General conditions of use of the trademarks and materials
Subject: general conditions of use of the trademarks and materials which are in the restricted area
of the website www.gemar.it and in the dedicated area on Gemar Brandfolder.
This is to inform you that, within the scope and the terms of the existing contract/business relationship between you and Gemar S.r.l., our company is willing to regulate – at the conditions set below (“CONDITIONS”) – the access to the restricted area (“RESTRICTED AREA”) on the website www.gemar.it owned by GEMAR Srl (“GEMAR”), as well as the use of the same and its contents.
1. All the trademarks and materials which are available inside the RESTRICTED AREA, including but not limited to, registered and unregistered trademarks, logos, slogans, words, drawings, images, pictures, films, sound recordings, are owned by GEMAR or used by GEMAR under consent of the owner. The above-mentioned trademarks and materials are protected by national and international industrial/intellectual property laws and by other applicable laws.
2. Unless otherwise authorized in writing by GEMAR, trademarks and materials which are inside the RESTRICTED AREA RESERVED cannot be supplemented or amended in any way; they cannot be used to give rise to derivative works, partially deleted or otherwise altered; they cannot be sold, purchased, licensed or disposed in favor of third parties.It is forbidden the filing and / or the registration, both in Italy and abroad, of trademarks, trade names, domain names, designs/models or other distinctive signs which are identical, similar and / or otherwise likely to be confused with the trademarks and / or the materials which are inside the RESTRICTED AREA.
3. These CONDITIONS are set forth to regulate the use of the trademarks and materials which are inside the RESTRICTED AREA in accordance with the principles of professional fairness as well as with the marketing policy of GEMAR.
- the use of the trademarks and materials which are inside the RESTRICTED AREA, at the terms and conditions set forth in these CONDITIONS, does not grant any license to manufacture products under such trademarks and materials;
- any authorized user of the trademarks and materials which are inside the RESTRICTED AREA is not authorized to assume obligations or otherwise to act in the name and on behalf of GEMAR;
- these CONDITIONS do not create any contract, association in participation, joint venture, employment or any other relationship between the user and GEMAR.
3.1 GEMAR grants the user the right to allow third parties, with whom the user has or intends to start positively regulated business relationships, to use trademarks and materials available in the RESERVED AREA.
The exercise of such right requires compliance with the following stipulations:
- the third parties, whom the user has an active commercial relationship with or intends to start an active commercial relationship, shall use GEMAR products; an active commercial relationship means that the third party has bought Gemar products during the solar year prior to the use of trademarks and materials.
- For the use of trademarks and materials available in the RESERVED AREA, the user must require third parties to comply with conditions analogous to those existing between GEMAR and the user, illustrated in this document.
- The user shall promptly notify to GEMAR the following information concerning the third parties:
4. The trademarks and materials which are inside the RESTRICTED AREA can be used only and exclusively within the terms set forth by these CONDITIONS. They can be used for the sole and exclusive purpose of identifying the products of GEMAR and, if there is any contract between GEMAR and the user, within the limits of the activities agreed in the contract. The use of the trademarks and materials which are inside the RESTRICTED AREA, including the reproduction of the same in any media / artwork, promotional or advertising material, printed matters or otherwise, including websites and other mass media, must be in such a way that it will be clear at all times to customers, prospective customers or third parties that they are property of GEMAR and that the user is acting as authorized distributor/dealer/retailer of GEMAR or under commercial agreements between the user and GEMAR such as manufacturing and co-branding marketing agreements. In any case, the use of the trademarks and materials which are available inside the RESTRICTED AREA for advertising campaigns and/or promotional activities must be in such a way that it will conform to GEMAR’s image and marketing policies.
5. The trademarks and materials which are inside the RESTRICTED AREA shall not be used, directly or indirectly, to advertise and promote the sale of products different from GEMAR’s products. It is not allowed any use of the above-mentioned trademarks and materials that would damage the goodwill and reputation of GEMAR’s trademarks and distinctive signs or the goodwill and reputation of GEMAR itself. It is not allowed any use of the trademarks and materials which are inside the RESTRICTED AREA which is likely to take unfair advantage from the reputation of GEMAR’s trademarks and distinctive signs and from the goodwill of this latter on the market.
6. The trademarks and materials which are inside the RESTRICTED AREA may contain errors or inaccuracies for which GEMAR disclaims any liability for consequential damages or losses.
Subject to the mandatory law, GEMAR has no liability arising from the use of the trademarks and materials which are available inside the RESTRICTED AREA.
Any liability arising out of any use which does not comply with these CONDITIONS or with the laws as well as any misleading or improper use will be borne by the user who agrees to indemnify and hold GEMAR harmless from and against third parties’ actions, claims, damages, costs.
7. It is not allowed to register, in any class, either directly or through third parties, in Italy or elsewhere, trademarks, company names, domain names, signs or other distinctive signs which are identical to or likely to be confused with the trademarks and distinctive signs of GEMAR. It is also forbidden to include the above-mentioned trademarks, trade names or distinctive signs of GEMAR in its own sign, trade or company name, either in combination of words.
8. Any use of the trademarks and materials which are inside the RESTRICTED AREA must cease immediately upon termination or cancellation, for any reason, of the contract or commercial agreement with GEMAR.
9. These CONDITIONS of use of the trademarks and materials which are available inside the RESTRICTED AREA are governed by Italian laws.
Any dispute arising from the interpretation and / or application of these CONDITIONS shall be definitively settled by the Courts of Rome.