Legal Disclaimer

      Please read this carefully. By entering or using BENETTONPLAY 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 BENETTONPLAY 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 BENETTONPLAY services, they accept their responsibility for the conduct of minors online, the access controls, as well as for the consequences arising from misuse of BENETTONPLAY services by minors.

      BENETTONPLAY is an Internet forum developed and operated by Fabrica S.p.A., 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 “BENETTONPLAY”, being understood that, if required by the context, also Fabrica S.p.A. may be reffererd to as “BENETTONPLAY”).

      Privacy Policy

      BENETTONPLAY observes your privacy and abides strictly by the Italian applicable data protection laws, rules and regulations. Your personal details, as voluntarily submitted by you, are collected or processed by BENETTONPLAY, during registration and access to BENETTONPLAY web site and services, to the only and exclusive scope of providing the BENETTONPLAY Services with the exclusion of any purpose of advice, advertising and market research. The personal data are processed with automatic information tools, and specific measures are adopted to preserve them from unauthorized accesses or illegal uses. Responsible for this data processing is Fabrica S.p.A., to which you can address, as provided by art. 13 Law no. 675/1996, any requests about your personal data, there included requests for their modification or cancellation.

      Service Policy

      BENETTONPLAY is offering you software products together with some services which are intended to expand your communication facilities. BENETTONPLAY 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 BENETTONPLAY web page, system, software, servers, various directories and listings, various message and news boards, tools, information and databases (together with the BENETTONPLAY Web site will be referred to as the "BENETTONPLAY Services and Information").

      All material within the BENETTONPLAY (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 BENETTONPLAY - 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 BENETTONPLAY Services and Information. These include, but are not limited to, disclosure of confidential information (including personal details), the improper operation of BENETTONPLAY 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 BENETTONPLAY's provision of and/or your use of BENETTONPLAY 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 BENETTONPLAY SERVICES 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 BENETTONPLAY SERVICES AND INFORMATION IS GIVEN OR ASSUMED BY BENETTONPLAY. BENETTONPLAY MAKES NO WARRANTY THAT BENETTONPLAY SERVICES AND INFORMATION WILL MEET YOUR REQUIREMENTS, OR THAT BENETTONPLAY SERVICES AND INFORMATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;

      BENETTONPLAY MAKES NO REPRESENTATIONS AND EXTEND NO WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH BENETTONPLAY SERVICES 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 BENETTONPLAY SERVICES AND INFORMATION IS NOT REVIEWED, CONTROLLED OR EXAMINED BY BENETTONPLAY IN ANY WAY BEFORE IT APPEARS ON BENETTONPLAY SERVICES AND INFORMATION. BENETTONPLAY DOES 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).

      BENETTONPLAY does not actively monitor nor does it exercise any editorial control over the contents of any Web site, message or other material or information created, obtained or accessible through the BENETTONPLAY Services and Information. However, BENETTONPLAY 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 BENETTONPLAY to liability .

      BENETTONPLAY reserves the rights and the sole discretion to make improvements, and/or change the BENETTONPLAY and/or the BENETTONPLAY Services and Information, as well as to cease to publish this BENETTONPLAY and/or to provide the BENETTONPLAY 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 BENETTONPLAY for transmission.

      Limitation of Liability

      IN NO EVENT SHALL BENETTONPLAY BE 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 BENETTONPLAY SERVICES AND INFORMATION EVEN IF BENETTONPLAY SHALL 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.

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

      BENETTONPLAY has no practical ability to restrict all conduct, communications or content which might violate this Policy prior to its transmission on or through the BENETTONPLAY Services and Information, nor can BENETTONPLAY ensure prompt removal of any such communications or content after transmission or posting. Accordingly, BENETTONPLAY 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 BENETTONPLAY 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 BENETTONPLAY Services and Information for private personal use only and refrain from any use for unlawful purposes.

      You further agree not to use the BENETTONPLAY software nor any other software or application to attempt to override the BENETTONPLAY privacy and security features or any other operation rule of the BENETTONPLAY 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 BENETTONPLAY - 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 BENETTONPLAY Services and Information you surrender your copyright and any other proprietary right in the posted material or information. You further agree that BENETTONPLAY 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 BENETTONPLAY SERVICES AND INFORMATION.

      You agree to indemnify BENETTONPLAY, 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 BENETTONPLAY 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 BENETTONPLAY.

      You further agree that BENETTONPLAY. 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 BENETTONPLAY 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 BENETTONPLAY , whether or not the intrusion results in corruption or loss of data.

      The access to BENETTONPLAY's various directories, databases and listings is provided by BENETTONPLAY as a convenience. BENETTONPLAY users and those wishing to contact BENETTONPLAY users are granted limited access to BENETTONPLAY 's various directories, databases and listings solely for the purpose of allowing more convenient personal communications over the BENETTONPLAY system and products. Any other use or attempt to use BENETTONPLAY 's various directories, databases and listings for commercial, or other purposes or for systematic retrieval of data and information stored in BENETTONPLAY 's various directories, databases and listings and any kind of copying or reproduction of the data, or any part thereof, stored in BENETTONPLAY '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 BENETTONPLAY forum, BENETTONPLAY servers, BENETTONPLAY End-User software nor any of the BENETTONPLAY 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 BENETTONPLAY forum or BENETTONPLAY '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 BENETTONPLAY 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 BENETTONPLAY environment, distributing viruses to, from or through the BENETTONPLAY Services and Information and allowing access to the BENETTONPLAY servers through your BENETTONPLAY 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.

      BENETTONPLAY reserves the right, at its discretion, to make changes to the present Policy . When such terms are changed, BENETTONPLAY 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 BENETTONPLAY Services and Information after BENETTONPLAY 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 BENETTONPLAY 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 BENETTONPLAY YOU ARE CONSENTING TO BE BOUND BY THESE BENETTONPLAY VIDEO SUBMISSION TERMS OF USE AND BY THE APPLICABLE PROVISIONS OF THE BENETTONPLAY POLICY ( HEREINAFTER REFERRED TO AS THE "BENETTONPLAY TERMS OF SERVICE") . IF YOU DO NOT AGREE, DO NOT UPLOAD, POST, SEND OR SUBMIT ANY CONTENT TO BENETTONPLAY.

      You hereby grant BENETTONPLAY, its affiliates, subsidiaries, assignees, licensees, and legal representatives ("BENETTONPLAY") 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 BENETTONPLAY in its discretion) through the BENETTONPLAY Web page, BENETTONPLAY Software and such other products or services as BENETTONPLAY 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 BENETTONPLAY owns all right, title, and interest in any compilation, collective work or other derivative work created by BENETTONPLAY 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 BENETTONPLAY) 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 BENETTONPLAY's display of any Content. You hereby hold BENETTONPLAY 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 BENETTONPLAY, or by third parties authorized by BENETTONPLAY to such purpose, and viewed by any of BENETTONPLAY's members or other visitors to the BENETTONPLAY 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 BENETTONPLAY 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 BENETTONPLAY Web page or the BENETTONPLAY Service or otherwise, interferes with or disrupts the functionality of BENETTONPLAY, BENETTONPLAY 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, BENETTONPLAY 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 BENETTONPLAY Photo Submission Terms of Service; (12) otherwise uses the service in a manner which could be reasonably deemed as conflicting with the BENETTONPLAY aim, as specified above, or, in any case, as inappropriate.

      Miscellaneous

      BENETTONPLAY 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;

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

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


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