Rules for using the service

Site Usage Agreement

PLEASE READ THIS CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND FOTOTECA STORICA NAZIONALE ANDO GILARDI S.A.S., (“Fototeca Gilardi”). By using the Fototeca Gilardi web site (“Site”) and/or downloading any content or activating your account, you agree to be bound by and comply with this Site Usage Agreement (“Agreement”). If you do not wish to be bound by this Agreement, do not use this Site.

THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS OF LIABILITY AND EXCLUSIONS, YOUR INDEMNIFICATION OBLIGATION AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

This Agreement applies to you, and if you are using this Site on your employer’s behalf, to you and your employer. Fototeca Gilardi reserves the right to change this Agreement from time to time at its sole discretion, and your use of the Site will be subject to the most current version posted on the Site at the time of your use. If you are acting within the scope of your employment as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto.

This Agreement is in addition to your obligations under the applicable Fototeca Gilardi Content Download License Agreement (if any). In the event of any conflict between this Agreement and the Fototeca Gilardi Content Download Licence Agreement, the Fototeca Gilardi Content Download Licence Agreement will control as to the conflicting terms. If you are unsure of your rights or obligations under this Agreement, please contact Customer Service by e-mail at ospite@fototeca-gilardi.com

Permitted Use of this Site

This Site is owned and operated by Fototeca Gilardi. All images  and related informational materials in any medium furnished by Fototeca Gilardi hereunder, including related text, captions, or information (collectively referred to as “Content”), is owned by Fototeca Gilardi or our licensors and is protected by copyright laws, trade dress, moral rights, and other intellectual property rights. Except as explicitly permitted under this Agreement or the applicable Fototeca Gilardi’ Content Download License Agreement (if any), no portion or element of this Site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of Fototeca Gilardi

FOR THE PROTECTION OF FOTOTECA GILARDI AND ITS IMAGE SOURCES AND OTHER LICENSORS, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY WATERMARKED THAT MAY PERMIT ONLINE CRAWLING OR TRACKING OF CONTENT OBTAINED FROM FOTOTECA GILARDI AND/OR OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING THE UNAUTHORISED USE OF THE CONTENT.  You may not remove any copyright or other proprietary notices contained in the Content, caption information, or any other material on this Site. Additionally, unless authorized by Fototeca Gilardi in writing, you may not:

    - deep link or employ software or any automatic device, technology or algorithm, to “crawl,” “scrape,” search or monitor the Site and/or retrieve or copy Content or related information;

    - violate the mechanical restrictions of the Site, or bypass other measures employed to prevent or limit access to the Site or Content by hacking or other means;

    - copy, redirect, or exploit the Site or any Content;

    - probe, scan, or test the vulnerability of the Site or of the network supporting the Site, or seek information on visitors to the Site or personal information of Fototeca Gilardi’ customers; or

    - use any device, software or routine that would interfere with the proper functioning of the Site, or any transaction conducted via the Site.

Your use of this Site and any Content shall comply with all applicable law. Fototeca Gilardi reserves the right, in its sole discretion, to revoke your authorisation to view, download and use the Content and information available on the Site at any time and for any reason, with or without notice to you of such revocation, and you agree to immediately discontinue such use upon notice from Fototeca Gilardi. Fototeca Gilardi may also restrict or remove Content from the Site for any reason, and you agree to immediately discontinue all use of the Content upon notification from Fototeca Gilardi. Additionally, you are responsible for backing up your data and any Content you have licensed from the Site, and Fototeca Gilardi provides no warranty or guarantee that Content you have licensed will be available from the Site.

Unauthorised use of Content constitutes infringement of copyright and other applicable rights and shall entitle Fototeca Gilardi to exercise all rights and remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of the use of such Content. Fototeca Gilardi in its sole discretion reserves the right to bill You (and You hereby agree to pay) ten (10) times the license fee for any unauthorised use, in addition to any other fees, damages and penalties Fototeca Gilardi may be entitled to under this Agreement, any applicable Fototeca Gilardi Content License Agreement and applicable law. The foregoing is not a limiting statement of Fototeca Gilardi’ or its Content sources’ rights or remedies in connection with any unauthorised use of the Content, breach of the Agreement, or Fototeca Gilardi Content License Agreement.

Despite our efforts to provide accurate information, this Site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this Site and its Content may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Content requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Fototeca Gilardi. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.

Privacy

Fototeca Gilardi’ Privacy Policy applies to use of this Site, and its terms and conditions are made part of this Agreement by reference. Please consult Fototeca Gilardi’ Privacy Policy for specific information on Fototeca Gilardi policies for use of your personal information. You understand that any message or information sent to the Site may be viewed or intercepted by third parties.

Registering for a Fototeca Gilardi Account

Registration with Fototeca Gilardi grants you certain privileges. For example, if you have registered for a Fototeca Gilardi account and Fototeca Gilardi has approved your registration, you may be able to access Content with a visible watermark for layouts uses. In applying for a Fototeca Gilardi account, you agree to furnish true and accurate information. Fototeca Gilardi reserves sole discretion over whether to grant you an account, and you agree to access the authorised sections of the Site and your account only by using the account number and password supplied to you by Fototeca Gilardi. You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this Site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify Fototeca Gilardi of any unauthorised access or need to update or remove access for any of your employees or agents. In order to obtain the authorisation to download the high resolution images, the user must sign a specific agreement that they will be sent on his own request, after the ordinary recording. You shall be liable for payment for all Content downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify Fototeca Gilardi of any unauthorised use. You acknowledge and agree that you are responsible for damages and repercussions resulting from all uses of your account, whether actually or expressly authorised by you. You further acknowledge and agree that you will be responsible for each and every access, use or enjoyment of the Content that occurs in conjunction with the account and password given to you by Fototeca Gilardi, and that Fototeca Gilardi is authorised to accept the account information and password as conclusive evidence that you have accessed, utilised, or otherwise enjoyed the Content.

If you suspect you are being impersonated, contact us immediately. Fototeca Gilardi reserves the right to disclose any information, including registration data, in order to comply with any applicable laws and/or government requests for the protection of Fototeca Gilardi and its members.

Fototeca Gilardi cannot and will not be liable for any loss or damage arising from your failure to follow these obligations. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Fototeca Gilardi account or Site or related services.

Children

Minors and children (persons under the age of 18) are not eligible to use this Site unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using this Site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

Terminate account

Fototeca Gilardi may immediately terminate any licences granted to you without notice if you fail to comply with any provision of this agreement or with the Fototeca Gilardi Content Download Licence Agreement applicable to your use. If a licence is terminated, you agree to immediately (i) stop using this Site and the Content and (ii) delete all Content and all copies from all magnetic media and destroy all other copies, or, at Fototeca Gilardi’ request, return all such copies to Fototeca Gilardi.

Disclaimers and Limitation of Liability

FOTOTECA GILARDI PROVIDES YOU WITH THE SITE AND CONTENT ON AN "AS  IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOU UNDERSTAND AND AGREE THAT THE USE OF THE CONTENT IS AT YOUR SOLE RISK.

FOTOTECA GILARDI MAKES NO REPRESENTATIONS WITH RESPECT TO ANY CONTENT, INCLUDING PRODUCTS, SERVICES AND SOFTWARE AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, EXPRESS AND IMPLIED, REGARDING THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE), INCLUDING WITHOUT LIMITATION, ALL REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, AVAILABILITY, EFFECTIVENESS, NON-INFRINGEMENT, SECURITY, PRIVACY, TITLE, USEFULNESS, SUITABILITY, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, FOTOTECA GILARDI MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) WILL BE SATISFACTORY TO YOUR NEEDS, MEET YOUR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR FREE FROM ERRORS.

EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER FOTOTECA GILARDI NOR ANY FOTOTECA GILARDI SUBSIDIARY, SUCCESSOR, PREDECESSOR, PARENT, JOINT VENTURE, AFFILIATE, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR, CONTENT SOURCE, LICENSOR OR LICENSEE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH YOU FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, CONTENT OR THIS SITE, AND YOUR RIGHTS UNDER ANY PROVISION OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE CONTENT OR THIS SITE, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE.

FOTOTECA GILARDI, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY CONTENT (INCLUDING PRODUCTS, SERVICES AND SOFTWARE) PROVIDED THEREIN, OR ARISING OUT OF OR RELATING TO THE USE OF ANY SITE LINKED HERETO AND/OR EVENTS BEYOND THE REASONABLE CONTROL OF FOTOTECA GILARDI, INCLUDING VIRUSES, FAILED OR UNDELIVERED MESSAGES, THE CORRUPTION OF DATA, TRANSMISSION ERRORS, INTERNET SERVICE PROVIDERS, LINKS TO AND THIRD PARTY SITES AND THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGE, EVEN IF FOTOTECA GILARDI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.

ALTHOUGH FOTOTECA GILARDI TAKES PRECAUTIONS TO PROTECT PERSONAL AND CONFIDENTIAL INFORMATION, THERE IS NO GUARANTEE, AND FOTOTECA GILARDI MAKES NO REPRESENTATION OR WARRANTY, THAT PERSONAL AND CONFIDENTIAL INFORMATION TRANSMITTED TO OR FROM OR STORED ON THE SITE, OR TRANSMITTED OVER THE INTERNET GENERALLY, WILL BE MAINTAINED CONFIDENTIAL AND SECURE. FOTOTECA GILARDI ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF PERSONAL OR CONFIDENTIAL INFORMATION PROVIDED BY YOU TO FOTOTECA GILARDI, UNLESS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND FOTOTECA GILARDI.

FOTOTECA GILARDI, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES CUMULATIVE TOTAL LIABILITY FOR ANY DAMAGE OR LOSS THAT YOU MAY SUFFER FROM ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO FOTOTECA GILARDI IMMEDIATELY PRECEDING THE TIME THAT THE DAMAGES OR LOSS FIRST OCCURRED. YOU ACKNOWLEDGE THAT FOTOTECA GILARDI’ PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED IN THIS AGREEMENT. IN NO EVENT WILL FOTOTECA GILARDI’ TOTAL MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM USE OF THE SITE EXCEED €250,00.

Third Party Links

For reasons both fun and educational our site may contain links to other sites that may be of interest to to you but are not under Fototeca Gilardi’ control. These links do not imply endorsement by Fototeca Gilardi and we are not responsible for the availability of or the content contained in any linked site.

Further informations

Fototeca Gilardi may require you to furnish additional information or agree to additional terms before permitting you to access certain features of the Site. You agree to access the authorised sections of the Site and your account only by using the account information and password supplied to you by Fototeca Gilardi. You acknowledge that your user name may be displayed on the Site .

Restricted Access

You agree that you will not attempt to enter restricted areas of Fototeca Gilardi’ computer system or perform functions that you are not authorised to perform pursuant to this Agreement. Fototeca Gilardi may, without notice, temporarily or permanently suspend your access to the Site and the Content by deactivating your account or password if Fototeca Gilardi reasonably suspects that you are using the account or password to obtain unauthorised access to Fototeca Gilardi’ other systems or information, or are using the account or password in any other inappropriate manner. These suspensions will be for a period of time necessary to permit the thorough investigation of such suspended activity. Fototeca Gilardi may terminate this Agreement immediately without notice if it is determined that you have undertaken such unauthorized activity or if such unusual activity cannot be reasonably explained.

Termination of this Agreement

This Agreement is effective until terminated by Fototeca Gilardi, in its sole and absolute discretion. Fototeca Gilardi may terminate this Agreement with or without notice to you and will do so if you use or attempt to use the Site or the Content therein in any manner contrary to the terms of this Agreement. Any such termination by Fototeca Gilardi shall be in addition to and without prejudice to such rights and remedies as may be available to Fototeca Gilardi, including the suspension or termination of your account or password and injunctive relief enjoining such acts or attempts, it being acknowledged by you that other legal remedies are inadequate. The, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination and Choice of Law provisions of this Agreement shall survive the termination or expiry of this Agreement.

International Users

The Site can be accessed from countries around the world and may contain references to Content, including products and services, that are not available in your country. These references do not imply that Fototeca Gilardi intends to market, promote, or distribute such Content, including products and services, in your country. If you access the Site from a location outside Italy, you are responsible for compliance with all local laws.

Miscellaneous

You acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions. This Agreement (along with Fototeca Gilardi’ Privacy Policy and the Fototeca Gilardi Content download Licence Agreement, if applicable) constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. No action of Fototeca Gilardi, other than the express or written waiver or amendment, may be construed as a waiver or amendment of this Agreement. This Agreement shall not be modified except by a written agreement signed by duly authorised representatives of Fototeca Gilardi, provided that no purchase order or similar document issued by you shall modify this Agreement, even if signed by Fototeca Gilardi. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without Fototeca Gilardi’ prior written consent.

Choice of Law / Jurisdiction / Attorneys’ Fees

For anything not provided in this agreement, reference is made to the civil code, to the Law on copyright, as well as adjusted by current Italian legislation. In the event of a dispute between the parties in order to the interpretation, implementation, termination of this agreement and under the exclusive jurisdiction of the Court of Milan (Italy). In any dispute between Fototeca Gilardi and you, Fototeca Gilardi shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, and other legal expenses from you.

The parties hereto confirm that it is their wish that this Agreement, as well as any other documents relating hereto has been written in the Italian language. This copy in the English language is for courtesy and the Italian version of this contract will prevail over this courtesy translation.

The parties confirm that on their own wish this agreement, as the other related documents are written in Italian language. An English translation was prepared as faithfully as possible for courtesy but in case of discrepancies in interpretation, the Italian version of this contract will prevail on the translation.