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Terms and Conditions

 

Legal Disclaimer

Please read this carefully. By entering or using BENETTON KIDS COMMUNITY web page, you are consenting to be bound by the general terms and conditions of use that appear below. If you do not agree, do not go on in using the services therein provided. Minors can access to the BENETTON KIDS COMMUNITY services, insofar as they are aware of the consequences for consenting to the processing and use of their data. They must also understand the significance of such a consent. In the event that parents or guardians consent to minors using the BENETTON KIDS COMMUNITY services, they accept their responsibility for the conduct of minors online, the access controls, as well as for the consequences arising from misuse of BENETTON KIDS COMMUNITY services by minors.

BENETTON KIDS COMMUNITY is an Internet forum developed and operated by Bencom S.r.l., a company incorporated under the laws of Italy, whose registered office is at Via Villa Minelli, 1, 31050 Ponzano Veneto (TV) Italy, in order to promote freedom of expression, exchange of ideas, opinions, interests etc. (hereinafter referred to as “BENETTON KIDS COMMUNITY”, being understood that, if required by the context, also Bencom S.r.l. may be reffererd to as “BENETTON KIDS COMMUNITY”).


SERVICE POLICY

BENETTON KIDS COMMUNITY is offering you software products together with some services which are intended to expand your communication facilities. BENETTON KIDS COMMUNITY trusts that you will use these facilities to promote the flowing exchange of information and exercise your freedom of expression in accordance with this following general terms and conditions of service ("Policy"). Your violation of this Policy may result, among other things, in the suspension or cancellation of your access to the BENETTON KIDS COMMUNITY web page, system, software, servers, various directories and listings, various message and news boards, tools, information and databases (together with the BENETTON KIDS COMMUNITY Web site will be referred to as the "BENETTON KIDS COMMUNITY Services and Information").

All material within the BENETTON KIDS COMMUNITY (including, but not limited to: all texts, software, the source codes for HTML, Java and Flash, photos, videos, graphics, music and sounds) is copyrighted. The downloading and use of any such material – also if not downloaded or obtained directly form BENETTON KIDS COMMUNITY- is permitted only and exclusively for your private consumption and only and exclusively if you strictly comply with all applicable laws, rules and regulations and with this Policy, being understood that you shall not use such material to duplicate, replicate, transmit, market, publish, or commercially exploit it by other means in an electronic or other form within another data format, or in other ways, for any scope or purpose whatsoever, beyond your private consumption.


RISKS

You acknowledge that there are certain risks inherent to the use of the BENETTON KIDS COMMUNITY Services and Information. These include, but are not limited to, disclosure of confidential information (including personal details), the improper operation of BENETTON KIDS COMMUNITY Services and Information (such as failing to function or to function correctly), and the risk that third parties directly or impersonating themselves as someone they are not, will contact you or attempt to contact you as a result of BENETTON KIDS COMMUNITY's provision of and/or your use of BENETTON KIDS COMMUNITY Services and Information. IF YOU PUBLISH PERSONAL INFORMATION, THERE IS A POSSIBILITY THAT THIRD PARTIES COULD HARASS YOU, ATTEMPT TO CONTACT YOU, AND, TRY TO HARM YOU. THEREFORE, IT IS IMPORTANT THAT YOU CAREFULLY CONSIDER BEFORE DISCLOSING AND PUBLISHING PERSONAL INFORMATION AND THAT YOU UNDERSTAND THAT ANY SUCH DISCLOSURE AND PUBLISHING ARE MADE BY YOU AT YOUR OWN RISK.


DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF BENETTON KIDS COMMUNITYSERVICES AND INFORMATION IS AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF BENETTON KIDS COMMUNITYSERVICES AND INFORMATION IS GIVEN OR ASSUMED BY BENETTONP KIDS COMMUNITY. BENETTON KIDS COMMUNITYMAKES NO WARRANTY THAT BENETTON KIDS COMMUNITYSERVICES AND INFORMATION WILL MEET YOUR REQUIREMENTS, OR THAT BENETTON KIDS COMMUNITYSERVICES AND INFORMATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;

BENETTON KIDS COMMUNITY MAKES NO REPRESENTATIONS AND EXTEND NO WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH BENETTON KIDS COMMUNITYSERVICES AND INFORMATION FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY PROVIDED BY THE USERS. THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH BENETTON KIDS COMMUNITYSERVICES AND INFORMATION IS NOT REVIEWED, CONTROLLED OR EXAMINED BY BENETTON KIDS COMMUNITYIN ANY WAY BEFORE IT APPEARS ON BENETTON KIDS COMMUNITYSERVICES AND INFORMATION. BENETTON KIDS COMMUNITYDOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF THEIR MESSAGES AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE CONTENTS OF THEIR MESSAGES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS).

BENETTON KIDS COMMUNITY reserves all rights to remove any material which it becomes aware of that is unlawful or which it considers, in its sole discretion, to be potentially unlawful or simply inappropriate, or to violate this Policy or that could subject BENETTON KIDS COMMUNITY to liability.

BENETTON KIDS COMMUNITY reserves the rights and the sole discretion to make improvements, and/or change the BENETTON KIDS COMMUNITY and/or the BENETTON KIDS COMMUNITY Services and Information, as well as to cease to publish this BENETTON KIDS COMMUNITY and/or to provide the BENETTON KIDS COMMUNITY Service and Information. Moreover, it reserves the right and sole discretion to delete, remove or cease to publish any and all the contents, messages, information, data, material, pictures, video, photo, are actually or will be published herein or the ones that you have or will post, upload, submit, sent or in any way provide to BENETTON KIDS COMMUNITY for transmission.


LIMITATION OF LIABILITY

IN NO EVENT SHALL BENETTON KIDS COMMUNITYBE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE, DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO THE INFORMATION OR THE TRANSMISSION OR THE DELIVERY OF MESSAGES OR THE CONTENTS OR ANY PART THEREOF, OR FOR THE RESULTS OBTAINED FROM THE CONTENTS OF THE MESSAGES), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF OR OCCASIONED BY THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF BENETTON KIDS COMMUNITYSERVICES AND INFORMATION EVEN IF BENETTON KIDS COMMUNITYSHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.

BENETTON KIDS COMMUNITY may contain third party’s links, including links to users own web sites or lists. These links allow you to exit from BENETTON KIDS COMMUNITY, and to enter into third party’s or other users web sites. These links are provided to users as a convenience by BENETTON KIDS COMMUNITY. The inclusion of a link does not imply endorsement of the link site by BENETTON KIDS COMMUNITY. The links are not controlled, overviewed or examined by BENETTON KIDS COMMUNITY. BENETTON KIDS COMMUNITY is not responsible for the contents of any link site or any link contained in any link site. In no event shall BENETTON KIDS COMMUNITY for an damage arising of or occasioned by the creation or use of third party’s web site or other users web site or lists or the information or material accessible from link site or lists. BENETTON KIDS COMMUNITY reserves all rights to remove, add, decline, without warning, any icon or link to a link or list of web sites.

BENETTON KIDS COMMUNITY has no practical ability to restrict all conduct, communications or content which might violate this Policy prior to its transmission on or through the BENETTON KIDS COMMUNITY Services and Information, nor can BENETTON KIDS COMMUNITY ensure prompt removal of any such communications or content after transmission or posting. Accordingly, BENETTON KIDS COMMUNITY does not assume liability to users or others for any failure to enforce the terms of this Policy.

TERMS OF USE

You agree not to post any message containing, or otherwise use, any obscene or offensive language or post anywhere else on or through the BENETTON KIDS COMMUNITY Services and Information any material that is an invitation to fast money making schemes, defamatory, pornographic, racial, abusive or hateful, may constitute junk mail, unauthorized advertising or harassment, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. You agree to use the BENETTON KIDS COMMUNITY Services and Information for private personal use only and refrain from any use for unlawful purposes.

You further agree not to use the BENETTON KIDS COMMUNITY software nor any other software or application to attempt to override the BENETTON KIDS COMMUNITY privacy and security features or any other operation rule of the BENETTON KIDS COMMUNITY Services and Information including without limitation for spoofing, sniffing, eavesdropping, imposturing or spamming other users, breaking passwords, harassment, fraud, forgery, electronic trespassing, tampering, hacking, nuking, system contamination including without limitation use of viruses, worms and Trojan horses causing unauthorized damaging or harmful access and/or retrieval of information and data.

You are solely responsible for ensuring that any material or information you post anywhere on or through the BENETTON KIDS COMMUNITY- including but not limited to text, photographs, and sound - does not violate the copyright, trademark, trade secret, or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. You agree that by posting any material or information anywhere on the BENETTON KIDS COMMUNITY Services and Information you surrender your copyright and any other proprietary right in the posted material or information. You further agree that BENETTON KIDS COMMUNITY is entitled to use at its own discretion any of the posted material or information in any manner it deems fit, including, but not limited to, publishing the material or distributing it.

IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE QUALITY, ADEQUACY, ACCURACY, COMPLETENESS, CURRENTNESS, VALIDITY AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION OBTAINED OR ACCESSIBLE THROUGH THE BENETTON KIDS COMMUNITY SERVICES AND INFORMATION.

You agree to indemnify BENETTON KIDS COMMUNITY, its employees, agents, and representatives, and to hold them harmless, from any and all losses, claims and liabilities (including attorneys fees) which may arise from your submissions, posting of information or deletion thereof, from your use of any of the BENETTON KIDS COMMUNITY Services and Information or any other service and/or material obtained from or accessible through any services provided on this Site, or from your breach of these rules or any other agreement between you and BENETTON KIDS COMMUNITY.

You further agree that BENETTON KIDS COMMUNITY. is not responsible, and shall have no liability to you or anyone else, for any material posted by others, including defamatory, offensive, or illicit material, and that the risk of damage from such material rests entirely with you.

You agree not to disrupt or interfere with the BENETTON KIDS COMMUNITY Services and Information or any other services provided on this page, nor to alter or tamper with any information or materials on or associated thereto. You agree not to attempt to penetrate security measures of BENETTON KIDS COMMUNITY, whether or not the intrusion results in corruption or loss of data.

The access to BENETTON KIDS COMMUNITY's various directories, databases and listings is provided by BENETTON KIDS COMMUNITY as a convenience. BENETTON KIDS COMMUNITY users and those wishing to contact BENETTON KIDS COMMUNITY users are granted limited access to BENETTON KIDS COMMUNITY's various directories, databases and listings solely for the purpose of allowing more convenient personal communications over the BENETTON KIDS COMMUNITY system and products. Any other use or attempt to use BENETTON KIDS COMMUNITY's various directories, databases and listings for commercial, or other purposes or for systematic retrieval of data and information stored in BENETTON KIDS COMMUNITY's various directories, databases and listings and any kind of copying or reproduction of the data, or any part thereof, stored in BENETTON KIDS COMMUNITY's various directories, databases and listings to any other location or server for further reproduction or distribution is strongly prohibited.

You acknowledge that you are expressly prohibited from utilizing the BENETTON KIDS COMMUNITY forum, BENETTON KIDS COMMUNITY servers, BENETTON KIDS COMMUNITY End-User software nor any of the BENETTON KIDS COMMUNITY Services and Information in connection with data mining of any kind, commercial use, the sending of unsolicited electronic mail or other forms of messages, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of the BENETTON KIDS COMMUNITY forum or BENETTON KIDS COMMUNITY's various directories, databases and listings (a message is unsolicited if it is sent to a recipient who has not requested or invited the message. Mass mailing is mailing of messages in quantities exceeding reasonable personal use. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.)

You agree to refrain from revealing your password to others or allowing others to use your BENETTON KIDS COMMUNITY account (other than authorized users in your household).

You agree to refrain from forging any message header, in part or whole, of any electronic transmission, originating or passing through the BENETTON KIDS COMMUNITY environment, distributing viruses to, from or through the BENETTON KIDS COMMUNITY Services and Information and allowing access to the BENETTON KIDS COMMUNITY servers through your BENETTON KIDS COMMUNITY account for the purpose of operating a server of any type or for any other purpose which is not common personal use.

If any part of this Policy is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

BENETTON KIDS COMMUNITY reserves the right, at its discretion, to make changes to the present Policy . When such terms are changed, BENETTON KIDS COMMUNITY will notifiy you by e-mail or by publishing details of those changes by including them at the end of these document. If you use the BENETTON KIDS COMMUNITY Services and Information after BENETTON KIDS COMMUNITY has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the BENETTON KIDS COMMUNITY Services and Information any further after they are published at the end of these document or after you receive notice of them.


TERMS OF SERVICE

BY UPLOADING, POSTING, SENDING OR SUBMITTING PHOTOGRAPHS, PICTURES, IMAGES OR ANY OTHER CONTENT INCLUDING WITHOUT LIMITATION, GRAPHICS, VIDEOS, DATA, TEXTS, FILES, LINKS, SOFTWARE, MUSIC, SOUNDS, ("CONTENT") TO BENETTON KIDS COMMUNITY YOU ARE CONSENTING TO BE BOUND BY THESE BENETTON KIDS COMMUNITY VIDEO SUBMISSION TERMS OF USE AND BY THE APPLICABLE PROVISIONS OF THE BENETTON KIDS COMMUNITYPOLICY ( HEREINAFTER REFERRED TO AS THE "BENETTON KIDS COMMUNITY TERMS OF SERVICE") . IF YOU DO NOT AGREE, DO NOT UPLOAD, POST, SEND OR SUBMIT ANY CONTENT TO BENETTON KIDS COMMUNITY.

You hereby grant BENETTON KIDS COMMUNITY, its affiliates, subsidiaries, assignees, licensees, and legal representatives ("BENETTON KIDS COMMUNITY") the irrevocable, perpetual, worldwide license to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Content (as such may be edited and modified by BENETTON KIDS COMMUNITY in its discretion) through the BENETTON KIDS COMMUNITY Web page, BENETTON KIDS COMMUNITY Software and such other products or services as BENETTON KIDS COMMUNITY may designate in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes.

While you retain ownership of all right, title, and interest in the Content itself, you agree that BENETTON KIDS COMMUNITY owns all right, title, and interest in any compilation, collective work or other derivative work created by BENETTON KIDS COMMUNITY using or incorporating the Content. You represent and warrant that (i) the Content does not and shall not infringe on any copyright or any other third party right nor violate any applicable law or regulation, (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the Content, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity.

You acknowledge that you (and not BENETTON KIDS COMMUNITY) are solely liable for any damage resulting from infringement of copyrights, proprietary rights or any other intellectual property rights, or any other harm or damage arising from your submission and BENETTON KIDS COMMUNITY's display of any Content. You hereby hold BENETTON KIDS COMMUNITY harmless from and against any third party claim arising from use of the Content.

You further understand, and thereby authorize, that your photograph, video and any other Content may be accessed, viewed, stored or reproduced by BENETTON KIDS COMMUNITY, or by third parties authorized by BENETTON KIDS COMMUNITY to such purpose, and viewed by any of BENETTON KIDS COMMUNITY's members or other visitors to the BENETTON KIDS COMMUNITY Web page, or by users of authorized third parties. You waive any right to inspect or approve uses of the Content or to be compensated for any such uses.


USER CONDUCT

You agree that you will not upload, post, submit or send any Content to BENETTON KIDS COMMUNITY in order to distribute, facilitate distribution, or directly link to any content that: (1)is offensive, vulgar, sexually explicit, racial, hateful, discriminating, unlawful, invasive of another's privacy, exploitation of a minor, identifiable information of a minor, information or instructions concerning illegal activities, information that is harmful, violent, threatening, abusive, harassing, defamatory, libelous, tortuous, obscene, or otherwise objectionable; (2) harasses, threatens, abuses, defames, degrades, embarrasses or causes distress or discomfort upon another; (3) solicits for exchange, sale or purchase of sexually explicit images, and/or material harmful to minors; including, but not limited to, any photograph, film, video, or picture or computer generated image or picture (actual or simulated); (4) you don't have a right to transmit under any law, including but not limited to Content that infringes patent, trademark, trade secret, copyright or other proprietary right or violates any right of privacy or publicity; (5) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (6) disrupts the normal flow of information available on or through BENETTON KIDS COMMUNITY Web page or the BENETTON KIDS COMMUNITY Service or otherwise, interferes with or disrupts the functionality of BENETTON KIDS COMMUNITY, BENETTON KIDS COMMUNITY Service, servers or networks, directories, databases and listings; (7) is unsolicited advertising, promotional materials, or any other forms of solicitation; (8) intentionally or unintentionally violates any applicable local, state, national or international law or regulation; (9) impersonates in any way any person, entity, leader, BENETTON KIDS COMMUNITY official, operator or host; (10) collects or stores personal data about other users in any way or form or solicit or harvest passwords or screen names; (11 ) links to or refers to content not allowed under these BENETTON KIDS COMMUNITY Photo Submission Terms of Service; (12) otherwise uses the service in a manner which could be reasonably deemed as conflicting with the BENETTON KIDS COMMUNITY aim, as specified above, or, in any case, as inappropriate.


MISCELLANEOUS

BENETTON KIDS COMMUNITY reserves the right and the sole discretion to: refrain from publishing, delete or remove any photograph or any other Content posted, uploaded, submitted, sent, provided for display or transmitted or any part thereof;

BENETTON KIDS COMMUNITY may change from time to time, the BENETTON KIDS COMMUNITY Terms of Service. You agree that, by continuing to post, upload, submit or send Content to BENETTON KIDS COMMUNITY or by not removing any such Content you have previously posted, uploaded, submitted or sent to BENETTON KIDS COMMUNITY, beyond a period of 30 days after a notice of such change has been provided on BENETTON KIDS COMMUNITY for the first time, shall constitute your consent to the new or revised BENETTON KIDS COMMUNITY Terms of Service.

In case of contradiction between any provision of the BENETTON KIDS COMMUNITY Policy and any provision of this BENETTON KIDS COMMUNITY TERMS OF SERVICE, the provision of the BENETTON KIDS COMMUNITY Policy shall prevail, unless the provision of this document reflects narrower responsibility on behalf of BENETTON KIDS COMMUNITY than the relevant provision of the BENETTON KIDS COMMUNITY Policy.