TERMS OF USE OF THE WI-FI D-Spot SERVICE

The following Terms and Conditions, also available on the website: login.wifi.diesel.com aim to describe the rule applying to users wishing to make use of the Wi-Fi service named "D-Spot".

D-Spot service is provided free of charge by Diesel S.p.A. in partnership with: the Municipality of Bassano del Grappa, SAIV S.p.a., Fastweb S.p.a. and Terralink s.r.l.

Content of the service

D-Spot WiFi is a wireless network that allows users to connect, free of charge, to the internet, from locations of the town, equipped with a wireless access point identified with the D-Spot logo. Details of where the D-Spot logos are located in town are available in the map.

Access to the service

In order to access to the service, users must have a Wi-Fi enabled device, such as i.e. laptop, mobile phone, Smartphone and Tablet The WiFi Service is not encrypted and uses shared networks, that may be subject to unauthorized interception and are not inherently secure. The Service is offered with the legal and technical characteristic available at the time of the user's request. The access to the Service is screened by filter who will block any user's activity which is contrary to the scope of the service.

Connection to the Service

At the first time users attempt to connect to the Service, they must follow and complete the following procedure: Switch on the device and check that wireless card is operating; Select "D- Spot" from the available wireless networks; open the internet browser, this will point user to the Login page; user must accept the terms and conditions as required: users using a mobile phone device shall download the required application and accept the terms and conditions; insert e mail address and select the "connect" button; complete registration by cliking the link received by e mail; in this way user will expressly agree to the terms and conditions already notified and will then receive the password to access to the Service. The e mail address and password given are the credentials to be used in order to access to the Service (hereinafter the "Account"). In order to complete the above procedure and in particular have access to their e mail, user will be granted access to the internet for a 10 minutes time. Then in order to continuing to be connected to the Servicing and to navigate on the web, user must login with the Account given. The e mail address given during the registration process must be the user's own or shall be in any case related to the user. Users of an Account are allowed to register a maximum of 5 different devices in a month. For each new registration user will receive at his/her e mail address a link, by clicking the latter he/she can confirm and complete registration process. The Account generated by the system will expire after 1(one) year from the last access trough the link sent by e mail to the user address. After said period in order to access to the Service users must complete a new registration process.

Account and password

The Account is automatically generated by the system at the time the user inserted its e maila ddress during the registration process. Users shall must keep its Account secret and shall not allowed third parties to use it in order to access to the Service. Users will in any case maintain full responsability for any violation of the agreement or of law committed using their Account. Should a user forget the password, he/she can request a new password from the Login page. A confirmation link will be sent to the user to validate the new Account. User shall promptly notify to the provider any unlawful use, theft or loss of the Account credentials emailing to D-Spot@diesel.com. Any attempt to violate the server, the network or the authentification system with the aim to sabotage them or to acquire the data contained in such systems, will be referred to the public authorities for criminal prosecution.

Conclusion of the contract

This agreement shall be deemed to be concluded with the acceptance by the user of teh terms and conditions; such acceptance shall take place before the issue of the access credentials and only after the acceptance the user shall be entitled to access to the Service.

Helpline

An helpline service will be avaiable till April 30th 2012 from 8.00a.m until 6.00p.m, on working days. Please call 0444 587587 or e mail at wifibassano@saiv.it for enquiries regarding Account registration or the technical characteristic of the Service. The helpline will not be able to provide any other information. Please report any problem experienced with the Helpline by e mailing to D-Spot@diesel.com.

Suspension of the service

Users acknowledge and agree that the Service may be temporarily sospended for maintenance purposes; users also acknowledge and agree to be aware that , due to inner characteristic of the network, the connection may be slower, weaker and that could impair the quality of the Service offered, even agianst the will of the parties or of the provider. Users agree to discharge responsibility and hold harmless the Service provider for any interruption and/or suspension of the Service due to a force majeure event such as, but not limited to, act of God, even chance, damages to the system run by a third party, manumission, fraud to the system and for any other misleading use of the Service or for a wrong or incomplete configuration of the system or for error in the devices used by user for the connection. User shall be in any case responsible for damages cause by him/her or by a third party accessing to the system with his/her Account, even if without user's authorization to do so.

Proper use of the Service

User declares to be aware that the Service is meant to be used for private purposes only and not for a commercial use within the limits allowed by the network itself, therefore he/she undertakes to maintain full responsibility for any damages or loss as a consequence of the user's misuse of the Service. User undertakes to use the Service in fully compliance with the applicable broadcasting legislation and IT legislation and not to commit any criminal or civil offence against any anyone or any company or pubblic office. Rights of third parties User undertakes to not use the Service in a way which may violate the rights of the parties offering the Service, especially their IP rights. User, taking into account that the Service is offered on free of charge base, undertakes to not seek from parties who is providing the Service, any compensation or remuneration for damages that he/she or a third parties may suffered as a consequences of the use of the Service, except were caused by a malicious behavior.

Data

User declare that he/she is the sole owner of the data sent through the Wi- Fi system or of the data used to access to the Service and agrees to not use data and/or information of a confidential nature of of which he/she cannot state to be the owner. Users will maintain full responsibility for any misleading disclosure of private information or confidential data through the Wi- Fi system even where the access of the Service was done using the user's Account without his/her permission to do so.

Indemnification

Users shall defend, indemnify and hold harmless the providers of the Service for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys' fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, users use of the Wi-Fi Service or any breach of this Terms of Use.

Modifications

Users agree to accept any modification to the terms and conditions of this Agreement, which will occur as a consequence of a new law enforcement or of a chance in the technical characteristics of the Service, at any time. Such modifications shall be binding and effective upon posting them to the users' e mail address.

Communication

Any communication directed to users will be address to the e mail address given during teh registration process; communication to the providers shall be addressed to D-Spot@diesel.com.

Termination Clause

This Agreement may be terminated and users' access to the Service may be cancelled at any time, without notice and for any security or safety reasons, and/or where the Service was used to perform any illegal activity.

Applicable Law and Court Jurisdiction

This Agreement is governed by Italian law, and for any disputes regarding the provisions set for herein or related to the use of the Service shall be the exclusive jurisdiction of the Court of Vicenza

Additional Terms

In the event that any clause of this Agreement be found to be null or without legal force, its voiding or invalidation shall not affect the remaining contractual clause and will only