Whereas These general contract terms (hereinafter the "General Terms") represent the terms and conditions that regulate the use, by Internet users (hereinafter the "Users" or "User") who accept the following General Terms, of the "RAY-BAN VIRTUAL MIRROR" service of the Ray-Ban.com website provided by Luxottica Group S.p.A., with registered office in Via C. Cantù no. 2, 20123 - Milan and its parent companies, subsidiaries, associated companies as well as its agents and assignees (hereinafter the "Supplier"), as supplier of virtual spaces autonomously managed by users (hereinafter the "Service").

ARTICLE 1: "VIRTUAL MIRROR" service of the RAY-BAN.COM website
1.1 The Service allows Users to virtually test RAY-BAN accessories and products online. The service is provided via a photograph or video the subject of which is the face of a male/female model that can be obtained on the aforesaid website or if a webcam is available through images supplied by the User. The Supplier reserves the right (and not the obligation) to allow the User to take "pictures of the screen" (hereinafter the "Content") which can be posted, published, shared, circulated and communicated - at the User's sole responsibility within ad hoc virtual spaces that are technically prepared to host them.
1.2 The Users hereby acknowledge and accept that the Content they post in the aforesaid spaces is published online and, therefore, will be available and accessible, at no charge and for the whole period it remains online, to any Internet surfers/users allowed to access and see them until cancelled. The supplier declines all responsibility with regard to such cancellation.
1.3 Users acknowledge and accept that, also considering the nature of the Internet, the Supplier neither gives any guarantee nor undertakes any responsibility against the risks of deterioration and/or piracy involving the Content or part thereof.
1.4 Users are expressly informed that the right to use the Service is restricted to physical persons, is personal and cannot be transferred to third parties, either gratuitously or at a charge, both temporarily and definitively. Users expressly acknowledge the prohibition of making any commercial use of the aforesaid Service, without any prior express written authorization of the Supplier.
1.5 Users accept that, in accordance with Internet uses and practices, the Supplier has the right to include advertisement messages inside the Portal.
1.6 Users are expressly informed that the accessories and the products that are virtually made available to them by the Supplier for the purpose of the Service are offered in agreement with the third-party owners of the rights to the aforesaid accessories and products - such as the manufacturer, the trademark owner and the distributor, and that the Service allows to have an idea of the accessories and products contained in the RAY-BAN.COM website without guaranteeing in any way the similarity, identicalness and/or likelihood of the latter with the real accessories and products. The Supplier and the third parties entitled to the aforesaid rights shall therefore be exempt from any liability concerning the features and the quality of the real products as well as the similarity of the "virtual" products to the "real" products and the level of Users' satisfaction also after a physical test.
1.7 Users are expressly informed that to take advantage of the Service they will be required to download the TryLive software and the necessary Plugins, accept the TryLive system’s user licence, verifying that it matches the specified technical requisites.

ARTICLE 2 : Acceptance
2.1 In order to take advantage of the Service referred to in Article 1.1, Users must give their acceptance, subject to reading these General Terms, by clicking on the button "Accept - Application Launch."
2.2 Users undertake not to use the Service for the circulation of other people’s images and images of which they have no full or absolute ownership.

ARTICLE 3: Guarantees and Liability
3.1 Users acknowledge 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. Thus, Users shall be solely responsible for any Content autonomously posted, published and/or circulated online through the Service, in the name and/or on behalf of third parties, as well as for the accuracy and truthfulness of the same.
3.2 The Supplier acts solely as supplier of virtual spaces and therefore, without prejudice to any mandatory legal provisions, it cannot guarantee that the Content posted by Users through the Service is not inappropriate or offensive, waiving all liability in this respect.
3.3 Users undertake to use the Service only for lawful purposes allowed under the laws in force from time to time, customs and usage, due diligence and, in any case, without jeopardising any third-party rights. In particular, Users acknowledge that it is prohibited (or allow other people) to post and/or publish in their Profiles and/or, more generally, in the web spaces made available to them, Content: - that is offensive, insulting, defamatory, slanderous, pornographic, vulgar, obscene, pedo-pornographic, blasphemous and, in any case, that does not comply with public order and good conduct principles or that may in any way damage minors. - that is illegal by whatever title; violates applicable legal regulations - including, but not limited to, copyright or data protection law provisions - or distinctive signs, intellectual or industrial property rights or other third-party rights; - that is protected by copyright, without the express authorisation of the third party owners of the intellectual property rights, as detailed in Article 5.5. that follows; - that causes disturbance to the public or to private individuals or gives offence or causes damage, either direct or indirect, to anyone or 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, cause 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 Content or any other kind of unrequested or unwanted solicitation.
3.4 Furthermore, Users acknowledge and accept that it is forbidden to post the following in the web spaces made available to them: i) sensitive data pursuant to Article 4, paragraph 1, letter d) of the Data Protection Code; ii) photographs/images of minors without obtaining prior parental authority and/or, in any case, iii) personal data of third parties (including images/photographs) without the necessary authorisation to publish/circulate them online.
3.5 Users expressly acknowledge and accept that any Content protected by copyright can be posted in the spaces made available to them as long as they have obtained the right to use such Content from the owner of the copyright and of any other related right and therefore only with the permission of the owner of the right and under the obligation of specifying the source and the existence of the permission. Thus, Users guarantee the origin and originality of the Content posted through the Service, in the aforesaid spaces and undertake not to copy, reproduce, process, alter, modify, transcribe, duplicate, communicate, distribute, exchange or otherwise disclose or make available to the public any Content protected by copyright without the express authorisation of the owners of the related copyright. Users are aware that any violation of the aforesaid provisions is punishable pursuant to Article 171 et seq of the Copyright Law and, in particular, that it is strictly forbidden to reproduce and make available to the public (even through file sharing) works protected by copyright without the authorisation of the copyright owner and sanctions are imposed for such violations, including criminal sanctions, as provided under Copyright Law.
3.6 Users give their consent to and expressly authorise the Supplier, also pursuant to Legislative Decree no. 185/99, Article 10, paragraph 1 and Legislative Decree no. 171/98, Article 10 to use automated communication means also without the use of operators (e-mails, pop-ups, texts, ordinary mail, banners), within the limits established by the consent to personal data processing expressed pursuant to the Data Protection Code, to send advertisement messages.
3.7 Users acknowledge that the Supplier has the right to reproduce, store and circulate the Content they have posted, as well as to remove it without giving any notice or providing explanations.

ARTICLE 4: Netiquette rules and principles of conductWithout prejudice to these General Terms, in taking advantage of the Service, Users are required to follow netiquette (literally "etiquette of the Net") and any amendments and integrations to the same, i.e., a set of rules spontaneously developed within the Internet which contain various provisions on the behaviour that Internet users are required to comply with when using the Internet.

ARTICLE 5: IndemnityBased on the provisions set forth in Articles 2, 3 and 4 above, Users undertake to hold the Supplier harmless, even after the expiry and/or invalidity of this contract for any reason whatsoever, with regard to substance and before the Courts, against any loss, damage, liability, cost, expense (including legal fees) deriving from the online publication and circulation of Content posted on the Internet by the same Users or from the Users’ use of the Services.

ARTICLE 6: Disabling and cancellation of Content
6.1 It is understood that: i) in the event of violation by Users of the provisions and guarantees set forth under Articles 5 and 6 above or, in any case, should the Supplier become aware in any way that Users have utilised the Service in a different manner than that envisaged in these General Conditions and/or receive documented complaints and/or reports regarding the risk of said violation; or ii) should any complaint arise or any claim and/or demand be lodged by third parties against the Suppliers in relation to the Content; or iii) should the Supplier deem, at its own unappealable judgement, that the Content may be damaging to third parties or to itself; or iv) should the Service be used by Users for commercial purposes; or v) in the event of requests by the competent authorities, the Supplier will have the right, at its own complete discretion, save any other remedy set forth by law, to take any measures or initiatives it deems appropriate and/or necessary, including the temporary removal or final cancellation of the Content, and/or the temporary or final disabling of any access to the Service. The Supplier nevertheless has the right to terminate this Contract and claim compensation for any damage suffered. It is understood that the Service cannot be used by any Users that have been either definitively or temporarily suspended.
6.2 Users acknowledge that in the event that the Supplier, in carrying out the usual verifications on the operation of the Service, becomes aware, by chance, of alleged unlawful activities carried out by the Users (such as, but not limited to, the distribution of pedo-pornographic Content through the Service), the Supplier is required to take immediate action, pursuant to applicable law, and report such violation to the competent authorities, providing, upon request by the latter, the information in its possession to enable identification of the Users, to allow said authorities to identify and prevent criminal activities.
6.3 Users also acknowledge that, without any notice, the Content posted by them can be deleted, on a random basis, if the max. concentration thresholds have been reached. Therefore, Users are invited - in their own interest - to save the Content posted via the Service on their own terminals or other technological support, without prejudice to the provisions and the prohibitions set forth in art. 1. Under no circumstances will the Supplier be considered responsible for the loss or deletion of any Content.

ARTICLE 7: Availability of the Services
7.1 Except to the extent required by law, the Supplier does not guarantee the full and constant operation of the Service, nor does it grant or recognise guarantees of any other kind, whether explicit or implicit, and provides no assurances regarding the quality, proper operation and appropriateness of the Service for any specific purpose or result, nor the publication or duration of the online Content. The Supplier may suspend and/or interrupt the Service (and/or the online publication and/or distribution of the Content) in the event of congestion and/or overloading of the system, as well as to allow any ordinary and extraordinary maintenance, without accepting, except to the extent required by the law, any responsibility, including cases where non-availability of the Service is caused by partial or total interruption of the access service provided by the telecommunications operator.
7.2 The Supplier shall not be held responsible for delays, malfunctioning, suspension and/or interruption - with respect to the User or parties directly or indirectly connected to the User - in providing the Services, caused by: force majeure or fortuitous events; tampering or illegal actions by third parties on the services or equipment used by the Supplier; tampering or actions on the connection apparatus of the Registered Users carried out by the latter or by unauthorised third parties; improper use of the Service by the Users; malfunctioning/improper configuration of the connection apparatus used by the Users.

ARTICLE 8: Intellectual property rights
8.1 Users acknowledge that the Service, as well as all the software necessary to provide the same (hereinafter the "Software"), are the exclusive property of the Supplier, contain confidential information and are protected under the laws governing the subject matter. The Supplier therefore grants the Users a non-exclusive and non-transferable gratuitous licence to access and use the Service and the Software required for said use.
8.2 Unless expressly authorised by the Supplier in writing, Users agree 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 Users cannot (nor allow third parties to) sub-licence, 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. Furthermore, Users are not authorised 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.
8.3 Users agree not to access the Service in any other manner except through the software interface distributed by the Supplier. Users also acknowledge and accept that the acquisition of any Content or data through use of the Service is under their complete responsibility and that, therefore, they are solely responsible for any damage to the system or loss of data caused by using the Service, even indirectly.Users also acknowledge that use of the Service and of the relative Software is at their own risk and peril and that the Service and Software are provided by the Supplier and accepted by Users in their current condition ("as is" and "as available"). The Supplier does not offer any guarantee that the Software meets the Users’ requirements or that it is uninterrupted, convenient, safe or error-free; moreover, the Supplier does not give any guarantee on the results expected, hoped and obtained through the use of the Software.8.5 The Supplier expressly reserves the right to amend, even without notice, the Software waiving any liability also in the event that the Users fail to use it for any reason or cause whatsoever.

ARTICLE 9: Change in ServicesThe use of the Service requires acceptance of these General Terms by Users. Users are aware that these General Terms can be amended at any time by simply publishing the new version online. By using the Service, Users undertake to be updated on and become aware of the terms and to be informed of any amendments made. The new terms and conditions shall be automatically effective as soon as they are published on the website. Should Users disagree with the new terms, they may decide that they no longer wish to take advantage of the Service without having any right or claim deriving from failure to make past use of the Service. Under no circumstances will the Supplier be liable if, following the aforesaid amendments, the Content posted by the Users is deleted.

ARTICLE 10: Duration and withdrawal
10.1 The Service is provided at no charge, for an indefinite period of time and does not require registration. The above is without prejudice to any additional provisions contained in the disclaimer regarding the authorisation and waiver of liability for the use of images by Users.
10.2 In the event of interruption, for any reason, of the use of the Service and of the related Software, the User will continue to be liable for the Content posted.

ARTICLE 11: CommunicationsUsers can contact the Supplier directly to obtain clarifications on the Service by writing to: info@Luxottica.com. Users can, nevertheless, contact the Supplier also at the following address: Luxottica Group S.p.A., Via Cantù no. 2, 20123 - Milan.

ARTICLE 12: Express termination clauseIn addition to the provisions governing the suspension or interruption of the relationship arising from this contract, the Supplier also reserves the right to immediately terminate the Service, pursuant to and by the effect of Article 1456 of the Italian Civil Code, in the event of breach of even just one of the obligations contained in this contract. The above does not prejudice any further claims for damages suffered.

ARTICLE 13: Court of jurisdiction and Applicable lawThese General Terms are subject to Italian law.Any dispute concerning the interpretation and/or performance of this Contract will be the sole jurisdiction of the Court of residence or elected domicile of the consumer, pursuant to Article 1469 bis of the Italian Civil Code, if located in Italy (Article 63 of Legislative Decree no. 206 of 6 September 2005).If the User is not a consumer, the Court of jurisdiction will exclusively be the Court of Milan.

ARTICLE 14: ReferenceAny matter that is not expressly dealt with in this Contract shall be governed by applicable law.

ARTICLE 15: Authorisation and waiver of responsibility for the use of names and imagesI expressly grant Luxottica Group S.p.A., with registered office in Via C. Cantù no. 2, 20123 - Milan, its parent companies, subsidiaries and associated companies as well as its agents and assignees (hereinafter collectively "Luxottica"), the full and irrevocable right and authorisation to use, reuse, publish, republish, show, represent, transmit and reproduce my videos, my voice, my photographs and/or other representations, wholly or in part, individually and/or together with other Content, including by way of example, texts, photographs and/or images, in any format currently in existence or that will be invented in the future and for any purpose, including the use for spots, advertisement, promotions, packaging and commercial applications, without any territorial, time or type-of-use restriction, except for the specific cases prohibited by law. I declare that I expressly accept that, my videos, my voice, my photographs and/or other representations can be used in association to any visual image, advertisement text and/or other element discretionally chosen by Luxottica for any media use (including without any restrictions the use on the Internet), except for the specific cases prohibited by law and that the content of this form can in no way oblige Luxottica to use my videos, my voice, my photographs and/or other representations.I declare that I expressly accept that all the Content produced pursuant to this deed will be and will remain the sole property of Luxottica and I expressly waive any payment, remuneration, fee and/or indemnity.I expressly represent and warrant to have full right to grant Luxottica all the rights indicated above, without the need to ask for the authorisation of or inform third parties.I expressly waive any and all rights, grounds and actions concerning the inspection and approval of the finished product and of the advertisement/spot that may be produced and used. I furthermore hereby expressly declare to hold Luxottica, and all its managers, executive, employees, contractors, agents and any of its assigns - including, but not limited to, licensees, heirs and assignees - harmless against any liability, loss, claim, cost and expense (including, but not limited to, legal fees), generated and associated with any kind of use granted pursuant to this deed, including, but not limited to, any claim filed for slander, violation of privacy, of advertising rights and any other further claim deriving from the afore-regulated use.I expressly represent and warrant that all the statements and declarations I have provided are exclusively and directly attributable to me and hereby expressly accept to undersign, as confirmation thereof, any additional documents as requested by Luxottica.I expressly declare that I am of sufficient legal age as prescribed under law to sign a binding agreement.