The website www.mymoleskine.com gives access to a range of functions and services, including e-commerce services, and includes a series of text, image and video content of which it is the owner, belonging to third parties or provided by the users of the site itself, which has the protection granted it by statutory copyright regulations.
The following provides users and guests of the website with a concise and clear indication of the limits within which Moleskine allows circulation and use of this content, as well as, in general, the use of the services provided through the site, regardless of who owns the respective rights.
1. Preliminary statements
“MyMoleskine” area is the Community specialising in the use of Moleskine products, through which fans of our notebooks can exchange opinions, information, advice and propose and share the content and personalisations they have created.
The content published on the website is provided directly by registered Users, except for content in common areas, which is provided by Moleskine and managed by the latter with the utmost care, although Moleskine cannot assume any liability for its accuracy, completeness or validity.
Access to and participation in the area and its functions are governed by the following rules.
2. Service Availability and Users Requirements
It is impossible to guarantee unlimited service availability, since use of the service requires access to telecommunications networks and to connections over which Moleskine has no control. While Moleskine will apply due diligence to minimise operational interruptions of the service (for example as a result of maintenance work or hardware and software assistance), it declines all liability in relation to possible consequences of service interruptions.
The interaction with this Portal is free of charge, except for telephony costs and other kinds of costs for internet connection, which will be borne by the Users, as far as the provision of a device or other equipment to access the Portal.
3. Join the “Moleskine Community”
Non-registered Users:they are permitted to display and if necessary to download only the content present in the freely accessible area or the content to which the individual registered Users have granted public access.
Registered Users:the User, who wants to interact with the Moleskine Community and post comments, share documents, videos, photos and so on, has to log in or sign up.
Registration is free and reserved only for adults: during the registration procedure, the User has to fill in the form with the correct date of birth, in order to confirm being an adult. All the information provided at the time of registration must be true.
Registration on the website may be cancelled at any time either by the User or by Moleskine. It is prohibited to sign up for professional or commercial reasons. It is prohibited for one person to register more than once with different profiles.
User’s credentials: Moleskine credentials are secret and confidential.
The User is solely responsible for the correct storage and conservation of Moleskine credentials and must prevent anyone from using his/her credentials to log in. The User undertakes henceforth to honour all obligations undertaken through their use. In the event of the theft or loss of the details required to access the Area of the site, the User shall amend such credentials of his/her own accord, thereby preventing their use by unauthorised third parties.
4. Interact with the “Moleskine Community”
Sharing and uploading: general rules
Registered Users may interact with the “Moleskine Community” and post comments, photos, videos and other content, in compliance with the provisions of the following point 5 and considering that it’s forbidden:
– to use the Community for product sales and presentation activities, as well as express or covert advertising purposes;
– to post on the “Moleskine Community” any links to personal or business websites or social network pages without prior authorisation;
– to post defamatory content, incite to violence and/or pornography or add content that is in violation of statutory national and/or international law;
– to process automatically data present on the website and implement systems and services using the content available on the website;
– to upload software, programs, files and other mechanisms and technologies capable of spying, attacking or in any other way compromising the Community, the website www.mymoleskine.com or its Users, their computers, the Moleskine servers or the software used on Users’ computers or Moleskine’s computers;
– to share any material or information which constitutes violation of any copyright and/or industrial and intellectual property rights (eg . trademarks, patents), and any other third party rights, and in general to post content that is in violation of statutory national and/or international laws;
– to perform unauthorised access to a computer or network of computers, to interfere with any other party’s use and enjoyment of the websites, to infringe any law or regulations concerning the use of public telecommunications networks;
– to interfere, damage or restrict networks or websites linked to the websites or connected to them;
– to make, transmit or store electronic copies of materials owned by the Owner of the Service without prior authorisation;
We invite Registered Users not to upload videos or photos depicting minors.
Should a Registered User upload videos or photos depicting minors, Moleskine will in any case reserve the right to remove such photos or videos.
MyMoleskine | Personal Area
Registered Users may personalise their “Moleskine profile” by adding a picture of themselves and change the name for a nickname which will be displayed when uploading text, graphics, links, comments, posts and other publications, and in the case of sharing and voting on other Users’ content.
Publishing and editorial Initiatives
Through the “Moleskine Community” the User may take part in publishing and editorial initiatives organized and managed by Moleskine, for example ” Creativity Challenge” and “Author a Month”. Whenever the User decides to upload illustrations, handmade objects, photos, hacks and sketches in order to take part in the editorial initiative, he/she has to comply with the provision of the following point 5 of these Terms and Conditions. This content will be published on www.mymoleskine.com, www.moleskine.com and/or www.moleskinerie.com and may be shared on social media channels by Moleskine registered Users.
Registered users may also:
– vote for favorite uploads and favorite author: the highest rated will receive a special reward and the “author of the month” content and history will be published on www.mymoleskine.com;
– add public comments on other users’ posts: in this case the published comment will be available freely on the Portal and will also be displayed to non-registered Users. If the User has adopted a nickname, the comment will be displayed with the nickname, otherwise it will be displayed with the personal name provided during the registration procedure;
– rate other users’ content in anonymous form.
“Moleskine Community” secret messages
Registered Users may enjoy the “secret message” function: in this case the User wants to send another registered User a secret message which will not be seen by other Users and/or by Moleskine, unless it will be needed to fulfill legal requirements or to follow competent Authority requests. The messages sent will be hosted on Moleskine Srl servers (located in Italy or in one other European country).
The messages sent and received will be stored by Moleskine together with the Sender’s personal data for a period not exceeding the purposes for which the personal data was collected and subsequently processed, that is quantified in 24 months. After this period of time the Sender’s personal data will be updated and/or transformed into anonymous form, in order to prevent the stored messages from leading back to the Author/Sender.
Moleskine Cloud by Drop-Box
Registered Users may connect Moleskine profile with a Drop-Box account and enjoy the uploading, editing and exporting functions, in order to share materials stored on “My Moleskine” on Drop-Box and vice versa.
The User may decide to share Drop-Box content on the “My Moleskine” Community or keep the uploaded materials reserved in his/her personal area.
IFTTT: Share My Moleskine content with other Social Media | Third Parties
With IFTTT (If This Then That) the Registered User is allowed to create chains of simple conditional statements (so called “recipes”), which are triggered based on changes to other web and Social Media services – such as Facebook, Google, Pinterest, Instagram. Once the User takes an action on the My Moleskine Community he/she may decide to set up a consequent reaction on others’ Social Media accounts, for example he/she can choose that every comment posted on the “Moleskine Community” may result in a post on a Facebook personal page, and so on. Every comment and/or other kind of action that will be taken on Third Parties’ websites or other Social Media Pages and Channels will be subject to this Third Party’s Terms & Conditions.
Here you’ll find the Third Parties involved:
– Facebook: https://www.facebook.com/policy.php
– Twitter: https://twitter.com/privacy?lang=en
– Linkedin: https://www.linkedin.com/legal/privacy-policy
– Pinterest: https://about.pinterest.com/en/privacy-policy
– Google +: https://www.google.com/intl/en/policies/privacy/
– Instagram: https://www.instagram.com/about/legal/privacy/
5. Users’ Content and Third Parties’ Rights
Registered Users (“Author”) can upload their own content (material in the form of texts and images, and photos, hereinafter referred to as “Content”) only if such content are their own work or if they hold the relative copyright and entitlement to share and edit said content. The Author guarantees that content uploaded to the website is his/her original creative work and that the upload does not constitute plagiarism, even in part, of third party works.
In particular, the Author guarantees that Uploads do not plagiarise or infringe third party rights over photographs or videos or relative to objects depicted in photographs or videos and the rights relating to copyright and trademarks and that any persons represented and identifiable in the photographs uploaded agree without reservation to their publication. Otherwise all such likenesses must be made anonymous.
Likewise, the Author declares and guarantees that the upload and everything reproduced therein does not infringe intellectual property rights or in any case exclusive third party rights, including picture rights and personality rights, for which he/she has in any case received complete and unlimited authorisation from the possible owners. The Author therefore undertakes to keep Moleskine Srl exempt from any harmful consequence or claim by third parties that may arise as a result of the above declaration by the Author being untrue.
For the purposes of the upload to the website, the Author, as copyright owner of the upload, grants to Moleskine Srl, absolutely free of charge, without territorial or time limits, exercise of all rights of economic use resulting from copyright of the upload, among which, by way of example, the rights to publication of the upload in any way and in any form – in particular, as part of the website www.mymoleskine.com within editorial publications, magazines and other communication media – as well as the right to make the content and the upload publicly accessible also from mobile devices such as mobile phones, iPods, iPhones, etc., the right to reproduction, performance and distribution, broadcasting, through any medium and on any support of the upload, performance in public, making available to the public in any form and manner, displaying and exhibiting the upload, use of the upload in the context of advertising promotions, the right to make spin-off works and the right to translation. Transfer is regulated by Italian copyright law (Act no. 633/1941).
The upload of images is not moderated by Moleskine Srl, which does, however, reserve the right to proceed at any time to remove images or videos uploaded on the website, independently or on request of third parties, as well as the Legal Authorities, in the event of objections relating to the legality or legitimacy of their publication.
Content entered by Authors reflect solely their personal point of view and not the viewpoint of Moleskine. Moleskine reserves the right to remove from the website any Content, with particular reference to Content that is posted in violation of the above-mentioned rules or that have given rise to a dispute with regard also only to the presumed infringement of third party rights, without previously consulting the Author in question.
If the presence of illegal Content is detected or is in violation of third party rights, Users may report it to Moleskine using the appropriate function at the foot of each Content or by contacting Moleskine by sending an e-mail to email@example.com. Because of the automatic publication of the such Content, Moleskine emphasises that it declines all liability, rejecting liability also in the event of late removal of such content or failure to remove it, and also rejects any inference of its implicit endorsement of such illegal content or content in violation of third party rights.
In principle, Authors are not entitled to request removal from the website of the Content entered by them, and termination of registration does not affect Moleskine’s right to use the Content entered by the Author. If necessary, Content will be removed in accordance with current legal provisions or at the request of the appropriate Authorities.
6. Moleskine Copyright
Content published by Moleskine in the common areas is protected by copyright and may be used by the Users only within the limits granted time by time and in any case never for commercial purposes.
Photographic images may not be copied, sold, loaned or reproduced in any other way, without express permission from Moleskine.
Any unauthorised use, reproduction or forwarding of individual Content or entire pages beyond the above-mentioned limits, is not permitted and therefore liable to prosecution under the terms of current legislation.
7. Limitation of liability
Moleskine cannot be held liable in relation to Content posted by Users that are untruthful or in violation of statutory law or third party rights, and undertakes only to remove immediately any material whose illegal publication is reported and to co-operate fully with the appropriate authorities to prevent or stop crimes or other kinds of abuse committed via the website.
If the presence of illegal Content is detected or is in violation of third party rights, Users may report it to Moleskine using the appropriate function at the foot of each Content. Because of the automatic publication of the such Content, Moleskine emphasises that it declines all liability, rejecting liability also in the event of late removal of such Content or failure to remove it, and also rejects any inference of its implicit endorsement of such illegal Content or Content in violation of third party rights.
Moleskine shall not be held responsible or liable for any damage and/or loss and/or malfunction and/or harm of any kind damaging the User’s computer, that may result from the use of the service provided, as well as for any contamination of the computer systems due to access, interconnection, downloading of material and software programs from this website (e.g. viruses or malware); hence the relevant costs of repair/restoration shall be borne by the User.
Moleskine shall be free to use links to third parties’ websites but does not exercise control over these websites or over their content and it shall not be liable for their content – even if illegal or harmful – directly or indirectly linked. The provider of the webpages linked into this website only shall be held responsible for any illegal, incorrect or incomplete content of said webpages.
8. Editing of Users’ data, registration term and cancellation
Users are entitled to edit or make additions to their data, provided at the time of their registration, at any time.
Registration is open term and may be suspended or cancelled at any time either by Moleskine or by the User. In the latter case, the User can request deactivation of their profile through the contact-us area of the website www.mymoleskine.comwith consequent application of the provisions described in point 5, relating to the Content entered by the User, with special reference to images and text.
Translations of this document in languages other than Italian are provided for information purposes only. In the event of discrepancies, the only legally valid and binding version governing the use of the website is the Italian version of this document.
Any dispute that may arise between Moleskine, the Artist and/or the Customer with regard to the provision of the services described above shall be submitted to Italian law and the sole jurisdiction of the Courts of Milan.
In case of any violation of these Terms & Conditions, the Owner of the Service shall have the right to bring proceedings before a court to protect its rights in accordance with current regulation.
The use of the services provided by the Owner of the Service through its Portal is not authorised in any jurisdiction that does not recognize the validity of the provisions laid down in the current conditions of use.
Update date: 19/07/2018