TERMS AND CONDITIONS
In the following we indicate the contract terms that regulate the exploitation of the audiovisual material sent by you to our Society with the modalities that will be indicated by the latter.
1. Object
1.1 You give since now TheBlogTV S.p.A - with head office in Milan, Via Deruta 20, 2013, (hereinafter: "Society"), VAT N° 09184321009, registered to the Enterprises Registry of Milan with number 1846769, paid-in shared capital € 136,661.00, shared capital at last books balance € 136,661.00 - in the whole world and without any temporal limitations, in a non exclusive way, each and every rights of reproduction, execution and public performance, communication to public, making available to the public, distribution, translation, elaboration, renting and lending, in whatever form and with any means (hereinafter: "Rights"), of one or more audiovisual shoots (hereinafter: "Shoot" or the "Shoots") sent by you to the Society with the modalities indicated by the latter.
Such Rights could be executed directly by the Society or by third parties authorized by the Society at its own discretion, in which case is needless to say that the Society could identify such thirds parties, as well as independently negotiate and agree with them the conditions for the execution of the above-mentioned Rights.
1.2 As a mere example, in accordance with the authorization mentioned in art. 1.1, the Society could, directly or through third parties as above mentioned, without limitations as for the number of passages and uses of each Shoot:
a) copy in any format, also digital, and with any means or procedure currently existing or that will be invented in the future, in a temporary or permanent way, each Shoot;
b) hand out to the public each Shoot on data transmission nets such as the Internet (on one or more web sites, without any limitation), either in "streaming" or "download" modality and/or with any other technical modality allowing Shoots fruition;
c) communicate each Shoot to the general public, in any format and by any broadcasting means and modality, currently existing or that will be invented in the future (as a mere example, any type of telephone net, ether, cable and satellite television broadcasting, re-transmission via cable, free television, pay-television, pay-per-view, video-on-demand, near video-on-demand, Digital Terrestrial Television, Dvb-h, IPTV), inside of any program;
d) distribute each Shoot in any analogical or digital format currently existing or that will be invented in the future (as a mere example CD, CD-Rom, CDi, VHS, DVD), by any means and by any trades channel (as a mere example, great and small distribution, newspaper stands, e-commerce); distribute each Shoot also combined to other audiovisual material and/or printed publications;
e) screen each Shoot in cinematographic centers;
f) translate the audio of each Shoot in any language and/or insert subtitles in any language;
f) rent and lend each Shoot in any format and in any modality;
g) use each Shoot to promote and to advertise in any form and with any means the allowed uses and/or in general the activities of the Society.
1.3 In relation to the Rights here given, you authorize since now the Society – and the third parties authorized by the Society – to use single parts or fragments of the Shoot, to re-mount the Shoots, totally or in parts, in the case that should be considered opportune to the Society or to the thirds for the better exploitation of them.
1.4 You commit yourself not to use the Shoots – if not for mere private and personal fruition – for a period of time of one year starting from today, and not to authorize third parties to use the Shoots for the same period.
2. Shoots deployment.
The Society will stay free, absolutely at its own discretion, to use/not to use the Shoots, totally or in parts, and to determine the modalities and forms of the eventual deployment.
3. Releasing gratuity
This Releasing is hereby accepted by you and the Rights mentioned above are given by you to the Society absolutely for free, therefore you declare since now that you will have nothing to pretend, at any title, neither from the Society nor from any authorized third party, in relation to the exploitation/non exploitation of the Shoots.
4. Guarantees on Shoots contents, responsibilities and guarantee
You expressively grant to be the only one to hold the rights to the commercial use and moral rights on the Shoots and to validly authorize our Society to exert the Rights mentioned in art. 1.1, that the Shoots content does not violate any third party right (at mere example, authors rights and connected rights, image rights, right to personal honour and reputation), and that it does not contain commercial or promotional messages (also including the so called product placement), that it is not obscene, offensive or defamatory on behalf of anyone, not racist and does not violate any other applicable licensing law. Furthermore, you grant specifically that the minor whose image is shot in the Shoot is your son/daughter, on whom you apply your parental control, and that thus you are legitimate to validly authorize the Society to use the image of the minor as shot in the Shoot, in the terms indicated in this Release. In relation to the guarantees above mentioned, you allow since now to keep the Society entirely unaffected and legally free from any responsibility towards any prejudice coming from eventual expectations coming from third parties, at any title, about the propriety of the rights to commercial use and moral rights and/or the contents of the Shoots.
5.Personal data protection
Referring to your personal data protection, to be done for the fulfilment of the obligations coming from this agreement, you declare to have read on the www.webmoms.co.uk website the information mentioned in art. 13 of D. Lgs. n° 196/2003 (Italian Law) – Code for personal data protection.
6. Applicable law and competent court
This agreement will be regulated by the Italian Law and Rome Court will be competent in an exclusive way for any controversy related to the validity, interpretation and execution of this agreement.
INFORMATION ON PRIVACY PURSUANT ART. 13 OF D. LGS. 30 JUNE 2003 N° 196
Pursuant to and in accordance with the Italian Law D. Lgs. 30 June 2003, n° 196 “Code on personal data protection” (hereinafter: “Privacy Code”) and the related dispositions, we hereby give some information about the treatment, by TheBlogTV S.p.A. - with head office in Italy, Milan, Via Deruta 20, 20132, VAT N° 09184321009, registered to the Registry of the Enterprises of Milan with number 1846769, paid-in share capital € 136,661.00, share capital at last books balance € 136,661.0, (hereinafter: "Society") - of the personal data you voluntarily make available to the Society when you upload audio and video contents (hereinafter: “Contents”) on "www.webmoms.co.uk" (hereinafter: “Site”), produced and created by TheBlogTV to share thoughts expressions and to give a view on a slice of social and familiar experiences.
1. Type of data treated
The personal data you provide are related to the following categories:
a) your personal data (such as name, surname, residency) necessary to register to the Site;
b) your personal data and however as part of the Contents uploaded on the Site (such as images and data related to anecdotes quoted in the Contents);
c) your personal data and however as part of the Contents uploaded on the Site (such as images and data related to anecdotes quoted in the Contents), related to identified or identifiable third parties. In relation to those data you declare to have informed the interested parties of their data treatment and to have received the necessary acceptance.
For that concerning the data of which at point b) and c) mentioned above, we precise that you cannot provide personal data suitable to reveal ethnical and race origin, religious, philosophic or any other belief, political opinion, personal belonging to political parties, trade unions, associations and organizations of religious, philosophic, political or trade union type, let alone health conditions and sexual life, yours or of third parties. In the case in which your Contents provide such information, we inform you since now that TheBlogTV will not be able to proceed to the treatment of such data and the related Contents will be immediately sent back to you or destroyed.
2. Treatment finalities
The treatment of the personal data you provide will be done for the finalities here indicated:
a) to manage the registration itself and to acquit to all the eventual legal, administrative and contractual dispositions useful or necessary to it,
b) for the insertion of your Contents inside of the Program as well as for the execution of the rights given to the Society with the acceptance of which in the “Terms and conditions”;
c) to accomplish the obligations given by laws, EU regulations and laws, as well as dispositions coming from the authorities and security and control departments.
d) to send newsletter and updates about the programs and the activities carried out by the Society.
3.Nature of data submittal and consequences of an eventual refuse
The submittal of personal data related to your registration to the Site, as well as related Contents, is not mandatory. However, the impossibility to acquire them by the Society, leads to the impossibility for the Society itself to proceed with your registration, let alone the possibility for you to participate to the activities carried on in the Site.
4. Data treatment modalities
In relation to the finalities indicated, the registration and storage of personal data will be done with or without the help of electronic tools suitable to memorize, organize and select the data, as well as allowing their consultation, extraction and comparison, with logics strictly related to the finalities itselves and, however, in such a matter to grant the security and privacy of the treated data, following current legal dispositions. Personal data will be treated, by parties authorized and opportunely trained in privacy protection, using security measures capable to grant, in addition:
- the privacy of the person or people to whom the data refer;
- data security, for example impeding their access to non authorized parties, except for mandatory cases by law;
- data availability;
5. Categories of parties to whom personal data could be communicated
Parties that, inside of the Society, could come to know personal data of which at point 1 are those in charge of their treatment as well as, while executing their own activity, the employees of the book-keeping and the project management departments.
1.
Personal data spread
Personal data as at point 1 a) will not be spread for any reason.
Personal data as at point 1 b) and 1 c) will be spread through the web site www.webmoms.co.uk.
7. The interested party Rights
Art. 7 of the Privacy Code gives the interested party the faculty to execute specific rights, through which: to obtain from the owner the confirmation of the existence or less of their personal data and their availability in a readable way, to get knowledge of the data origin, the finality and modality of the treatment, the logic applied during the treatment, the owner identity details, and the parties to which such data could be communicated; to obtain the update, correction and integration of the data and their cancellation, transformation in an anonymous way or to block data treated violating the law; to oppose, for legitimate reasons, to data treatment.
8. Identifying extremes of the treatment Owner
The treatment owner is the society TheBlogTV S.p.A., with head office in Italy, Milan, Via Deruta 20, 20132. To execute the rights of which at previous paragraph 7, you can contact desk@theblogtv.it.
CONSENSUS EXPRESSION
Following the articles 13 and 23 of the Italian Law D. Lgs. n° 196/2003, you declare to have received information related to personal data treatment to you recognized by the Italian Law D. Lgs.196/2003, and to agree to the personal data treatment as in the Informed consent reported above, for the finalities and the modalities marked in the consent itself.
