MaisonAcademia.com is a User generated content platform and e-commerce website, managed by NextStyler S.r.l. (Maison Academia), an Italian company based in Via S. Pietro, 73, 80147 Parco Azzurro (NA), Italia.
Maison Academia does not require you to register, in order to view its products or read User comments but use of several functions is limited to registered members only.
Registration is required to use all interactive features, such as posting comments, participating to Contests, vote, submit ideas and designs, making a purchase and, in general, any time you provide information to Maison Academia about yourself.
You must be 18 years or older to register on the Portal. If you are less than 18 years of age you can still participate, but the registration must be completed with the name and personal data of a parent or guardian who authorizes your registration and will be liable for every activity on the website. Unless as specified above, the website does not accept underage registration, nor is Maison Academia capable of monitoring behavior of its registered users. Any actions of the users against such principle are done by the user at their own personal risk, and Maison Academia will not accept any kind of liability on the matter and reserves. Maison Academia reserves every right to take any appropriate action against users who infringe this principle and, in general, perform illegal activity on the website.
For the purposes of the present Terms and Conditions the following definitions will apply:
"Portal": the website at URL www.maisonacademia.com or at any other URL where NextStyler S.r.l. chooses to provide the Maison Academia service as communicated to Users from time to time.
"User": a User of the Portal, registered, who has succesfully completed the registration procedure and has chosen one of the available user profiles.
"Fashion Designer": a User who has chosen the "Fashion Designer" profile, as detailed below and has executed a Partnership Contract in written form.
"Trendsetter": a User who has chosen the "Trendsetter" profile, as detailed below.
"Fashion Lover": a User who has chosen the Fashion Lover Profile, as detailed below.
"User Submission(s)": many sketch, image, design, description, photograph or artwork which a user registered with "Fashion Designer" profile submits to Maison Academia for evaluation; User Submissions do not include text and picture postings in forum/chat/discussion area of the Portal;
"Content(s)": any and all content of the Portal, including trademarks, service marks and logos but except User Submissions but including software and HTML/Flash and any other type of code of the website;
"User Fashion": User Submissions, licensed to Maison Academia for commercial use and/or created by Maison Academia and/or created upon Maison Academia request by a partner of Maison Academia;
"Post(s)": any chat, post, text or similar item which is posted or uploaded by someone logged in as a User in a community/forum/discussion area of the website.
"Partnership Contract": the agreement between a Fashion Designer User and Maison Academia regarding terms and conditions of the licensing of User Fashion and the revenue sharing of profits deriving from sale of same which is received executed by the User in written form by Maison Academia prior to activating the Fashion Designer User.
2. Access to Portal
- you will not copy or distribute any part of the Portal in any medium without Maison Academia's prior written authorization;
- you will not alter or modify any part of the Portal other than as may be reasonably necessary to use the Portal for its intended purpose.
3. Intellectual property rights
3.1 The Content on the Portal, except User Submissions and Posts, but including without limitation, User Fashion, are owned by or licensed to Maison Academia and subject to copyright and other intellectual property rights under the Laws of Italy including D.Lgs. 633/1941 and D.Lgs. 30/2005.
3.2 Content includes registered intellectual property of NextStyler S.r.l. protected under international Treaties. It is provided to you "as is" for your information and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever, without the prior written consent of Maison Academia or as expressly provided herein. Maison Academia reserves all rights not expressly granted in and to the Portal and relevant Content
3.3 You agree to not engage in the use, copying, or distribution of any of the Content and User Submissions other than expressly permitted herein, including, but not limited to, any use, copying, or distribution of same, for any purposes to the maximum extent allowed by appicable Law. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices and watermarks and/or digital rights management systems and/or digital content information contained thereon. Any behaviour of the User shall respect the Law and regulations of Italy and any other applicable Law/Jurisdiction.
3.4 By posting Users Submissions, you expressly agree to the terms detailed below in article 3.
4. Posts and User Submissions
4.1 Posts are a form of personal communication between Users for which Maison Academia provides only a technical platform without any knowledge or monitoring of actual content of the Posts. This makes it impossible for Maison Academia to assume responsibility for any of the materials posted by its Users on the Portal. Maison Academia's views are not in any way to be associated with views/comments/ideas/opinions/etc. contained in Posts. Posts, including, but not limited to, any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users are not endorsed by Maison Academia, and we make no guarantee whatsoever, regarding the reliability, accuracy, or quality of any Post on the Portal. Contents of a Post remain sole and exclusive responsibility of the User who has entered the Post.
4.2 Posts are entered on the Portal without any obligation for Maison Academia to keep them available for any specified period of time. Maison Academia, may delete any Post at its complete discretion, in whole or in part, if it receives alerts /complaints/orders, it deems so appropriate to protect the Portal, or has otherwise reason to do so and it may do so without any prior notice to the User who has entered the Post.
4.3 Provisions in Articles 4.1 and 4.2 also apply mutatis mutandis to User Submissions which have not been specifically requested by Maison Academia to the Fashion Designer User.
4.4 You acknowledge that Posts and User Submissions are, essentially, user generated contents, according to the above, and, thus, the use of such type of content has to be carried out with the precautions associated with non editorial-quality material.
4.5 User Submissions contributed to the Portal are the sole responsibility of the User who originally posted them. Maison Academia will not accept any responsiblity for User Submissions which have not been expressly approved and marked as such on the Portal.
4.6 If you choose to submit and upload User Submissions on the Portal, we require that you register as Fashion Designer User and send us via fax a Partnership Contract with Maison Academia, containing specific terms and conditions which regulate the terms of contribution of User Submissions and the commercial partnership which may derive.
4.7 You will not be allowed to send User Submissions to Maison Academia until sending an executed copy of the Partnership Contract, accepted by Maison Academia and receving activation of a Fashion Designer User Account.
5. User Accounts
5.1 In order to access all the features of the Portal, you will have to create and activate an account. You are not allowed to use another user's account as unauthorized use constitutes infringement of the Law. When creating your account, we require you to provide us accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure, failure to do so will result in Your liability for any activity on Your account using Your login data. You may change your password at any time by updating your Account Profile page. In addition, you agree to immediately notify Maison Academia of any unauthorized use of your password or account or any other breach of security you may experience. Maison Academia will not be liable for any loss or damage arising from your failure to comply with this Article, nor will it be liable for breach or unauthorized access or any other event depending by its User's behavior. Furthermore, Maison Academia may discretionally decide to terminate and/or suspend any user account, even without prior notice, if it deems so necessary to protect its business interests and/or similar reasons and/or is ordered to do so by any Authority.
5.2 You agree not to use or launch any automated system, including without limitation, "robots", "spiders","automatic form fillers" or similar technological devices or programs, that access the Portal in such a way as to send a series of request messages to the Maison Academia servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Maison Academia grants the operators of public search engines permission to use spiders to copy materials from the Portal for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Maison Academia reserves , in any case, full right to revoke these exceptions either generally or in specific cases, in its sole discretion.
5.3 Access to the Portal shall be allowed to three types of User accounts, that shall be granted different degrees of access privileges to the various features and functions, as follows: a) "Fashion Lover": base account, provided after registration to Users; can vote and comment User Submissions; can order products available to Users; can send Posts;
b) "Trendsetter": premium account, awarded after a Fashion Lover user has validly completed a set number of orders as detailed on the Portal registration page in the trendsetter information section; may activate a public profile for other Users to browse; can vote and comment User Submissions; can order products available to Users; can pre-order from User Submissions and pictures of future Maison Academia releases; can make a non-revokable proposal to order User Submissions if they will be made available for production;
c) "Fashion Designer": partnership account, provided to those Users which enter into a Partnership Contract with Maison Academia; a Fashion Designer activates a public profile, that can be browsed by other users; this account has all the features of Trendsetter account, plus can operate and take part in market campaigns; can upload User Submissions; may perceive a percentage of profits, as per the contract; may access special sections of the Portal with data on sales of User Fashion;
5.4 Pre-ordering an item might result in a discount to the user on the item's expected price; users issuing pre-orders are aware that each item is custom tailored to the specifics of the ordering User and, therefore, applicable law does not grant any right to return such item unless there is negligence in applying those specifics (e.g. the size does not match the requested size, etc.). There is no possibility to return the item, by way of example, if items partially differ in colour or shape from the design, shown on the sketches or the User does not like the style once it is transported on the production item.
6. Virtual Contests
6.1 Maison Academia might introduce, from time to time, certain "Virtual Contests", to encourage Fashion Designers to submit User Submissions on a certain theme.
6.2 All registered Users shall decide, by voting their favourite, which design shall be immediately entered into production for marketing and sale over the Portal.
6.3 As an additional reward, the Designer winning a contest shall be appointed a special 'reputation badge' to be mentioned in his/her public profile (once active). No additional reward will ever be issued or offered by NextStyle, regarding any specific virtual contest.
7. User Warranties and liability
7.1 The use of this service is entirely at your risk and you take the full and sole liability of it.
7.2 You guarantee to Maison Academia to be the exclusive owner of the Contents uploaded by you on the website or to have pre-emptively got the necessary authorization from the owners of the rights concerning third party works or contents inserted into the Contents uploaded by you on Maison Academia.
7.3 You are therefore the sole responsible for any Content uploaded on Maison Academia using your ID and/or your password and anyway, for any behaviour or action set through your identification code.
7.4 As registered User, you commit yourself not to publish Contents:
- pornographic, obscene, or paedophiliac;
- that cause in any way damage to minors;
- blasphemous or offensive to the morals, ethics and to any religious belief;
- with purposes against public order, that sing praises to violence or racial hate;
- illegally detained or bought by the User (pirate software, unauthorized copies, etc.);
- advertising or promotional in favour of subjects different from the brand object of the campaign on Maison Academia to which the Content is uploaded;
- tied up to the gambling, competitions, games that ask for a money participation;
- protected by copyright, whether being audio, text, images or fragments of video without obtaining the previous authorization from the rights holder;
- that are damaging to third parties, with particular reference to copyrights or other rights of intellectual and industrial property;
- that contain virus or other software that may damage or influence the functionality of the site;
- that promote or induce to illegal activity;
- that contain utilizations of images fixed or on the move, of common and/or famous people, or that refer to these without their previous authorization;
- that contain deceptive or comparative advertising messages as by law in force enacted (l. 49/2005)
- that violate or induce to violate any law or regulation.
7.5 It is particularly forbidden the use of the service to cause in any way prejudice to third party or to commit or to encourage any kind of crime.
8. Children's privacy
8.1 Protecting children's privacy is especially important to us. It is our policy to comply with Italian laws.
8.2 Maison Academia does not operate or provide services directed toward children and does not intentionally collect information from children. If you find any content on our Portal offensive or otherwise disrespectfult towards minors, we ask you to contact us immediately, providing all details, so we can operate for its fast removal.
9. Warranties and liability of Maison Academia
9.1 Maison Academia, as the Data Controller and owner of the service, has undertaken its best effort to ensure the continuity of the service through its Data Processor and service provider UnionSystems S.r.l.
9.2 Pursuant to 9.1 NextStyler S.r.l. will not be liable for service interruptions due to:
- natural catastrophes or fortuitous event;
- tampering on the services or on the equipment, carried out by the User or by third party;
- wrong use of the services by the User;
- faulty operation of the connection devices used by the User, even when it is due to the non-observance of the laws and rules on safety, prevention, accidents and industrial injuries.
9.3 Maison Academia has no obligation to oversee any contents circulated through the service, nor has it any obligation to actively seek facts or circumstances that point out the presence of illegitimate activity without an appropriate order to do so by a competent Authority; Maison Academia is therefore not responsbile in case of possible controversy on the legality, truthfulness, correctness, quality, originality and paternity of the material published on the Portal; Maison Academia will take prompt action to remove the contents manifestly non compliant with third parties rights, as soon as it receives a direct complaint, provided with all necessary data to evaluate a violation (such as: link of offending content, information about copyright violation, etc).
9.4 If Maison Academia becomes aware of the illegitimate or prejudicial feature of the Content published online by the User, it will immediately require UnionSystems to remove the offending information and/or disable access to such data.
9.5 Maison Academia, in any case, declines any responsibility for possible violation of intellectual rights on Contents by third parties, as well as for the possible loss, cancellation or alteration, momentary or definitive, of Contents for any cause. Each User contributing material to the Portal does so at his/her own risk, and shall face any and all consequences of such behaviors, thus indemnifying Maison Academia as per article 11 below if applicable.
10. Virus and connections to third sites
10.1 Maison Academia has required UnionSystems to maintain the Portal without viruses, but cannot guarantee its full immunity from them. The User has therefore to adopt suitable safety measures and has to use an antivirus program to avoid the loading of virus on his own software. In case of hypertext link to third sites, Maison Academia does not have any responsibility for the possible illegitimate content of these, neither some obligation of control them.
11.1 The User is obliged to release any liability and to hold Maison Academia, as well as its affiliates and its representatives, its agents, its employees and third parties to which Maison Academia has granted rights on the uploaded materials, free from all the losses, damages, responsibilities, costs, burdens and expenses, including the possible legal expenses that might be suffered or sustained by Maison Academia as a consequence of any publication and/or use of the Contents uploaded by the User on Maison Academia, and/or of any default from the User of the obligations and warranties written in this contract and however connected to the use of the service, also in case of compensation for damages claimed by third party.
12. Service suspension
12.1 Maison Academia retains full right to remove, without notice, the account of the User and any Content produced and published by him that violates the conditions of this contract.
12.2 Removal might occur also in case of content reported as abusive/unlawful/copyrighted by other Users or third parties to Maison Academia. In such cases, Maison Academia shall also retain all rights to compensate any damage occurred with the infringing User, as per article 11.
13. Removal of the account for inactivity
13.1 If the User doesn't use the service Maison Academia for a certain period of months in succession, Maison Academia will have the right to disable his access to the site. Number of months shall differ, as per user type, as follows:
- 4 months for "Fashion Lover" accounts;
- 6 months for "Trendsetter" accounts;
- "Fashion Designer" account duration shall be expressly negotiated in the Partnership Contract.
14. Changes of terms and conditions of use
14.1 Maison Academia retains the right to modify these terms and conditions in every moment and without any previous notice. In using the service, the User has to completely accept the new conditions.
15. Contract termination
15.1 According to article 1456 of the Italian Codice Civile (Civil Code) this Contract would be terminated with no prior notice in case of any breach of the above terms and conditions. In such case Maison Academia shall not be liable of any indemnification to the User. At the same time the User shall be liable for losses, damages and other indemnifications to Maison Academia, arising as a consequence of the breach.
16. Contract termination
16.1 If any competent Authority states the nullity, the invalidity or the voidness, completely or partially, of a disposition, the rest of this contract will not change.
17. Applicable law and competent Court
17.1 These contract shall be governed by the Laws of Italy.
17.2 For any disputes arising under the above terms the Courts of Law at Rome, Italy shall have exclusive jurisdiction.
17.3 The use of Portal/services thereon is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Updates to Terms and Conditions
Terms and Conditions updated on July 2011.
According to article 1341 of the Italian Codice Civile (Civil Code) the User has read and accepts the terms contained in: 1 (Definitions) 2 (Access to Portal): 3 (Intellectual Property Rights) 4. (Posts and User Submissions); 5 (User Accounts); 7 (User Warranties and liability); 8 (Children's privacy); 9 (Warranties and liability of Maison Academia); 10 (Virus and connections to third sites); 11 (Indemnification); 12 (Service suspension); 13 (Removal of the account for inactivity); 14 (Changes of terms and conditions of use); 15 (Contract termination); 16 (Contract conservation); 17 (Applicable law and competent Court).