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Legal notice on intellectual and industrial property, reservation of rights and terms of use of www.cloucasa.it

LEGAL NOTICE ON INTELLECTUAL AND INDUSTRIAL PROPERTY, RESERVATION OF RIGHTS AND TERMS OF USE OF CONTENT

Website: www.cloucasa.it
Owner of the Website and distinctive signs: Direttiva Casa S.r.l.
Author of the editorial texts and graphic design of the brand: Maria Ippoliti
Digital address for legal communications: direttiva.casa@legalmail.it

Contents
  1. INTRODUCTION AND SCOPE
  2. 1. MARIA IPPOLITI’S AUTHORSHIP AND ATTRIBUTION OF CONTENT
  3. 2. PHOTOGRAPHIC CREDITS AND IDENTIFICATION OF AUTHORS
  4. 3. RESERVATION OF RIGHTS, PROHIBITION OF REPRODUCTION AND TDM/AI OPT-OUT
  5. 4. AUTHORISED USES AND TECHNOLOGICAL PROTECTION
  6. 5. PROTECTION OF THE REGISTERED CLOUCASA TRADEMARK, DISTINCTIVE IDENTITY AND PROHIBITION OF UNFAIR COMPETITION
  7. 6. CONTENT CREATED OR REWORKED USING ARTIFICIAL INTELLIGENCE
  8. 7. LIMITATION OF LIABILITY AND SAFEGUARD CLAUSE
  9. 8. PROCEDURE FOR AUTHORISATION REQUESTS AND REPORTS (NOTICE AND TAKEDOWN)
  10. 9. JUDICIAL PROTECTION, APPLICABLE LAW AND JURISDICTION

This web portal, accessible at www.cloucasa.it (the “Website”), and the entire body of intangible assets contained, reproduced, hosted or made accessible through it — including, by way of example and without limitation, literary and editorial works, essays, articles, photographs, images, graphic architecture, user interfaces (look and feel), logos, distinctive signs, data collections, source code, editorial layouts and multimedia content — are subject to reserved legal protection under Articles 2575 onwards of the Italian Civil Code, Law No. 633 of 22 April 1941 (Copyright Law, hereafter “L.d.A.”), Legislative Decree No. 30 of 10 February 2005 (Industrial Property Code, hereafter “C.P.I.”), and the international conventions and European Union regulations in force in this field.

This notice describes rights in Website content and the conditions for its use. Consulting the Website does not grant a licence to reuse its content. In the event of infringement, rights holders reserve the right to take appropriate action, subject to the limits and conditions provided by law.

1.1. Maria Ippoliti’s editorial and creative works.
Unless otherwise expressly and specifically stated, all editorial texts, editorial contributions, the conceptual and expressive form of textual content, and the graphic design of the ClouCasa brand, are intellectual works originally and exclusively owned by Maria Ippoliti. She holds full and absolute moral rights — including the right to claim authorship and oppose any distortion, mutilation or other modification, or any act detrimental to the work that could prejudice her honour or reputation under Article 20 L.d.A., rights that are legally inalienable, not subject to limitation and non-waivable — together with the related economic exploitation rights under Articles 12 onwards L.d.A., subject only to the specific rights of use granted to Direttiva Casa S.r.l.

1.2. Third-party contributions and materials.
Testimonials, quotations, extracts, photographic works and other materials attributable to third parties remain owned by their respective authors or rights holders. Available attributions appear alongside individual content, in captions or credit notes.

1.3. No implied assignments or licences.
Publication on the Website and mention of an author, photographer, professional studio or other rights holder serve solely to identify intellectual authorship and do not imply or give rise to any presumption, in the absence of a written instrument bearing a legally certain date under Article 110 L.d.A., of any assignment, transfer, licence, waiver, forfeiture or diminution of the rights belonging to Maria Ippoliti, Direttiva Casa S.r.l. or their respective holders.

For the accurate identification of authorship of photographic works and visual materials published on the Website, unless specifically stated otherwise:

3.1. Use of content.
Subject to uses permitted by law and any expressly stated licences, use of protected Website content requires prior written consent from Direttiva Casa S.r.l., Maria Ippoliti or other rights holders, each within their respective rights. The reservation covers the following activities to the extent that the relevant protection applies:

3.2. Merely citing the source is insufficient.
Availability of content on the Website and merely identifying the source, URL or author do not replace permission where it is required. Uses permitted by law remain unaffected, including summaries, quotations and reproductions of passages within the limits of Article 70 L.d.A.

3.3. Prohibition of Web Scraping, Data Mining and training Artificial Intelligence systems (express reservation under Article 70-quater L.d.A. and Article 4 of Directive (EU) 2019/790).
Direttiva Casa S.r.l. and Maria Ippoliti, each within their respective rights, expressly reserve reproduction and extraction of protected Website content for Text and Data Mining (TDM) under Article 70-quater L.d.A. and Article 4 of Directive (EU) 2019/790. To the extent permitted by law, the reservation includes use of content to train, develop and validate artificial intelligence systems. Applicable exceptions and mandatory provisions remain unaffected, including Article 70-ter L.d.A. This reservation does not cover rights belonging to third parties.

4.1. Binding licence conditions.
Written permissions specify the materials concerned, purposes, channels, territory, duration and other conditions of use. Unless otherwise agreed in writing, permission is non-exclusive, non-transferable and non-sublicensable. Required credits and rights notices must be retained. If agreed conditions are breached, rights holders may exercise the remedies available under the agreement and applicable law.

4.2. Technological protection measures and rights-management information.
Website content may carry watermarks, digital watermarks and metadata identifying authorship and rights. These notices must not be removed or altered without permission, subject to uses permitted by law. Any liability is assessed under the conditions set out in applicable legislation, including in relation to rights-management information under Article 102-quinquies L.d.A. Watermarks and metadata help identify content and deter copying; they do not prevent every copy. Their absence does not grant permission to reuse the material.

5.1. Exclusive industrial property rights in the registered ClouCasa trademark.
ClouCasa is a trademark registered with the Italian Ministry of Enterprises and Made in Italy — Italian Patent and Trademark Office (UIBM), used to identify the activities, services and editorial and business ecosystem of Direttiva Casa S.r.l. Under Article 20 C.P.I., registration grants the owner the exclusive right to use the sign.

5.2. Copyright protection for the logotype and graphic design.
Without prejudice to protection as a registered distinctive sign under the C.P.I., the graphic, stylistic and visual design of the ClouCasa brand is an intellectual creation attributed to Maria Ippoliti, independently protected under copyright law.

5.3. Prohibition of unauthorised use, infringement and unfair competition.
Third parties are strictly prohibited from using, in the course of economic activity or otherwise beyond purely private use, the registered ClouCasa trademark, the name Direttiva Casa S.r.l., or identical, similar or phonetically/conceptually related signs where this may create confusion or association for the public, take unfair advantage of the trademark’s distinctive character or reputation, or prejudice them (Article 20(1)(a), (b), (c) C.P.I.). Where the legal requirements for infringement or unfair competition under Article 2598 of the Italian Civil Code are met, rights holders may also take action in relation to the following conduct:

Where specifically indicated, certain images or visual works on the Website have been generated, assisted or reworked using artificial intelligence tools under the Website’s creative and editorial direction. This notice is provided for informational transparency. It does not exclude copyright protection for any human creative contribution in selection, coordination, structured prompt engineering and graphic post-production attributable to Maria Ippoliti or Direttiva Casa S.r.l., nor does it assert ownership of pre-existing third-party materials.

Direttiva Casa S.r.l. and Maria Ippoliti take care to verify the provenance and attribution of materials published on the Website. Third-party uses beyond their control remain subject to the liability provided by law. Rights holders reserve the right to seek cessation of unlawful uses and compensation for damage where the relevant legal requirements are met. Liability that cannot lawfully be excluded or limited remains unaffected.

Any request for a licence to use content, or any report concerning intellectual or industrial property rights, must be submitted formally in writing by certified email (PEC) to the following address:

direttiva.casa@legalmail.it

9.1. Reservation of legal action.
Any infringement of this notice or the rights belonging to Direttiva Casa S.r.l., the registered ClouCasa trademark and Maria Ippoliti may be brought before the competent authorities. Where the relevant legal requirements are met, rights holders may seek:

For potentially criminal conduct, rights holders also reserve the right to file a criminal report or complaint where applicable (Articles 171 onwards L.d.A.; Articles 473 and 517 of the Italian Criminal Code).

9.2. Applicable law and jurisdiction.
This notice is governed by Italian law, subject to applicable mandatory provisions and any rights granted to consumers. Jurisdiction and the competent court are determined under the applicable rules, including those governing specialised business divisions. This notice does not override mandatory rules on jurisdiction or venue.

© All rights reserved — Direttiva Casa S.r.l. | ClouCasa | Maria Ippoliti.