6/25/2020 Conditions of participation in the sites

General Terms and Conditions of Use

  • Introduction

o The following general terms and conditions of use (hereinafter, the “General Conditions”) apply to the services provided by Mondadori Media S.p.A., with registered office in Via Bianca di Savoia 12, 20122 Milan (MI) (hereinafter the “Publisher”), through the following sites that can be reached at the following addresses: [URL], it being understood that, in order to be able to purchase products sold therein, users must accept the specific sales conditions published therein.

o Access to, and actual browsing on, the Sites requires the prior full reading, knowledge and acceptance of these General Conditions by the user (“User/Users”). If the User does not agree, in whole or in part, with the provisions of these General Conditions, he or she is may not to continue browsing the Sites.

o The provider of the Services governed by these General Conditions is Mondadori Media S.p.A., with registered office in Via Bianca di Savoia 12, 20122 Milan (MI), Tax Code Companies Register of Milan-Monza Brianza-Lodi No. 1996856, and VAT No. 08009080964, Tel. 0200643801, Fax 0200644836, E-mail condizioniduso@mondadori.it

o The Site is controlled and operated within the United States and is not intended for use outside of the United States. User is hereby prohibited from accessing or using the Sites from any territory where the Sites or any of the features, functionality, tools, content thereof, is illegal. If User choose to access the Sites from a location outside of the United States, User does so at his/her own risk and is solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.

o Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice: Complaints regarding the Sites or Services or requests to receive further information regarding use of the Sites or Services may be sent to the above address or to support@mondadori.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.

o Users are hereby informed that the services offered by the Publisher through the Sites include, without limitation: Contest (through which Users may upload photos, videos or text contributions), Casting (through which Users may upload photos and/or videos), Newsletter (through which Users, upon acceptance, may receive one or more newsletters), Experts (through which Users can ask questions to a pool of experts of various fields who will answer directly to Users), TV Guide (through which Users can customise the service and create an automatic “Tonight on TV” newsletter with TV programmes), My shopping list (through which Users can save a list including garments, accessories, etc., among the available items) (hereinafter referred to individually as the “Service” and collectively as the “Services”). Users are informed that the listed Services will not be available on all Sites but only where expressly indicated by the Publisher.

o These Services may include features that are linked to the monitoring of consumer behaviour. In this regard, please refer to the Sites’ cookie policy at https://www.mondadori.it/privacy-policy.

o Publisher provides the following e-mail address, condizioniduso@mondadori.it, to which Users may send any requests for cancellation of their account.

o These General Conditions shall also apply to the Services that will be provided to Users in the future unless otherwise provided at the time of registration or upon the first provision of the new Service. Some Services under these General Conditions may also be subject to special terms and conditions, due to their nature and/or characteristics. These special terms and conditions will be communicated to Users before their use of the specific Service and included at the end of these General Conditions or at the time of access to the Services.

o This introduction forms an integral and inseparable part of the General Conditions.

  1. Terms and conditions for the use of the Services.

1.1. On each Site, where required for the use of the Services, the User must fill in the registration form and fully accept these General Conditions: any personal data provided by the User with the form will be processed in compliance with the procedures established by Legislative Decree No. 196/2003 on the protection of personal data, in relation to which an information notice is provided before processing. Registration to a specific Site allows the User to access, with the same credentials, all the other Sites of the Publisher and the sites owned by the companies controlled by and/or connected with the Publisher.

1.2. By accepting these General Conditions, the User represents that his or her data are up to date, correct and truthful, and undertakes to promptly modify them so that they are constantly updated, complete and truthful. Where permitted by the specific Site, the User may use a pseudonym or nickname to which his or her true identity is associated, which must be provided to the Publisher in the event it needs to be communicated to the Judicial Authority in the cases provided for by law.

1.3. The User’s right to use the Services is personal and non-transferable: the User undertakes not to resell or make other commercial use of the Services provided by the Site.

1.4. The User is responsible for maintaining the secrecy of the chosen password assigned to him/her in relation to his/her account during registration, together with a user ID, and undertakes to indemnify and hold the Publisher digital.mondadori.it/condizioni-di-partecipazione-ai-siti 2/7 US_Active\115193685\V-2 harmless from any claim from any party arising from the use or misuse of the Services by third parties through any improper and unlawful use of the User’s password.

1.5. The Publisher reserves the right to verify, at any time and without prior notice, at its discretion, compliance with these General Conditions in the use of the Services by the User, and reserves the right to permanently interrupt the provision of the Services to the individual User at any time and without prior notice where the User:

  1. a) has not provided personal data that is current, complete, true and correct;
  2. b) uses or has used the Services for purposes that are, or in a manner that is, unlawful or otherwise incompatible

with the nature of the provided Services (such as, without limitation, transmission and/or exchange of viruses;

sending or disclosure of personal advertising; “chain letters” or pyramid schemes; spamming or junk mailing practices; transmission and/or exchange and/or disclosure of illegal material or racist, slanderous or defamatory, threatening, vulgar or obscene content);

  1. c) violates or has violated the General Conditions (e.g., Section 3) or the special terms and conditions applicable to a Service.

1.6. Since the Publisher is unable to verify that the information entered by the User is truthful, including the age of the User who intends to register, it is noted that, while access to and browsing on the Sites is permitted regardless of the age of the User, the use of the Services is reserved for Users over 18 years of age.

  1. Suspension of the Services.

2.1. The Publisher reserves the right to temporarily suspend or permanently interrupt at any time and without notice, the provision of the Services, including a single Service, as well as the right to remove, including permanently, or modify at any time any content or information on the Site.

2.2. The Publisher declines all liability concerning potential damage caused by the interruption of the Services due to unforeseeable and uncontrollable events of force majeure resulting, for example, from blackouts or failures of the servers of the Sites or third-party suppliers of the Publisher.

2.3. The Publisher reserves the right to suspend and/or interrupt the Services due to maintenance or updating of its computer systems or those of third-party suppliers. In such cases, the Publisher will inform Users through email communications, news on the Sites and/or messages in the Services.

2.4. The Publisher declines all liability for damages, claims or losses, direct or indirect, arising to the User due to the failure and/or defective functioning of the electronic equipment of the User or that of third parties, of telephone and/or telematic connections not managed directly by the same or by its suppliers.

  1. User contributions.

3.1. The User warrants that any information, comment, message, text, software, data, sound, music, photograph, graphic, video and other material transmitted, disclosed, exchanged or made available in any form through the Services provided by the Publisher through the Sites (hereinafter referred to individually as a “Contribution” and collectively as “Contributions”) does not infringe the copyright or other intellectual property rights of any third party.

3.2 Any third-party copyrighted material may only be used if the User has previously acquired the related rights of use from the copyright owner, and therefore only with the written permission of the copyright owner and with the obligation to cite the source and the existence of the license. The photographic, audio and/or video material of third parties or reproducing the image of third parties may be used only if the User has acquired the consent of the author and the subject portrayed. In relation to the availability of these rights and consents, the User assumes all liability and completely exonerates the Publisher from any liability.

3.3. Ultimately, all User Contributions, whether publicly posted or privately transmitted, are the sole responsibility of the User who originated such content. Publisher do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Contributions or endorse any opinions expressed in such User Contributions. User understands that by using the Sites, User may be exposed to User Contributions that are offensive, harmful, inaccurate, misleading, fraudulent or otherwise inappropriate. Under no circumstances will Publisher be liable in any way for any User Contributions, including, but not limited to, any errors or omissions in any User Contributions, or any loss or damage of any kind incurred as a result of any User Content.

3.4. The Publisher shall have no liability for damages, claims or losses, direct or indirect, arising to the User or to any third parties from the transmission, disclosure, exchange or making available of Contributions provided by Users through the Services. Publisher may, but is not required to monitor or control the User Contributions captured, recorded, uploaded, streamed, shared or stored on or through the Sites, and Publisher cannot take responsibility for such User Contributions. Any use or reliance on any User Contributions is at Users own risk. The User undertakes to indemnify and hold the Publisher harmless from any claims of third parties relating to, or in any way connected with, his/her Contributions.

3.5. The User undertakes not to publish, disclose, or “post” Contributions containing sensitive data of third parties without their consent, or enter/publish photos/pictures of minors, materials and/or content that is pedopornographic, pornographic, obscene, blasphemous, defamatory, offensive, contrary to public order or morality, or that promotes or induces illegal activities, or that contains viruses or other programmes that damage the functionality of the computer systems of others.

3.6. The Publisher represents that it does not carry out any prior editorial control of the Contributions.

3.6 The Publisher, upon notification of the Users at condizioniduso@mondadori.it, undertakes to evaluate the compliance of the Contributions according to criteria of lawfulness, truthfulness, substantiation, accuracy, nondeceitfulness and inoffensiveness, and to eliminate those Contributions that do not comply with these criteria. In any case, the Publisher reserves the right to eliminate, at its discretion, Contributions not deemed suitable for digital.mondadori.it/condizioni-di- artecipazione-ai-siti 3/7 US_Active\115193685\V-2 publication, transmission, disclosure or dissemination through the Services. Users who access the communication Services made available to Users by the Publisher, such as, without limitation, video messages, images, expert opinions, comments and the like, which may also contain Contributions from other Users, represent that they are aware of the possibility that such materials may offend some persons, and acknowledge that liability for such materials or Contributions cannot be attributed to the Publisher, but to the respective Users who are the authors and/or have made such Contributions available.

3.7. The User grants the Publisher a non-exclusive, worldwide, royalty-free, perpetual license to publish Contributions on the Sites in a manner consistent with the purpose of the Services, including the right to sublicense and assign them to third parties, and the right to copy, reproduce, correct, adapt, modify, improve, translate, reformat, create derivative works, manufacture, market, publish, distribute, sell, license, transfer, rent, transmit, publicly perform, communicate to the public by electronic means, in any way presently known or discovered in the future, any User-generated Contribution.

3.8. It should be noted that the publication of Contributions does not involve any compensation for the User.

3.9. The Publisher reserves, at its sole discretion, all rights regarding the publication, or removal from the Site, either temporarily or permanently, of any Contribution.

3.10. The Publisher reserves, at its sole discretion, all rights to modify and/or remove, temporarily or permanently, any Content on the Sites.

  1. Hyperlinks.

4.1. The Sites may include hyperlinks to other websites operated by third parties, including advertisements and other content providers. These websites may collect data and/or request personal information from Users. The Publisher neither exercises nor is required to exercise any form of control and declines all liability for damages, claims or losses, direct or indirect, arising in any form whatsoever to the User from the viewing, use and/or operation of third-party websites or third-party services reached through such hyperlinks.

  1. Intellectual Property Rights over Content.

5.1. The User expressly acknowledges that all industrial and intellectual property rights, which can be protected under the laws relating to copyright, or other provisions, for the protection, without limitation, of know-how, source code, software, hardware, projects, applications, patents, trade secrets, formulas, algorithms, models, databases and the like, relating to the Services, data and other materials coming from the Publisher or third parties, including Users, however made available on the Sites or through the Services in accordance with these General Conditions (hereinafter, the “Content”), are and remain the exclusive property of the Publisher, which grants the User a limited, revocable, personal, non-transferable and non-exclusive license to use the Content and Services in accordance with these General Conditions, provided in any case that the User may not – except as provided for in the relevant section:

5.2. download, copy, modify, sell, assign, sub-license, confer or transfer to third parties or create derivative works from any of the Publisher’s industrial and intellectual property rights, nor allow third parties to do so through the User or his/her computer. Products or services advertised on the Sites, whose industrial and intellectual property rights belong to their respective owners, are not considered Content.

5.3. The downloading and use in general of the Content through the Services is permitted exclusively for private purposes: the User acknowledges and expressly accepts the prohibition to reproduce, copy, transmit, sell, publish, or commercially exploit the Content.

5.4. Users may provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Sites (“Feedback”). User may submit Feedback by e-mailing us, at Support@mondadori.com. User acknowledges and agrees that all Feedback provided to Publisher (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Publisher. Without limiting the foregoing, User acknowledges that Feedback may be disseminated or used by Publisher or its affiliates for any purpose whatsoever, including developing, improving and marketing products. User hereby irrevocably transfers and assigns to Publisher all of User’s right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights User may have in such Feedback. User agrees to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect Publisher’s rights in such improvements, enhancements and modifications.

5.5. Copyright Policy

5.6. Publisher respects copyright law and the intellectual property rights of others, and expects Users to do the same. Publisher will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. In appropriate circumstances, we will terminate the accounts of Users who are determined to be repeated copyright infringers.

If User believes that his/her proprietary work has been copied in a way that constitutes copyright infringement by any content or material on the Sites, please e-mail Publisher’s registered agent for notification of claims of digital.mondadori.it/condizioni-di-partecipazione-ai-siti 4/7 US_Active\115193685\V-2 infringement pursuant to Section 512(c) of the Copyright Act at [DMCA@mondadori.com]. In your notice, please provide the following information:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material;
  4. your contact information, including your address, telephone number and e-mail address;
  5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

We reserve the right to remove User Contributions alleged to be infringing without prior notice, at Publisher’s sole discretion.

If you believe that any of your Contributions have been subsequently removed from the Sites, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to Publisher’s Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):

  1. your physical or electronic signature.
  2. a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement. (See 17 U.S.C. Section 512(c)(3) for further detail about the Digital Millennium Copyright Act).

Our designated copyright agent for notice of alleged copyright infringement is:

Copyright Agent

E-mail: CopyrightAgent@mondadori.com.

Duration and cancellation.

6.1. The Services are provided suspended by Publisher or terminated by either party as provided for under these General Conditions. The Publisher may, in its discretion, without liability to User and without limiting Publisher’s other remedies, with or without prior notice and at any time, decide to (i) limit, suspend, deactivate or cancel User’s account and take technical and legal steps to prevent User from using the Sites and Services at any time for any reason, and (ii) screen or delay the posting or delivery of Contributions.

6.2. The User may at any time request the cancellation of his/her account and of his/her data provided during registration, by sending an e-mail to desk@mondadori.it, in accordance with the provisions of Legislative Decree No. 196/2003 and Regulation (EU) 2016/679.

  1. Changes to the General Conditions.

7.1. The Publisher reserves the right to modify these General Conditions, as well as the terms and characteristics of the Services, at any time, either using general notices to Users published on the Sites or by sending an e-mail to the User indicating the effective date of the changes, which must take place at least 10 days after the date of the notice.

7.2. The continued use of even just one Service by the User after the term referred to in Section 7.1 above constitutes tacit expression of the willingness to accept the changes to the General Conditions.

7.3. These General Conditions came into force on 11/7/2017. Previous versions of the General Conditions can always be consulted at https://digital.mondadori.it/condizionii_di_partecipazione_old.html.

  1. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, PUBLISHER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY digital.mondadori.it/condizioni-di-partecipazione-ai-siti 5/7 US_Active\115193685\V-2 OR AVAILABILITY OF THE SITES OR SERVICES, OR THAT USE OF THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.

Limitation of Liability

USER ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW: THE ENTIRE RISK ARISING OUT OF OR RELATING TO USE OF THE SITES IS AND REMAINS WITH USER. WITHOUT LIMITING THE FOREGOING, PUBLISHER DISCLAIMS ANY AND ALL LIABILITY RELATED TO (I) USER’S USE OF OR INABILITY TO USE THE SITES, (II) THE ACTS OR OMISSIONS OF ANY OTHER USER OR ANY OTHER PERSONS WITH WHOM USER COMMUNICATES OR INTERACTS AS A RESULT OF USER’S USE OF THE SITES, AND (III) ANY CONTRIBUTION ACCESSED, VIEWED OR DOWNLOADED IN CONNECTION WITH THE USE OF THE SITES.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING AND USING THE SITES, SUBMITTING AND TRANSMITTING CONTRIBUTIONS, COMMUNICATING OR INTERACTING WITH OTHER USERS AND ACCESSING, VIEWING OR DOWNLOADING THE USER CONTRIBUTIONS OF OTHER USERS ARE DONE AT USER’S OWN DISCRETION AND RISK, AND USER AND HEREBY RELEASES PUBLISHER AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING. IN NO EVENT WILL PUBLISHER OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PUBLISHER OTS ITS PUBLISHERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSIVE OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO USER ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, PUBLISHER AND ITS LICENSORS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100).

Indemnification

To the maximum extent not prohibited by applicable law, User agrees to release, defend, indemnify, and hold the Publisher, its licensors, and their respective parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) User’s access to or use of the Sites , including any and all features, functionality, tools, content and promotions available on and through the Sites, (ii) User’s Contributions, (iii) any interactions with any other User, (iv) User’s breach of these General Conditions, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (v) User’s gross negligence or willful misconduct.

User agrees that, at Publisher’s option, User will conduct the defense of any such claim or action; provided that, notwithstanding Publisher’s election that User conduct the defense, (i) Publisher may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) User will not enter into any settlement or other compromise without the prior written approval of Publisher (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.

Applicable law and jurisdiction.

8.1 The General Conditions shall be governed by and interpreted in accordance with the laws of [JURISDICTION] without regard to conflict of law principles. Notwithstanding any contrary provision of these General Conditions, all disputes, claims, controversies and matters relating to or in connection with these General Conditions (or the breach thereof) or any transactions hereunder shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in New York before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.

Subject to the above arbitration provisions, User and Publisher agree that any and all disputes, claims and actions, at law or in equity, arising out of or relating to or in connection with the General Conditions or the breach, digital.mondadori.it/condizioni-di-partecipazione-ai-siti 6/7 US_Active\115193685\V-2 termination, enforcement, interpretation or validity thereof, or to the use of the Sites (collectively, “Disputes”) in the federal or state courts located in [JURISDICTION] and each of us agrees that such courts shall have exclusive jurisdiction and venue for any such actions, except that Publisher retains the right to submit a Dispute to any court of competent jurisdiction. Publisher also may seek injunctive or other equitable relief for breach of these General Conditions in any court of competent jurisdiction wherever located. User consents to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.9. USER AGREES THAT USER MAY BRING CLAIMS AGAINST PUBLISHER ONLY ON AN INDIVIDUAL BASIS AND HEREBY WAIVES THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS BOTH USER AND PUBLISHER OTHERWISE AGREE IN WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.

Risk warnings for Users.

9.1. The Publisher declines all liability for any abuses committed by Users, or to which they are subjected as a result of the conduct of third parties, whether or not committed in violation of these General Conditions.

9.2. Users are warned that the data, their own or that of others, entered on the Sites by the User and thus made public, will be accessible by anyone who accesses such Sites, including through search functions within the site and may be indexed in search engines and become available also to persons not registered on the Sites.

9.3. The Publisher encourages Users to evaluate with due care and attention whether or not to publish: i) personal data (including, without limitation, their e-mail address) that may reveal, even indirectly, their identity; ii) photos and/or videos that make other people and places identifiable; iii) other data that may reveal, even indirectly, the identity of third parties (such as, without limitation, other people who share similar experiences or pathologies or who have undergone similar medical treatment).

9.4. The Publisher does not automatically publish Users’ contact details (including, without limitation, their e-mail address) communicated at the time of registration (except for people who contribute to the Sites as experts) together with comments and/or other Contributions.

9.5. Where provided for by the various Sites, the Publisher ensures Users the possibility to use the chosen nickname and to choose with whom to share their personal information (e.g., photos, date of birth and other data). Where this possibility is not allowed, the User acknowledges that, in sharing information related to his or her identity as well as personal information on the Internet, such information may become accessible to an indeterminate number of people.

9.6. The User acknowledges that the Publisher, with its services, provides useful tools to prevent the dissemination of personal data, including sensitive data.

9.7. Bearing in mind the above, the User is in any case fully free to make his or her personal data, including sensitive data, public, knowing that, in this case, this information may also be accessed by unauthorised persons.

9.8. In their Content, the Sites also deal with issues related to health, wellness, nutrition, diets, diseases, sex, maternity and contraception. Such topics may not be suitable for everyone; therefore, the User is advised to make sure that the Content of the Site being consulted meets his/her needs and is suitable for his/her age and/or specific health conditions and the like. The Publisher shall not be liable for any damages claimed by Users for any information and/or Content of the Sites that may have been disturbing and/or offensive.

9.9. The information contained in the Sites concerning nutrition, health, wellness, diets (or in any case topics related to these areas) are made available to Users for purely informational purposes (without prejudice to the provisions of Sections 11 and 12 below). This information cannot, and is in no way intended to, replace the relationship with a doctor or other health professional. Therefore, if the User considers that he/she needs advice concerning the topics dealt with on the Sites, he/she is invited to directly contact a doctor and/or specialist or health professional for the indication of any proper therapeutic and/or dietary and/or training and/or lactation and/or rehabilitation and/or dietary supplement programme.

9.10. Under no circumstances shall the Publisher, the authors of the articles, nor any other person connected to the Sites, be held liable for any effective or potential damage connected to the use of the information contained therein. The Publisher shall not be held liable for any misuse that Users may make of the information contained in the Sites. Furthermore, as it is not possible to guarantee the absence of errors and the absolute correctness of the information disclosed, the Publisher shall not be liable for any information or news reported on the Sites that is found to be incorrect or untrue.

9.11. Under no circumstances shall the Publisher be liable for any damages claimed by Users for any information or content on the Site that may be disturbing or offensive.

  1. Specific provisions applicable to health-related Services.

10.1. The Publisher makes available to the Users certain Services relating to health, wellness, nutrition and diets, illnesses, maternity and sex, to which the provisions of the General Conditions apply.

10.2. Users of these Services are also required to comply with the terms and conditions that are specifically applicable to such Services and which are set forth below. Where applicable, when registering or using the Service for the first time, the User must state that he/she has read the terms and conditions of the Service:

10.3. The Services dedicated to health, wellness, nutrition and diets, diseases, maternity and sex are mainly for the dissemination of information and knowledge concerning such topics. Such information can in no case be considered an alternative to, or a substitute for, adequate specialist medical advice.

10.4. The Publisher declines all liability towards the User for any errors and/or inaccuracies and/or misunderstandings that the User may experience. digital.mondadori.it/condizioni-di-partecipazione-ai-siti 7/7 US_Active\115193685\V-2

10.5. The Publisher declines all liability for any consequences arising from any User’s actions that may be in contrast with the exclusively informative nature of the Services and cannot be held liable for any direct or indirect damages suffered by the User.

  1. Web Push Notification Service

11.1. The Publisher offers to Users a Web Push Notification Service, i.e., the possibility of receiving notifications regarding content, including advertising content, through their browser – if and to the extent that their browser is enabled for this purpose according to its technical characteristics, and once the process of acceptance of the specific Service has been correctly completed.

11.2. The Web Push Notification Service is subject to specific acceptance and is provided by each enabled browser according to its terms and conditions.

11.3. To use the Web Push Notification Service, interested Users must join the Web Push Notification Service by completing the registration procedure for the Service.

11.4. By accepting the sending of Web push notifications, the User confirms that he/she has read and accepted these General Conditions and, more specifically:

(a) that he/she will receive notifications regarding content such as, without limitation, news, updates and advertising messages from third parties;

(b) that Web push notifications will be sent from the browser even if running in the background;

(c) that the Publisher does not guarantee a time for sending and/or delivering notifications;

(d) that the User may, at any time, exercise his/her right to withdraw from the Web Push Notification Service, withdrawing his/her subscription and waiving the receipt of Web push notifications through his/her browser settings, also accessible by the individual Web push notifications received, according to the terms and conditions of his/her browser.

11.5. All costs related to the User’s device and data connection necessary to use the Web Push Notification Service shall be borne exclusively by the User.

11.6. The Publisher expressly informs the User that, if any updates to the browser and to the User’s devices are required in order to use the Web Push Notification Service, these updates must be carried out at the User’s own expense.

11.7. The Web Push Notification Service is offered free of charge “as is”, i.e., without any guarantee of delivery of notifications, which depends solely and exclusively on the correct performance of the subscription procedure proposed by the browser, the activation by the Publisher, and the availability of the data connection.

11.8. Commercial use of the Web Push Notification Service by the User is strictly prohibited.

11.9. The Publisher is in no way liable for any interruptions in the provision of the Web Push Notification Service due to causes not directly attributable to it and/or which are beyond its technical control, such as browser and telematic network malfunctions.

11.10. The Publisher reserves the right to modify, suspend and/or interrupt, at any time, in whole or in part, at its sole discretion, including permanently, the provision of the Web Push Notification Service, without prior notice and without any obligation to pay compensation and/or reimbursement on the part of the Publisher. The Publisher reserves the right to unilaterally suspend the provision of the Web Push Notification Service if the User violates these General Conditions and, more specifically, the provisions set out in Section 12.

11.11. The Publisher disclaims any warranty beyond what is granted in these General Conditions: it is understood that the User will use the Service under his/her full and exclusive responsibility and that the use of the Service must comply with all instructions provided by the Publisher.

11.12. The User is authorised to use the Service exclusively for personal use, with the exclusion of any collective or for profit use, and shall be fully liable for any unauthorised use.

11.13. The Publisher does not guarantee in any way that the Content shall be accurate and/or up to date. The Publisher shall not be liable for any damages that may result to Users as a result of the use of the information and content sent via the Web Push Notification Service.

11.14. Any trademarks, logos, graphics, photographs, animations, videos, texts and other content sent by the Publisher via the Web Push Notification Service shall be the exclusive property of the Publisher and may not be reproduced, used or represented without the express permission of the Publisher. The rights of use granted by the Publisher to the User are strictly limited to the access, request, receipt and storage on his/her device of the Content published and promoted for such purpose, and to the use of such Content for private and personal use and with the exclusion of any sharing, dissemination, communication or profit outside the scope granted by the Publisher.

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