These general contract terms (the "General Terms") represent the terms and conditions that regulate the use of the "RAY-BAN VIRTUAL MIRROR" service provided by Luxottica Group S.p.A., with registered office in Piazzale Cadorna no. 3, 20123 - Milan and its parent companies, subsidiaries, associated companies as well as its agents and assignees (the "Supplier"), as supplier of virtual images (the "Service").
1: The Service
1.1 The Service allows Users to virtually test RAY-BAN products on a virtual mirror (the “Virtual Mirror”) via a photograph or video of the face of a male/female model shown on the Virtual Mirror or, if a webcam is activated on the User’s device, of the User’s face. The Service allows the User to take pictures of their images on the screen (the "Content") which can be posted, published, shared, circulated and communicated at User’s sole discretion on social media websites controlled by RAY-BAN (collectively “RAY-BAN Social Media”) or on social media websites controlled by third parties (“Third-Party Social Media”) (collectively “Social Media”).
1.2 the right to use the Service is restricted to physical persons, is personal and cannot be transferred to third parties, either for free or at a charge, both temporarily and definitively. No commercial use of the Service is allowed.
2: Authorization and Waiver of Responsibility for the Use of Names and Images
User expressly grants the Supplier a full, irrevocable, worldwide license to use, reuse, publish, republish, show, represent, transmit and reproduce any Content posted by the User in any RAY-BAN Social Media, in any format currently in existence or that will be invented in the future and for any purpose, including the use for advertisement, promotions, packaging and commercial applications, without any territorial, time or type-of-use restriction, or payment obligations from Supplier, except for the specific cases prohibited by law. Supplier shall have no obligation to use the Content. User expressly waives any and all rights, grounds and actions concerning the inspection and approval of the finished product that may be produced and used in connection with the Content.
3: User’s Representations and Warranties
3.1 USER REPRESENTS AND WARRANTS THAT (I) USER HAS ALL NECESSARY RIGHTS AND AUTHORITY TO USE THE CONTENT; (II) USERS’ USE OF THE CONTENT WILL NOT INFRINGE ON ANY COPYRIGHTS, MORAL RIGHTS, RIGHT OF PRIVACY OR RIGHT OF PUBLICITY, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY PERSON OR ENTITY, (III) USER WILL USE THE SERVICE ONLY FOR LAWFUL PURPOSES ALLOWED UNDER THE APPLICABLE LAWS AND, IN ANY CASE, WITHOUT JEOPARDIZING ANY THIRD-PARTY RIGHTS; (IV) USER HAS THE NECESSARY AUTHORITY TO GRANT SUPPLIER ALL THE RIGHTS INDICATED ABOVE, WITHOUT THE NEED TO ASK FOR THE AUTHORIZATION OF OR INFORM THIRD PARTIES.
3.2 USER REPRESENTS AND WARRANTS THAT USER WILL NOT POST AND/OR PUBLISH, OR ALLOW OTHER PEOPLE TO POST AND/OR PUBLISH ANY CONTENT THAT IS OFFENSIVE, INSULTING, DEFAMATORY, DAMAGING, SLANDEROUS, PORNOGRAPHIC, VULGAR, OBSCENE, PEDO-PORNOGRAPHIC, BLASPHEMOUS; THAT VIOLATES APPLICABLE LAWS OR REGULATIONS - INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY, PRIVACY, OR DATA PROTECTION LAWS PROVISIONS; THAT ENCOURAGES THIRD PARTIES TO ENGAGE IN ILLEGAL AND/OR CRIMINAL CONDUCT LEADING TO CRIMINAL OR CIVIL LIABILITY; THAT CONTAINS VIRUSES OR OTHER PROGRAMS AIMED AT DAMAGING OR INTERFERING WITH THE PROPER OPERATION OF THE SERVICE, CAUSES AN UNREASONABLE OVERLOAD OF ACTIVITIES OF THE TECHNOLOGICAL INFRASTRUCTURES AND SERVERS OF THE SUPPLIER OR THAT INTERCEPTS OR MISAPPROPRIATES OPERATING SYSTEMS, DATA OR PERSONAL INFORMATION OR VIOLATES OR ELIMINATES COMPUTERISED OR ELECTRONIC CORRESPONDENCE TO THIRD PARTIES; THAT CONTAINS ADVERTISEMENTS, PROMOTIONAL MATERIAL OR ANY OTHER KIND OF SOLICITATION.
3.3 USER REPRESENTS AND WARRANTS THAT USER WILL NOT MAKE PUBLIC ANY OF THE FOLLOWING IN CONNECTION WITH THE USE OF THE SERVICE: I) SENSITIVE PERSONAL DATA (INCLUDING, BUT NOT LIMITED TO, DATA REGARDING A PERSON’S HEALTH, ETHNIC OR RACIAL BACKGROUND, SEXUAL ORIENTATION, CRIMINAL HISTORY, MARITAL STATUS, RELIGIOUS BELIEFS, POLITICAL OR RELIGIOUS AFFILIATIONS, OR FINANCES); II) PHOTOGRAPHS/IMAGES OF MINORS WITHOUT OBTAINING PRIOR PARENTAL AUTHORIZATION AND/OR, IN ANY CASE, III) PERSONAL DATA OF THIRD PARTIES (INCLUDING IMAGES/PHOTOGRAPHS) WITHOUT THE NECESSARY AUTHORIZATION TO PUBLISH/CIRCULATE THEM ONLINE.
User undertakes to hold Supplier harmless against any loss, damage, liability, cost, expense (including legal fees) deriving from any third-party claim related to the breach of any User’s representations and warranties under this General Terms.
5: Supplier’s Limitation of Liability
5.1 User acknowledges and accepts that the Service is solely offered in order to provide Users with an approximation of the appearance of the real products and an approximation of the appearance of the real products on the User’s face. Except to the extent required by law, if any, Supplier does not guarantee the accuracy of such approximation, the quality, proper operation or the fitness of the Service for any specific uses.
5.2 Users acknowledge and accept that the Supplier is not required to carry out preliminary verifications on the Content posted by Users, unless this is deemed necessary to comply with a judicial order or an order issued by another competent authority, as it is not subject to any general supervisory obligation and, therefore, in no way can it be held liable for the aforesaid Content, nor for any errors and/or omissions contained therein or for any direct or indirect damages caused to the Users and/or third parties from the use or non-use of the Service. Users shall be solely responsible for any Content autonomously posted, published and/or circulated online through the Service.
6: Availability and Continuity of Service
User acknowledges and accepts that Supplier reserves the right, at its own and complete discretion, to temporarily or permanently (i) suspend or eliminate the Service, (ii) disable any access to the Service, (iii) remove or delete the Content from any RAY-BAN Social Media. Under no circumstances shall the Supplier be deemed responsible for the loss or deletion of any Content.
7: Notification to the Authorities
User acknowledges and accepts that in the event that the Supplier becomes aware of any alleged unlawful activities carried out by the User (such as, but not limited to, the distribution of pedo-pornographic Content through the Service), pursuant to applicable laws the Supplier might be required to take immediate action, and report such violation to the competent authorities, providing the information in its possession to enable identification of the Users, to allow said authorities to identify, prevent, and prosecute criminal activities.
8: Automated Communications
Users give their consent to and expressly authorize the Supplier to use automated communication means also without the use of operators (e-mails, pop-ups, texts, ordinary mail, banners) to send advertisement messages.
9: Intellectual Property Rights
9.1 User acknowledges that the Service, as well as all the software necessary to provide the same (the "Software"), are the exclusive property of the Supplier, contain confidential information and are protected under the law. The Supplier, or its licensors, grant the User a non-exclusive and non-transferable royalty-free license to access and use the Service and the Software required for said use.
9.2 Unless expressly authorized by the Supplier in writing, User agrees not to modify or provide in any way (with or without payment) and not to distribute, disclose or create works wholly or partially based on the Service or the Software. It is nevertheless understood that User cannot (nor allow third parties to) sub-license, rent, sell, distribute, circulate, provide, transform even only in part, de-codify, break down, disassemble, modify or translate the Software, carry out reverse engineering and in any case reproduce, copy, use or provide the Software, or parts of it, in any other manner except for that expressly permitted herein or permitted by mandatory law. User is not authorized to create works deriving from or in any case attempting to uncover any source code, or develop products or software applications based on the Software or that in any way make use of the same.
9.3 User agrees not to access the Service in any other manner except through the software interface distributed by the Supplier. User also acknowledges and accepts that the acquisition of any Content or data through use of the Service is under User’s complete responsibility and that User is solely responsible for any damage to the system or loss of data caused by using the Service, even indirectly. Use of the Service and of the Software is at User’s own risk and peril. The Service and Software are provided by the Supplier and accepted by User in their current condition ("as is" and "as available"). Supplier does not offer any guarantee that the Software meets User’s requirements or that it is uninterrupted, convenient, safe or error-free; moreover, Supplier does not give any guarantee on the results expected, hoped and obtained through the use of the Software.
10: Unilateral Modification of General Terms
Use of the Service requires acceptance of these General Terms by User. User acknowledges and accepts that these General Terms can be amended unilaterally by Supplier at any time by simply publishing the new version. By using the Service, User accepts the General Terms current at the time of use. The new General Terms shall be automatically effective as soon as they are published. Should User disagree with the new terms, User should no longer use the Service, without having any right or claim deriving from failure to make past use of the Service. Under no circumstances shall the Supplier be liable for deleted Content.
User can contact the Supplier directly to obtain clarifications on the Service at http://www.ray-ban.com/getsupport.
12: Jurisdiction and Applicable Law
These General Terms are subject to Italian law. Any dispute concerning the interpretation and/or performance of these General Terms will be the sole jurisdiction of the Court of residence or elected domicile of the consumer, pursuant to 1469 bis of the Italian Civil Code, if User is a consumer domiciled in Italy (63 of Legislative Decree no. 206 of 6 September 2005). If the User is not a consumer or not domiciled in Italy, the Court of Milan will have exclusive jurisdiction.
Any matter that is not expressly dealt with in this General Terms shall be governed by applicable law.