WARNING: THE ENGLISH VERSION OF THE TERMS AND CONDITIONS IS FOR PURELY INFORMATIONAL PURPOSE. IF ANY CONTRADICTION ARISE BETWEEN THE ENGLISH VERSION AND THE SPANISH VERSION, THE LATTER SHALL ALWAYS PREVAIL.
The terms and conditions set forth hereunder (hereinafter referred to as the “Terms of Service” or “TOS””) shall govern the access to and use of each and every web page to be found under the domain “massmilano.com”, and its respective sub-domains and sub-directories (hereinafter referred to as the “Web Site”), property of MASS INDESIGN INVESTMENTS SL, a commercial company with registered offices at Nuñez de Balboa 116, 28006 Madrid, Spain, incorporated for an indefinite term pursuant to public instrument and recorded at the Commercial Registry. Access to the Web Site and use of its content and services implies full and unreserved adherence to the Terms of Service set forth in the version published at the time the user accesses the same. The latest version of the Terms of Service may be consulted whenever so desired at the web site address massmilano.com. If a user decides not to accept the Terms in force, he or she must abstain from accessing the Web Site and/or from using the content and/or services available therein.
TERMS OF SERVICE PURPOSE OF THE TERMS OF SERVICE
The purpose of the Terms set forth herein is that of governing access to and utilisation of the Web Site. For the purposes of the Terms of Service set forth herein, Web Site shall be understood to mean: The external appearance (or “look and feel”) of the screen interfaces, both static and dynamic (that is to say, the navigation tree). The elements composing both the screen interfaces and the navigation tree, including but not limited to, any text, images, sounds, data bases, multi-media products, interpretation, artistic renderings, fixed images, photographs, radio diffusion signals and, in general, all and any creations and objects expressed through any medium or support, either currently known or which may be invented in the future, whether or not these be protected by the legal code in force for intellectual property or industrial issues or any other analogous legal systems (hereinafter referred to as the “Content”) and all those services and resources on line which, if this be the case, are offered to users (hereinafter referred to as the “Services”). MASS INDESIGN INVESTMENTS SL reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Web Site and its Content and Services contained therein. The user acknowledges and accepts that MASS INDESIGN INVESTMENTS SL may, at any time, discontinue, de-activate and/or cancel any of the Services and/or Content making up the Web Site.
ACCESS TO CONTENT AND SERVICES
In order to access to Web Site, a user must: have access to the internet, either directly or indirectly through an access device; pay the corresponding access and connection fees, and be in possession of the computer equipment and systems necessary to connect to the internet, including an adequate terminal for such purpose (a computer, telephone, etc.) and a modem or other analogous or similar mechanism. For the correct use, visualisation and implementation of certain Content and Services of the Web Site, the user may need to download in his or her computer equipment certain computer programmes or other logical elements. The installation cost of these shall be borne by the user, and MASS INDESIGN INVESTMENTS SL hereby declines any kind of liability which may derive from same. The user undertakes to abstain from accessing the Content and/or Services of the Web Site by any means other than that of the screen interface provided by MASS INDESIGN INVESTMENTS SL for such purpose.
In order to access certain Content or Services, MASS INDESIGN INVESTMENTS SL may require that a registration form be filled in and sent. In this case, the user must provide the information requested. In respect of the registration process, the user undertakes to: facilitate true, exact and complete details of his or her identity, and update these registration details in such manner that they remain true, exact and complete. A user may not select as user name or password any word and/or expression which, in general, may contravene the law or normal moral demands and generally accepted good conduct, nor, in general, any word and/or expression upon which any right is held excluding utilisation by the user of same. To this end, the user may not select words or expressions which are rude or offensive, insulting, slanderous or in any way identical or similar to, or in any manner coincide with, distinguishing signs, trade names or names, surnames, artistic names and/or pseudonyms of third parties. Should the user facilitate any false, inexact or incomplete data, or should MASS INDESIGN INVESTMENTS SL have sufficient cause to suspect that such information is false, inexact or incomplete, or if this information were contrary to law or moral demands or generally accepted good conduct, pursuant to the provisions of the foregoing paragraph, MASS INDESIGN INVESTMENTS SL shall be entitled to cancel such registration and deny access and use, in the present or in the future, to the Web Site or to any of the Content or Services incorporated therein. The user undertakes to make diligent use of his or her user name and password, as well as to maintain such words in confidentiality. User agrees to be entirely responsible for any and all activities that may take place through the use of such user names and password. The user may cancel and de-activate his or her registration at any time, using his or her user name and password. The user hereby acknowledges and accepts that MASS INDESIGN INVESTMENTS SL reserves the right to cancel any registration de-activated for an unreasonable length of time.
REGULATIONS FOR USE OF THE WEB SITE
The user hereby undertakes to use the Web Site and the Content or Services incorporated therein in a diligent and correct manner. Likewise, the user undertakes to abstain from using the Web Site: to carry out activities contrary to law, ethics, generally accepted good conduct or established public order, and for illicit, prohibited or harmful purposes or effects. MASS INDESIGN INVESTMENTS SL hereby declines any liability which could derive from the foregoing. The user acknowledges and accepts that he or she shall make use of the Web Site and the Content and/or Services incorporated therein for strictly personal, private and particular purposes. The user is hereby strictly forbidden to authorise third parties to totally or partially use the Web Site, or to introduce, or incorporate as or into, his or her own commercial activities, the Content and/or Services therein incorporated. The use or application of any technical, logical or technological resources pursuant to which users may benefit, directly or indirectly, with or without profit, from non-authorised exploitation of the Content and/or Services or the Web Site itself is hereby strictly prohibited. The user undertakes not to damage, render useless, overload or deteriorate the equipment and computer or telecommunications systems of MASS INDESIGN INVESTMENTS SL or any third party, or the content incorporated and/or stored in same. The user undertakes to abstain from using the Content and Services in any manner which could damage, render useless, overload or deteriorate the Web Site or impede normal utilisation or enjoyment of the same by other users. The user undertakes to abstain from modifying the equipment and systems of MASS INDESIGN INVESTMENTS SL in any manner whatsoever, and from using modified versions of equipment and systems with a view to obtaining non-authorised access to any Service and/or Content of the Web Site. The user undertakes not to interfere with or interrupt access to and use of the Web Site, servers or networks connected to same, or fail to comply with the requirements, procedures and regulations governing internet connection policy.
WEB SITE CONTENT AND SERVICES
GUARANTEES AND LIABILITY
Unless law expressly provides otherwise, or unless expressly otherwise stated, the user hereby expressly acknowledges and accepts that MASS INDESIGN INVESTMENTS SL grants no guarantee of any nature, be this express or implicit, in respect of the Web Site or the Content and Services incorporated therein, including but not limited to: The availability and continuity of the functioning of the Web Site and, in particular although not exclusive to, the fact that users may effectively utilise the Web Site, the Content and the Services, access the different web pages making up the Web Site or those from which Services are loaned. The level of quality, interfacing and functioning of the Web Site, or the Services and/or Content incorporated therein. The interruption, suspension or cancellation of access to the Web Site and the Content and/or Services incorporated therein. The adaptation of the Web Site and the Services and/or Content incorporated therein for any particular purpose. The certainty, integrity, exactness and/or updating of the Content, Services, products, texts, graphics, links or any other elements incorporated in the Web Site, or any results which may be obtained from the access and/or use of this web site or its content. MASS INDESIGN INVESTMENTS SL hereby expressly declines any responsibility for error or omission in the information contained in the pages of this Web Site, or the lack of veracity, exactness, thoroughness, relevance and/or updating of the Content, including any differences in prices which may exist between those indicated on the Web Site and those appearing on the tickets attached to garments (the prices marked on the ticket will always be the correct ones). Unauthorised access and alteration of data stored and transmitted through the Web Site or the services offered in this connection. The absence of viruses or other elements in the content, which could produce alterations in the computer system (software and hardware) or in the electronic documents and indexes stored in the computer system. The user is aware of, and voluntarily accepts, that use of the Web Site, the Services and the Content takes place, in all cases, at his or her own risk, for which reason he or she shall adopt all measures necessary for the purposes of minimising risks, including any security measures which may be necessary to guarantee anti-virus and data recovery procedures. Thus, unless law expressly dictates otherwise, and exclusively insofar as this is imposed, MASS INDESIGN INVESTMENTS SL neither guarantees nor assumes any responsibility whatsoever in respect of access to and use of the Web Site and its Content and/or the Services incorporated therein.
Without prejudice to the foregoing, MASS INDESIGN INVESTMENTS SL shall not be liable for delays or faults produced in access to, functioning and operating of the Web Site, its Content and/or Services, nor for any interruption, suspension or faulty functioning of the same whenever this is caused by breakdown due to natural catastrophes such as earthquakes, floods, lighting or fire, situations of force majeure, situations of extreme emergency such as war, military operations, civil disturbance, strikes, closures by management or any other situation of force majeure or fortuitous cause.
In order to use or access certain Services and/or Content, MASS INDESIGN INVESTMENTS SL may require users to fill out certain registration forms which necessarily entail the facilitating of certain details of a personal nature. MASS INDESIGN INVESTMENTS SL shall treat such details in accordance with the purposes and on the terms described in each case. When filling out and sending any form incorporated in the Web Site, the user hereby expressly consents to and authorises MASS INDESIGN INVESTMENTS SL to collect, automate or hand over, according to each case, details of a personal nature requested from the company, according to the purposes and on the terms described in each case. MASS INDESIGN INVESTMENTS SL has adopted and shall adopt all and any technical and organisational security measures which are compulsory under current legislation and the quality standards existing within the sector, with a view to guaranteeing maximum security and confidentiality of communications. MASS INDESIGN INVESTMENTS SL guarantees that inspections to avoid any breach of security or other negative consequences exist, adopting the most adequate organisational and technical procedures with a view to minimising such risks. Irrespective of the foregoing, the user acknowledges and accepts that security measures in Internet are not indefeasible. The networks used in Internet are not safe and any communication sent through this means can be intercepted or modified by unauthorised persons. Despite the foregoing, MASS INDESIGN INVESTMENTS SL hereby warns that the current state of technology does not guarantee non-violation of security systems or the inviolability of communications when these are transported through any telecommunications networks. Hence, MASS INDESIGN INVESTMENTS SL cannot guarantee the full privacy and safety of the utilisation of the Web Site and its Content and/or Services nor, in particular, that unauthorised third parties may not become aware of the type, conditions, characteristics and circumstances of the use made by users of the Web Site and its Content and/or Services.
INFORMATION ABOUT COOKIES
INTELLECTUAL, INDUSTRIAL PROPERTY RIGHTS AND OTHERS
Governing Law This Web Site, as well as its Content, Services and elements, are the property of or fall under the control of MASS INDESIGN INVESTMENTS SL, and are protected, with no limitation whatsoever, by the intellectual property and industrial laws of the kingdom of Spain, and by any applicable international Treaties and Conventions. MASS INDESIGN INVESTMENTS SL Proprietary Rights Mass Milano holds exclusive good title to the intellectual property and industrial property rights and any other analogous right inherent to the Web Site. Likewise, MASS INDESIGN INVESTMENTS SL reserves the rights over any Content, Services or elements it owns and which are incorporated in the Web Site, including but not limited to: those elements forming the visual appearance, the graphics or illustrated images and other sensorial stimuli on the web pages making up the Web Site; the navigation architecture; the source codes of the Web Site; photographs, recordings, computer programmes, data bases, technology, logotypes, and distinguishing signs. All of the foregoing shall be collectively referred to hereinafter as the “Property”. Property of third parties The user acknowledges and accepts that content and services owned by third parties, whose rights are protected by the applicable legislation in matters concerning intellectual and industrial property rights, rights to exploit the commercial and publicity value of image and other analogous rights, according to each case, are accessible on the Web Site. Rights reserved The user undertakes to abstain from withdrawing, removing, manipulating or in any other manner modifying: Any notes, legends, indications or symbols which either Massimi Dutti or the legitimate owners of the rights may incorporate in their properties in matters concerning intellectual or industrial property (such as, for example, copyright, ©, ®, and ™, etc.). The technical data protection or identification systems which may be contained in the Content (such as, for example, water marks, finger prints, etc.).
Users and, in general, all those persons who intend to establish a link between their web page and the Web Site, must comply with the conditions listed hereunder. Any intention to establish a link in any manner other than that stipulated in this clause shall require prior written acceptance from MASS INDESIGN INVESTMENTS SL: A user may not reproduce, nor totally or partially imitate, the content of the Web Site nor its illustrated graphic appearance, (“look and feel”), nor may he or she produce frames (“frames”) nor assembled links (“link inline”) of the MASS INDESIGN INVESTMENTS SL pages. No browser, frame or navigation bar or environment may be created on the Web Site pages. No false, inexact, incorrect or denigrating statement may be made in respect of the Web Site, MASS INDESIGN INVESTMENTS SL or any other MASS INDESIGN INVESTMENTS SL Property and, in particular, nor shall it be stated or given to be understood that MASS INDESIGN INVESTMENTS SL collaborates with or is a collaborating partner of, or has in any other manner supervised or assumed in any way, the content or services offered or placed at the disposal of the web page to which the link is established. The web page to which the link is established shall not contain any trade mark, commercial name, notice of establishment, denomination, logotype, slogan or other distinguishing sign which are the property of MASS INDESIGN INVESTMENTS SL, with the exception of those signs forming part of the same link or other Property which held a prior written licence from MASS INDESIGN INVESTMENTS SL. The web page to which the link is established shall not contain any information or content which may be illicit or contrary to morals and generally accepted ethical conduct and public order, nor shall it contain any content or services contrary to any third-party rights.
TERMINATION OF LICENCES
INFRINGEMENT NOTIFICATION PROCEDURE
Should any user or third party consider that events or circumstances exist which reveal the illicit nature of the utilisation of any content and/or services, or engagement in any illicit activity in the pages included on the Web Site or through the Services rendered, he or she may contact the Legal Department at the registered offices of MASS INDESIGN INVESTMENTS SL indicated above, facilitating the following information: The name, surnames, national identity card number, address, telephone number and electronic mail address of the claimant, as well as, if this be the case, the signature of the holder of the rights supposedly infringed or, should this be the case, of the person authorised to act on his or her behalf and representation. Identification of the supposedly illicit activity in question, and, in particular, whenever dealing with a supposed violation of intellectual and industrial property rights, and a precise and detailed description of the content protected, as well as its exact location.
TERM AND MODIFICATION
GOVERNING LAW AND JURISDICTION
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