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Claims

W&W is not able to control all the contents (texts, images, videos, sounds, music, etc.) that the Users upload on the Website.
If you believe that the conduct of a User of the Website or of W&W is violating your rights, the rights of other people, violates the law or is unfair or inappropriate, you must send a written complaint to W&W Ltd., Via Fiesolana, 19, 50100, Florence, fiscal code and VAT number 06104780488, also by email at the address claim@withandwithin.com.

The letter must:

  1. 1) indicate clearly and fully your personal data and contact details, including email address and telephone number, where you may be contacted by W&W and by the person that you believe has committed the violation;
  1. 2) indicate the right violated, and clearly identify the conduct constituting the violation, the right violated, the right holder and/or the person offended by the conduct. In particular, you must indicate:
    1. (a) the full URL of the page where is reproduced the content that violates the right and the conduct constituting the violation;
    2. (b) the right violated (for example, the Community trade mark No …..dated …. owned by…..; the right to reproduce a video in Italy; the honour and the reputation), specifying all the details of the right that you believe was violated (for example: title, publisher, year of publication and ISBN number of a written work, link where a work published on the internet is available, etc.);
    3. (c) the name of the holder of the infringed right, with an accurate description of its data;
    4. (d) if in your knowledge, the data of the infringer;
  1. 3) contain the following statement: "I am aware of the responsibility arising from the content of this communication; I declare in good faith that the information contained in this communication is true and correct and that I am the holder of the rights violated or have been authorized to make this communication by the holder of the rights violated. I agree to keep W&W informed about the developments of the dispute with the infringer”;
  1. 4) insert the date and place and a legible signature. The complaint sent by e-mail must also contain a scanned signature. If the author of the complaint is a company, the complaint must be signed by the legal representative or by a person who has obtained a specific power of attorney to make the complaint. The power of attorney must be attached to the complaint.

The complaint will be examined by our Legal Department or an external lawyer, who may contact you to acquire the missing information or other useful information to assess the merits of your communication.

By sending the communication, you expressly agree that W&W is entitled to transmit all your personal data and a copy of your communication to the external consultants assisting W&W and to the person you indicated as the author of the violation. Therefore, W&W will send a copy of your communication to the person you indicated as the author of the violation, will ask his/her counter-arguments and will invite him/her to contact you in order to resolve the dispute amicably.

The author of the complaint and the author of the violation shall promptly inform W&W of the developments of the dispute, so as to allow W&W to take the appropriate actions in the interest of W&W and of the Users.

W & W reserves the right to delete the contents related to the complaint and to publish, in their place, the information about the author of the complaint and about the complaint. If W&W deletes the contents related to the complaint, the person who uploaded them may object to the removal of content, with the same procedure provided for the complaint, and you may present your counter-arguments.

W&W reserves the right to re-upload the content related to the complaint and to publish, along with them, information on the complaint procedure. By making the complaint, the counter-arguments and the opposition to the complaint, the parties expressly agree that W&W can take all the appropriate actions to protect its rights and interests.

Before sending the communication, please verify whether the conduct that you are going to report is truly illegal and, in particular, whether it does constitute the implementation of the rights of other people (for example, the freedom of expression, the right to protection of personal data, etc.).

In many cases it is advisable that you acquire legal advice, because if the facts that you alleged are false or do not infringe the rights that you indicated, or if the reported conduct has a legal basis that makes it allowable, you may face negative consequences such as requests for reimbursement of legal fees incurred as a result of your communication, request for compensation of damages, complaints etc.

If after a complaint you realize that you have sent wrong information or requests, please do inform W&W immediately, so as to allow W&W to correct any errors promptly.

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