Property of Fendi

Terms of use

WEBSITE TERMS OF USE
These website terms and conditions of use (“Terms of Use“) regulate your use of the website hosted at the URL http://www.fisfor.fendi.com (“Website“). The Website is the property of Fendi Adele S.r.l., with registered office in Palazzo della Civiltà, Quadrato della Concordia 3, 00144 Rome, Italy (hereinafter “Fendi”, “we”, “us” or “our”).

In welcoming you to our Website, we invite you to carefully review these Terms of Use before continuing to use the Website. These Terms of Use apply to all visitors of the Website. By accessing or using the Website you confirm your acceptance of these Terms of Use and your agreement to be bound by them. If you do not agree with and/or accept these Terms of Use, you may not use this Website and must immediately discontinue your access and/or use.

Purposes and Functionalities of the Website
We use the Website to promote and provide information on Fendi’s initiatives, events and to create editorial contents (including but not limited to video, text, graphic, images, photos).

Fendi’s Content
All rights, titles and interests in and to the Website and all of its content, including, but not limited to, its software or HTML code and other computer code contained in both the Website’s back-end and front-end components, the Website’s visual user interface, text, graphics, scripts, artwork, photographs, images, designs, audiovisual materials and any other materials that form in any way part of the Website (collectively, “Fendi’s Content“) is owned by Fendi and/or its licensors, if any. All Fendi’s Content is protected by national intellectual property laws, including but not limited to copyright, patent and trademark laws, and other laws and international treaty provisions on intellectual property rights.

Fendi’s Trademarks
All trademarks, whether registered, unregistered or under registration, in Italy or abroad, trade names, logos, brand names and product names used, displayed or in any way included on the Website (“Fendi’s Trademarks“) are the exclusive property of Fendi or of its licensors, if any. These Terms of Use do not entitle you in any way to use Fendi’s Trademarks and we remind you that the use by you of Fendi’s Trademarks in any manner is strictly prohibited.

Your Use of the Website
You are permitted to use the Website and Fendi’s Content for your personal and non-commercial use only and always in compliance with these Terms of Use and with all applicable laws and regulations.
You acknowledge and agree that you may not and may not permit, assist or allow any third party to:
(a) copy, reproduce, publish, transmit, distribute, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute this Website or any Fendi’s Content, including but not limited to mirroring, framing or linking to any third party’s computer, server, web site;
(b) access or use this Website or any Fendi’s Content for any commercial purposes, including any advertising or advertising revenue generating activity on your own or any third party’s web site, platform or other online space or means;
(c) use any automatic or manual process aimed at accessing, acquiring, copying or monitoring the Website or Fendi’s Content or any part thereof, and/or in any way reproducing the structure or appearance of the Website or any Fendi’s Content, or circumventing any copy-protection devices, obtaining or attempting to obtain any materials, documents or information made available through the Website, for example by resorting to deep-links, page-scrapers, robots, spiders, or similar technologies;
(d) access or attempt to access any portion, section or feature of the Website, or any other systems or networks connected to the Website or any of Fendi’s servers to which you are not allowed to access, by resorting to hacking, password mining or any other illegitimate technologies or means;
(e) probe, scan or test the vulnerability of the Website or any other computer or network connected to the Website; (f) breach the protection or security measures on the Website;
(g) reverse look-up, trace or seek to trace any information regarding any other visitor to the Website, or carry out any similar activity;
(h) exploit or use the Website, any Fendi’s Content, or any service or information made available or offered by or through the Website for any unlawful purposes or for any purposes not allowed by these Terms of Use or solicit the performance of any illegal activity or other activity which infringes the rights of Fendi or others;
(i) take any action that imposes an unreasonably or disproportionately large load on the infrastructure of the Website, or any systems or networks connected to the Website;
(l) use any device, software, mechanism or any other technology aimed at interfering or attempting to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

Fendi reserves the right to discontinue or suspend your access or use of the Website, without notice, if (i) we reasonably deem you have violated the Terms of Use, or (ii) we reasonably deem such a measure necessary for security reasons.

Third Party Content
The Website may contain links to external web sites or webpages operated by third parties (“Third Party Content“). Fendi does not control or monitor such Third Party Content and is not responsible or liable for the accuracy, security or reliability of any Third Party Content and cannot and does not guarantee that such Third Party Content will not contain any virus or any other functionalities suitable to damage the users’ data and/or property. Any link or reference to any Third Party Content connected to the Website is not and shall not be construed in any way as an endorsement by Fendi of the linked or referenced Third Party Content. Access to any Third Party Content is at your own risk and Fendi will have no liability to you for any loss or damage that you may suffer (including but not limited to any loss or damage to your computer equipment, hardware or software) arising out of or related to your access or use of, or reliance on, any Third Party Content. In case you access, in any form or manner, and for any purpose, such Third Party Content, Fendi invites you to immediately review the terms and conditions regulating the use of the relevant Third Party Content.

Warranty Disclaimer
You acknowledge and agree that the use of the Website is at your own sole risk and you are entirely responsible for your use of the Website and any Third Party Content. Fendi takes all measures necessary to reduce, as reasonably possible, the risk that the Website and Fendi’s Content contain any viruses and defects. However, Fendi cannot guarantee that your computer equipment, hardware or software or any data stored or created by your computer equipment, hardware or software (collectively, “Equipment”) will not be damaged, corrupted, lost or otherwise affected if you access or use the Website or any Fendi’s Content. You are responsible of procuring the technological, computer and telecommunications means, as well as acquiring the knowledge, necessary to access and use the Website and Fendi’s Content and for the related costs and expenses. Fendi does further not warrant that the Website or any Fendi’s Content, service or feature of the Website will be uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website and FENDI’S Content are delivered on an “as is” and “as available” basis. In addition, Fendi disclaims all warranties, express or implied, including any warranty of accuracy, TIMELINESS, completeness, non-infringement, merchantability or fitness for a particular purpose.
Although Fendi makes reasonable efforts to ensure that the information available on the Website is accurate and up to date, Fendi does not make any representation nor give any warranty as to the correctness, completeness, accuracy or currency of any information on the Website.

Limitation of Liability
To the maximum extent permitted by applicable law, Fendi shall in no event be liable to you or any third party for any damage or loss arising out of use of the Website and/or Fendi’s Content or any information contained, including without limitation, any liability for (a) any loss of or corruption to data, (b) loss of or damage to your technological, computer equipment, hardware or software, (c) any loss or damage whether or not foreseeable by you and/or us and regardless whether you notified us that you may incur such damage if we breach these Terms of Use or our legal duty of care to you, or (d) any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage, such as through the installation of reputable anti-virus software. Fendi shall not be liable for any consequential or indirect damage, whatever the cause, origin, nature and consequences thereof may be, including, without limitations, any cost borne due to loss of business opportunities, clients, data, loss of profits, or any other loss of intangible goods caused by the use of the Website or by impossibility to use the Website or reliance on the information directly or indirectly made available through the Website. In any case, nothing in these Terms of Use excludes or limits Fendi’s liability to you for willful misconduct or gross negligence or for any other liability which may not be excluded or limited under any mandatory provision of applicable law. By using this Website, you agree that, in case of any dissatisfaction relating to this Website, any part thereof and or any product or service which may be made available through this Website, or any clause of these Terms of Use, the sole and exclusive remedy available to you shall be ceasing your use of the Website. Fendi disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Website, including without limitation any liability for any third party content, information or statements, available on or through the Website, under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. You finally agree to indemnify and hold harmless Fendi against any legal action, claim, or complaint from any third parties, and any related damages and costs, including any legal expenses (including reasonable attorney fees), caused by or connected to any irregular and/or unlawful use by you of the Website and/or Fendi’s Content or arising from your breach of these Terms of Use.

Changes to the Terms of Use
Fendi reserves the right to change, modify, revise, add or remove any part of these Terms of Use by updating this document, at any time and without prior notice to you. Changes to these Terms of Use will be communicated by placing a notice on this Website. We thus invite you to check these Terms of Use periodically. If you do not agree with any of such changes, you must immediately cease your access or use of the Website. By continuing the use of the Website following the posting of changes you accept and agree to the changes.

General Terms
These Terms of Use are governed by and shall be interpreted pursuant to the laws of Italy without regard to any choice of law rules. You agree to bring any and all claims in connection with any disputes arising out of or related to the use of the Website or these Terms of Use exclusively in the Court of Rome (Italy) and you further consent to the jurisdiction of the Court of Rome (Italy) for any claims we bring against you in connection with any disputes arising out of or related to the use of the Website or these Terms of Use. For the avoidance of doubt, nothing herein shall preclude the right of Fendi to bring claims in connection with any disputes arising out of or related to the use of the Website or these Terms of Use in any court of competent jurisdiction, including but not limited to, the Court of Rome (Italy). The foregoing applies save for any right under mandatory provision of applicable law to establish legal proceedings in the habitual place of residence or domicile of the users.
In the event that any provision of these Terms of Use is deemed unlawful, invalid or unenforceable, such provision shall be modified to the minimum extent required to make it lawful, valid or enforceable and the remainder of these Terms of Use shall remain fully valid and enforceable. These Terms of Use are the entire agreement between you and Fendi relating to the subject matter of the same. All provisions of these Terms of Use apply to the maximum extent permitted by the applicable law.

Last update 7th February 2017

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