(APPLICABLE FROM May 2022)
- SCOPE OF APPLICATION. These Terms and Conditions (hereinafter, the “T&C“) apply to all users (hereinafter the “Users“) of the website excapeeyewear.com and all pages, portals, features and the functions contained or offered within it (collectively the “Site“). The Site is provided by Polinelli S.r.l. SU, a division of FGX International, a company of the EssilorLuxottica Group with headquarters in Via Roma 57, Daverio (Varese), Italy, Share capital: Euro 300,000.00. Tax code and registration number in the Varese Company Register no. 01342440128 – REA n.VA-174.115 (hereinafter, “Polinelli”). Polinelli can be contacted at the email address: firstname.lastname@example.org.
- USER DECLARATIONS. By accessing or using the Site, the User represents that to be at least eighteen (18) years old. If He/She is under the age of eighteen, please consult a parent or guardian regarding these T&C as minors are only permitted to use the Site if a parent or guardian accepts these T&C on their behalf. Furthermore, the User agrees to comply with all applicable laws and regulations governing the use of the Site.
- INTELLECTUAL PROPERTY RIGHTS. The contents of this Site – the text, graphics, user interfaces, visual interfaces, photographs, sounds, drawings and models, computer code (including html code), programs, software, products, information and documentation, as well as the design, structure, selection, coordination, expression, aesthetic and functional aspect and arrangement of any content presented on or available through the Site – are the property of Polinelli, unless otherwise indicated, covered by copyright and by the legislation on industrial property. The User is not granted any license or right of use and therefore is not allowed to record such contents – in whole or in part – on any kind of support, reproduce, copy, publish or use them for commercial purposes without prior written authorization by Polinelli, except for the possibility of making a copy for personal use only. The User acknowledges and expressly agrees that Polinelli does not transfer ownership or any intellectual property right or title of the Site to the User or anyone else. Any use of the trademarks, identifying logos of the products indicated on the Site (including, without limitation, domain names, account identifiers or search terms), without the express written authorization of Polinelli is strictly prohibited. Other product names and company names or logos mentioned or displayed on or through the Site may be of their respective owners. The information contained in the Site is produced by Polinelli, unless otherwise indicated. Polinelli has the right to modify, at any time and at its own discretion, the contents and the functional and operational modalities of the Site, without any notice.
- USER PUBLISHED CONTENT. Polinelli may from time to time make available on this Site bulletin boards, chat rooms, comment areas, forums, newsgroups, sections for the publication of content or other similar communication structures. In such cases, we would be delighted to receive the comments on our Site. However, any notes, messages, ideas, suggestions or other material that the User provides to Polinelli (collectively “User Published Content“) must not harass, defame, slander, including in the press, discredit, threaten third parties or otherwise violate any third party rights and must not include obscene, indecent, pornographic, defamatory, and/or illegal activities pursuant to these T&C. Furthermore, the User Published Content must not violate the intellectual property rights, personal data protection rights, publicity rights or other proprietary rights of any natural/legal person. When providing any and all User Published Contents, the User grants Polinelli a non-exclusive, free, perpetual, irrevocable right and license to use, reproduce, copy, modify, alter, post, send, transmit, distribute or otherwise use the Content Posted by the User. Polinelli undertakes not to use the User Published Contents in contexts that may prejudice the personal dignity and decorum of the Users. It is understood that the use of the User Published Contents by Polinelli is to be considered free of charge. By providing us with any User Published Contents, the User represents and warrants to have the necessary right, title and license to such Content and that the provision of such material on the Site does not and will not infringe the rights of any third party, including but not limited to intellectual property rights or personal data protection rights.
- LIMITATIONS. The User agrees not to modify, distribute, disclose or create works totally or partially based on the Site. The User will not be able (nor will you allow third parties) to sub-license or to rent, neither sell, distribute, circulate, supply, transform, decode, decompose, dismantle, reverse engineer, create derivative works from the Site, modify or translate the Site, or in any case reproduce, copy, use or make the Site available for third parties, or any part thereof, in any way other than what is expressly permitted in this deed or permitted by these T&C or except as permitted by the law. The User acknowledges and agrees that the acquisition of any content or data through the use of the Site is under your sole responsibility and that you are solely responsible for any damage to the system or loss of data caused, even indirectly, by non-compliant use of the Site to these T&C.
- AVAILABILITY AND CONTINUITY OF THE SERVICE. The User acknowledges and agrees that Polinelli reserves the right, at its complete discretion, to (i) suspend or delete the Site, and / or (ii) disable access to the Site to the Users, temporarily or permanently, to Users who do not comply with these T&C. Polinelli is not responsible for the lack of use of the Site, for the delay in updating the relative information, nor for the damages deriving from eventual interruptions, suspensions, delays or anomalies in the connection to the Site dependent on the supply of electricity or on the telephone service or on the bad functioning of the Internet network or on any other cause not dependent on Polinelli.
- LINKS TO OTHER SITES. Polinelli takes care that the information contained in the Site meets the requirements of reliability, correctness, accuracy, completeness and actuality. In any case, Polinelli does not assume and therefore declines any and all responsibility for possible errors, inaccuracies, lacks and omissions that may be found in the posted contents, whether they derive from material errors or misprints, data imputation, formatting or scanning. The same considerations also apply to the contents, included in the Site, produced by third party companies to which Polinelli relies. The Site may facilitate access to other sites or social networks or pages. These sites, social networks or pages have not necessarily been verified by Polinelli and are managed by third parties regarding who Polinelli has no control on. Therefore, Polinelli expressly disclaims any liability in relation to the content, the material, the accuracy of the information, and / or the quality of the products or services provided by, available through, or advertised on, such third party sites. Furthermore, the presence on the Site of links which refer to these other sites or social networks or pages does not imply any endorsement by Polinelli of the products or services provided by third parties.
- INDEMNITY. By using the Site, The User agrees to indemnify and hold harmless Polinelli and its parent company and its affiliates, as well as its directors, employees and agents, against any loss, damage, liability, cost, expense (including legal fees) undergone by Polinelli and these other categories of subjects and deriving from: (i) the use of, and access to, the Site by the User in breach of these T&C; (ii) any User Published Contents; and (iii) the violation of any third party right, including any property, privacy or intellectual property right. This indemnity will survive the duration of the use of the Site by the User.
- IMPLEMENTATION. The User acknowledges and accepts that any violation, threatened or actual, of these T&C may determine a damage to Polinelli who might be called upon to answer for such damages before the competent court of law.
- WAIVER AND SALVATION CLAUSE. If any part of these T&C is found to be invalid or unenforceable under applicable law or a court order, the provision to be invalid or unenforceable will be considered superseded by a valid and enforceable provision that fully corresponds to the intent of the original provision and the remaining provisions of these T&C will still remain in force.
- APPLICABLE LAW. These T&C and all the rights and obligations deriving from them will be governed by, and interpreted in accordance with, Italian law.