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Terms of Use

The User is asked to read the following terms and conditions carefully. Their full acceptance constitutes a necessary and indispensable condition to access services offered by Ducati to registered Users of the site
 
1. Definitions.
 
"Ducati" means Ducati Motor Holding S.p.A., with its registered office at via Cavalieri Ducati n. 3, 40132 Bologna, Italy (VAT number 051138 0967, REA-Bologna CCIAA n. BO-473213, tel. +39-051-6413190/191, toll free number 800.55.30.66, e-mail contact_us@ducati.com, fax +39-051-6413268).
"Site" means the web site www.ducatipress.com owned by Ducati.
"User" or "You" means the user of the Site.
"Parties" means the User and Ducati.
"Services" means services and parts of the Site specifically reserved for registered Users, provided in accordance with the following terms and conditions of contract.
 
2. Subject matter of the contract.
 
Registration and access to the Services are offered free-of-charge by Ducati, excepting specific notice to the contrary, based on full acceptance by the User of the present terms and conditions of contract.
The User shall take full responsibility for the configuration of his/her computer and the installation of software for connection and the relevant costs as well as charges for connecting to the Internet (telephone charges included) in accordance with his/her provider’s rates.
The Services consist of: a periodic information service (personalised or not) about the world and initiatives (commercial and non-commercial) of Ducati and Ducati Corse, mainly by e-mail and/or via the reserved section of the Site; access to reserved sections of the Site; access to exclusive materials and any other service reserved for a registered User of the Site. In particular, the personalised information service consists of periodically sending information (mainly sent by e-mail) concerning the world of Ducati and Ducati Corse to the registered User and/or its display in the reserved section of the Site accessible upon log-in. It is understood that the User may access the site and/or receive emails at Ducati’s sole discretion. Regarding the above information services the User expressly authorises Ducati to use the e-mail address, provided by the User during the registration process, to send such information.
 
Acceptance of this contract presupposes the capacity to have rights, the capacity to exercise rights and the User being of adult age (18 years old).
 
3. Intellectual property rights
 
The User acknowledges that the brand names and logos, information, data, software, photographs, texts, graphics, videos video, graphs, music, sounds, images, illustrations, drawings, icons any other material present on the Site are the exclusive property of Ducati and/or third parties.
Duplication, reproduction in whole or in part, downloading, saving, publishing or divulging the material contained in this Site is permitted for press purposes only. Any other commercial or non-commercial use different from permitted press usage is absolutely forbidden unless express authorisation has been granted by Ducati against the User's written sent to the following email address.
 
4. User's data.
 
To complete the registration procedure, the User is requested to provide some personal data.
The User acknowledges and accepts that his/her personal data will be registered and used by Ducati according to Italian Legislative Decree no. 196 of 30th June 2003 - Personal Data Protection Code, to allow the execution of this contract between Ducati and the User and the other activities as specified in the privacy notice provided to the User through the Site.
The User declares that his/her personal data, provided to Ducati during the registration procedure, is correct and truthful.
The User can update or modify his/her personal data at any time, after logging in, via the special "Profile" section of the Site.
 
5. Modification, suspension and interruption of the Services and cancellation clause.
 
Ducati reserves the right to modify the Service characteristics and shall advise the User of such changes.
Ducati reserves the right to suspend or interrupt (transitorily or definitively) Services at any time, at its sole discretion and shall advise the User, disclaiming any responsibility with regard to the User.
Ducati reserves the right to suspend access to / the supply of Services, to terminate this contract and to cancel the User's registration in the following cases: a) should the User violate the present terms or further rules regarding a specific Service; b) should the User utilize Services for illegal purposes or violate the rights of third parties or engage in any other activities against the law.
 
6. Limitation of liability.
 
To the extent permissible under applicable law, Ducati shall not be held liable for any consequences, damages and/or loss of profits due to any malfunctions of the Site that the User or a third parties may incur.
Information, software and services included or made available via the Site may contain inaccuracies or errors.
 
The information contained in the Site is subject to periodic changes and Ducati may therefore carry out improvements and/or changes to the Site and/or Services offered at any time.
Use of the Services is entirely at the User's own risk. The Services are available without guarantee of any kind, explicit or implicit.
 
In no case shall Ducati be held liable for any consequences, damages and/or loss of profits due to suspension or interruption of the Services that the User, a subject directly or indirectly connected with the User or third parties may incur due to force majeure circumstances or pure chance.
 
Ducati shall not be liable for any delay, malfunction and interruption of the Services due to a) ordinary and/or extraordinary service or updating of its technological equipment, b) incorrect use of the Services by the User, c) malfunctioning of User's equipment, d) total or partial interruption of Internet access due to the Internet provider chosen by the User.
 
Due to the technical limitations regarding the protection of communication through the Internet, Ducati is unable to guarantee that information or data provided by the User through this website will not be accessed by unauthorized third parties.
 
7. Section and contents supplied by third parties.
 
The Site hosts or provides links to other websites, and also sections, contributions, articles and, more generally, material edited or provided by third parties with respect to Ducati.
Ducati cannot be held liable with regard to the legitimacy, truthfulness, completeness or any other characteristic concerning that which is quoted or contained in such materials or Site sections. Liability for the contents of such materials or Site sections, including ownership and the legitimate use of texts, images, photographs, film clips or any other material lies exclusively with the indicated third party.
 
8. Access to services. Email and password confidentiality.
 
Access to the Services is permitted through a computerised authentication procedure that requires the use of an Email address and a password chosen by the User; these are to be considered as private information.
 
The User declares that he/she understands that knowledge of such data by third parties would allow such third parties to use the Services in his/her name. The User shall therefore guard his/her Email address and password with the utmost diligence and confidentiality, and he/she shall exonerate and protect Ducati from any action, claim or request, including compensation for damages, deriving directly or indirectly from the use or misuse by anyone else of his/her Email address and password. The User shall diligently preserve his/her Email address and password and shall promptly inform Ducati of the loss, theft or unauthorised use of both access codes by sending an email to press@ducati.com. The User shall therefore be responsible for deeds and/or damages to Ducati and/or third parties deriving from the violation of the above obligations.
 
9. User's obligations.
 
All services shall only be used for press purposes. The User shall not use the Services for directly or indirectly commercial purposes. Should the user be interested in using the Services for commercial ends (e.g. books, videos, posters etc.) she/he can contact Ducati via the following email address: banca.immagini@ducati.com. Ducati shall decide at its own discretion whether to grant rights vis-ŕ-vis services and shall decide the relevant terms.
 
The User shall respect Ducati's intellectual property and industrial rights as per clause 3. The User shall not reproduce, duplicate, copy or distribute in any form the content of the Services for any commercial purpose.
 
The User shall not utilize the Site for activities that are illicit or in any way unlawful.
 
The User assumes all responsibilities and burdens for his/her activity performed via the Services and, with reference to such activity, exonerates Ducati from any claim or action that may be directed to Ducati by third parties.
 
10. Acceptance of the terms of the Services.
 
Use of the Services implies the full acceptance of the present general terms and conditions of the contract; their acceptance and the conclusion of this contract occur when the User, after filling in the registration form, clicks on the "Save" button and sends his/her data to Ducati. The User will then receive a confirmation by e-mail that will allow the User to activate his/her registration, subject to approval by Ducati.
The User agrees that confirmation of information and terms and conditions of this contract shall be sent by e-mail.
 
11. Duration and termination.
 
The terms of this agreement will commence on the date of acceptance of User registration and will continue in full force and effect until terminated, with or without cause, by either party.
The User has the right, at any time, to withdraw from this contract by sending an e-mail to press@ducati.com or by choosing, after logging in, the "Remove me" option in the "Profile" section of the Site.
 
In the event of termination via the “Remove me” option deletion will be immediate; if an email is sent Ducati shall delete the User as soon as possible.
 
12. Disputes.
 
Any controversy arising from the interpretation, execution and validity of the present terms and conditions will be subject to the exclusive jurisdiction of the Court of Bologna, Italy.
 
13. Severability.
 
If the User is a "consumer", in no case do the present conditions prejudice the rights attributed by Italian law to the User.
 
Should any clause or part of a clause of these terms and conditions 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.
 
14. Language.
 
These terms and conditions are compiled in Italian and in English. In the event of discordance between the two texts or doubts about their interpretation, the Italian one will prevail.
 
15. Applicable law.
 
This agreement shall be governed by and interpreted in accordance with the laws of Italy.
For everything not expressly provided for herein, the provisions of Italian law are in force.
By sending his/her registration form and personal information, the User declares that he/she has examined the present terms and conditions and that he/she expressly accepts them.
 
 
 

Privacy Information

The personal data provided by the User will be processed by the data controller Ducati Motor Holding S.p.A., with its registered office at via Cavalieri Ducati n. 3, Bologna, Italy (hereafter "Ducati"), by the data processor Crash Media Group Ltd, with its registered office at 5, London Road, Bicester, Oxford, UK, and by other subjects specially appointed by Ducati using prevalently computerized and telematic methods, in compliance with the provisions of Italian Legislative Decree no. 196 of 30th June 2003 - Personal Data Protection Code, for the following purposes:
 
(i) to allow the User to register and grant her/his authorized access to the website www.ducatipress.com and allow utilisation of the services as provided for in the relevant terms and conditions, to allow execution of the contract between Ducati and the User and all related activities and obligations. Data provided by the User during the registration process may be cross-checked with other data in Ducati's lawful possession as provided by the User in other circumstances. To activate specific service functions, and for the entire duration of such services, the site will use cookies (files sent from the site's server to the User's browser). The User may choose to be informed of the use of cookies or may limit their use through the specific function on the Ducati website or block the use of cookies by modifying the relative options on her/his browser. In this case, some website features may not work properly and some services may consequently be unavailable. The personal data shall not be divulged;
 
(ii) to allow Ducati to fulfil market research and customer satisfaction surveys. Only for these specific purposes may your personal data be communicated by Ducati to companies of the Ducati group, to Ducati subsidiary companies, to companies having a contractual relationship with Ducati (such as market research and data processing companies) or to companies that are part of the Ducati sales network (such as branches, importers, dealers, distributors, garages), including those outside the European Union, and in this case such subjects will process data only for the above-mentioned purposes; data will be made known to data processors and persons in charge of processing designated by Ducati and by said subjects. Personal data will not be divulged.
 
Providing your data for the purposes of point (i) is voluntary (i.e. not required by law) but it is necessary to complete the registration process, to conclude and to render the related contract effective. Failure to provide the data indicated as "compulsory" on the registration form will result in you not being allowed to complete the registration process and conclude the related contract.
 
Providing your data for the purposes of point (ii) is voluntary (i.e. not required by law): If you fail to provide the data for these purposes the only consequence will be that Ducati will not contact you to carry out market research or customer satisfaction surveys
 
As the data subject, you have the rights expressed in Section 7 of Italian Legislative Decree no. 196 of 30th June 2003. Regarding the exercise of these rights, including knowledge of the identity of the data processors designated by Ducati, you may telephone the toll free number 800-55-30-66, send and email to contact_us@ducati.com or send a fax to +39-051-6413268.