent or interfere with the use of the Services by third parties and not to alter or interfere with any information or material of the Service. You undertake not to access or attempt to access the servers of Condé Nast with means other than the normal connection through your browser, including through the use of an “administrator password” or by pretending that you are an “administrator”. You acknowledge and recognise that you are aware of the fact that Condé Nast has not reviewed and does not endorse the content of websites connected (“linked”) to the Services, nor shall it be responsible for their content or for goods and services which will be offered or marketed through them. Condé Nast will have the right to interrupt your access to the Services at any time and with no prior notice, following failure to observe the Contract, or in the event of any other violation of the Service use conditions, as well as your violation of laws, regulations of any other nature - referred to in this Contract or not - and legal decisions. You permit Condé Nast to collect and store the Content and to disclose it: (a) to meet legal requirements; (b) to defend itself from third party actions; (c) to protect its own rights and security, as well as those of users and the public in general. Condé Nast does not pay any compensation for the Content sent spontaneously to the Websites by users, which remain the owner of the Content itself and which may ask for it to be modified or deleted at any time. By sending the Content, users agree for it to be published on the Websites and/or on digital applications and/or possibly in the hard-copy publications of Condé Nast and in the dedicated channels on social media, in interactive editions and/or mobile applications of the Websites, including the RSS feeds that reproduce the Content on partner websites. Users are aware that the Content sent could be copied, modified, transmitted and/or disclosed in any other manner by third parties and assume all liability in that sense, indemnifying and holding harmless Condé Nast. Users are entitled to withdraw from this Contract or from the individual Website Services at any time by autonomously deleting their account or notifying Condé Nast by email at privacy@condenast.it and specifying the type of deletion requested in the subject.

3) REMOVAL

Please note that, by their nature, the Websites are interactive instruments for the immediate exchange of opinions and content in general: Condé Nast notes that it is its specific duty to supervise the proper use of the Websites in order to prevent unlawful Content from being posted. It therefore reserves the right, at its own unquestionable discretion, following failure to observe the Contract, in the case of any violation of the Service use conditions, as well as any violation of laws, regulations and/or legal decisions, to eliminate such Content from the Websites or to change it after it has been posted by the user and also to prohibit access to users and delete the registration of anyone at any time and for any legitimate reason, with no prior notice, as well as inform, when appropriate, the competent Authorities when it verifies the unlawful nature of the Content sent or the unlawful nature of user conduct. In any case, Condé Nast reserves the right, without however making any obligation or commitment in this regard, to review, adapt, move or delete any Content uploaded or made available within the scope of the Services at its exclusive discretion, even without any prior notice. In no case may Condé Nast be held liable for unlawful Content transmitted or made available through the Websites by users.

4) HOLD HARMLESS CLAUSE

Upon registration, you recognise your exclusive liability for the Content sent and that you are the owner of all intellectual property rights and copyright on the Content and/or that you have obtained all necessary authorisations and/or licences from those entitled, exonerating, holding harmless and indemnifying Condé Nast with respect to any liability and any harmful effect connected to legal actions lodged by anyone, requests for reimbursement, compensation and any direct or indirect damage suffered due to the sending and publication of the Content. You represent and warrant that you have legitimately acquired the Content and, by sending it, you expressly authorise its publication on the Websites, assuming all liability with respect to it and indemnifying and holding harmless Condé Nast with respect to any dispute and/or action and/or damage claimed by any third party with respect to the above-mentioned Content. In particular, by registering, you represent and warrant: (i) that you are the exclusive owner or in any event the individual with the full right to exclusively enjoy all rights of any nature including - for example but not limited to - intellectual property rights and copyright relating to the Content; (ii) that the Content is original, and that nothing in it is obscene, violent, defamatory, blasphemous, horrifying or suitable to disturb minors or violates rights, financial or personal, of third parties (such as intellectual property rights, copyright, moral rights, image rights, honour, decorum and/or reputation and/or privacy, rights to the protection of personal data, publication rights or others) and/or legal provisions; (iii) that the Content does not contain images, works, materials and/or elements of any type owned by third parties or, if the Content contains elements and/or parts drawn from third-party works, that all consents and releases have been obtained from any possible holder of rights on any basis to the Content and that you are in possession of all other permits and authorisations required by legal and/or regulatory standards that are in any event necessary for the free and undisputed use of the Content, including rights connected to the relative publication. Upon registration, you represent that you indemnify and hold harmless Condé Nast with respect to any dispute, claim and/or action and/or cost and/or disruption and/or damage, direct and indirect (including the repayment of any legal expenses and/or compensation) which may be raised by third parties against Condé Nast in relation to the Content, as well as the sending and publication thereof, also in violation of the above-mentioned warranties. In the event of the user’s violation of any of the exclusive rights of Condé Nast or any third party, Condé Nast may suspend or interrupt the access of users, subscribers, registered parties and/or account holders that violate the exclusive rights of others and possibly take legal action against them. Given the intrinsic characteristics of the Services, it is not possible for all Content posted online on the Websites to be checked (previously or subsequently) by Condé Nast. Condé Nast, in any event reserving the right to perform any type of control, including on a sample basis, without however assuming any obligation or commitment in this regard, therefore accepts no liability whatsoever in relation to the content posted on the Websites by its users, undertaking only to promptly remove Content that is disputed by third parties, in response to a suitable notification from the party concerned and/or the competent authority. You undertake to indemnify and hold harmless Condé Nast and the companies in the Condé Nast publishing group, as well as their employees, agents, representatives and external service providers, with respect to any liability and complaint or claim from third parties and any relative harmful consequences (including the payment of legal expenses) that may arise from your access to the Service and/or your use thereof in a manner conflicting with the Contract.

5) LIMITATION OF LIABILITY

The use of the Websites and the Services is entirely at the risk of the user. The Website Services are provided with no explicit or implicit guarantee. Condé Nast shall make the best efforts to constantly maintain the provision of Services, but it may not be held liable for any damages, losses of data, information or other damages due to delays or inaccuracies in finding information or the inability to do so, restrictions or losses of access, difficulties or problems of any type, errors or unauthorised use during access to the Services. Condé Nast does not guarantee nor is it liable in relation to the fact that: (a) the Services meet the specific requirements of the user; (b) the Services are provided without interruption, are prompt, secure and error-free; lastly, as the acquisition by the user of all material downloaded or otherwise obtained by using the Services will be carried out at the choosing and risk of such user, all liability for any damages to computer systems or losses of data resulting from downloads of Content shall be borne by the user and may not be attributed to Condé Nast. Within the limits established by applicable laws, you expressly waive the right to raise any dispute, claim, demand, action or request against Condé Nast in relation to your use of the Services or any other act or event connected to the Service. Any contact, including commercial in nature, between you and a third party, including advertisers and/or others with which you may enter into contact while using the Services, will not regard, bind or concern Condé Nast, nor shall they have any effectiveness if not in your own relations with such third parties and, therefore, you hereby expressly waive the right to raise any dispute, claim, demand, action or request against Condé Nast on that basis.

6) CONNECTIONS WITH THIRD PARTY WEBSITES

The Websites may contain links and/or widgets to other websites managed by third parties, with content for which Condé Nast shall bear no liability. The inclusion of such links does not imply any recognition whatsoever of the websites in question, nor least of all any form of association with them.

7) ADDITIONAL APPLICABLE CONDITIONS

Condé Nast reserves the right to establish and request that you accept, from time to time, additional conditions of use applicable to specific parts or sections of the Services. These additional conditions will be posted in the parts of the Service to which they refer and will be clearly identifiable.

8) GOVERNING LAW AND JURISDICTION

The Contract is governed and interpreted according to Italian law. Without prejudice to what is expressly set forth in Italian Legislative Decree 206/2005 (Consumer Code), any dispute that may derive from the relationship governed by the Contract will be subject to the exclusive jurisdiction of the Court of Milan. In accordance with articles 1341 and 1342 of the Italian Civil Code, you expressly accept the following articles of the Contract: 2) use of the Service by users; 3) removal; 4) hold harmless clause; 5) limitation of liability; 8) governing law and jurisdiction.

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