Site usage conditions
GENERAL WEBSITE TERMS AND CONDITIONS OF USE
Users are invited to read carefully the following website conditions of use.
All users of the Foto Locchi S.r.l. website must abide by the general website terms and conditions of use (“Site Terms”) set forth below. “User” is understood as any subject who browses the pages of the website for whatever purpose, and any individual who accesses and uses the interactive services offered by the website.
By using this website, even if said use is limited to browsing the pages contained herein, the user agrees to be bound by the terms and conditions set forth below.
Users who do not agree to all of these terms and conditions should not use this website.
By using this website, the user also represents and warrants that he/she is over the age of 18 and is lawfully able to accept the terms and conditions of use set forth below.
Should a user make use of the site on behalf of a third party, said user represents and warrants that he/she is authorized to do so and that the third party on whose behalf he/she is acting also agrees to abide by these Site Terms.
Foto Locchi S.r.l. is the sole owner, author, and maker of the Archivio Storico Foto Locchi Databank, created and compiled ex Art. 12-bis of Law no. 633/1941 as part of the photographic company activity carried on by Foto Locchi S.r.l.
Foto Locchi S.r.l. is sole owner of the original photographs, preserved in the form of negatives in its Archivio Storico and now the exclusive pertinence of the aforementioned Databank.
With this site, Foto Locchi S.r.l. intends to promote its activity and to permit users to acquire rights to use the images of exclusive pertinence of the Databank, as well as to purchase products and make use of the other services offered by Foto Locchi S.r.l.
UNAUTHORIZED / ILLICIT ACTIVITY
The user pledges to use this website only in manners consonant with the above-stated purposes.
The user also agrees to not use the website and/or any material appertaining to the website for any illicit purposes or in manners not in compliance with current applicable laws/regulations or with these Site Terms.
AUTHORS RIGHTS AND OTHER RIGHTS
This site is the sole property of Foto Locchi S.r.l., as is all the material contained herein, including, but not limited to, the photographic images. logos, texts, graphics, and software. The website and its contents are protected by author’s rights and other intellectual property rights laws (moral rights and rights of economic exploitation) as explained in the Databank Legal Notes section of this website, which is understood as constituting an integral part of these Site Terms.
No content on this website may be put to any type of use without the written permission of Foto Locchi S.r.l. “Use” is understood as including, but is not limited to, printing, display, reproduction, publication, modification, or re-use of the contents in any other manner. Tolerance of any such action and/or oral or tacit consent to same by Foto Locchi S.r.l. on one occasion shall not constitute or imply tolerance on subsequent occasions.
Furthermore, and without exception, users are specifically prohibited from using the domain name and/or other similar distinguishing marks – which are likewise the exclusive property of Foto Locchi S.r.l. – contained in this website, in any manner, even as meta tags or as commands in html language which, while not involving display or formatting of a specific command, can provide information to web browsers and search engines which can be used to increase the visibility of sites not owned by Foto Locchi S.r.l.
Use rights in the photographic images of exclusive pertinence of the Databank and sole property of Foto Locchi S.r.l. are granted by Foto Locchi S.r.l. pursuant to contractual arrangement with the user in accordance with the Licensing Conditions, to which the user is referred. The user agrees to abide by said conditions even in the case of comping (or “preview”) use of the above-mentioned images and in any case to report the photographic credits in the following form: “© Archivio Foto Locchi Firenze.”
In relation to the images contained in the Databank and the website contents in general, Foto Locchi S.r.l. implements effective technological protective measures in accordance with Art. 102-quater of Law no. 633/1941, and also inserts electronic information on protection/management of its rights, in accordance with Art. 102-quinquies of the above-mentioned law, in order to identify protected material and identify Foto Locchi S.r.l. as the author of and/or rightholder in said material; to prevent or restrict unauthorized acts and uses of the above-mentioned material; and, more in general, to manage its authors rights, related rights, and sui generis rights in the Databank in the digital context.
Anyone who for profit or in any case for other than strictly personal use shall market products or supply services prevalently intended to circumvent the above-mentioned protection systems (Art. 171-ter, § f-bis, Law no. 633/1941) and anyone who removes or alters the electronic rights-management information or distributes or communicates to the public works and/or materials from which said information has been removed or altered (§ h) is punishable under criminal law.
In the case in which the website content is material protected by third-party ownership rights, authorized uses must, instead, be verified and agreed upon with the owners or controllers of the relative rights, as identified or identifiable, on a case-by-case basis.
It is the sole responsibility of the user to determine whether or not use of given content requires the permission of a third party.
Distinctive marks, of whatever type and whether registered or unregistered, which appear on this website are the exclusive property of the relative owner/rightholder and may not be used, for any purpose whatsoever, except by prior written permission of same.
In detail, it is expressly prohibited to make any use of the above-mentioned distinctive marks as meta tags or as commands in html language which, while not involving display or formatting of a specific command, can provide information to web browsers and search engines which can be used to increase the visibility of sites not owned by Foto Locchi S.r.l.
LINKS AND INFORMATION FROM THIRD-PARTY SOURCES
This website may contain links to other websites provided by Foto Locchi S.r.l. for its company purposes, for advertising purposes, and/or for facilitating use and enjoyment of this website.
Foto Locchi S.r.l. accepts no responsibility for any information, data, contents, and/or material (of any type whatsoever) accessible via said links to other sites or in any case obtainable through said sites, since any linked websites are not in any manner controlled by Foto Locchi S.r.l.
No hypertext links to other sites or any other reference to information from third-party sources can in any way be considered to be expressly or implicitly endorsed by Foto Locchi S.r.l., since Foto Locchi S.r.l. has no power to control these sources or the information they provide. Foto Locchi S.r.l. shall not be held responsible for any information and/or data accessible/accessed via links.
Queries and/or complaints inherent to the websites and contents made available through links from this website must, therefore, be directed exclusively to the administrators of the websites in question.
Likewise, dealings of any type between a user and third parties contacted via said links are solely between the user and the third party. Foto Locchi S.r.l. cannot be held responsible, to any degree, for non-fulfillment or loss or damage of any kind incurred as a result of or consequent to said dealings between a user and a third party.
Links from other websites to this site are permitted only pursuant to prior written authorization by Foto Locchi S.r.l.; tolerance of any unauthorized links or oral or tacit consent to same by Foto Locchi S.r.l. on one occasion shall not constitute or imply tolerance on subsequent occasions.
UNAUTHORIZED ACCESS AND USE OF THE WEBSITE
Users of this website are authorized to consult only the documents listed in the menus of the various sections hereof and to view the data and information contained therein.
Users are instead strictly prohibited from any unauthorized attempt to break through or circumvent the website’s protective measures to access other documents, information, or data, to use the systems that permit the website to operate or that are associated with the site for uses different from those for which said elements are intended, to interfere with use of the site by authorized subjects, to interfere in any other manner with the website operating systems, and/or to destroy, alter, and/or damage the documents, data, and/or information contained in the site.
Site users may create private accounts and access the relative personal area by entering a username and a password, which may be subsequently changed at the user’s discretion, to permit simplifying management of the user’s business dealings with Foto Locchi S.r.l. and enhance enjoyment of the interactive services offered by the website.
In order to create and manage the above-mentioned private account, the user must: provide exact, updated, and complete information about him/herself; update the registration data and any other information provided in a timely manner; manage his/her password and access data in such a manner as to ensure security; immediately inform Foto Locchi S.r.l. of any unauthorized use of his/her account and any other violations of site security.
The user exonerates Foto Locchi S.r.l. from any and all responsibility for any damages arising out of or in any way connected with his/her private account, including, but not limited to, unauthorized access to registration data, extraction of credentials, identity theft.
Foto Locchi S.r.l. reserves the faculty to cancel or suspend the above-mentioned account, at its sole discretion, should the user violate any of these Site Terms.
This website may permit users to access interactive services of various types – such as, by way of example only, discussion forums, blogs, chat rooms, notice boards – where users may create, publish, transmit, load, and/or store content of various types which may be viewed by other users or third parties or in any case accessible to same, such as information, materials and/or data of other types including, but not limited to, messages, comments, videos, photographs, phonograms.
Foto Locchi S.r.l. expressly prohibits any and all users who access and use services such as those listed above from creating, publishing, transmitting, loading, storing, or otherwise using content of any type:
a) of an illegal, injurious, defamatory, libelous, obscene, pornographic, or pedo-pornographic nature or is harmful to minors or detrimental to the privacy or the personal identity of persons, including public figures;
b) possession/publication of which constitutes a crime in and of itself or instigates to commission of a crime;
c) which infringes patent or trademark rights, trade secrets, authors or similar and/or associated rights, or any other intellectual and/or industrial property right;
d) which is detrimental to any other rights, of any type whatsoever, of other users and/or third parties or which violate any currently applicable law or regulation.
e) which results in unsolicited promotions and/or advertising, unsolicited/junk email (spam), aggressive marketing practices, chain messages, pyramid schemes, requests for money, infection by viruses, damage to data, or receipt of other files which may prove damaging or harmful to Foto Locchi S.r.l., to users of this website, and/or to third parties;
f) which is false and/or erroneous or misleading;
g) which prevents or restricts access to the interactive services or to the website, or their use by other users;
h) which may in any manner expose Foto Locchi S.r.l. or other users to liability of any kind.
The user is the sole party responsible for use of the interactive services, shall make use of said services at his/her own risk, and shall accept full responsibility for all matters concerning his/her use of the aforementioned services.
Foto Locchi S.r.l. shall not be held responsible for any damage of any type caused by or to users of the interactive service in the case of failure to observe the limitations listed above.
As prescribed by current applicable laws (including Legislative Decree no. 70/2003), Foto Locchi S.r.l. shall have no general duty of vigilance nor a general duty to individuate facts and/or circumstances pointing to the presence of illicit activities, or, therefore, to check, modify or monitor contents, however published, transferred, loaded, and/or stored by users at the site and/or in the context of use of the interactive service offered by the site. In any event, Foto Locchi S.r.l. reserves the sole discretionary faulty to remove any contents such as those mentioned above at any time and for whatever reason, or to disable access to same, and shall not be held in any way responsible for any damages to users by effect of said removal or modification, nor, therefore, for loss of the removed or modified content.
Foto Locchi S.r.l. also reserves the faculty to make changes to the site, the interactive service, and the users’ content, if so requested by judicial or administrative authorities for the purpose of preventing or putting an end to violations or illicit acts of any kind committed by users.
Foto Locchi S.r.l. also reserves the faculty to remove information stored by users or to disable user access to said information whenever it shall effectually become aware that the information in question was removed from the web location where it originally resided or that access to the original information has been disabled, or that a judicial body or an administrative authority has ordered it be removed or disabled.
Foto Locchi shall inform the judicial or the administrative authorities invested with vigilance functions whenever it shall become aware of presumed illicit activities or information and may lawfully supply, if so requested by the above-mentioned authorities, information in its possession which permits identifying the user to whom the illicit activities or information refers, for the purpose of individuating and preventing illicit activities.
MODIFICATIONS TO THE WEBSITE
This website, its contents, and these Site Terms are subject to modification at any time and at the sole discretion of Foto Locchi S.r.l., which shall have no duty to give prior or successive communication thereof.
Use of the website after any such modifications have been posted implies the user’s acceptance of the modifications in question.
It shall be the sole responsibility of the user to verify the terms and conditions of website use in force at this website each time he/she browses its pages.
LIMITATION OF LIABILITY
In no event may Foto Locchi S.r.l. be held responsible or liable to users for any direct or indirect damages of any kind arising out of or in any way correlated with use of this website or with attempts to access the site, or arising out of or correlated with the services it offers or the materials contained in or accessed through this site, including but not limited to: damages caused or resulting from use, by a user, of information obtained from the website or that result from mistakes (including typing errors), or from omissions, inexact and/or inaccurate information, interruptions of service and/or communications failures, deletion of files or email messages, system errors or defects, viruses, delays in operation or transmission, or any other malfunction, whether or not resulting from natural calamities, communications errors, theft, destruction, or unauthorized access to the records, programs, and/or services offered, or from other computer malfunctions of any kind.
In any case, independent and autonomous verification of the accuracy, truthfulness/authenticity, and correctness of information posted on this website shall be the sole responsibility and at the sole expense of the user.
All the information and data on this site are provided “as is.”
Foto Locchi S.r.l. declines any and all responsibility for such incompatibilities and/or inability to access the site or other disservices, of any type, experienced by the user.
In view of the above, site use should be considered as being provided “as available.”
APPLICABLE LAW AND COMPETENT COURT
The user agrees that any dispute relating in any way to use of this website or the associated services shall be referred exclusively to the Court of Florence.
Use of this website and the associated services shall be governed exclusively by Italian law.
Please address any queries or comments concerning this site or these Site Terms to firstname.lastname@example.org
This English-language translation of the Italian website page is provided as a courtesy to our users. The original Italian text is the only authentic version.
Download the full text of the Italian Personal Data Protection Code (Legislative Decree no. 196 of 30 June 2003) (in English) http://www.garanteprivacy.it