USE OF THE SITE - TERMS AND CONDITIONS
Definitions.
"Ducati" means Ducati Motor Holding S.p.A., Via Cavalieri Ducati n.
3, Bologna, Italy.
“Site” means the web site www.streetfighter.ducati.com owned and
managed by Ducati.
"User" or "You" means any visitor or user of the
Site.
The sections of the Site are operated directly by Ducati or by third
parties each time expressly indicated.
This agreement describes the
terms and conditions relevant to the use of the Site and the products and
services available through this Site.
These terms and conditions
describe User responsibilities and, among other things, they limit the
liability of Ducati. Before using the Site, please read all of this
agreement carefully.
BY ACCESSING ANY PART OR AREAS OF THE SITE, THE
USER AGREES TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS AND TO ABIDE
BY THEM.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND
CONDITIONS, YOU ARE NOT ALLOWED TO USE THE SITE.
Copyright notice.
The User acknowledges that information, data, software, photographs,
graphs, video, wallpapers, typefaces, graphics, music, sounds, images,
illustrations, designs, icons, texts and other material on the Site are
Ducati’s and/or third parties’ copyrighted works.
Duplications,
reproductions, even if partial, downloading, storage, publication or
diffusion by any mean and in general any acts of disposition or use of
information or material retrieved from this Site, in all forms, by media
and technologies now existing or developed in the future, are forbidden,
failing expressly advice to the contrary.
Trademark notice.
"Ducati" and "Ducati Corse" are figurative and denominative
trademarks of Ducati Motor Holding S.p.A., as the logos used in the Site
are registered by Ducati Motor Holding S.p.A.
Trademarks and logos of
third parties used in the Site are exclusive property of the respective
owners.
The use and reproduction in any form and way of these
trademarks and logos are forbidden.
Acceptable use.
The User may only use the Site to make legitimate operations and may
not use the Site to make any speculative, false or fraudulent
operations.
Unless otherwise expressly specified by Ducati, any part or
section of the Site, the information and the material available in the
Site, are for personal and non-commercial use only.
The User
represents that he/she is of age (18 years old) and in any case of
sufficient legal age to create binding legal obligations for any liability
the User may incur in, as a result of his/her use of this Site, and in any
case more than 14 years old. If not, the User is not allowed to use the
Site.
It is a violation of law to place contract proposals in a false
name or with an invalid credit card. Fraudulent Users will be prosecuted
to the fullest extent of the law.
Warranties.
Except for express written specific manufacturer or supplier's
warranties, all products and services available through this Site are
provided on an "as is", "as available" basis without warranties of any
kind, either expressed or implied.
Without limiting the above, no
warranty or guarantee is made (i) that a User will receive the lowest
available market price for goods or services available through the Site
(ii) that the use of the Site will be error free, (iii) regarding the
results that may be obtained from the use of the Site, or (iv) regarding
the accuracy, reliability or quality of any product, information content,
service, advice or goods provided or available through the Site.
User
expressly agrees that the use of the Site is at User's sole risk.
Product and services features.
The Site may be accessed by users from all over the world and may
contain references or cross references to products and services that are
not available or are prohibited in the User country. The presence of such
references do not imply that Ducati intends to make available in User
country such products and services, or that such products and services may
lawfully be used in User country. Ducati reserves the right, without prior
notice, to discontinue products or services or change their specifications
at any time without incurring any obligations.
All the products and
services explicitly destined for sale on the Site are for sale and use
only in the countries expressly indicated.
Products and services
specifications and availability may vary from country to country depending
on local laws.
All products and their related technical data, as
well as illustrations, advice and information available through this
website are provided on an "as it is, as available" basis without
warranties of any kind, either expressed or implied. Such information,
progressively updated, has a mere indicative value and is not binding for
Ducati. Ducati will not be liable for any mistakes in copy and/or
translation.
Not all colours and/or versions are available in all
countries. Ducati reserves the right to make changes and improvements to
any product without any obligation to give prior notice or to carry out
such changes to products already sold. Further product specifications are
in each model's owner manual. The products represented are not definitive
versions and may therefore under go both minor and substantial
modifications at Ducati's discretion and without any prior
notice.
PLEASE NOTE THAT MANY COUNTRIES PROHIBIT THE IMPORTATION,
REGISTRATION AND/OR USE OF VEHICLES OR PRODUCTS NOT BUILT IN ACCORDANCE
WITH THEIR LOCAL SPECIFICATIONS.
For more details, please contact your
local reliable Ducati Dealer.
General limitation of liability.
The information, software and services included in or available
through the Site may include inaccuracies or errors.
Changes are
periodically made to the information. Ducati and/or its respective
suppliers may make improvements and/or changes in the Site/services at any
time.
Ducati and/or its respective suppliers make no representations
about the suitability, reliability, availability, timeliness, lack of
viruses or other harmful components and accuracy of the information,
software, services and related graphics contained within the Site/services
for any purpose.
In no event shall Ducati and/or its suppliers be
liable for any direct, indirect, punitive, incidental, special,
consequential damage or for any damages whatsoever including, damages for
loss of use, data or profits, arising out of or, in any way, connected
with the use or performance of the Site/services, with the delay or
inability to use the Site or related services, the provision of or failure
to provide services, or for any information, software, products, services
and related graphics obtained through the Site.
IN NO EVENT SHALL
DUCATI BE LIABLE FOR EVENTUAL DAMAGE, LOSS, NON-PERFORMANCES CAUSED BY
SERVICES OR SECTIONS OF THE SITE NOT DIRECTLY OPERATED BY ITSELF.
In no
event shall Ducati and its directors, officers, employees, or
collaborators, be liable for any injury, loss, claim, damage, or any
special, exemplary punitive, incidental or consequential damage of any
kind, either based in contract, tort or otherwise, which arises out of or
is in any way connected with any use of the Site not in accordance with
these terms and conditions, even if Ducati has been advised of the
possibility of such damage.
If, notwithstanding the above, Ducati is
found liable for any loss or damage relating to the use of the Site, User
accepts and agrees that the liability of Ducati shall in no event exceed
the User fee (if any) for the use of the Site.
All applicable
photographs show professional riders on a controlled racetrack. Never
attempt any action that could be potentially hazardous to you or to other
road and track users.
Third Parties.
If You use the Site to submit a purchase order or to make a
reservation for or on behalf of a third party ("Third Party”), You are
responsible for any error in the accuracy of information provided relevant
to such use. In addition, You must inform Third Party of all terms and
conditions related to the Site use and to the purchase and reservation of
products and services, including all rules and restrictions applicable, as
well as of all products and services features. Each User using the Site
for or on behalf of a Third Party, agrees to indemnify and hold Ducati
harmless from and against any and all liabilities, losses, damages, suits
and claims (including the costs of defence), relating to the Third Party's
or the User's failure to fulfil any of its obligations as described above.
In case the Third Party will result defaulting, the User will be
directly responsible for any sent purchase order or reservation, included
all the related costs, charges and obligations.
Links to other Web Sites and Services.
The Site contains references to products and services supplied by
third parties or links to third parties web sites.
Ducati does not
guarantee and assume any responsibility for the accuracy or completeness
of the information and content provided by these third parties, or
included on the web sites of these third parties.
Ducati has no
responsibility for the contents, availability, operation or performance of
any other web site, to which the Site may be linked or from which the Site
may be accessed.
THE HYPERLINK TO THE HOME PAGE OF THIS SITE MAY BE
CREATE UPON WRITTEN REQUEST SENT TO DUCATI. DUCATI RESERVES THE RIGHT TO
DENY THE AUTHORISATION IN CASE THE LINK, IN ITS SOLE DISCRETION, MAY
REPRESENT A DAMAGE FOR DUCATI ITSELF (INCLUDED IMAGE AND REPUTATION
DAMAGE).
DEEP LINKING OR FRAMING, MADE TO AVOID THE CONTENT AUTHORSHIP
RECOGNITION, ARE EXPRESSLY FORBIDDEN.
Privacy protection.
Ducati is committed to respecting Users privacy and security. Data
that the User will eventually send to Ducati through the Site will be
processed with maximum attention and by all the instrument necessary for
their security, in full accordance with Italian law about privacy
protection.
To enable same specific functions, the Site may use
cookies. The User may, in his/her discretion, be informed by his/her
browser or prevent his/her browser from accepting cookies changing browser
configuration.
Third parties contents and sections.
The Site includes sections, articles and in general material managed
or supplied by third parties.
Ducati has no responsibility for the
lawfulness, veracity, accuracy, completeness or any other feature
regarding the contents of this material or of the Site sections managed by
these third parties.
The accountability for the contents of this
material or Site sections, including the ownership and the legitimacy of
the use of text, images, photographs, music, clips or everything else, is
the exclusive responsibility of the third party cited. Any claims
regarding the contents of the material or of the Site sections, managed or
supplied by third parties, are to be directed exclusively to the
respective authors or provider.
Indications and complaints.
Ducati shall, if a sufficiently motivated request is sent by writing
or e-mail to Ducati, timely remove the material posted on the Site that
will result property of parties, different from the material author or the
section provider indicated, which may legitimately claim rights or
interests in the material or its contents, or should the material or its
contents damage any interest or right protected by law, or should the
material or its contents infringe the law.
For any request, indication or complaint, please write to:
Ducati Motor Holding S.p.A., via Cavalieri Ducati n. 3, 40132,
Bologna, Italy.
Fax: + 39 051 6413879
E-mail:
contact_us@ducati.com
Termination of use
DUCATI MAY TERMINATE OR SUSPEND USER ACCESS TO ALL OR PART OF THIS
SITE, AT ANY TIME, WITHOUT NOTICE AND IN ITS SOLE DISCRETION.
Entire agreement.
These terms and conditions represent the entire agreement between You
and Ducati regarding your use of the Site and supersedes any prior
statement or representation.
The User declares to be informed that the
purchase or reservation of products or services, the fruition of
particular services or specific parts of the Site are governed by further
legal and/or contractual limitations as posted on the Site.
DUCATI MAY
AT ANY TIME, IN ITS SOLE DISCRETION, MODIFY THESE TERMS AND CONDITIONS AND
POSTED THE NEW TERMS AND CONDITIONS ON THE SITE. THE NEW TERMS AND
CONDITIONS WILL BE IN FORCE FROM THE TIME THEY WILL BE POSTED ON THIS
SITE.
THE SITE USE BY USER WILL BE GOVERNED BY TERMS AND CONDITION
POSTED ON THE SITE AT USE TIME.
Severability.
Any clause heading used herein is for convenience only and shall not
in any way affect the interpretation of these terms and
conditions.
Should any clause or part of it be held to be invalid
because it contravenes any applicable legal provisions, all other terms of
any such clause or part of a clause shall remain in full force and effect.
Language.
These terms and conditions are compiled in Italian and in English. In
whatever case of discordance between the two texts or doubts about their
interpretation, the Italian one will prevail.
Applicable law and jurisdiction.
THESE TERMS AND CONDITIONS WILL BE GOVERNED BY AND INTERPRETED IN
ACCORDANCE WITH THE LAWS OF ITALY.
Any controversy arising from these
terms and conditions will be subject to the exclusive jurisdiction of the
Court of Bologna, Italy.
For all herein expressly not provided for, the
provisions of Italian law are in force.