Terms and conditions
Art. 1 OWNERSHIP OF THE WEBSITE; SCOPE OF LICENCE
- 1.1 This general terms and conditions, as duly amended hereafter, together with the other information published on the website www.mondadoriportfolio.it ( hereinafter “the Terms ”) shall govern the granting of the rights to reproduce the photographic images (hereinafter “the Photographs”) by Arnoldo Mondadori Editore S.p.A. (hereinafter “Mondadori”), having its registered office in Milan, Via Bianca di Savoia, 12, corporate capital Euro 64,079,168.40 fully paid in, Fiscal Code and Company Registration with the Register of Enterprises of Milan no. 07012130584, VAT no. 08386600152, being the owner of the “Mondadori Portfolio” photographic archive available on the website www.mondadoriportfolio.it (hereinafter “the Website”), under the terms and within the limits set out below.
- 1.2 Mondadori owns the Website www.mondadoriportfolio.it unless otherwise indicated, Mondadori owns all content published or displayed on the Website.
- 1.3 In no event the Terms will modify the terms and conditions of any other agreement which may have been signed between the user of the Website (hereinafter “the Customer”) and Mondadori.
- 1.4 The Customer, wishing to acquire the rights to reproduce the Photographs, hereby represents and warrants that he/she is 18 years or more old and has legal capacity to accept these Terms.
Art. 2 RIGHTS GRANTED BY MONDADORI; DURATION OF THE CONTRACT; HOW TOUSE THE PHOTOGRAPHS
- 2.1 Mondadori hereby grants to the Customer a non-exclusive rights to reproduce the Photographs, for one use only, in one publication or product only i.e. any physical object on which the Photographs will be printed) (hereinafter “the Product”) and for a limited period of time (three months from the date of purchase). The Publication by means of the same Product distributed through another channel (“distribution channel” meaning any one of: printed papers, online material, websites, multimedia applications, blogs, social networks, videos &c.) shall be considered as a new use, for which a new purchase of the photograph is necessary.
- 2.2 Mondadori authorizes reproduction of the Photographs for teaching and publishing purposes only; for any other use Mondadori reserves the right to authorize such reproduction time to time.
- 2.3 In particular , Mondadori authorizes the reproduction of the Photographs only for the uses and within the territories indicated by the Customer upon the “formulation of the order” (in the section “shopping cart”), or as otherwise agreed and accepted by Mondadori. In the case of publishing use, for instance, the right to reproduce the Photographs are granted hereunder for one edition only, and only for the title, the number of copies, the format and geographic area of distribution indicated in the “formulation of the order ” section.
- 2.4 The reproduction of the Photographs shall take place within three months from their purchase, after which the Customer must destroy them. Any further re-use of the Photographs thereafter (in another edition, for instance, or in another territory) shall be expressly authorized by Mondadori.
- 2.5 The Customer is expressly forbidden to sub-license the Photographs or assign to any other person the reproduction rights therein which have been granted by Mondadori.
- 2.6 The Customer may not modify the Photographs in the version provided in any way and undertakes to mention the author of the Photographs and Mondadori Portfolio agency. In particular, the Customer undertakes to mention alongside each published Photograph the relevant credits in full: the name of the photographer and the words “Mondadori Portfolio” (hereinafter “the Credits”). failure to mention the Credits shall entitle Mondadori to invoice a further 100% of the price agreed for each Photograph, without prejudice to Mondadori’s right to claim greater damages.
- 2.7 The Customer agrees to send to Mondadori a copy of or video of the publications in which the Photographs are reproduced, so that Mondadori can check that they are being duly used in accordance with the contract.
- 2.8 Mondadori provides the Customer with the Photographs each accompanied by its caption and refuses any liability in the event the captions are amended, either in whole or in part, when used.
- 2.9 Mondadori does not warranty and does not take any liability as for the availability of the Photographs on the Website in future
- 2.10 Unless special arrangements have been made, the Customer must acquire authorization for the use of the image of the subjects portrayed.
Unless special arrangements have been made, the Customer shall acquire permission for reproduction of trademarks, logos, and industrial designs covered by industrial property rights and/or copyrights."
- 2.11 Mondadori is entitled to restrict the Photographs or remove them from the Website for any reason whatsoever.
- 2.12 The Customer undertakes to use the Website and any content thereof in accordance with all applicable laws.
Art. 3 TRADEMARKS; GRAPHICS; LINKS
- 3.1 All contents of the Website www.mondadoriportfolio.it ,including texts, documents, trademarks, logos, images and other graphics, together with their layout and adaptations thereof, are protected by statutory provisions concerning copyright and the protection of trademarks (the Italian Copyright Act, Law No. 633 of 22 April 1941, as amended, and Royal Decree No. 929 of 21 June 1942, as amended) and by all current relevant laws and regulations.
- 3.2 It is strictly forbidden copying, imitating or using in whole or in part trademarks, logos or other names, products or slogans contained in the Website without Mondadori’s prior express and written consent.
Art. 4 METHOD FOR EXECUTING THE ON LINE CONTRACT
- The on line contract granting the rights to reproduce the Photographs is executed through internet by accessing the Website. After registering and following the procedures listed on the “register” page, the Client must first accept these contract Terms before obtaining the rights to reproduce the Photographs.
Art. 5 OWNERSHIP OF THE RIGHTS IN THE PHOTOGRAPHS
- Mondadori represents and warrants that it is the owner or licensee of the rights to reproduce the Photographs contained in in its photographic archive “Mondadori Portfolio” and that it is entitled to license those rights to the Customer under the terms and within the limits set out herein.
Art. 6 RIGHT TO REPRODUCE THE WORKS OF ART PORTRAYED IN THE PHOTOGRAPHS
- Unless agreed otherwise the Customer will be obliged to acquire any rights to reproduce the works of art portrayed in the Photographs from their respective owners, who may for example include the owners of the selfsame works of art or their assignees (heirs, SIAE &c.), the Italian State, Museums, Superintendence or other public or private bodies ,both Italian or foreign, or any other owner or consignee of the selfsame works. To this purpose Mondadori shall accordingly provide the Customer with all the information, if any, but without prejudice to the latter’s obligation to verify such information and to acquire the necessary authorizations, paying any fee demanded by the assignees.
Art. 7 FEE AND MANNER OF PAYMENT
- 7.1 In order to be granted the rights to reproduce the Photographs, the Customer must give an order as explained on the Website and then immediately pay the fee indicated in the “Order Summary” (including VAT), by Visa, MasterCard or American Express credit card. Once payment has been made, Mondadori shall send to the Customer a regular invoice.
- 7.2 Payments made on the Website are and will remain protected by an advanced security system of online data.Payments by credit card are handled by a secure server operated by a qualified third-party company duly authorized under current legislation to perform such services: therefore the credit card details are only processed by the organization which, being duly authorized under current legislation, provides the service of payment with the Customer’s credit card (hereinafter “the Payments Administrator”) . As a consequence, Mondadori will therefore have no access to the credit card details, but will only handle details of the Customer. In no event, Mondadori shall be liable for any fraudulent use of the Customer’s credit card details by any third party : in the event of such fraudulent use the Customer must immediately contact Mondadori, which in turn shall inform the Payments Administrator.
- 7.3 Mondadori may, at its own discretion, authorize the Customer who has made several orders to pay the amount due on a monthly basis, by means of bank transfer on the account of Arnoldo Mondadori Editore S.p.A. – Bank Institute of Monte dei Paschi di Siena - Segrate branch (IBAN IT19T0103020602000004851638 – BIC/Swift code: PASCITMMXXX).
Art. 8 DELIVERY
- 8.1 The Photographs shall be delivered in high resolution, as follows indicated:
- a) upon confirmation that payment has been received as explained in Art. 7.1, the Customer will receive an e-mail containing a copy of these Terms and a link for downloading the purchased Photographs directly.
- b) loyal Customer may download the high resolution Photographs before paying; the Customer shall send an e-mail to Mondadori within the next 30 days with details of the Photographs that she/he wish to purchase and how she/he intends to use them. In the following 30 days Mondadori will calculate the amounts due on the basis of those details, and will invoice the Customer for them. The Customer shall pay the amount as set out in Art. 7.3 above within 60 days of receiving the invoice.
- 8.2 Customer is expressly forbidden to use any downloaded Photographs before payment has been made.
Art. 9 PRIVACY AND PERSONAL DATA PROCESSING
- 9.1 As explained in detail in the disclosure statement set forth under Art. 13 of the Italian Legislative Decree no. 196/2003 (hereinafter “the Privacy Information Statement”), Mondadori as Data Controller represents and warrants that the Customer’s personal details provided by filling in the registration forms in the “Login” Section of the Website (hereinafter “the Registration Data”), will be processed in accordance with the provisions of the Italian Legislative Decree no. 196/2003 and of any other privacy-related measure currently in force.
- 9.2 Without prejudice to the rights acknowledged under Art. 7 of the Italian Legislative Decree no. 196/2003, the Customer’s Registration Data will be processed for the primary purpose of granting the rights to reproduce the Photographs and in a manner consistent with that purpose as well as for the secondary purposes indicated in the Privacy Information Statement and for which the Customer has consented thereto.
Art. 10 REGISTRATION DATA; ACCOUNT SECURITY
- With reference to the use of the Website, the Customer undertakes: (a) to provide full, accurate and up to date information as requested for completing the online registration forms contained in the Website; (b) to manage and promptly update the Registration Data, and any other information provided to Mondadori Portfolio, so as to ensure that it remains full, accurate and up to date; (c) to keep his/her password and access details secure, being the person solely responsible therefor; (d) to notify Mondadori immediately of any unauthorized use of his/her account or any other breach of security; (e) to take full responsibility for all activity on his/her account; and (f) to accept all the risks of unauthorized access to the Registration Data or any other information provided to Mondadori.
Art. RIGHT OF WITHDRAWAL
- 11.1 If the Customer is a natural person who can be qualified as a “consumer” (hereinafter “the Consumer”)under Art. 3(1)(a) of the Italian Legislative Order no. 206/2005 (“the Consumer’s Code”), and wants to use the Photographsfor only personal purposes and not for professional purposes , within 14 days of the delivery of the Photographs as in Art. 8 above, is entitled to exercise his/her right of withdrawal; in such event she/he shall be fully reimbursed for the amounts paid to purchase the Photographs. Under no circumstances the right of withdrawal may be exercised once the Photographs have been downloaded. The Customer hereby acknowledges awareness of that fact, and accepts that downloading the Photographs before the end of the above-mentioned 14-day period will entail loss of the right to withdraw under this Article 11.
- 11.2 In order to exercise the right of withdrawal within the term indicated in subsection 11.1 above, the Customer shall send the dedicated form published on the Website and available for download here or otherwise a similar communication by means of registered letter with receipt return to Arnoldo Mondadori Editore S.p.A./ Mondadori Portfolio, Via Mondadori 1, 20090 Segrate (Milan); fax no. +39 0275422494 or e-mail to firstname.lastname@example.org
- 11.3 After the withdrawal the Customer is strictly forbidden to download the purchased Photographs,otherwise the withdrawal will be null and void. Mondadori will refund the Customer’s payment, using the same method, within 14 days of the Customer’s notice of withdrawal .
- 11.4 A Customer, qualifying as a Consumer under Art. 59 of the Consumer Code, will not be entitled to withdraw if he/she has asked Mondadori for a custom scan of the Photographs.
Art. 12 CUSTOMER’S LIABILITY INDEMNITY
- 12.1 The Customer hereby undertakes to indemnify and hold Mondadori harmless from any disputes and/or damages arising from any unlawful use of the Photographs.
- 12.2 Without prejudice to the provisions of Art. 6 (Customer’s obligation to purchase the right to reproduce the works of art portrayed in the Photographs), the Customer also undertakes to use the Photographs in a manner which respects the work of art from which and the context in which they were made, and in any case in accordance with all provisions of the civil and criminal law currently in effect; this applies also to the title and contents of the publication in which the Photographs are reproduced.
- 12.3 The Customer hereby undertakes to indemnify and hold Mondadori harmless from any claim made by any person arising from defamatory or unlawful use of the Photographs or from a use that is injurious to the authors of the Photographs or the legitimate owners of the rights to reproduce the Photographs .
- 12.4 Under no circumstances shall Mondadori, its officers, employees, contractors or agents be held liable for any direct or indirect loss or damage of whatsoever nature (including, but not limited to, loss of use, profits or data) arising from or in any way related to use of the Website or Mondadori’s services or content, or the material featured on or accessible through the Website, and including, but not limited to, losses caused by or arising from the Customer’s use of information obtained from Mondadori or resulting from errors, omissions, interruptions, deletion of files or e-mails, system errors, defects, viruses, slow functioning or delayed transmission or any other malfunction whatsoever, whether or not caused by natural disasters, communication errors, theft or the destruction of or unauthorized access to Mondadori’s services.
- 12.5 Under no circumstances shall Mondadori’s liability arising from or in relation to the use of the Website exceed the amount of the fees (if any) paid by the Customer to Mondadori for the granting of the right to reproduce the Photographs.
Art. 13 COOKIES
- A “cookie” is a small quantity of data containing a unique but anonymous identification code, sent by the Website’s server to the Customer’s browser and then stored on the Customer’s computer, recognizable by the website which sent it (and by that website only) on each subsequent occasion when that computer connects to the Website. Customers who prefer not to receive cookies can change their browser settings to notify them of a cookie, enabling them to decide whether or not to accept it. They can even reject all cookies automatically by selecting the relevant browser option.
Art. 14 AMENDMENTS TO THE CONDITIONS
- Mondadori reserves the right to make amendments or additions to these Conditions by publishing them on the Website: any such amendments shall come into effect immediately upon such publication.
Art. 15 ASSIGNMENT
- These Terms , and the contract between Mondadori and the Customer, are strictly personal; therefore , the Customer is not entitled, accordingly, to license, assign or transfer any or all parts thereof in any way and on any grounds whatsoever to any third party without Mondadori’s prior and explicit written consent.
Art. 16 CODE OF ETHICS
- Pursuant to Italian Legislative Decree no also on of Italian Civil Code, declares relationship Ethics available at webpage.