Terms of use of Gucci Image Portal

The Gucci Image Portal, accessible through the website gip.gucci.com, also via mobile, is a restricted access portal (herein the “Portal”) dedicated to the storage and repository of photographs, images and other digital contents and material (“Contents”) for their use, including downloading, by authorized employees of Guccio Gucci S.p.A. (“Gucci”) and other companies of Kering Group (collectively, “Users”) on the terms and under the conditions set forth below.

These terms of use (herein the “Terms of Use”) govern the access to and use of the Portal and Contents stored therein.

1. General Rules

By accessing the Portal and using the Contents stored therein, Users agree to be bound by these Terms of Use. All Users may access the Portal only through their personal credentials and are personally responsible for any use of the Portal and/or Contents accessed through their personal account.

2. Purpose of the Portal

Access to the Portal is personally and individually granted by Gucci to the User, in his/her capacity as an employee of Gucci and other company of Kering Group solely in connection with exercise by the User of his/her activities under his/her employment contract.

3. Conditions of Use

In addition to the above, Users agree to strictly observe the following DO’s and DON’Ts:

DO’s undertake the following:

• I. Access to Portal only through digital devices provided by Company, including without limitation, pc, tablet, mobile (“Corporate Devices”).
• II. Display the Contents on User’ Corporate Devices in high definition quality;
• III. Copy, download, store, print the Contents on/from User’ Corporate Devices in high and/or low definition quality based on the authorizations associated with User’s account;
• IV. Share the Contents with other Users and/or employees of Gucci and/or other companies of Kering Group only for internal purposes, ensuring they will use the Contents in compliance with the present Terms of Use;
• V. Send, distribute, communicate, make available, transmit the Contents to any third party not belonging to Gucci or other companies of Kering Group for publication, communication to the public, dissemination and/or any other purposes exclusively subject to prior authorization and instruction on the lawful possible usages of such Content provided by Corporate Image Department or WW Legal & Corporate Affairs Department.

DON’Ts undertake the following:

• I. Upload, delete, change, edit, modify, adapt, alter in any way the Contents;
• II. Alter any trademark, copyright and other proprietary or legal notices contained in the Portal;
• III. Use or attempt to use another User account, user name and/or password in order to access to the Portal;
• IV. Engage in any conduct that restricts or impairs the ability of others to use the Portal, including but not limited to by means of a virus, Trojan horse, time bomb, worm, spyware, adware, malware, bot, script or any other harmful component.

4. Intellectual Property Rights

Gucci reserve the right to delete, move or edit any and all Contents, in whole or in part, for any reason in its sole discretion.

The property of and/or the availability of certain proprietary rights, including without limitation intellectual property and economic exploitation rights in and to the Contents is owned by and/or has been granted to Gucci unless otherwise noted. The Contents are protected by copyright, intellectual property, corporate confidentiality, trade secret, rights of privacy or publicity, confidential information, reputation, image or any other proprietary right, and other applicable rights or laws.

All trademarks, logos, designs, service marks, trade names and trade dress are proprietary of Gucci.

Subject to Users’ compliance with these Terms of Use, Gucci grants Users a limited, non-exclusive, revocable, non-assignable and non-transferable license to display, copy, download, store, print, send, distribute, communicate, make available, transmit the Contents for professional purposes only. Any other use, including without limitation, sale, rent, lend, modification, creation of derivative works, of/from Contents is strictly prohibited.

Gucci reserves the right to restrict, suspend, block, deny or terminate access to any User at any time, without liability, if Gucci becomes or is made aware of any Portal’s and/or Contents use (a) in breach of Terms of Use or (b) in a manner detrimental to Gucci and/or any other company within Kering Group or other users or (c) for an unlawful purpose or (d) in a manner which it otherwise deems to be unlawful.

Users hereby acknowledge that all rights, titles and interests, including but not limited to intellectual property rights, in and to the Portal are vested in Gucci, and that Users will not acquire any right, title, or interest in or to the Portal. Users will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of Gucci’s services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Portal or proprietary information related thereto.

5. Security

As an inner corporate tool, specific security measures should be observed at all time by the User of Portal.

The Portal will be accessible only via Corporate mobile devices (such as BlackBerry®, iPhone® or other smartphones, laptops, etc.). Users must ensure the security of their Corporate Devices where the Portal is accessible. They must report immediately to Gucci any theft or disappearance of their Portal -equipped Corporate Device at once, in order to prevent any unauthorized third party to access Portal. Should a User have reason to believe a person is using his/her personal account, the User must also inform Gucci immediately.

6. Confidentiality

Specific care must be granted at all time to ensure the confidentiality of the information available on the Portal and compliance with the strictest corporate standards applicable, without limitation, to corporate governance, insider trading, antitrust and unfair-dealing practices, financial and accounting rules, conflicts of interest, anticorruption regulations, trade secret, intellectual property, etc. (herein, “Confidential Information”).

The Users undertake not to use or disclose any Confidential Information in a way which may damage Gucci and/or other companies of Kering Group and not to disseminate Confidential Information accessed on the Portal in any such way.

7. Termination

Gucci reserves the right to restrict, suspend, deny or terminate access to all or part of the Portal, and to deny access to any person, in its sole discretion and without notice or liability of any kind.

8. Disclaimer; Restriction of Liability

The Portal and the Contents are provided “as is” and “as available”. Kering will not be liable for any damages or injury, including but not limited to, any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages caused by any use of the Contents, materials or software accessible through the Portal.

9. Availability

Gucci cannot guarantee that Users will have uninterrupted access to the Portal. Gucci accepts no responsibility for any damages or losses arising out of the loss of use of any the information in the Portal.

10. Virus protection

It is always wise for Users to run an anti-virus program on all material downloaded from the Portal. Gucci do not accept any liability for any loss, disruption or damage to Users’ data or Users’ computer system that may occur as a result of using material derived from the Portal.

11. Miscellaneous

These Terms of Use and the interpretation of these Terms of Use shall be governed by and construed in accordance with the laws of Italy, without regard to conflicts of the law’s provisions. If any part of these Terms of Use is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Nothing in these Terms of Use is intended to confer on any third party any benefit or any right under any legislation in any country to enforce the provisions of these Terms of Use.

12. Amendments and updating of this Terms of Use

Gucci may amend or simply update all or part of these Terms of Use, including when amendments are made to legal provisions or regulations which govern data protection and protect Users’ rights. The amendments and the updating of the Terms of Use shall be applicable as soon as they are published on the Portal in this section. Users will be notified by a general notice in a way that is reasonable under the circumstances. Users will be deemed to have accepted such changes upon the first use of the Portal following such information.