terms and conditions
Dear Friend, You are in the ColorsLab site (hereinafter referred to as the "Site") of Fabrica S.p.A. You can use this site to express your opinions, insert images, texts and videos (hereinafter referred to as "Contents") and interact with other persons and with the editorial staff.
COLORS is a quarterly magazine for young people worldwide, being distributed in more than 40 countries as well as published in 3 editions and 4 languages. It was established in 1991 under the guidance of Tibor Kalman, in the conviction that differences are positive and all cultures have an equal value.
COLORS relies mostly on the use of pictures as a universal means for reaching as many people as possible and having a strong and immediate impact on them.
Over the years COLORS has become a unique point of reference in the publishing industry around the world, drawing public attention to subject matters and arguments associated with parts of the world that other publications rarely deal with.
You can express your ideas and beliefs provided they do not violate the current laws of our legal system and comply with the conditions of use (hereinafter referred to as "Conditions of Use"). Whoever uses the Site (hereinafter referred to as the "User") shall accept the Conditions of Use when registering.
How to access the services offered in the site.
Firstly it is necessary to register before you can use the services offered by the Site. This registration is free of charge, reserved for persons of legal age and requires acceptance of the Conditions of Use. Registration is preceded by insertion of a detailed information sheet and the necessary requests for consent.
To register you must give your e-mail address and a nickname (hereinafter referred to as “Credentials"), which you can choose freely. The password required to access the Site will then be sent to this e-mail address. This e-mail address must therefore be active and a true address, otherwise the registration will be unsuccessful. The User undertakes and guarantees that the registered details will be kept up to date. Persons under 18 years of age cannot register.
The Credentials are strictly personal and the User is therefore responsible for all activities carried out by using them. The User undertakes to send a communication immediately to the e-mail address if he/she realizes there has been misuse of the Credentials. In this respect it is hereby specified that Fabrica S.p.A. will in no way be liable for loss or damage due to breach of the obligations of security that are the responsibility of the User, or for any damage caused by actions or omissions of the User. The User is allowed to change his/her Credentials at any time according to the instructions given by the system. Should the User provide false, out-of-date or incomplete information and should there be a reasonable doubt regarding the truthfulness of the data provided, Fabrica S.p.A. reserves the right to suspend or block access through the User’s Credentials and to deny the User use of the Site. The foregoing is without prejudice to the right of Fabrica S.p.A. to suspend or permanently stop providing the Site service at any time and without the need to give notice. The User may not transfer to a third party the right to use the Site, or to use the Site for commercial purposes, or to use the Site for personal purposes.
Fabrica S.p.A. may change these Conditions of use at its discretion at any time and the User will be advised thereof through a communication published on the Site. Should the User use the services after said changes have come into force, it implies full acceptance of said changes.
By registering and accepting the Conditions of Use, the User accepts his/her own exclusive responsibility for the Contents that he/she sends. In this respect the User declares and guarantees that he/she has lawfully acquired the Contents and can prove the ownership or authorization thereof at any time. The User undertakes to hold harmless Fabrica S.p.A. and the companies controlled by or associated with the same in accordance with section 2359 of the Italian Civil Code, also after subscription to the Site has ceased for whatsoever cause, from all and any claim, disturbance, dispute or demand, in or out of Court, by third parties or competent authorities, which in any case are in contrast with the declarations, guarantees and obligations of the User. The User also undertakes to compensate all and any damage or harm suffered by Fabrica S.p.A., and the companies controlled by or associated with the same in accordance with section 2359 of the Italian Civil Code, in respect of disputes for the infringement of third party rights having the Contents as their subject matter. To this end the User undertakes to pay all and any sum that is due to third parties related to claims and disturbances as mentioned above and therefore to hold harmless Fabrica S.p.A, and the companies controlled by or associated with the same in accordance with section 2359 of the Italian Civil Code, from costs and expenses, also when reclaimable.
The User undertakes in particular not to send Contents to the Site that are: (i) pornographic or with sexual undertones and in any case of an obscene nature or an offence against public morality and public order; (ii) in infringement of industrial and intellectual property rights of third parties; (iii) in any way or any form whatsoever offensive, prejudicial or defamatory towards third parties; (iv) of an advertising or sponsorship nature; (v) in breach of laws or regulations; (vi) in breach of children’s rights; (vii) in infringement of the right of personal portrayal of third parties who have not given their consent to the publication of their images; (viii) in breach of third party right to privacy.
Fabrica S.p.A. will monitor correct use of the Site. Fabrica S.p.A. may therefore remove the Contents from the Site at any time at its sole discretion and inhibit access by the User as well as delete the User’s registration at any time and for any legitimate reason whatsoever without notice. Fabrica S.p.A. may also inform the competent Authorities, where appropriate, whenever it becomes aware of unlawfulness or immorality of the submitted Contents or unlawfulness or immorality of the User’s behaviour.
Under no circumstances may Fabrica S.p.A. be held responsible for Contents that may be improper, offensive or indecent and, due to errors or omissions, in any case transmitted by means of the Site.
The User permits Fabrica S.p.A. to file and keep the Contents and to communicate them: (a) for requirements of the law; (b) following request by a judicial or administrative authority; (c) to defend itself in third party proceedings; (d) for protection of its rights and security as well as those of the users and the public in general.
The Contents sent spontaneously by Users are published on the Site under Creative Commons Licence (except for art. 5) “Attribution – Non Commercial – Share in the same way 2.5 Italy, available at http://creativecommons.org and to this end Fabrica S.p.A. will pay no fee for the Contents sent spontaneously to the Site by the User, who remains the owner of the actual Contents, which he/she may request to have changed or deleted at any time. When the User submits the Contents, he/she consents to the Contents being published on the Site. The User is aware that the submitted Contents could be copied, edited, transmitted or circulated in other ways by third parties and in this respect accepts all liability, holding Fabrica S.p.A. harmless.
It is specified that publication of the Contents is not valid as practice of journalism or as application for admission for cub reporter registration as per sections 26 and 33 of Italian Law No. 69 of 3 February 1963.
Fabrica S.p.A. is in no way responsible for the Contents sent by the User to the Site. The Site services are provided without any guarantee, either explicit or implicit.
Fabrica S.p.A. undertakes, within the limits of its possibilities, to provide the service, but may not be held liable for any damage, loss of data, information or other damage due to delay, lack of or imprecise information, restrictions or loss of access, difficulties or problems of any type, errors, unauthorized use during access to the service or other forms of interaction in the service. Fabrica S.p.A. offers no guarantee and is not responsible should: (i) the service not satisfy the User’s needs; (ii) the service not be carried out without interruption, (iii) the service not be prompt or error-free; (iv) the information or results not always be precise and reliable; (d) there be inconveniences or defects in the Site management software.
Fabrica S.p.a. is relieved from all and any liability for any damage arising out of or connected with inaccessibility to the Site services or caused by viruses, damaged files, errors, omissions, interruptions in the service, erasure of contents, problems of connection to the network or providers or to telephone or telematic connections, unauthorized access, alteration of data, failed or faulty operation of the User’s electronic equipment.
Information provided pursuant to section 13 of Italian Legislative Decree No. 196 of 30 June 2003 (Personal Data Protection Code, hereinafter referred to as "C.P.")
In the process of or following consultation of this Site, data may be processed related to identified or identifiable persons. The data processing “controller” is Benetton Group S.p.A., with registered office in Via Villa Minelli, 1, 31050, Ponzano Veneto, Treviso.
Place of Data Processing
The processing connected with the web services of this Site takes place at the aforesaid registered office and is carried out by staff designated to the processing or by such staff as could be appointed for periodic maintenance.
Personal data provided by users who forward specific requests are used solely for the purpose of carrying out, if possible, the service requested and are only communicated to third parties when necessary for such purpose.
Types of processed data
(i) Simple navigation data
In the ordinary course of operations of the information systems and software procedures running this Internet site, they acquire certain personal data whose forwarding is implicit in the use of the Internet communication protocols. It is information that is not collected for the purpose of being associated with identified individuals, but which by its very nature could, through processing and association with data held by third parties, allow the users to be identified.
These data are used for the sole purpose of obtaining anonymous statistical information on the use of the site and to check the correct operation thereof.
(ii) Data provided voluntarily by the user at the time of registration and subsequent accesses with Credentials
The optional, specific and voluntary sending of the e-mail address and other data required for registration, as any other information provided during access to the Site through the Site access Credentials, entails the subsequent acquisition of such data, which are necessary for correct operation and use of the Site.
Optional provision of Data
Apart from all that is specified for navigation data, the user is free to give or not personal data when requested to do so in relative sections of the Site.
Failure to give data, however, may make it impossible to register on the Site.
Methods of Processing
Personal data are processed by automated means only for such time as is strictly necessary to fulfil the purpose for which they are being held.
Specific security measures have been taken against loss of data, unauthorized or unlawful uses and unauthorized access.
Rights of the parties concerned
Pursuant to section 7 of the C.P., the parties to whom the personal data refer may at any time request confirmation that their data is being held, be notified of the contents of such data and their origin, verify whether they are accurate or request that they be completed, updated, corrected, erased, demand that they be made anonymous or demand that data held in violation of law be blocked, and such parties may also object, for legitimate reasons, to the data being processed.
Any requests to the above-stated effect should be addressed to the data controller.
By accessing this Site the User acknowledges and expressly accepts that the laws and regulations of the Italian State are applicable for all issues related to the use of this Site. Furthermore, the User acknowledges and expressly accepts the district Court of Treviso has exclusive jurisdiction to settle any dispute having as its subject matter the content of these conditions.
With registration and access through the Site access Credentials, the User explicitly accepts the terms and conditions given herein.