Terms and conditions

Terms and conditions of use of the community

During the registration in any of the ways foreseen (form, facebook connect, etc.) and/or in accessing the dolcegabbana/dgfamily Website, the user shall accept (by clicking / ticking the specific box) these terms and conditions of use of the "DG Family" photo-community (hereinafter, the "Community"), thus expressly undertaking to fully abide thereby.
The terms and conditions of use are aimed at protecting the rights of the Community, the rights of all Community users and, in general, the rights which may arise during the use of participation in the Community.
Should the user not be willing to accept these terms and conditions of use, in no way shall the user be able to complete the registration process and/or to access the dolcegabbana/dgfamily Webpage, thus not being able to participate in the Community.
dolcegabbana/dgfamily is a Website made available on the Internet, developed and managed by Dolce&Gabbana S.r.l., a company incorporated and existing under Italian law, having registered office in via Carlo Goldoni 10, Milan, Italy, Tax Code and VAT No. 09297890155 (hereinafter, "DG").

Aims of the Community

The Aims of the Community are the free publishing and sharing by registered users of photos of their relatives only, in order to participate in the "DG Family" initiative, as described in detail in the specific section on the www.dolcegabbana.com Website (hereinafter, the "Initiative"). DG relies on the fact that the user shall use the Community and the dolcegabbana/dgfamily Website for the sole purposes concerning the Initiative, correctly and in good faith, and that he/she exercises his/her own freedom of expression/publishing/sharing in compliance with the contents of these general terms and conditions of use (hereinafter, the "Aims of the Community").

The user's breach of the Aims of the Community, as well as the user's breach of and/or failure to comply with these terms and conditions of use and/or of/with the applicable law provisions and/or of/with the general rules of good conduct shall entitle DG to interrupt and/or cancel and/or block the user's access to the Community and to the Website, system, software, related servers, as well as to the news areas, tools, information and photographic databases included in the Community and on the dolcegabbana/dgfamily Website (hereinafter collectively referred to as the "dolcegabbana/dgfamily Services and Information").

The entire material comprising the dolcegabbana/dgfamily Website and the Community (including, by way of example but without any limitation whatsoever, all texts, software, source codes for HTML, Java and Flash, photos, videos, layout, music and sound) is protected by copyright. The download and use of any such materials (even if not directly downloaded or obtained from dolcegabbana/dgfamily) shall solely and exclusively be permitted for private use, and they shall be exclusively carried out in compliance with all applicable laws and regulations, the Aims of the Community and these terms and conditions of use, it being hereby acknowledged that the user is not authorised to use the aforesaid material in order to duplicate, copy, transmit, market, publish or trade it by other means electronically or in any other way through a different data format, or otherwise, for any purpose or within any scope beyond the private use thereof and the Aims of the Community.

Use - related risks

The user is hereby warned of the existence of some risks linked with the participation in the Community. Such risks include, by way of example but without any limitation whatsoever, the possible incorrect use of the dolcegabbana/dgfamily Services and Information by any Community user and the risk that third parties, either directly or passing themselves off as someone else, contact or attempt to contact the user as a result of the participation in the Community and/or the user's use of the dolcegabbana/dgfamily Services and Information: the user hereby expressly accepts that both the participation in the Community and the use of the dolcegabbana/dgfamily Services and Information are at his/her own exclusive risk.

In no way does DG give any warranty as to the fact that the dolcegabbana/dgfamily Services and Information shall be non-stop, not breached by third parties, secure or free from any mistakes.

DG hereby reserves the sole right, at its own discretion, to cancel, remove or interrupt the publishing of any content, material, information, data, video, photo, existing at present or published in the future on the dolcegabbana/dgfamily Website, as well as the photos and/or data published, uploaded, shown, sent or in any other way transmitted to DG by the users, together with the right to block and/or prevent the access of any user to the Community and to the dolcegabbana/dgfamily Website, and the foregoing without incurring any liability whatsoever. In particular, DG hereby reserves the right to remove any photo transmitted by the users within the scope of the Initiative and in order to participate in the Community, should it become aware of the unlawfulness thereof or should it deem, at its own exclusive discretion, that any such photo is potentially unlawful or just inappropriate, or in breach of these terms and conditions of use, or that it may entail any liability of any nature and type whatsoever for DG.

DG furthermore reserves the right and exclusive discretion to bring about improvements of and/or changes to the dolcegabbana/dgfamily Website and/or to the dolcegabbana/dgfamily Services and Information, as well as to suspend and/or finally interrupt the publishing of the dolcegabbana/dgfamily Website and/or the dolcegabbana/dgfamily Services and Information and/or the Initiative and/or the Community, without incurring any liability whatsoever.

Terms of use

The user hereby undertakes not to send to DG any photo which (1) is offensive, rude, of an explicit sexual nature, racist, full of hatred, discriminatory, unlawful, invades third party privacy, shows exploitation of a minor, includes information which identifies a minor, shows or incites unlawful activities or is harmful, violent, threatening, abusive, harassing, libellous, slanderous, tormenting, obscene or in any other way reprehensible; (2) shows any type of harassment, threat, abuse, libel, humiliation, embarrassment, suffering, trouble towards third parties; (3) promotes the exchange, sale or purchase of pictures having an explicit sexual content and/or of harmful to minors including, by way of example but without any limitation whatsoever, any photo or picture (either real or simulated) generated from a computer; (4) the user has no right to transmit pursuant to any law including, by way of example but without any limitation whatsoever, any content in breach of copyright or other sole rights as well as in breach of any privacy or advertising right; (5) shows any advertising, promotional material or any other ways of solicitation not requested; (6) breaches, either voluntarily or involuntarily, any local, State, national or international law or regulation in force.

The user hereby furthermore undertakes not to publish, anywhere or through the dolcegabbana/dgfamily Services and Information, any material which may become an instrument to encourage any behaviour which may amount to a crime, entail civil liability or which in any other way breaches any local, State, national or international law or regulation. The user hereby accepts to use the dolcegabbana/dgfamily Services and Information, as well as the Community, exclusively for private personal use, hereby undertaking to refrain from any use thereof for unlawful purposes and/or for purposes that are different from the participation in the Initiative and the Aims of the Community, otherwise hereby undertaking any and all liability towards DG, third parties and the competent authorities.

Furthermore, the user hereby accepts not to use the dolcegabbana/dgfamily Website and/or the dolcegabbana/dgfamily Services and Information and/or other software or applications, in order to try to frustrate the privacy and security rules of the dolcegabbana/dgfamily Website and of the Community and/or any other rule of use of the Community and of the dolcegabbana/dgfamily Services and Information for deception, deceit or spam purposes towards other users, password theft, harassment, fraud, forgery, electronic infringement, tampering, hacking, system crashes, system corruption including, by way of example but without any limitation whatsoever, the use of virus, worms, Trojan horses causing an unauthorised harmful or detrimental access and/or the recovery of information and data.

The user hereby undertakes not to send material to DG containing any computer virus or any other code, file or program designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunication tool, capable of interrupting the normal information flow made available on or through the dolcegabbana/dgfamily Website or which may interfere with or interrupt the functionality of the dolcegabbana/dgfamily Website, the Community, the dolcegabbana/dgfamily Services and Information, and the related servers, networks, directories, databases. The user hereby furthermore undertakes not to alter and/or tamper with any information or material on the dolcegabbana/dgfamily Website or linked therewith.

All activities carried out by the users on the dolcegabbana/dgfamily Website, in the Community and through the dolcegabbana/dgfamily Services and Information are registered with the relevant IP address. In the event of any unlawful use thereof and/or of perpetration of a crime, if any, DG shall allow the police authorities to access the IP data in order to go back to the identity of the user having carried out the aforesaid activities.

The user hereby expressly and irrevocably undertakes to indemnify and hold DG harmless from any detriment, damage, loss, claim and liability (including attorney's fees), which may arise out of the publishing of the photos sent by the user on the dolcegabbana/dgfamily Website, of his/her participation in the Initiative and in the Community, of the use of the dolcegabbana/dgfamily Services and Information, or of any other service and/or material on the dolcegabbana/dgfamily Website or made available through the latter, or of any breach of these terms and conditions of use of any other agreement between the user and DG.

User's Data

The user hereby undertakes, in registering to the dolcegabbana/dgfamily Website in any of the ways foreseen (form, facebook connect, etc.), not to provide false and/or equivocal data, not to register with an identity which is not his/her own and to keep his/her own personal data constantly updated. The user hereby undertakes not to disclose his/her own password to other persons and not to allow third parties access the Community and the dolcegabbana/dgfamily Website through his/her own account. The user hereby undertakes to immediately communicate to DG, through the dolcegabbana/dgfamily Website, any unauthorised activity concerning his/her own account by third parties, as well as the loss and/or theft of his/her own password, which may allow third parties to use the account. Failure to fulfil the aforesaid obligations shall entitle DG to block the user's access to the Community and to the dolcegabbana/dgfamily Website, DG's right to expedite the cancellation of all the user's already published material and data, as well as the user's undertaking of any and all liability in connection with any and all consequence and/or detriment and/or damage which may be caused to DG and/or to third parties as a result of the breach of the aforesaid obligations.

Intellectual property rights

As a result of the release already submitted and sent to DG through the dolcegabbana/dgfamily Website, the contents of which are to be deemed fully cross-referenced and transcribed herein, the user hereby confirms and guarantees to DG: (i) that the photos sent for the purpose of participating in the Initiative and in the Community neither infringe any copyright or any third party rights, nor breach any applicable law or regulation, (ii) that all necessary rights and authorisations to participate in the Initiative and in the Community have been duly granted through the release, without it being possible to raise any claims and restrictions, if any including, by way of example but without any limitation whatsoever, all necessary rights of use, copyright and related rights, without breaching the rights of any natural person or legal entity, including any privacy or advertising right.

The user hereby acknowledges to be solely and exclusively liable for any damage deriving from any copyright, proprietary rights or any other intellectual property right infringements, or for any other damage deriving from the publishing of the photos sent by the user on the dolcegabbana/dgfamily Website, expressly exempting DG, for all intents and purposes, from any liability in connection therewith.

Upon the release submission and the acceptance of these terms and conditions of use, DG - as well as all Dolce & Gabbana group companies - is authorised to use, copy, change, keep, privately and publicly display the photos - within the limits of what is expressly foreseen and authorised in the aforesaid release - through the dolcegabbana/dgfamily Website, dolcegabbana/dgfamily software and other products or services dolcegabbana/dgfamily may choose, on any medium known at present or to be designed in the future, for the performance of the Initiative and exclusively according to the Aims of the Community.

The user hereby expressly and irrevocably undertakes to hold DG harmless from any third party claim arising out of the use of the photos within the scope of the Initiative and according to the Aims of the Community, also as expressly authorised through the relevant release. The user hereby waives any right to inspect and/or approve the uses of the photos by DG within the scope of the Initiative and according to the Aims of the Community, as well as to receive payments of any type whatsoever, by any way and for any reason whatsoever for any such use.

Limitation of liability

The user hereby expressly and irrevocably acknowledges and accepts that in no way shall DG be held liable towards any party for any damages including, by way of example but without any limitation whatsoever, any direct, indirect, special, punitive, incidental or consequential damages, or for any other damages deriving therefrom, in any way or manner, or caused by the use, impossibility to use or inappropriate use of the dolcegabbana/dgfamily Services and Information, even if DG has been warned of the possibility of any such damages and regardless of the way in which they arose. Since some jurisdictions do not allow the exclusion or limitation of liability for any incidental or consequential damages, the exclusions above for any incidental or consequential damages may not apply to the user.

Miscellanea

DG hereby reserves the right, at its own exclusive discretion, to make any amendment to these terms and conditions of use. Should the aforesaid terms and conditions of use be amended, DG hereby undertakes to communicate to the user by e-mail or to publish the details of any such amendments on the dolcegabbana/dgfamily Website, in such a way as for the user to be informed when accessing such webpage for the first time, and to request the user to give his/her own consent to and accept the aforesaid amendments.
Should the user carry on using the dolcegabbana/dgfamily Services and Information following the publishing or notice of the amendments to these terms and conditions of use, the aforesaid use shall be deemed as the user's approval of the new terms and conditions of use. Should the user not accept the amendments to these terms and conditions of use communicated by DG by one of the aforesaid means, the user's access to the dolcegabbana/dgfamily Website, to the Community and to the dolcegabbana/dgfamily Services and Information shall be automatically deactivated/prohibited.
Should one or more of the provisions under these terms and conditions of use be invalid or unenforceable, said part shall be drafted by DG again, in such a way as for it to abide by applicable law and to mirror, to the greatest possible extent, the original intentions of the parties, without prejudice to the fact that the remaining provisions of these terms and conditions of use shall carry on being fully in force and effective.
DG hereby guarantees the full compliance with the data protection laws and regulations in force, as well as with the entire Italian Data Protection Authority decisions. DG hereby undertakes to use the personal data and information provided by the user when registering to the dolcegabbana/dgfamily Website only according to the Aims of the Community and for the sole purposes of the user's participation in the Initiative exclusively to carry out the activities governed by these terms and conditions of use, hereby expressly undertaking not to use the aforesaid data and information for purposes other than the Aims of the Community and the participation in the Initiative.