TERMS AND CONDITIONS

Transcription

1 TERMS AND CONDITIONS These Terms and Conditions regulate access to, navigation around, and use of the present Curalate Fanreel. ITX MERKEN, B.V., Dutch company with address registered in Amsterdam, Nieuwezijds Voorburgwal 307, 1012 RM, tax identification number NL B01, under the brand name MASSIMO DUTTI (henceforth, MASSIMO DUTTI ), offers its users the option to provide images, comments, videos and other content (henceforth the Content ) through the corresponding sections of the website, mobile application, social media profiles, digital media, newsletters and other devices for interacting with the online platform for sales of products, services and functionalities related to the brand MASSIMO DUTTI (henceforth Services ). 1. Terms and Conditions and acceptance 1.1 Access to, navigation around, and use of the Services is the sole responsibility of users under the terms laid out by these Terms and Conditions. 1.2 Publication of any Content is subject to these Terms and Conditions. You should read and accept these Terms and Conditions before using the Services. If you do not agree with these Terms and Conditions, please do not use the Services. 1.3 Use of the Services does not constitute any kind of contractual relationship between you and MASSIMO DUTTI. 1.4 Use of the Services is reserved for users who reside in the following countries: China, Spain, United Kingdom, United States of America, Russia, France, Germany, Turkey, Portugal and Poland. 2. Functionality of the Services 2.1 Content should show (i) MASSIMO DUTTI garments from the relevant sales season at the date of delivery of said Content, or (ii) people dressed in at least one (1) main MASSIMO DUTTI garment (on the understanding that main garments are trousers, dresses, skirts, coats, jackets, shirts, blouses, bags and shoes) from the relevant sales season at the date of delivery of said Content. 2.2 You can (i) provide Content linked to the MASSIMO DUTTI world via the website, after reading and accepting these Terms and Conditions or (ii) MASSIMO DUTTI shall select Content that you publish on any social network linked to the MASSIMO DUTTI universe, after MASSIMO DUTTI requests permission in each case to publish said content, using the hashtag #dressedindutti, and after you have read and accepted these Terms and Conditions. 2.3 Content supplied by you, whether directly or after MASSIMO DUTTI has asked for your permission, shall be selected entirely at our discretion, without any obligation thereafter to use any part or all of the Content provided. MASSIMO DUTTI reserves the right to add or delete text, to edit graphic material, and to reject, suspend, cancel or delete publication of any Content. 2.4 In the event that Content that has been published or made available to us is selected, this shall mean that said Content shall be shown or appear on the website, mobile application, official social networking profiles and any newsletters duly issued (henceforth the Media ). 2.5 Given that use of the Services means Content shall be shown or appear on official MASSIMO DUTTI profiles, we recommend that you carefully read the Conditions of Use of the social networks which can be accessed on these networks. 2.6 Given that other users can see and access Content, they may opt to share this content on appropriate platforms, using the necessary tools, in compliance with the Terms of the

2 aforementioned media. Therefore, by using these Services, you accept and expressly agree that any Content published and made available to MASSIMO DUTTI may in due course be shared with all other users of these platforms. 3. Legal age Access to and use of the Services is restricted to those over 18 years of age and it is strictly forbidden to include minors under the age of 18 years in any Content. By accepting these Terms and Conditions you state that you are over 18 years of age and you are wholly responsible for this statement. 4. Amendment to the Terms and Conditions MASSIMO DUTTI expressly reserves the right to amend these Terms and Conditions without prior notice. You recognise and accept that it is your responsibility to review the Services and these Terms and Conditions. Continued use on your part of these Services after said amendments, shall constitute acknowledgement of the amendment to said Terms and Conditions and you shall be bound by the new Terms and Conditions. 5. Correct use of the Services and restrictions of use 5.1 Through this present document, you guarantee and agree the following: - Content provided by you (i) shall not contain the image of any third party other than yourself, without having obtained the permission of the third party/parties in question; (ii) shall not reproduce any work created by a third party, without the consent of the third party/parties in question; (iii) shall not reproduce the products, brands, trademarks or other industrial property rights belonging to third parties, without the consent of said parties; and (iv) shall not contain or reproduce the image of any minors, unless the relevant Content be submitted by the father, mother, guardian or legal representative of said minor. - Content provided by you shall not violate any third party rights (including for example, intellectual or industrial property rights, image rights, privacy rights or any other rights) or interests, or any applicable regulations or standards (international, Spanish or any other). - Content provided by you shall not contain any element that may be considered offensive or discriminatory (whether for reasons of race, religion, gender, sexual orientation, political or union affiliation), unlawful, threatening, slanderous, defamatory, obscene, pornographic or indecent, or anything else inappropriate; it shall not constitute or incite conduct that may be considered criminal or contrary to the law; it shall not contain any element considered inappropriate or contrary to accepted principals of morality and public order; it shall not be intended to deliberately disturb other users, and any comments accompanying the Content shall not be defamatory or derogatory towards MASSIMO DUTTI, any other brand from the Inditex Group, Inditex Group itself or any third party. - Content shall not consist of or contain any IT virus, worm, Trojan horse, sales request, chain letter, mail shots or any other form of spam communication or any other contaminating element, including but not limited to, codes or executable files that may be used to access, modify, overwrite or damage MASSIMO DUTTI and/or third party IT systems or equipment (software and hardware), or electronic documents or files stored on said IT systems or equipment. 6. Guarantee and liability limitations 6.1 You expressly accept that any use made of the Services shall be made on your own account and at your own risk.

3 6.2 MASSIMO DUTTI shall not be liable for any Content created, published and/or made available by users, except under circumstances obliged by law. 6.3 Likewise, Media Content may include opinions, statements and other third party Content. Although MASSIMO DUTTI commits to making every effort to guarantee the quality of the Services and avoid errors or inaccuracies in the Content, we are not liable for the content of the information gathered in said Media, or the opinions, comments, likes or any other expression that appears there, when it has not been issued directly by MASSIMO DUTTI. Neither are we responsible for reviewing, monitoring or verifying this content, for their accuracy or reliability, or for guaranteeing that it complies with any applicable legislation. MASSIMO DUTTI is not liable for the opinions, statements or other materials made available by third parties, who are the ones responsible for them. Neither does MASSIMO DUTTI support the aforementioned opinions, statements or materials. The person identified in each case as having provided the Content is liable for this content. You recognise and accept that we do not have any control and neither do we accept any liability for possible direct, indirect, incidental or consequential damages arising from the use or abuse by third parties of the information incorporated into the Media. 6.4 Likewise, MASSIMO DUTTI shall not be liable for any Content sent by the user when it does not have actual knowledge that the stored information is unlawful or damages third party goods or rights subject to compensation. At the point when MASSIMO DUTTI has actual knowledge that it is storing data such as the aforementioned, it commits to act with due diligence to remove said data or ensure that access to it is made impossible. 6.5 In the same way, MASSIMO DUTTI reserves the right to unilaterally remove Content stored on any of its Media whenever it deems that it contravenes these Terms and Conditions, if there are indications that the Content violates any legal provision, undermines third party rights, is considered injurious or is being used for publishing purposes (spam), as well as at any other point when MASSIMO DUTTI deems it necessary. 6.6 MASSIMO DUTTI reserves the right to interrupt Services for the purposes of technical repairs and maintenance to equipment and to improve these Services. 6.7 In any event, any rights guaranteed to users by current law shall remain guaranteed. 7. Intellectual and industrial property and transfer of rights to third parties 7.1 All intellectual and industrial property rights on the Gallery elements, understood to include but not be limited to: text, photographs, graphics, images, icons, technology, software, links and other audio-visual or sound content, as well as the graphic design and source code (excluding user Content), belong to MASSIMO DUTTI or its assignees, without transferring any exploitation rights recognised by current legislation to the user. 7.2 Both publication of Content by you in the Gallery and making said Content available to us for use in the Gallery and/or Media entails granting MASSIMO DUTTI free, global licence, for the maximum period of legal protection foreseen and entails transfer to third parties of all exploitation rights (intellectual and industrial property, image and any other type), including the right to reproduce, distribute, publicly communicate, alter, and make available, for all aforementioned Content, for the purposes of direct commercial exploitation, or via third parties and/or all support, media, formats and forms of exploitation, dissemination, public communication and distribution both currently known and that may exist in the future, including but not limited to Media or similar Internet methods/backup. 8. Data protection Users expressly consent to personal data, including any that may derive from the Content (together Data ) facilitated via different channels made available to users, being used by ITX MERKEN, B.V. as Responsible for the purposes of providing the Services described in these Terms and Conditions.

4 Likewise, users authorise dissemination of their Data via the Internet, including, among other methods, websites in the countries in which MASSIMO DUTTI operates, social networks and any other type of communication used to promote the brand. For the aforementioned purposes, it may be necessary to communicate or transfer said personal data to the holding company Industria de Diseño Textil, S.A. (INDITEX, S.A.) and other Inditex Group companies in Spain and Ireland (whose activities relate to the decorating, textiles sectors, finished goods in the clothes and home sectors, as well as any others complementary to the aforementioned, including cosmetics and leather goods, and developing and supporting e-commerce activities) and therefore it is understood that users authorise said communication and transfer of their personal data. Likewise, it may be necessary to make this information available to third parties who provide us with support services, such as IT service providers, etc. By accepting these Terms and Conditions, the user expressly authorises us to use and transfer said information. Their authorisation includes any cases where, for efficiency of service, providers may be located in the United States of America. In the event that you are a user who lives outside the United States of America and does not authorise this international transfer of data, please do not provide your Data. In the event that once you have granted consent for this international transfer, you wish to rescind it, you can do so by using the Report Icon button that appears underneath the image, as is explained in point 11 of these Terms and Conditions. Revocation of consent for carrying out the international transfer will lead to the necessary removal of the Contents. Likewise, the user can at any time, use this same tool to request removal of their Content as is explained in points 10 and 11 of these Terms and Conditions. Their Data shall be kept while the Service is in place and until such point as the user revokes their consent. In the event that you wish to exercise your right to access, amend, cancel or oppose, you may do so by sending a written communication to the address dataprotection@massimodutti.com, indicating Image and your country in the subject line of the mail. If necessary, we may require you to provide a copy of your documentation to prove your identity. 9. Confidentiality While these Terms and Conditions remain valid for a period of two (2) years from the date of their completion, no party may reveal Confidential Information belonging to the other party to third parties without the prior consent of the other party. This does not include any information that may be publicly known without there having been a violation by any party, or that may have been (i) independently developed without access to the other party's "Confidential Information"; (ii) lawfully received by a third party; or (iii) required to be revealed in accordance with the law, legal requirement or relevant authority. 10. Reporting abuse If you believe that some of the content made available to the Media is offensive, unsuitable and/or infringes upon your rights recognised by current legislation, you can report the content by pressing the button Report Icon, which you will find at the bottom right corner under the exclamation or warning symbol. Clicking the button will take you to a form that automatically includes the URL of the content you would like to report and the automatic subject for reporting content. The content will be automatically removed after your request is received and processed, although the material may still be visible for approximately the next 24 hours.

5 Then, MASSIMO DUTTI may proceed to investigate the truthfulness and origin of your request and review the material in question, contacting you if necessary. The company may decide to permanently remove the content if your request is accepted, or readmit the content and publish it again if the request is rejected; in the latter case, provided the author has not deleted it from social networks. Finally, and if you prefer, you can make any complaint related to content inserted on the Media by writing to the address In this case, MASSIMO DUTTI will still investigate the truthfulness and origin of your request and examine the material in question. 11. Cancellation You may request that content you generated be removed by using the Report Icon button that you will find in the bottom right corner under the exclamation or warning symbol. Clicking the button will take you to a form that automatically includes the URL of the content you would like to report and the automatic subject for reporting content. The content will be automatically removed after your request is received and processed, although the material may still be visible for approximately the next 24 hours. 12. Applicable law and jurisdiction All issues arising between you and MASSIMO DUTTI regarding the interpretation of, compliance with and the validity of the Terms and Conditions shall be governed by their own clauses, or in the event that they are not foreseen, in accordance with Spanish legislation; with each party expressly submitting to the jurisdiction of the courts of the user's place of residence.