Terms and Conditions of use

 

Welcome to the United States section of Santonishoes.com (the “Site”), the official online shop of Santoni S.p.A. (“Santoni”) and SANTONI 762 MADISON AVENUE, 10065 NEW YORK in the United States. This Site is owned by Santoni. The Site is operated under license by and the products sold are sold by FiloBlu USA, Corp. (“FiloBlu”), a Delaware corporation having an address at 350 Fifth Avenue, 41st Floor, New York, NY 10118.

These Terms and Conditions of Use (“Terms of Use”) govern your access to and use of the Site and its content, including its text, layout, menus, processes, videos, images, software, code, downloads, interfaces, audio clips, icons, logos, design and graphics and the selection and arrangement thereof (collectively, “Content”) and your purchase of products available for sale on the Site. Your use of the Site is conditioned upon your acceptance of these Terms of Use. The words “user”, “you” and “your” as used in these Terms of Use refer to users of and visitors to the Site and other persons who access the Site. Please review the following disclosures and terms that govern your use of the Site. As used in these Terms of Use, the words “we”“us”, and “our” refer to FiloBlu.

Your use of the Site constitutes your agreement to and acceptance without change of these Terms of Use. By accessing, browsing or using the Site, you acknowledge that you are at least eighteen (18) years old and have read and understand all of the terms and conditions of these Terms of Use. If you are not at least eighteen (18) years old or you do not agree and accept these Terms of Use, you are prohibited from using this Site.

1. 1. License and Access

You agree by accessing, browsing or otherwise using the Site, the Site and the Content are and remain the sole and exclusive property of Santoni, FiloBlu, their respective affiliates and/or third-party providers, as applicable. Except as expressly permitted by us in writing, you agree that your license to access, browse and/or use the Site and the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Site and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) solely to enable printing and/or offline viewing of such Content and solely for your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any Content, or copy thereof, that you download, create, generate, store and/or print, you will reproduce and include all copyright and other proprietary notices included in such Content.

Except as expressly permitted in these Terms of Use or otherwise in writing by us, you will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of this the Site or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic. Further, you shall not use any keywords, metatags, meta elements, “hidden text” or other equivalents using the names “Santoni” or any other colorable equivalent without the prior written authorization of Santoni.

1. 2. Privacy Policy

We recognize the importance of protecting the privacy of users of and visitors to the Site. Please click Privacy Policy to view the Site’s privacy policy (“Privacy Policy”) which is incorporated and made part of these Terms of Use. Any changes to the Privacy Policy will be communicated on such page.

1. 3. Use of the Site

Without limiting anything else contained in these Terms of Use, you acknowledge and agree that the Content and databases used to store the Content (“Databases”) and any other information contained thereon are valuable intellectual property owned by or licensed to us, and no proprietary rights theren are being transferred to you by these Terms of Use. You agree that you shall not, directly or indirectly: (i) use any of the Content, Databases or any other information contained thereon for any purposes other than your personal non-commercial use; (ii) use the Content, Databases and any other information contained thereon to establish independent data files or otherwise amass statistical information thereof or therefrom; (iii) use the Content, Databases and any other information contained thereon in violation of any applicable laws or regulations; (iv) publish or distribute in any medium any portion of the Content, Databases or any other information contained thereon, and/or summaries or subsets thereof to any person or entity; (v) access or attempt to access any other user’s account; (vi) obtain or ascertain or attempt to obtain or ascertain any other user’s user name, password and/or personal information by any means whatsoever; (vii) elude or attempt to elude the Site’s security systems; (viii) attempt to gain access or gain access to the Site in a fraudulent manner; (ix) use the Site for any purposes other than those intended by us, as determined by us in our sole discretion; or (x) upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.

You specifically acknowledge and agree that any and all misappropriation or misuse of the Content, Databases or any other information contained thereon will cause irreparable harm to us and that in such event money damages will not constitute sufficient compensation; consequently, in the event that you, directly or indirectly, misappropriate or misuse the Content, Databases or any other information contained thereon, you specifically consent to our obtaining injunctive relief against you in addition to any other legal or financial remedies to which we may be entitled.

We reserve the right to modify and/or discontinue the Site at any time, for any reason and without notice, and to terminate your password and account should you be in violation of these Terms of Use, including but not limited to the provisions of this section entitled “Use of the Site”.

1. 4. Links to Third Party Sites

This Site may contain hyperlinks to other websites that are operated by unaffiliated third parties and contain information created, published, maintained, or otherwise posted by such unaffiliated third parties. These links are provided as a convenience only and are not meant as endorsement, approval or certification of such third party websites or the products and/or services associated therewith. Further, we do not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located on any such website and we are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources. Your use of such websites will be subject to different terms and conditions of use and privacy policies. We will not be liable for any damages or injury resulting or arising from the content of or access to such other website.

Unless approved by us in writing in advance, you agree not to: (i) provide or create a link to the Site; or (ii) create any frames at any other sites pertaining to any of the Content located on the Site.

1. 5. Changes or Modifications to the Site or Site Policies

We reserve the right, in our sole discretion, to make changes to, modify, add or remove any portion of the Site, these Terms and Conditions and any other policies published on the Site, at any time and for any reason. Your continued use of the Site after the implementation of any changes will continue your acceptance of such changes; provided, however, that we will not be obligated to inform you of any changes as they occur.

1. 6. User Submissions

From time to time, we may permit users to submit content to the Site. User hereby acknowledges and agrees that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than personal information and/or registration information) through the Site (individually and collectively, “Submissions”), user (i) grants us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created, without attribution to user; (ii) grants us the right to pursue at law any person or entity that violates user’s and/or our rights in user’s Submissions; and (iii) forever waives any and all of user’s rights, including but not limited to moral rights, if any, in and to user’s Submissions, including, without limitation, any all rights or requirements of attribution or identification of user as the author of the Submission or any derivative thereof. We reserve the right to remove any user Submissions from the Site, in whole or in part, without notice, for any reason or no reason. User Submissions, including personally identifiable information contained therein, are made voluntarily and are subject to our Privacy Policy. You may not upload or otherwise publish content on the Site (i) that is confidential to user or any third party; (ii) that is untrue and inaccurate, false or other than an original work of user’s authorship; (iii) that relates to or impersonates any other person; (iv) that violates the copyright, trademark, patent or other intellectual property rights of any person or entity; (v) that contains any content, personally identifiable information or other information, or materials of any kind that relate or refer to any other person or entity other than the provider of the products, goods or services to which the Submission relates; and (vi) that violates any law, or in any manner infringes or interferes with the rights of others, including but not limited to the use of names, information, or materials that (A) libel, defame, or invade the privacy of any third party, (B) are obscene or pornographic, (C) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (D) constitute personal attacks on other individuals; (E) promote criminal, immoral or illegal activity; (F) promote or advertise any person, product or service or solicit funds; or (G) are deemed confidential by any contract or policy.

1. 7. Electronic Communications

By using the Site or engaging in email correspondence with us, you consent to the receipt of electronic communications from us related to your use of the Site.

1. 8. Trademarks and Copyrights

All right, title and interest in and to the Site and the Content and all intellectual property rights embodied therein, are the property of Santoni, FiloBlu, or their respective licensors or content suppliers, as applicable. The Site and the Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use, in whole or in part, of the Site or the Content is strictly prohibited, except as otherwise provided herein or authorized in writing by Santoni, FiloBlu, or their respective licensors or content suppliers, as applicable.

“Santoni” is a trademark owned by Santoni. All other trademarks, service marks, domain names, logos, and company names (collectively “Other Trademarks”) displayed or referred to on the Site are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Santoni or their respective owners. All such trademarks, Other Trademarks, designs and related intellectual property rights mentioned or displayed on the Site are protected by national intellectual property and other laws an international treaty provisions.

Except as provided in these Terms of Use, you are not granted any rights in or to the Santoni trademark or the Other Trademarks and you agree not to use the Santoni trademark or the Other Trademarks in any manner inconsistent with the provisions of these Terms of Use, without the prior written authorization of Santoni or the respective owners of the Other Trademarks, as the case may be.

1. 9. No Warranties; Limitation of Liability

THE INFORMATION AND CONTENT ON THE SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THE INFORMATION AND CONTENT MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

THE SITE IS OPERATED BY US AND THE MATERIALS AVAILABLE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. SANTONI, FILOBLU AND THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE “SITE OPERATORS”) MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE SITE FOR ANY PURPOSE. THE SITE OPERATORS AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER THE SITE OPERATORS NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL THE SITE OPERATORS, THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE MATERIALS ON THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR OTHERWISE RELATED TO THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE SITE OPERATORS NOR ANY OF THEIR AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT ANY RISK OF INJURY RELATED TO THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE SITE OPERATORS DO NOT REPRESENT OR WARRANT THAT THE SITE IS SECURE, THE SITE OR THE SERVER SUPPORTING THE SITE WILL BE VIRUS-FREE, THE INFORMATION ON THE SITE IS ERROR-FREE, ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

THE SITE OPERATORS’ PERFORMANCE UNDER THESE TERMS OF USE IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED HEREIN IS IN DEROGATION OF THE SITE OPERATORS’ RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE SITE OR INFORMATION PROVIDED TO OR GATHERED BY THE SITE OPERATORS WITH RESPECT TO SUCH USE.

1. 10. Indemnification

You agree to indemnify, defend and hold us, Santoni, our respective subsidiaries and affiliates and our respective officers, directors, shareholders, employees, agents, content providers, customers and suppliers harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from: (i) your use of the Site and any of the content, or any products or services obtained on or through the Site; (ii) any breach by you of these Terms of Use; (iii) any submission you make or post on the Site; and (iv) any other activity by you on or in connection with the Site (including, without limitation, infringement of third parties’ intellectual property rights or any other negligent, illegal or wrongful conduct) by you or any other person accessing the Site using your account.

1. 11. Force Majeure

You absolve and release us, Santoni and our respective officers, directors, shareholders, employees, agents, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

1. 12. Contact Us

All requests for information, complaints or inquiries regarding orders deliveries and purchases should be directed to FiloBlu’s Customer Care department:

Email: customercareUSA@santonishoes.com
Telephone: +1 8007934204 Monday to Friday, from 9 AM to 9 PM EST

1. 13. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
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 work claimed to have been infringed, or, if multiple copyrighted 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 and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
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 owner, its agent, or the law; and
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.
Santoni S.p.A. represented by its legal representative, Mr. Giuseppe Santoni,

Registered office – Showroom
Via Montenapoleone, 9
20121 Milano
Ph. 0039 02 760 259 15
Fax 0039 02 760 259 17

Administrative office
Via E. Mattei, 59
62014 Corridonia (Mc)
Ph. 0039 0733 281 904
Fax 0039 0733 281 908

1. 14. Languages

In the event that these Terms of Use have been provided in any other language, the English version shall be controlling for the Site.

1. 15. Severability

If any portion of these Terms of Use is adjudged invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.

16. Modifications to the Services

You acknowledge and agree that the form and nature of the Services which FiloBlu provides may change from time to time without prior notice to you. You further acknowledge and agree that FiloBlu may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at FiloBlu’s sole discretion, without prior notice to you.

17. Confidentiality

You understand that FiloBlu grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. FiloBlu reserves the right to revoke these exceptions either generally or in specific cases.

18. Independent Relationship

You, FiloBlu, Santoni and any of their respective subsidiaries and affiliates are independent contractors, and these Terms of Use, including but not limited to submission or distribution of any Content you created, if applicable, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency among you, FiloBlu, Santoni and any of their respective subsidiaries and affiliates. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the Terms of Use. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the Terms of Use.

1. 19. Entire Agreement

These Terms of Use, together with the Privacy Policy and the Terms and Conditions of Sale constitute the entire agreement between you and us with respect to your use of the Site and the Content, and supersede any and all prior understandings or agreements between you and us, whether written or oral. You acknowledge that, in providing you with access to and use of the Site and the Content, we have relied on your acceptance of these Terms of Use.

1. 20. Governing Law; Jurisdiction

Access, browsing and use of the Site, the Content and these Terms of Use, and all matters or issues collateral thereto, including the purchase of products through the Site, are all governed by the laws of the State of New York without regard to any conflict of law provisions that would refer to and/or apply the substantive laws of another jurisdiction. The United Nations Convention on International Sale of Goods shall not apply to any sale or other transaction made through the Site.

Any legal action or proceeding relating to your access to, or use of, the site shall be instituted only in a state or federal court located in the state of New York, County of New York, USA and you agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Effective Date: June, 17th 2015