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The website www.tbpykm.icu (“Website”) is owned and operated by the Canali group of companies.
1. Publication and Modification
2. Content of the Website
CANALI may make changes to the content and services offered on the Website at any time. All right, title and interest in and to the Website and any part of the contents thereof, including script server software, HTML code, layout, photographs, images, drawings, videos, audio, graphics, and text (“Content”) are property of CANALI, the companies of the Canali group, and/or their licensors, and are protected under national and international intellectual property laws, including, by way of example, laws protecting copyright, patent, trademarks, and other law or international treaties on intellectual property rights.
3. Intellectual Property
CANALI and all the logos and distinctive signs connected with the word CANALI (“Marks”) are registered trademarks property of CANALI IRELAND LTD. Use of the Website or any services offered via the Website does not grant any right to use the Marks, and the non-authorized use of any CANALI logo or trademark is prohibited and represents an infringement of CANALI’s intellectual property rights.
4. Registration and Personal Account
Registration with the Website is optional. You may browse the Website and make a purchase without registering. Should Users wish to create a personal account, they must register with the Website by accessing the ‘My Account’ area. In order to create a personal account (“Account”), Users must provide an e-mail address and a password for access. Registered Users agree and are responsible for keeping their access credentials confidential, and to control access to their personal Account. Registered Users shall be responsible for all the activities made through the Account.
Users may also cancel their Accounts at any time my accessing the My Account area, following the instructions therein indicated.
5. The Products
CANALI will make reasonable efforts to ensure the accuracy of all the images and information accessible within the Website, but does not provide any guarantee as to the accuracy, completeness, or timeliness of the information offered on the Website.
6. Use of the Website and of the Services
By using this Website, the User represents, acknowledges and agrees that he or she is at least 18 years of age. If you are not at least 18 years old, you may not use the Website at any time or in any manner or submit any information to the CANALI or the Website.
Users may not, either on their behalf or on behalf of third parties, modify, edit, copy, reproduce, alter, enhance, create any derivative works, transfer, sell, or resell any Content, information, or services obtained from the Website.
Users may not track or attempt to track any information relative to other Website visitors or users.
Users may not use any automatic or manual process aimed at accessing, acquiring, consulting, copying, or monitoring the Website, the Content, or parts thereof, and/or reproduce in any way the structure or layout of the Website or the Content.
Users may not carry out any activity which may involve an unreasonable or disproportionate load on the infrastructure of the Website or any other system or network connected to the Website.
7. Content and Link to Third-party Websites
The Website may include, use, or display content and information gathered from public sources. CANALI does not control or monitor the content of third parties, and cannot guarantee the accuracy, completeness, or timeliness thereof.
The linked websites of third parties are outside the control of CANALI. CANALI WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Website to any product, service, publication, institution, organization or any third-party entity or individual does not constitute or imply CANALI's endorsement or recommendation.
8. Social Networks
9. Sent Content
The User furthermore grants CANALI the right, but not the duty, to use his or her name, image, and identity if provided by the User in connection with any Submissions.
The User also guarantees that any material provided does not include any element (including, by way of example and not limitation, text, images, music, or video) which the User does not have the full right to grant under the above license terms, and the burden of determining whether any material is protected by any such right is on the User. The User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission made by the User, and agrees to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by the User to or through this Website.
By submitting any Submission, the User covenants that:
• The Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
• The Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
• The User was not and will not be compensated or granted any consideration by any third party for submitting the Submission;
• The Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than the User’s own);
• The Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
• The Submission does not contain any information that you consider confidential, proprietary, or personal; and
• The Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Those prohibitions do not require CANALI to monitor, police or remove any Submissions or other information submitted by any user.
To provide certain services CANALI may ask the User to provide personal information.
11. Disclaimer of Warranties; Limitation of Liability, Indemnity.
Use of this Website and/or any services offered by the Website is at the User’s own risk. CANALI has no liability for any errors or omissions in the Materials, whether provided by CANALI, our licensors or suppliers or other Users.
CANALI, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE OR ANY INFORMATION RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO USERS ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. CANALI DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON A USER’S COMPUTER. IF YOU ARE A NEW JERSEY RESIDENT, THIS LIMITATION OF LIABILITY CLAUSE IS TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY.
CANALI SHALL NOT BE LIABLE TO ANY USER FOR ANY DAMAGES RESULTING FROM THE USER’S DISPLAYING, COPYING, OR DOWNLOADING ANY CONTENT TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CANALI BE LIABLE TO ANY USER FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF CANALI KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. IF YOU ARE A NEW JERSEY RESIDENT, THIS LIMITATION OF LIABILITY CLAUSE IS TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY.
The User agrees to indemnify and hold CANALI and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) CANALI or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that the User’s use of this Website or the use of this Website by any person using the User’s user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party. IF YOU ARE A NEW JERSEY RESIDENT, THIS INDEMNITIFICATION CLAUSE IS TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY.
12. Copyright Information
All the contents included in the www.tbpykm.icu and in all the other official websites of Canali S.p.A. Unipersonale, including web pages, texts, images, pictures, videos, music, sounds, drawings, figures, catalogues, logos, graphics, colors and layout (hereinafter, the “Content”) are the sole property of Canali S.p.A. Unipersonale and are protected by national and international Copyright laws and other Intellectual Property Rights. You are strictly forbidden to reproduce, publish, distribute, display, modify, create derivative work from, or exploit such Content in any way, in whole or in part, without the prior and express written consent of Canali S.p.A. Unipersonale.
CANALI respects the intellectual property rights of others, and we ask you to do the same. CANALI may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Website, please provide CANALI’s designated agent the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit CANALI to locate the material.
• Information reasonably sufficient to permit CANALI to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
CANALI’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
ATTN: DMCA Agent
EMAIL [email protected]
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to CANALI designated agent that includes all of the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which CANALI may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
CANALI reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA of other infringement notifications.
13. Dispute Resolution and Arbitration; Class Action Waiver.
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at [email protected] This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and CANALI.
Please read this Provision carefully. It provides that all Disputes between you and CANALI shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
For the purpose of this Provision, “CANALI” means Canali USA INC. and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and CANALI regarding any aspect of your relationship with CANALI, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as CANALI’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
BOTH THE USER AND CANALI AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give CANALI an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Canali USA INC., 415 West 13th Street, 2nd Floor, New York, NY 10014. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If CANALI does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or CANALI may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Canali USA INC., 415 West 13th Street, 2nd Floor, New York, NY 10014. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with CANALI through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with CANALI. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or CANALI may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or CANALI may initiate arbitration in either New York City, NY or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, CANALI may transfer the arbitration to New York City, NY in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – CANALI will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with CANALI as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and CANALI specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into this Agreement you and CANALI are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and CANALI might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your relationship with CANALI or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if CANALI makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require CANALI to adhere to the language in this Provision if a dispute between us arises.
14. General Provisions
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website is provided by Canali USA INC., 415 West 13th Street, 2nd Floor, New York, NY 10014. If you have a question or complaint regarding the Website, please contact Customer Service at [email protected] You may also contact us by writing Canali USA INC., 415 West 13th Street, 2nd Floor, New York, NY 10014. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
[Last update July 27, 2016]