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Terms of Use

These terms of use shall apply to all users of the website www.donkeyswing.it (the "Site"), and all services offered through it by Donkey Swing s.r.l.s., with registered office in Prato, viale della Repubblica 298, and headquartered in Signa (FI), via Edmondo de Amicis 1/D, VAT and Tax code IT02089840967, registration number in the Chamber of Commerce of Prato No.523847.

The Site allows users to take advantage of a wide variety of services related to the Donkey Swing clothing and accessories brand as site registration, signing up for newsletters via email, sharing content on the site, customer relationship management, general request for information, participation in promotional initiatives - such as bonuses/coupons offered to customers.

The User declares to accept these terms of use ("Terms of Use"), that govern the access and use of the Site and the content available through it. Therefore, we invite Users to not use the Site if they do not intend to accept these Terms of Use, which constitute a contract between users and Donkey Swing and shell be bind the parties to the terms described below.


1.         REGISTRATION


 The Site is freely accessible and can be available to the User. However, in order to access the community area of ​​the Site, the User must register by creating an account and filling out a form with his personal information. In order to register, user shall provide us with current, complete and accurate information as required in the relevant online registration form. By registering the User agrees that the personal data required for registration purposes, the processing of which is regulated by the privacy Information Notice of the Site, are true and correct.

The User shall update his data when necessary. The User also undertakes to diligently store username and password provided and used for registration purposes, and declares that he is aware that the provision of such authentication data to third parties and/or its use by third parties it is not allowed and may result in its liability for using the Site in a manner inconsistent with this Terms of Use.

The User agree to promptly notify Donkey Swing of any unauthorized use of his account or any other breach of security related to it. Donkey Swing shall not be considered  liable for any violation in which User may incur as a result of improper use of his account.

In case of breach of these Terms of Use, Donkey Swing may, at its exclusive own discretion, to cancel the User's account, remove or edit any content or access connected to the account or perform any other action that it shall consider appropriate.


2.         INTELLECTUAL PROPERTY


Other than what expressly granted with these Terms of Use, and with the exception of publicly available information or when authorized in writing by Donkey Swing, the User does not have rights upon any license or transfer of intellectual property rights belonging to Donkey Swing. It is expressly forbidden to the User (and without limitation), in whole or in part, to reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, put into a database , use to create derivative works, reverse engineer, transfer or sell anything that constitute an intellectual property right, including but not limited to information, software, elements of the Site or of other products in the ownership of Donkey Swing.

Unless otherwise indicated, all information contained in the Site including but not limited to, images, illustrations, graphics, photographs, videos, texts, icons, drawings and written and other material published on the Site are subject to copyright, trademarks, logos or other intellectual property rights owned, controlled or authorized by Donkey Swing or in the ownership of their respective owners and are protected by copyright laws.

Nothing of text or graphics of the Site may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, facsimile transmission, recording, re-adaptation or the use of any storage and retrieval system of information, without the written permission of its relevant owner. Each published document may contain other proprietary notices and copyright information relating to that specific document.

By placing any material or image through the Site, the User grant the permission to post such content, and declares to be the rightful owner of the submitted material and that no other person or legal entity may claim any rights to such material. User is responsible for the content and material made available by using the functionality of the Site; by making available materials and content, User represents and warrants that they do not violate this Terms of Use.


3.         LIMITATIONS ON USE


It is granted to the User a non-exclusive license to display the contents of the Site, but only and exclusively while accessing on it. Except to the extent required for the limited purpose of reviewing material on the site, electronic reproduction, adaptation, distribution, performance or display, is prohibited.

It is forbidden to use any automatic or manual tool, device, process, software, program, algorithm, method or procedure, including, by way of example and not limitation, "robots," "spiders," or other similar processes or functionality to interfere or groped to interfere with, or impose an unreasonable burden to, any operation of the Site.

The User is only authorized to visit, view and retain a copy for personal use of the Site pages/sections and shall not duplicate, download, publish, modify or otherwise distribute the content of the Site for any commercial purpose or for any purpose other than described in the Terms of use. By using the Site, User agrees not to make deep-linking to any purpose, unless a specific authorization by Donkey Swing.


4.         UNAUTHORIZED USE


The Site may not be used for illegal purposes or actions deemed as obscene, abusive, hateful, harassing, improper or questionable, or to sell or offer for sale goods or services, to make or submit surveys, contests or chain letters, or any purpose which is prohibited by these Terms of Use. User agrees not to post or store on the Site any software, information, data, databases, music, audio files, video or audio-video, photographs, images, documents, text, digital files or other material that may violate the intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights, or protectable confidential information) of Donkey Swing and third parties. The illegal or unauthorized use of the Site, including, but not limited, the framing of the sites or linking to unauthorized websites or unauthorized use of any robot, spider, other automated device on the Site, will be investigated and will be subject to any legal action that Donkey Swing deems appropriate, both  in civil and criminal courts.

Donkey Swing shall also reserve the right to terminate User access to and use of the Site and of User's account without notice and to delete the data provided. If Donkey Swing receive reports of possible violations by the User or suspects that the use of the Site violates these Terms of Use and, in particular, the intellectual property rights of Donkey Swing or third parties, or other applicable laws, it shall, in its sole discretion, suspend or terminate User’s account, access and use of the Site, without notice. Donkey Swing will in no event be liable to the User and third parties to the termination of the User’s account and for suspension/termination of the Site.


5.         PUBLICATION AND LINK OF CONTENT


Donkey Swing reserves the right to refuse to post or to remove any User content or a linked source that contains or has any of the following unacceptable content:

- Offensive, harmful and/or abusive language, including, without limitation: cursing, blasphemy, obscenity, harassment, profanity, sexually explicit language and hate speech (e.g., racist/discriminatory speech);

- References to illegal and/or unlawful activities, intentional imposition of surcharges, misleading advertising or violations of the right to health (for example, food poisoning, foreign objects in food, etc.);

- Offensive messages to other users;

- Contents that include personal attacks or describe physical and/or sexual harassment activities;

- Language that violates the rules of taste or the Site standards, as determined by Donkey Swing in its sole discretion;

- Content that Donkey Swing consider to be illegal or in violation of any European, national or local law, or the rights of any other person or entity;

- Language intended to imitate other users (including the names of other individuals) or user names or signatures inappropriate or offensive;

- Content that is encrypted or that contains viruses, trojans, worms, time bombs, robots or other computer routine intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.


6.         LINK TO THIRD PARTY WEBSITES


Some links to web sites shown on the Site allow User to end his navigation on the Site and connect to those web sites, pages and content of third parties. Donkey Swing hosts such links as a convenience only for the respective third parties owners and this does not imply in any case the approval by Donkey Swing of the contents to which the links refer to.

The User acknowledges that Donkey Swing:

(I) does not control, review, verify, endorse or accept responsibility for any material, content, services offered by third parties, including their suppliers and sub-suppliers on their respective web sites and any sites connected to them;

(Ii) it does not provide any guarantee and is not liable in respect of such materials, content, services;

(Iii) the User is solely responsible with regard to materials, content, services to which he has access through third parties’ websites.

If the User decides to use the services to share content on social networks by means available on the, he is aware that the content shared in such way will be processed according to the rules on the processing of personal data applied from the social network.


7.         ACCURACY AND COMPLETENESS OF INFORMATION


Donkey Swing is not responsible for the information contained on the Site not being accurate, complete or current. The information contained in the Site is provided solely as general information and shall not be used without first consulting primary, precise, complete and updated sources. Any reliance on the information contained in the Site is at the sole risk of the User.


8.         SUSPENSION AND INTERRUPTION OF SERVICE


Donkey Swing reserves the right to inhibit or prohibit or suspend at any time and without notice, access to the Site and its related services.

Donkey Swing reserves the right to suspend or terminate, in whole or in part, access to the Site at its discretion, for example, for technical reasons of any kind (e.g. maintenance), for business decisions, for the occurrence of unforeseeable circumstances or force majeure, or whenever the use of the Site by a User and/or the content entered by the latter would affect the availability of the Site, or might expose Donkey Swing, other Users and/or third parties subject to any liability or otherwise be contrary to any applicable law.

Donkey Swing agrees to provide notice to Users before it terminates accessing to the Site for the reasons given above, but does not guarantee to be able to do it every time that the interruption is deemed necessary.


9.         LIMITATIONS OF LIABILITY


The User acknowledges that the Site and all its contents, including services offered, are provided "as is" and "with all faults." Donkey Swing does not guarantee that the site is compatible with the user equipment or is free of errors or viruses, worms or trojans. Donkey Swing is not responsible for the damage suffered by the Users as a result of such destructive elements.

The User acknowledges and agrees that Donkey Swing, its employees or its suppliers are not responsible:

(I) for damages caused by negligence of Donkey Swing, its employees, subcontractors, suppliers, or for damages deriving from the Site, as well as for loss of earnings, losses, for incidental or consequential damages or any other partial or total, direct or indirect damage;

(Ii) for malfunctions in the use of materials or services of the Site caused by the computer or the User's equipment, and even where Donkey Swing had been expressly advised of the possibility of such damages.

Donkey Swing shall also not be responsible in any way for the quality of the connectivity services that the User uses to connect to the network, access the Site and use the available services. Donkey Swing shall in no way be held responsible for the continued availability of data transmission lines and equipment that the User uses to access the Site.

Donkey Swing shall be exempted from liability arising from the incorrect management of the Site by the User who agree to not post or transmit through the Site content or communications which are harmful or that violate, or infringe in any way, any third party rights (including intellectual property rights, confidentiality or the protection of personal data, or any other rights of any third party).


10.       COMPENSATION OF DAMAGES AND INDEMNITY


By using the Site, the User agrees to indemnify, defend and hold harmless Donkey Swing, its agents, employees, directors and employees from and against any claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, arising from any breach or failure to comply with any provision of these Terms of Use or applicable laws, or any warranty provided herein, or otherwise howsoever arising from use of the Site. Donkey Swing reserves the right to assume exclusive control of defense activities for any action anyway intended to obtain compensation from the User, and should this occur, the User will be required to fully cooperate with Donkey Swing in undertaking any available defensive remedies.


11.       MODIFICATION AND TERMINATION


Donkey Swing reserves the right, in its sole discretion, to modify, suspend or terminate the present Terms of Use, the Site and the services it provides, and that are connected to it and/or any part of these, and/or the account and User's password at any time for any reason, with reasonable notice. The continued use of the Site by the User implies acceptance of these Terms of Use and shall be fully binding with respect to any changes. If at any time the User chooses not to accept these changes, he may immediately terminate the use of the Site.

In the event that access to the Site by User is terminated, he shall still be bound by the obligations arising from these Terms of Use and any amendments thereto, including guarantees issued by the User and the exclusions and limitations of responsibility. Donkey Swing shall not be held liable to the User or any third party for termination of access of any kind by the User.  The User may terminate these Terms of Use at any time, by ending his registration on the Site, except as specified in the previous paragraph.


12.       REPORTING OF VIOLATIONS


Any abuse, misuse, uses unauthorized or contrary to the rules of applicable law and/or to these Terms of Use, shall be reported to Donkey Swing via email at: amministrazione@donkeyswing.it. The User shall also immediately report to Donkey Swing any unauthorized use of his account by third parties.


13.       PRIVACY AND COOKIES


Donkey Swing process personal data provided by the User to render the services necessary for the operation and use of the Site, in accordance with current legislation on protection of personal data (Data Protection Code, Legislative Decree 30 June 2003, no. 196).

For any information on how Donkey Swing collects and processes personal data, please refer to the Privacy Policy of the Site available at: Privacy Policy


14.       MISCELLANEOUS


These Terms of Use, the rights and obligations of the Users and Donkey Swing which derive from them, are governed by the Italian law. All disputes arising between the User and Donkey Swing shall be subject to the exclusive jurisdiction of the Court of Monza, expect when subject to any different jurisdiction allocations arranged by law in favor of the User.

In case of invalidity or unenforceability assumption by law of any provision of these Terms of Use, including, without limitation, to the warranty disclaimers and liability limitations above, the remaining provisions shall remain in full force and effect and the invalid and/or unenforceable provisions shall be deemed superseded by a valid, enforceable provision that most closely matches the spirit of the original provision.

The execution of the provisions of these Terms of Use by Donkey Swing is subject to existing laws and procedures, and nothing of what is contained in these Terms of Use shall derogate to the right of Donkey Swing to comply with the requests or the requirements arising from the application of such laws.