Terms and Conditions for User Submissions
TOD’S Gommino Project
1.1. The purpose of TOD’S S.p.A. (“TOD’S”) Gommino project (“Project”) is to collect photos of people wearing TOD’S Gommino shoes.
1.2. Individuals may make a submission to the Project by submitting a photo or other content to the Project website or interacting with material submitted by others on the Project website (together, “Content”). Submitting Content is voluntary, and by participating an individual (“User”) is considered to have accepted the following Terms and Conditions for User Submissions (“Terms and Conditions”).
1.3. The following Terms and Conditions may be changed from time to time, and the User is considered to have accepted the Terms and Conditions active at the moment in which the User submits Content to the Project website.
2. SUBMITTING CONTENT
2.1 By submitting a photo or other content, the User attests to the following:
– the User is at least 18 years old;
– the User owns the entire copyright to the photo or other content that is submitted, i.e. the photo has not been taken from or copied from another source;
– any photo submitted is either (i) of the User, or (ii) of a person who consented to having their photo taken or used by the User for submission to this Project. If the latter, the User has the obligation to obtain that person’s consent for the use, publication, communication and dissemination of the photo, including use by TOD’S as specified herein, as well as consent for User and other users to interact with the Content on the Project website. By submitting the photo of another person, the User attests to have received this consent;
– any individual depicted in a photo submitted to the Project is at least 18 years of age;
– in case of photos depicting parents and/or kids under 18 years of age, parents as Users provide on behalf of their kids under age the required consent under the applicable Laws and Regulations and express permission for the use, publication and dissemination of their photo, including use by TOD’S as specified herein, as well as consent for Users to interact with the Content on the Project website.
2.2 The User may upload photos to the Project website as well as to any other TOD’S websites or websites approved by TOD’S. In doing so, the User provides permission to TOD’S to post their photos on the above websites and to allow other Users to interact with the Content, for example by downloading the Content or “sharing” the Content.
2.3 The User understands that TOD’S is under no obligation to post every photo it receives and may at its discretion elect to not post a photo received from a User, or remove it after it has been posted, without notice or reasons given to that User.
2.4 As the Project aims to display photos of people wearing TOD’S Gommino shoes, TOD’S retains the right to crop or otherwise edit Content as necessary and at its sole discretion to highlight the Gommino shoes.
2.5 The User understands that participation in the Project is voluntary, and therefore no payment or other compensation will be paid for the submission or use by TOD’S of any Content.
2.6 If necessary, TOD’S may need to use the contact information submitted by the User to contact the User, therefore the User must submit accurate and up to date contact information when uploading Content to the Project website.
3. CONTENTS OF SUBMISSION
3.1 In submitting Content to the Project website, the User attests that:
– the Content or submission to the Project thereof does not constitute a breach of anyone’s copyright, confidentiality or privacy, nor is it in breach of any other intellectual property or personality rights held by others;
– the Content is not defamatory, offensive, discriminatory, harassing, malicious, threatening, misleading (including as to the User or depicted person’s identity, affiliation or status), abusive, blasphemous or racist;
– the Content is not obscene, indecent or sexual;
– the Content is not likely to incite violence;
– the Content is not likely to cause alarm, anxiety or distress;
– to the best of the User’s knowledge, the Content is not capable of prejudicing any pending legal proceedings;
– the Content is not capable of creating technical harm by way of transmitting viruses, worms, corrupted data, or the like;
– the Content is in no other way unlawful or capable of giving rise, on whatever ground or basis and for whatever reason, to civil or criminal liability.
3.2 Content that does not comply with the above will not be posted on the Project website – and if it is posted, it will be removed – by TOD’s, upon actual knowledge of its unlawful nature, without notice or reasons given to the User.
3.3 Under no circumstances may TOD’S be held liable or responsible for Content submitted by Users not complying with the above or in any other way infringing on third parties’ rights or in breach of laws and regulations as in force from time to time in the relevant jurisdictions, all liability and responsibility resting exclusively on the User submitting the Content.
4. TOD’S LICENSE TO USE COPYRIGHT
4.1 The User retains any copyright he or she has in the Content submitted to the Project website. By submitting the Content, the User grants to TOD’S an irrevocable, royalty-free, non-exclusive, sub-licensable, worldwide license to use, edit, adapt, publish, copy, distribute, adapt, incorporate in other works, communicate and make available to the public or otherwise circulate the Content or portions thereof at TOD’S sole discretion.
4.2 To the extent permitted by applicable law, by submitting the content the User waives his or her right to be identified as the author, as well as any other moral rights in the Content.
4.3 The User accepts that the license herein granted to TOD’S permits TOD’S to use the Content, by way of example only, on its websites and websites approved by TOD’S, social media, online and hard copy advertising, events, and online and hard copy catalogues.
5. DISCLAIMER FOR THIRD PARTY CONTENT OR USE
5.1 The User understands and accepts all risks and liability associated with posting Content and interacting with third party content on the Project website,. TOD’S is not liable or responsible for third party content posted to the Project website, which may include or interact with the User’s Content.
5.2. TOD’S shall not be liable for any contents posted by third parties on the Project website as well as for the content of other websites the User may visit through links posted by third parties on the Project website for information purposes.
5.3. The User understands further that TOD’S is not liable or responsible for any third party use of the Content posted by the User.
6. USER PERSONAL INFORMATION
6.1 In accordance with Legislative Decree 196/2003, the User understands that his or her personal data will be used, stored and processed by TOD’S in both electronic and hard copy form for the purposes set forth above, and that such data will be shared and disseminated on the internet according to these Terms and Conditions.
6.2 User confirms its understanding that the disclosure of its personal data is necessary for participating in the Project. TOD’S, as Data Controller, informs the Users that the lack of supply, or the incorrect supply, of his or her personal data prevents participation in the Project and fulfilment of the obligations provided under Italian law.
6.3 Furthermore, a User’s personal data will only be accessible to employees and collaborators in connection with the purposes set forth above (including service providers like couriers, printing companies, and so forth) as well as to the TOD’S Group Companies, which will all be duly appointed Data Processors or Persons in Charge of the Processing. The User is aware that his or her data may be disclosed to third parties in accordance to these Terms and Conditions and for the purposes of the Project and consents to such communication and/or disclosure.
6.4 At any time, the User has the right to be informed as to what data TOD’S has in its possession and how it is being used. The User may also request at any time to update, supplement or delete their data, or to request it be classified as anonymous. The User may also oppose the processing of his or her data or request for illegal treatment of the data to be blocked. The User may make any request under this section free of charge. In particular, the User may exercise the rights provided by Italian law with regard to the processing of personal data and, in particular, as per Art. 7, 8, 9 and 10 of Legislative Decree 196/2003.
6.5 The contact point for the User in regards to and Data Processor in charge of the processing is:
Corporate Marketing Manager
Via Filippo Della Valle, 1
63811 Sant’Elpidio a Mare (FM)
The Data Controller is TOD’S S.pA., Via Filippo Della Valle 1, 63811, Sant’Elpidio a Mare (FM)
7.1 These Terms and Conditions for User Submissions are governed exclusively by the laws of Italy, and any dispute regarding the same shall be submitted to the exclusive jurisdiction of the Courts of Milan.
7.2 These Terms and Conditions have no expiration date, and remain valid following the User’s submission of Content to the Project website as well as after the Project itself has been terminated.
7.3 If any part of these Terms and Conditions for User Submissions is found to be invalid, the remaining provisions shall remain valid and in force.
By submitting a photo or other Content to the TOD’S Gommino Project, I hereby acknowledge and accept these Terms and Conditions of User Submissions and consent to the handling of my personal data as per Legislative Decree 196/2003.