The site www.moleskinerie.com (“The Site”) hosts the official blog of the Moleskine world and is intended to operate as a forum for the exchange of messages, information and opinions not only regarding Moleskine products but also and above all issues relating to art, culture and society.
Participation in the blog is subject to compliance with certain minimum standards of behaviour that aim to enable the blog, albeit not through a preventive control over the contents of the posts, to preserve those characteristics as a place for the peaceful exchange of opinions and comments open to all, as the reason why it was created.
In addition to publishing the posts uploaded by administrators and user comments, the site incorporates a range of text, image and film contents of its own, of third parties, or provided by the site’s users which benefit from the protection conferred upon them by the applicable provisions governing copyright.
The following brief notes are therefore intended to provide users and guests on the site with a summary but succinct specification of the limits within which Moleskine will permit the circulation and use of these contents, irrespective of the party that holds the respective rights. At the same time,
Regulation of the Blog
The user accepts full and exclusive responsibility for the information and messages that he posts on the blog.
It is forbidden:
to use the site for the sale and presentation of products, as well as for the purposes of express or occult advertising, or to include links to other websites in order to promote this type of service;
to post content that is defamatory, incites violence, is pornographic or which is otherwise in breach of applicable national or international laws, public order or common decency;
similarly, to post references to sites the contents of which are contrary to law, public order or common decency;
to post messages containing the personal data of the user and/or containing false, vulgar, offensive, abusive or defamatory contents or, again, which violate the intellectual property rights of third parties:
to elaborate automatically the data present on the website, or to implement systems, services and research indices created by the user using the contents available on the site;
to upload software, programs, files and other mechanisms or technologies capable of spying on, attacking or otherwise compromising the site or its Users, their computers, the servers of Moleskine s.r.l. or the software used on the computers of the Users or of Moleskine.
In the event that the presence on the blog of messages that constitute a criminal offence is ascertained or in the event that action is taken by the Judicial Authorities, www.moleskinerie.com shall take steps using all means at its disposal (amongst others, analyses of the logs and the identification of the IP addresses) in order to enable the responsible parties to be identified.
Any report concerning a breach of the rules set out above or the infringement of the rights of third parties must be addressed to firstname.lastname@example.org
Contents of the site Copyright of Moleskine
Unless specified otherwise, the text and images published on the Site (“The Contents”) by its administrators shall be the property of Moleskine s.r.l., with registered office in Milan, Viale Stelvio no. 66 which makes them freely available for use by the users of the site, with the exception of their exploitation for economic and business purposes, which is always to be regarded as forbidden.
Rights over part of these Contents may also be held by third parties which make them available, subjecting them to the limits derived from the various rules of the Creative Commons; www.moleskinerie.com makes a mere reference to the sites of these parties, the regulations of which the user is invited to consult and is required to comply with.
As a rule, photographic images may not be copied, sold, loaned or reproduced in any manner without the express authorisation of Moleskine
Any unauthorised use, reproduction or forwarding of individual Site Contents or of entire pages beyond the limits indicated above is not permitted and will therefore be challenged in accordance with the applicable law.
Contents of the site: Undertakings and Obligations of Users
The User in turn has the ability to post his or her own contents in the form of text, images and photographs (hereafter, the “Contents”) only provided that they were created by him- or herself and/or that the User has the relative rights to publication, sharing and modification.
In particular, the User warrants that the photographic images and/or videos uploaded onto the Site have not plagiarised or counterfeited, either in whole or in part, the works of third parties. He/she further warrants that the contents posted do not violate the rights of third parties (in particular rights over copyright and trade marks) and that the persons present and identifiable in the photographs unreservedly consent to their publication. If this is not the case, their images must be immediately rendered unrecognisable.
In the same way, the User declares and warrants that the Upload and all items contained in it do not violate the intellectual property rights or other exclusive rights of third parties, including image rights and personality rights, for which he/she has in any case received full and unlimited authorisation from the relevant holders. Accordingly, the User undertakes to indemnify and hold harmless Moleskine s.r.l. against any detrimental consequence or third party claim that may be accrued to it as a result of the inaccuracy of the above declaration.
As a result of the upload onto the site of the Contents, the User, in his/her capacity as the holder of the relative copyright, grants to Moleskine S.r.l., for no consideration whatsoever and without territorial or temporal limits, the entitlement to exercise all the relative economic use rights including, by way of example, the rights to the publication of the Contents in any manner and in any form – in particular, as part of the site www.moleskinerie.com, within editorial publications, magazines and other means of communication – as well as the right to render the Contents accessible also on mobile devices such as cellular phones, iPods, iPhones etc., the right to reproduction, performance and distribution, the broadcasting using any means and on any medium of the Contents, their representation in public, their making available to the public in any form and manner, their exhibition and display, their use in the context of advertising promotions, as well as the right to make derived works and the right to translation. The assignment shall be governed by the Italian law on copyright (Law no. 633/1941).
The upload of the Contents by the Users is not regulated on a preventive basis by Moleskine s.r.l which, however, reserves the right to take action at any time to remove images or videos uploaded onto the site, either on its own initiative or upon request by third parties, such as the Judicial Authorities, in the event that the lawfulness or legitimacy of their publication is disputed.
The Contents posted by Users exclusively reflect the personal viewpoint of the latter and do not originate from Moleskine. The latter reserves the right to remove any Content from the Site, with particular reference to Contents in breach of the rules set out above or which have given rise to a dispute, including in relation only to the alleged violation of third party rights, without consulting the User in question in advance.
The users shall not have the right to request the cancellation of Contents posted by them from the site.
Limitations on liability
Moleskine declines all liability relating to the posting of Contents by Users which are false or in breach of applicable laws or of third party rights, and undertakes solely to remove promptly any material reported to have been published unlawfully and to cooperate fully with the competent authorities in order to prevent or punish the commission of offences or abuses of any other nature over its website.
In the event that the presence of a contribution is ascertained that is unlawfully or breaches the rights of third parties, the Users may inform Moleskine at the email address email@example.com. Moreover, since the contents are published automatically, Moleskine reiterates that it declines all liability with regard to them and rejects, including in the event that they are cancelled late or not at all, any attributability to its own organisation, along with any suggestion of the implicit endorsement thereof.
www.moleskinerie.com reserves the right to take steps to eliminate any messages which may violate the standards of conduct indicated above and to suspend the access rights to the site of the User responsible.
It is not possible to guarantee the unlimited availability of the services, since use presupposes access to telecommunications networks and connections over which Moleskine does not exercise any influence. Moleskine shall take all steps within its control in order to attempt to reduce all operational interruptions to the service to a minimum (for example, following maintenance work or hardware and software assistance) but declines all liability in relation to the consequences that may result from any inadequate service.
Any translation of this document into a language other than Italian is provided solely for information purposes. In the event of any discrepancies, the only legally valid and binding version regulating the use of the Site shall be the Italian version of this document.
Moleskine reserves the right to amend or supplement these Terms and Conditions of Use. The Users must therefore ensure that they may be contacted at the email address provided upon registration.
The interpretation of these Terms and Conditions of Use shall be governed by Italian law. The District Court of Milan [Tribunale di Milano] shall have exclusive jurisdiction over any disputes relating to its interpretation or implementation.