Terms and Conditions
Definitions.

"Ducati" means Ducati Motor Holding S.p.A. - A Sole Shareholder Company - A Company subject to the Management and Coordination activities of AUDI, Via Cavalieri Ducati n. 3, Bologna, Italy.

"Site" means the web site www.ducati.com owned and managed by Ducati.

"User" or "You" means any visitor or user of the Site.

Any references to "he"/"his"/"him" shall also include "she"/"her", wherever applicable.
 
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 this agreement carefully. BY ACCESSING ANY PART OR AREAS OF THIS SITE, THE USER AGREES AND ACKNOWLEDGES TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS AND TO ABIDE BY THEM.
 
IF THE USER DOES NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, HE IS  NOT ALLOWED TO USE THE SITE.

Copyright notice.

The User acknowledges that information, data, software, photographs, graphs, videos, 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, modifications, even if partial, downloading, storage, publication or diffusion by any means 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 prohibited, failing any written permission by Ducati in this regard.

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 is forbidden.

Acceptable use.

The User may only use the Site for legitimate and legal purposes 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 shall not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. The User shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 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 expressly 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 the User's sole risk and liability.

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/have different specifications or are prohibited in the User country. The presence of such references does not imply that Ducati intends to make available in the User country such products and services, or that such products and/ or services may lawfully be used in the 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 or liability.

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 on Ducati. Ducati will not be liable for any errors/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 included in each model's owner manual. The products represented are not definitive versions and may therefore undergo both minor and/ or substantial modifications at Ducati's sole 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, timelines, 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 but not limited to, damages for loss of use, data or profits, or other tangible or intangible losses, 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/REMOTE OR CONSEQUNETIAL 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 on the Site 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 the User uses the Site to submit a purchase order or to make a reservation for or on behalf of a third party ("Third Party"), he shall be responsible for any error in the accuracy of information provided relevant to such use. In addition, he must and shall be liable to inform Third Party of all the 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 fulfill any of its obligations as described above.

In case the Third Party defaults in any of its obligations, the User will be directly responsible for any purchase order or reservation, including all the related costs, charges, obligations and/or any losses incurred thereto.

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. Links to third party web sites does not imply that Ducati or this Site sponsors, endorses, is affiliated or associated with, or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Ducati.


Ducati does not guarantee or 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 availability, operation or performance of any other web site, to which the Site may be linked or from which the Site may be accessed.  

Ducati may permit a hyperlink to be created to the home page of this Site in its sole discretion upon receiving a written request. Ducati reserves the right to deny permission and/ or withdraw permission in its sole discretion, at any point of time without assigning any reasons therefore. <

DEEP LINKING OR FRAMING, MADE TO AVOID IDENTIFICATION OR RECOGNITION OF THE AUTHORSHIP OF THE CONTRACT, IS EXPRESSLY FORBIDDEN.

Information provided by you[1]

In order to use certain Services on this Site, the User may have to register. The User agrees to provide true, accurate and current information about himself as prompted by the registration and application forms on this Site. If any information which is provided is untrue, inaccurate, incomplete or not current, or if Ducati has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, it may, in its sole discretion, has the right to suspend or terminate the User's access to the Site. Further, the User agrees that Ducati will not be liable to him or any third party if Ducati terminates his access to the Site, and the Services or Materials thereon, for any reason.

Except for the information the User submits during the registration process or during the use of any other service offered through this Site (the "Permitted Information"), Ducati does not want the User to, and the User should not, send any confidential or proprietary information to Ducati via the Site. In accepting these Terms of Use the User agrees that any information or materials that the User or individuals acting on his behalf provide to Ducati other than the Permitted Information will not be considered confidential or proprietary. By providing any such information or materials to Ducati, the User shall grant it an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, distribute and sub-license to others such information and materials, and the User further agrees that Ducati is free to use, and allow others to use, any ideas, concepts or know-how that he or individuals acting on his behalf provide to it. The User further recognizes that Ducati does not want him to provide any information or materials to Ducati that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Ducati will use the Permitted Information in accordance with the privacy policy posted on this Site.


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 instruments necessary for their security, in full compliance with Italian laws 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.

Viruses

There is always the possibility of unknowingly acquiring computer viruses on the Internet and thus we want to warn the User about infections or viral contamination on his system. It is the User's responsibility to scan any and all downloaded materials received from the Internet. Ducati is not responsible or liable for any damage caused by viruses or related hazards, whether or not that virus or hazard resulted from a visit to this Site. The User assumes the entire cost of all necessary servicing, repair, or correction related to computer viruses.

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.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Further, the content on the Site may be applied for personal use only and not for commercial exploitation. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • - Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • - Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • - Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
  • - Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • - Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • - Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • - Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner
  • - Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • - Restrict or inhibit any other user from using and enjoying the Communication Services.
  • - Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • - Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • - Violate any applicable laws or regulations.

Ducati has no obligation or responsibility to monitor the Communication Services. However, it reserves the right in its sole discretion to review materials posted to a Communication Service and to remove any materials deemed inappropriate and/ or offensive. Ducati reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Ducati reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Ducati's sole discretion.

The User should always use caution when giving out any personally identifying information about himself or his children in any Communication Service. Ducati does not control or endorse the content, messages or information found in any Communication Service and, therefore, it specifically disclaims any liability with regard to the Communication Services and any actions resulting from his participation in any Communication Service. Managers and hosts are not authorized Ducati spokespersons, and their views do not necessarily reflect those of Ducati.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. The User is responsible for adhering to such limitations if he downloads the materials.


Indications and complaints.

Ducati shall, if a sufficiently motivated and reasoned request is sent by writing or e-mail to Ducati, remove the material posted on the Site that will result in infringement of any property rights of parties or 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 RESERVES THE RIGHT IN ITS SOLE DISCRETION, TO 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 the User and Ducati regarding his 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 POST THE NEW TERMS AND CONDITIONS ON THE SITE. THE NEW TERMS AND CONDITIONS WILL BE IN FORCE FROM THE TIME THEY ARE POSTED ON THIS SITE. THE SITE USED BY USER WILL BE GOVERNED BY TERMS AND CONDITIONS POSTED ON THE SITE AT THE TIME OF USE.

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.

These terms and conditions are compiled in Italian and in English. In case of ambiguity between the two texts or doubts about their interpretation, the Italian one will prevail.

Applicable law and jurisdiction.

THESE TERMS AND CONDITIONS AND THE USE OF THIS SITE WILL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF ITALY.

Any dispute, claim and/or 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.

Disclaimer

The User expressly understands and agrees that: (1) his use of this Site and the services and materials provided at the Site are at his sole risk, and (2) the materials may contain inaccuracies and typographical errors. Ducati does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Site. The User acknowledges that any reliance on the material or any opinion, advice, statement, or information shall be at his sole risk.

Ducati and other third party providers reserve the right, in their sole discretion, to correct any errors or omissions in any portion of the Site. We use reasonable efforts to provide the User with accurate information. We reserve the right, however, to make corrections and/or changes should this information prove to be inaccurate. Ducati and third party providers may make any other changes to the Site, the materials and the products, programs, services or prices described in the Site at any time without notice. Changes shall be effective once posted on the site.