TERMS OF USE (TOU)

(EFFECTIVE AS 29.09.2017)


IMPORTANT – The access and use of the website Oakley.com (hereinafter, the “Website”) are regulated by the following terms of use (hereinafter, “TOU”). Before starting to browse on the Website, we invite you to carefully read these TOU, the current Privacy Policy as well as the cookie policy, both published under the “Privacy Policy” section on this Website (hereinafter, “Privacy Policy”). These TOU set out the terms and conditions of the contractual relationship between you ("You") the user of the Website and Luxottica Group S.p.A., its subsidiaries and affiliates (collectively, "Luxottica," "We" or "Us"), as owner of the Website. Luxottica Group S.p.A., is a company incorporated in Italy, VAT 10182640150, with subscribed share capital Euro 28.653.640,38, number of registration at the Companies Register of Milan 00891030272, R.E.A. Milan n. 1348098, with headquarters at Piazzale Cadorna 3, 20123, Milan, Italy, telephone number +39 02863341, telefax number +39 0286334050.

Luxottica reserves itself the right to update and amend these TOU anytime, by publishing the amended and updated TOU on the Website. Before starting to browse on the Website, or also in the case of being directed to this Website from another source such as an internet search engine, third-party website and/or social networks, we kindly invite You to read the TOU. By accessing or using this Website you are indicating your full and unconditional acceptance of the applicable TOU and the terms, conditions and obligations set out below. If You do not intend to accept these TOU, You should not use this Website

USER REPRESENTATIONS

By accessing or using the Website, You represent that You are an adult of at least eighteen (18) years old or you are using the Website under the supervision of a parent or guardian who has a full understanding of the Website and is able to oversee responsible and safe use of it. The purchase of products through the Website is only open to adults. This is without prejudice to any limitations or exclusions under specific legal provisions applying in Your country of residence only.

LICENSE GRANT

Luxottica hereby grants You a personal, revocable, limited, non-exclusive, and non-transferable license to use the Website in accordance with these TOU and solely for personal use, hereby excluding any use in relation to any commercial, advertising, entrepreneurial or professional activity. Notwithstanding the foregoing, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, break up, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise commercially exploit the Website or parts of it (including pages, texts, images, descriptions, audio-visual contents or any other work which is replicated and published on the Website).

PROPRIETARY RIGHTS

These TOU provide only a limited license to access and use the Website. Accordingly, You expressly acknowledge and agree that Luxottica transfers no ownership nor intellectual property interest nor title in and to the Website to You or to anyone else. All texts, graphics, user interfaces, visual interfaces, photographs, sounds, artworks, computer codes (including html codes), programs, software, data and databases, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel" and arrangement of any content contained on or available through the Website, unless otherwise indicated, are owned and/or licensed by Luxottica (and/or its subsidiaries and affiliated companies), in accordance with the terms of these TOU. Oakley, the Oakley logo(s), and all other names, logos, and icons identifying Oakley and its products and services are proprietary trademarks of Luxottica (and/or its subsidiaries and affiliated companies) ('Marks') and any use of such marks without our express written permission, including, without limitation, use of those Marks within any domain names, as website account identifiers, or incorporated into search terms, is strictly prohibited. Other products and company names or logos mentioned or displayed on or through the Website may be the trademarks and/or service marks of their respective owners.

RESTRICTIONS

You agree not to modify, distribute, disclose or create works wholly or partially based on the Website. You cannot (nor allow third parties to) sub-license, rent, sell, distribute, circulate, provide, transform, de-codify, break down, disassemble, reverse engineer, create derivative works of, modify or translate the Website, or in any case reproduce, copy, use or provide the Website, or parts of it, in any other ways except for those expressly permitted herein or as far as permitted by mandatory law that cannot be contractually excluded. You acknowledge and accept that the consumption on use of any content or data through use of the Website is solely your responsibility and that You are solely responsible for any damage to your systems or any loss of data caused by using the Website. Moreover, it is expressly forbidden to copy programmes and software which are needed for the functioning of the Website or to create programmes and/or trace back the source code of such programmes, as well as, in general, to copy, transmit, share, modify, alter and distribute any information codes contained in the Website and in its hyperlinks, in all such cases where they constitute works protected by copyright or under other provisions. It is also forbidden, wherever technically possible, to offer to download or duplicate in favour of third parties all information which can be obtained through the Website, as well as to use data mining, robots or other tools for the collection, extraction and elaboration of data, and to re-use parts of the content of the Website within other websites or IT systems, without prejudice to the uses that are expressly permitted under all mandatory laws applicable to your country of residence, provided the conditions set forth for such uses are fully complied with. It is also explicitly forbidden to access – or even attempt to access – other registered users’ accounts, as well as other networks or IT systems connected to the Website, in any way and for any purpose. Luxottica – either directly or indirectly – reserves the right to undertake any necessary and suitable legal action where you use this Website in violation of applicable law, the current TOU or any third party rights, as well as reserving the right to protect with any possible technical means all works, images, texts and content on this Website generally protected by copyright and/or by other intellectual property rights. Upon your registration on the Website, you will be asked to provide complete, up-to-date and true information only, as it is expressly prohibited to use names, credentials or profiles which do not relate to your real personal identity.

PRIVACY POLICY

Before accessing the Website, we invite you to review the Privacy Policy at the following link: Privacy Policy, in relation to the collection and use of personal information and data by Luxottica.

AVAILABILITY AND CONTINUITY OF SERVICE

You acknowledge and accept that Luxottica reserves the right, at its own and complete discretion, to temporarily or permanently (i) suspend or take down all (or part) of the Website, and/or (ii) disable any access to the Website, without any liability.

LINKS TO OTHER SITES

The Website may facilitate access to other sites or on-line social media networks or other pages, for your convenience. These sites, networks, or pages have not necessarily been reviewed by Luxottica and are maintained and managed by third parties over which Luxottica exercises no control. Accordingly, Luxottica expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third party sites. Moreover the existence of links to third parties websites on this Website does not imply Luxottica's endorsement of such websites nor of the products or services provided in those Websites (for which Luxottica disclaims any responsibility). You should check the terms and conditions of such third party websites before you use them.

LIMITATIONS OF LIABILITY

To the fullest extent legally permitted Luxottica, and/or its subsidiaries and affiliated companies or companies part of the same group, as well as other entities and subjects who contribute to the hosting of services or to the development of content and services of the Website are not liable for any indirect or unforeseen damages (or for any loss of savings or economic loss or damage, howsoever arising, whether directly or indirectly) deriving from your use of the Website and of the services therein contained, or from unavailability of such services. This, together with all other provisions of these TOU containing limitations of liability in favour of Luxottica, its subsidiaries and affiliated companies or companies part of the same group, do not apply in the case of fraud, gross negligence, violation of the obligations arising from public order provisions, or in all other cases in which such limitations or exclusions of liability are prohibited in accordance with mandatory laws applicable in your country of residence.

CONTENT SUBMITTED BY YOU

Luxottica reserves itself the right to make available on this Website bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communication facilities. In such instances, We welcome your comments on our Website. However, any note, message, opinion, review, billboard posting, idea, suggestion, as well as any text, image, link, audio-visual content, creative, musical or other material which You submit to Luxottica or upload and post in any way and through any means in sections or pages of the Website which are accessible by all users ("User-Posted Content") must not be illegal, objectionable or violate any rights of any third-parties. In particular, it is expressly forbidden to publish share or upload on the Website, in any way or through any means, any User-Posted Content which may: a) infringe upon third parties’ privacy rights or rights to confidentiality; b) encourage or promote acts which are irresponsible, antisocial, illicit, or contrary to public policy or to accepted principles of morality; c) result defamatory, discriminatory, offensive, obscene, or harmful of a person’s religious sensitivity; d) be harmful and/or discriminatory in relation to gender, sexual orientation, age, disability, sickness or else; e) incorporates images or comments which are improper, pornographic, or contrary to the common sense of decency; f) constitute cases of overt or surreptitious advertising or include (also in disguised form) unsolicited and/or undesired commercial information or communication; g) violate in any way the applicable provisions in relation to advertising law or relevant industry codes of advertising or sales practice; h) constitute in any way illicit or unfairly competitive behaviour or constitute misleading or aggressive commercial practices; i) be detrimental to Luxottica, the Website or other users; j) contain news, opinions or defamatory comments on third party products or companies, which are intended to or likely to discredit such products or companies; k) report news which is openly and deliberately fake or untrue; or (l) infringe any third party's intellectual property rights.

LICENSING ARRANGEMENT AND TRANSFER OF COMMERCIAL USAGE RIGHTS

Upon your submission of any and all User-Posted Content, You grant Luxottica a non-exclusive, royalty-free, perpetual, irrevocable right and license to use, reproduce, copy, modify, alter, publicly display, publicly perform, post, transmit, broadcast, distribute or otherwise use the User-Posted Content, so that Luxottica, and its parent and affiliates companies or companies which are part of the same group, shall be and is entitled to use reproduce, publish, translate and adopt such User-Posted Content for any type of use, including promotional purposes and advertising, in perpetuity, in any and all media whether now known or hereafter devised, without any acknowledgement, benefit or compensation being due to you. For this purpose, You expressly waive any and all rights, grounds, claims and actions giving you a right of inspection or approval over any material that may be produced from or used in connection with your User-Posted Content (to the fullest extent legally permitted). You irrevocably waive and agree not to assert any 'moral rights' that may arise in respect of such User-Posted Content whether now or in the future. By submitting any User-Posted Content to us, You represent and warrant that You hold all necessary right, title and license to such User-Posted Content, including the right to freely use and permit others to use or publish it, and warrant that the publication, submission and usage – even commercial usage - of such materials on the Website does not and will not violate or infringe the rights of any third-parties, including but not limited to privacy rights, commercial usage rights, advertising rights, image rights, and all other intellectual property rights.

INDEMNITY

By using this Website, You agree to defend, indemnify and hold harmless Luxottica and its parent and affiliates companies or companies which are part of the same group, as well as their directors, employees and agents, against any loss, direct or indirect damage, liability, cost, expense (including legal fees) claimed by any third party to the extent arising from: (i) any of your User-Posted Content; (ii) your breach of any provision of these TOU; and (iii) your infringement of any third party rights, including without limitation any property, privacy or intellectual property rights. This indemnity shall survive the duration of your use of the Website, until the full prescription of any right or related action.

REFUSAL OF PUBLICATION AND RIGHT TO REMOVE

Without prejudice to other provisions contained in these TOU, any opinion and/or suggestion by users or third parties posted on pages or sections in any way accessible through the Website, as well as all other general User-Posted Content are attributable only to the person who effectively expressed such opinion and/or suggestion or posted or submitted such content on the Website. User-Posted Content as well as all opinions and/or suggestions, which are posted on the Website by any user shall not be considered as content, opinions and/or suggestions reviewed, approved, endorsed or expressed by Luxottica, its directors, employees or agents, nor shall they give rise to any liability of Luxottica, its directors, employees or agents, except in cases of fraud, gross negligence or such circumstances where such liability cannot be lawfully limited or excluded.

LIMITATIONS OF LIABILITY FOR USER-POSTED CONTENT

Without prejudice to all the above, Luxottica reserves for itself the possibility to edit or deny publication of any User-Posted Content or other content proposed by users, as well as the possibility to remove such User Posted Content or other user content after publication, at its own discretion and without notice nor justification, without any liability of Luxottica and/or other companies in the same group.

WAIVER & SEVERABILITY

Failure by us to insist on strict performance of any of the terms and conditions of these TOU will not operate as a waiver by us of any subsequent or other default or failure of performance. If any part of these TOU is determined to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, it shall not invalidate the remaining provisions which shall remain in force to the maximum extent legally permitted. Where applicable law permits, the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most clearly matches the intent of the original provision and in any event the remainder of these TOU shall continue in effect.

APPLICABLE LAW

This agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the Italian Law without prejudice to your rights under other applicable law, which cannot be otherwise excluded. In particular, we do not exclude any rights you have as a consumer to make a claim in the courts of your country or to resort to a mediator, for an amicable resolution of the dispute, in accordance with your country’s applicable and mandatory consumer law.

HEADINGS

Headings are for convenience only and do not affect interpretation of this agreement.

CONTACTS

For any information or assistance You may need in relation to the Website and the present TOU, You may contact Luxottica