Definitions
“Ducati” means Ducati Motor Holding SpA – a single-member company – a company subject to the management and coordination of AUDI AG, with headquarters at Via Cavalieri Ducati n. 3, Bologna, Italy. “Site” means the website www.ducati.com, managed by Ducati and registered in its name. “User” or “You” means any visitor and/or user of the Site.
The various sections of the Site are managed by Ducati or by third parties expressly indicated from time to time. This agreement contains the terms and conditions relating to the use of the Site and the services and products made available through the Site. These terms and conditions govern the User’s responsibilities and, together with other matters, the limits of Ducati’s liability. Before using the Site, please read this agreement carefully and in its entirety. BY ACCESSING ANY PART OR SECTION OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND AGREE TO ABIDE BY THEM. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE.
Copyright Notice.
You acknowledge that the information, data, software, photographs, graphs, videos, artwork, music, sounds, images, illustrations, drawings, icons, and any other material on this Site are the exclusive property of Ducati and/or third parties. Duplication, reproduction, even partial, downloading, saving, publication, or distribution by any means, and more generally, any act of disposition or use of information or material from this Site, in any form, through existing or future media and technologies, is prohibited, unless expressly indicated otherwise.
Trademarks.
“Ducati” and “Ducati Corse” are registered figurative and word trademarks owned by Ducati Motor Holding SpA, as are all the logos used within the Site and registered as trademarks by Ducati Motor Holding SpA. The third-party trademarks and logos present on the Site are the exclusive property of their respective owners. The use or reproduction in any form or manner of such trademarks and logos is prohibited.
Use permitted.
The User may use the Site only for legitimate activities and shall not use the Site for any speculative or fraudulent activity. It is expressly prohibited to use any part or section of the Site, the information, or the material on the Site for commercial or advertising activities of any kind, unless expressly authorized in writing by Ducati. The User declares that he or she is of legal age (18 years of age) or in any case of sufficient age to assume the legal obligations and responsibilities resulting from use of the Site and in any case over 14 years of age. Otherwise, the User must refrain from using the Site. It is a violation of the law to make contractual offers under a false name or with an invalid credit card. Users who commit fraudulent or illegal acts will be prosecuted to the fullest extent of the law.
Warranties
Except for the warranties expressly indicated and provided by the specific manufacturer or supplier, all products and services on the Site are on an “as is” and “as available” basis without warranties of any kind, either express or implied. No warranty is made that: (i) a User will receive the goods or services available through this Site at the lowest market price; (ii) the use of this Site will be error-free; (iii) as to the results that may be obtained by using this Site; or (iv) as to the accuracy, reliability, or quality of any content relating to information, services, advice, or merchandise provided or made available through this Site. The User expressly declares that his or her use of the Site is at his or her sole risk.
Product and Service Characteristics
The Site can be accessed by users from anywhere in the world and the Site may contain references to products and services that are not available or are prohibited in the User’s country of residence. The existence of such references does not imply that Ducati intends to make such products and services available in the User’s country or that such products and services may be legally used in the User’s country. Ducati reserves the right, without notice, to discontinue the availability of certain products or services or to modify their characteristics at any time and without notice or obligation. All products and services expressly advertised for sale or otherwise featured on the Site are intended for sale or use only in the countries indicated. Product and service features and availability may vary from country to country due to local laws.
All products and related technical data, illustrations, and information on this site are “as is,” “as available,” without warranties of any kind, either express or implied. This information, which is updated periodically, is purely indicative and is not binding on Ducati. Ducati will not be liable for any textual and/or translation errors.
Not all colors and versions are distributed in every country. Ducati reserves the right to make changes and improvements to any product without notice, or to make such changes to products already sold. Further product specifications are contained in the relevant owner’s manuals. The products depicted are not final versions and are therefore subject to change, even significant, at Ducati’s discretion, without notice.
PLEASE NOTE THAT SOME COUNTRIES PROHIBIT THE IMPORTATION, APPROVAL, AND USE OF VEHICLES OR PRODUCTS NOT MANUFACTURED ACCORDING TO THEIR SPECIFIC REQUIREMENTS. FOR FURTHER INFORMATION, PLEASE CONTACT YOUR LOCAL DUCATI DEALER.
General Limitation of Liability
The information, software, and services included in or available through the Site may contain inaccuracies or errors. The information contained on the Site is subject to periodic changes. Ducati and/or its respective suppliers may make improvements and/or changes to the Site and/or the services offered at any time. Ducati and/or its respective suppliers make no warranties or representations regarding the suitability, reliability, availability, absence of viruses or other harmful components, or accuracy of the information, software, services, and related graphics contained on the Site or the services offered for any purpose. In no event shall Ducati and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages or any damages of any kind, including, but not limited to, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Site or any services contained therein, the delay or inability to use the Site or related services, the provision or failure to provide services, or any information, software, services, and related graphics obtained through the Site. DUCATI SHALL NOT BE LIABLE IN ANY EVENT OR MANAGEMENT FOR ANY DAMAGES OR INJURIES, LOSSES, OR FAILURE TO PERFORM CAUSED BY SERVICES OR SECTIONS OF THE SITE WHICH IT DOES NOT DIRECTLY MANAGE. Under no circumstances will Ducati, its directors, employees, or contractors be liable for any injury, loss, claim, or damage, direct or indirect, of any kind, whether arising in contract or tort, or in any way connected with use of the Site that is not in accordance with these terms and conditions, even if Ducati has been advised of the possibility of such damages. If, notwithstanding the foregoing, Ducati is held liable for any damage or loss related to the use of this site, the User agrees and acknowledges that Ducati’s liability shall in no event exceed the cost (if any) incurred by the User for using the Site.
The photographs published on this site show only professional riders in controlled track conditions. Do not imitate similar riding behaviors that could be dangerous to you or other track or road users.
Social Login
Using your social network account, such as Facebook and Twitter, you can log in to the App and the Site (so-called “social login”). The personal data used to operate the App or to register on the Site is collected directly from you, unless you expressly request registration and login via a social network upon your first access, or subsequently if you are already registered. If you use these features, Ducati will store, via the relevant social network, only the information from your profile that you expressly authorize the social network to share with Ducati. The association of your social network profile will be reflected on your social network accounts, whose specific privacy policies are referred to for further details. Ducati does not send any information about you to social networks. Legal basis: consent of the data subject.
Third Parties
If you use this Site to submit a purchase order, a reservation request, or generally to carry out any activity for or on behalf of a third party (“Third Party”), you are responsible for any errors in the accuracy of the information provided in connection with such use. You are obligated to inform the Third Party of all terms and conditions applicable to the purchase, reservation, or activity carried out through this Site, including all applicable rules and restrictions, as well as the characteristics of the products or services. Each User who uses this Site for or on behalf of a Third Party agrees to indemnify and hold Ducati harmless from any liability for losses, damages, actions, and claims (including defense costs) relating to the Third Party or any breach by the User of the obligations undertaken as described above. The User will be directly responsible for each purchase order or reservation submitted, including the related costs, charges, and fulfillment of the related obligations in the event that the Third Party is in default.
Links to other websites and services
The Site contains references to products and services provided by third parties or links to third-party websites. Ducati does not guarantee and assumes no responsibility for the content and information provided by such third parties, their completeness or accuracy, or for the content of these third-party websites. Ducati does not guarantee and assumes no responsibility for the content, availability, operation, and performance of any website that may be linked to this Site or from which this Site may be accessed. HYPERLINKS TO THIS SITE FROM OTHER SITES MAY BE LINKED TO ITS HOME PAGE UPON REQUEST SENT TO DUCATI. DUCATI RESERVES THE RIGHT TO REFUSE AUTHORIZATION TO LINK IF SUCH LINK COULD IN ANY WAY CAUSE DAMAGE OF ANY KIND TO DUCATI (INCLUDING DAMAGE TO ITS IMAGE OR GOOD NAME), AT ITS SOLE DISCRETION. DEEP HYPERLINKS OR LINKS USING TECHNIQUES AIMED AT PREVENTING RECOGNITION OF (OR DISGUISEDING) THE AUTHORITY OF THE CONTENT (FRAMING) ARE EXPRESSLY PROHIBITED.
Privacy Policy
Ducati has a strong respect for its Users’ privacy. Any data communicated by Users to Ducati through the Site will be treated with the utmost care and with all means necessary to ensure their security, in full compliance with current Italian privacy legislation. In order to enable the activation of specific functions, the Site may in some cases use cookies. Users may, at their discretion, be informed of the use of these tools or prevent their use by changing their browser settings. Sections and content provided by third parties. The Site also hosts sections, contributions, articles, and more generally materials curated or provided by third parties other than Ducati. Ducati assumes no responsibility for the legitimacy, truthfulness, completeness, or any other characteristic of the information reported or contained in such materials or sections of the Site. Responsibility for the content of such materials or sections of the Site, including ownership and legality of the use of text, images, photographs, music, videos, or anything else, lies exclusively with the indicated third party. Any action relating to the content of the material or sections of the Site can only be taken directly and exclusively against the respective authors or editors.
Reports and Complaints
Ducati undertakes, upon duly motivated request sent in writing or by email to Ducati, to promptly remove any material on the Site that is found to be the property of parties other than the person indicated as the author of the material or editor of the section of the Site, who may legitimately claim any right or interest in the material itself or its content, or if the material or its content infringes any interest or right protected by law.
For any reports, complaints, or information, the User is requested to write to:
Ducati Motor Holding SpA, via Cavalieri Ducati n. 3, 40132, Bologna, Italy. Fax: 051 6413879 Email: [email protected]
Termination of Service
DUCATI MAY TERMINATE OR SUSPEND YOUR 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 supersede any prior agreements or representations. You are informed that the purchase or reservation of products, items, or services, the use of particular services, or specific parts of the Site, are subject to additional legal and/or contractual provisions as indicated from time to time on the Site. DUCATI RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY THESE TERMS AND CONDITIONS AT ANY TIME BY DISCLOSED BY POSTING THE NEW TERMS AND CONDITIONS ON THE SITE. THE NEW TERMS AND CONDITIONS WILL BE VALID AND EFFECTIVE FROM THE TIME THEY ARE POSTED ON THE SITE. YOUR USE OF THE SITE WILL BE SUBJECT TO THE TERMS AND CONDITIONS POSTED ON THE SITE AT THE TIME OF USE.
Severability
The clause headings used herein are for convenience only and shall not in any way affect the interpretation of these terms and conditions. If any provision or portion of a provision of this agreement is held invalid because it conflicts with any applicable law, all other terms and clauses or portions of clauses will remain in full force and effect.
Language
These terms and conditions are drafted in Italian and English. In the event of any discrepancy between the texts in the two languages or any doubt as to their interpretation, the Italian text shall prevail.
Applicable Law and Jurisdiction
THESE TERMS AND CONDITIONS WILL BE GOVERNED AND INTERPRETED BY ITALIAN LAW. Any dispute arising from or relating to these terms and conditions shall be subject to the exclusive jurisdiction of the Court of Bologna, Italy. For anything not expressly provided for herein, the provisions of the law in force in Italian law apply.
