Terms of use of the dainese website

LIABILITY DISCLAIMER AND WARNING

RIDING MOTORCYCLES, SKIING, CYCLING, AND OTHER ACTION SPORTS ARE INTRINSICALLY HAZARDOUS AND CAN RESULT IN SERIOUS INJURY AND/OR DEATH. DAINESE PRODUCTS HAVE BEEN DESIGNED AND CONSTRUCTED TO OFFER HIGH COMFORT AND PERFORMANCE, AND EVEN IF THOSE WHO ENGAGE IN SPORTS ACTIVITY SHOULD ADOPT THE APPROPRIATE PROTECTION, NO PRODUCT CAN GUARANTEE COMPLETE PROTECTION AGAINST DAMAGE TO PROPERTY OR PERSONAL INJURY IN CASE OF FALL, COLLISION, IMPACT, LOSS OF CONTROL OR OTHER REASONS. ALL MOTORCYCLE RIDERS, SKIERS, CYCLISTS OR PRACTITIONERS OF ANY OTHER SPORT MUST BE SUITABLY AWARE OF WHAT THEY ARE DOING, THEIR OWN LIMITATIONS, AND THE EQUIPMENT THEY ARE USING, ACKNOWLEDGE ALL THE RISKS INVOLVED, AND DECIDE WHETHER SUCH RISKS SHOULD BE RUN OR NOT. DAINESE CANNOT ASSUME ANY LIABILITY FOR DAMAGE TO PROPERTY OR HUMAN INJURY INCURRED WHILE ITS PRODUCTS ARE BEING WORN. DAINESE DOES NOT PROVIDE ANY EXPLICIT OR IMPLICIT GUARANTEE OR WARRANTY REGARDING THE SUITABILITY OF ITS PRODUCTS FOR ANY PARTICULAR USE OR THE DEGREE OF PROTECTION THAT THEY ARE CAPABLE OF PROVIDING AGAINST DAMAGE TO PROPERTY OR HUMAN INJURY OR DEATH.

Use of the Website: DAINESE S.P.A. (hereinafter referred to as DAINESE) hereby authorises the display, downloading and printing of the materials contained in the following website www.dainese.com (hereinafter referred to as Website) including the website's graphic layout, only for the purposes of using the Website as an internal company resource or for personal use and not for purposes of profit in respect of the intellectual property rights governing the materials contained in the website (including photos, illustrations, graphics, animation, videos, texts, icons, drawings and writings, etc.) in defence of DAINESE or any other party holding such rights. The display of the Website and the downloading of any type of material or support implies the user's complete acceptance of the Terms of Use provided below. Whenever the user does not feel capable of accepting such terms, he or she is invited not to use this Website. The downloading of certain documents or the use of certain services may require the user's specific acceptance of other conditions. The DAINESE name and logo are registered copyrights of DAINESE or other DAINESE Group companies. Any and all modification of the materials contained in the Website and their copy, reproduction, publication, distribution or use for commercial purposes or in any other Website or computer network is strictly prohibited. DAINESE and its authorised parties reserve all intellectual property rights not expressly provided in these Terms of Use. Although DAINESE dedicates the maximum attention to the checking such materials, it cannot guarantee the accuracy or completeness of the contents of its Website. Such materials, including product catalogues and price-lists, may be modified in any moment without warning at the complete discretion of DAINESE, which although committing considerable resources to the purpose, also declines all liability for the updating of the contents of its Website. The information provided in the Website may regard products, programs and services that are not present in the nation of the user, who is obliged to consult the local DAINESE dealer or consociate by using the links provided in the Website in order to obtain the information required on the products, programs or services available for specific nations and users. The violation of any clause in these Terms of Use immediately invalidates the authorisation for the use of the Website granted by DAINESE and all the material downloaded and/or printed by the user must be immediately destroyed..

Database protection: The structure of the Website developed by DAINESE contains a complex of databases for the selection or arrangement of the materials that represents a creation covered by the intellectual property rights of DAINESE and/or the other companies who have granted rights to the latter and are therefore protected by Law No. 169 dated 06.05.1999

Communications by users and user privacy rights: The transmission of illegal, threatening, defamatory, obscene, pornographic material and any other material in violation of any applicable law to and storage in the Website or its databases is prohibited. The user's personal data will be processed by DAINESE as prescribed by Privacy Law 196/2003. DAINESE also applies the further minimum measures designed for the protection of client personal data against alteration, destruction, unauthorised and/or non-conforming disclosure, access, and processing. The Website can be visited without providing any personal data at all. In some cases, DAINESE may request users to provide personal data that are usually required only to complete registration for a service or in the context of a given transaction. Whenever a user places an order, DAINESE requests the name, e-mail address, mailing and invoicing addresses, telephone and telefax numbers, and other data depending on the type of payment to be used. Whenever the user decides to provide indispensable information to DAINESE via Internet, such as for the purpose of an exchange of information, the filling of an order with payment, or the delivery of a product, for example, DAINESE will provide detailed explanations on how such information will be processed. Whenever the user denies authorisation for the further use of such data, DAINESE agrees to respect such intention. DAINESE processes personal data also with the use of computerised or telematic processes suited for the memorisation, management, and transmission of such data for the following purposes: the management of Website functions and/or the stipulation of contracts, the creation of reports on the transactions accomplished and the disclosure of the same to the parties involved (e.g. suppliers who offer products or services related to this Website), for purposes of information, and for the implementation of protection measures against electronic fraud regarding the transactions in progress between DAINESE, users and/or third parties. For such purposes, and also in order to allow DAINESE to fulfil its obligations prescribed by contract and law, DAINESE may transmit or disclose personal data to its own Information Technology managers or others working for its sub-contractors, who all agree on the basis of agreements signed with DAINESE to process such information exclusively in respect of the strictest conditions of privacy. In particular, whenever such data are disclosed to third parties, DAINESE will adopt specific procedures in order to make sure that such third parties proceed in compliance with its own privacy protection policy and every applicable law in question.

Cookies: In accordance with Art. 122 of Law 196/2003, the user is informed that this Website uses Cookies (information files of small size that are memorised by the browser on the computer's hard disk) in order to keep track of some user data and personalise on-line service. There are two types of cookie: Temporary (which remain stored in the computer only for the time required for Website consultation and automatically dissolve at the closure of the browser's session) and Permanent (which remain stored in the user's computer even after the Website has been abandoned). Only temporary cookies are used by this Website. DAINESE uses cookies to offer its users personalised services and optimised Website navigation. Although most Web browsers accept these cookies automatically, the user can configure the browser in such way as to refuse cookies or signal the arrival of a cookie in the computer.

Log files: Like other companies operating on line, DAINESE collects and analyses certain technical information coming from the computers of users every time that they visit a Website page. Such information includes the type of browser utilised, the nation of origin, the provider of origin, the address of the latest page visited, and other technical information. DAINESE either processes and analyses this information directly or designates third parties for such purpose in order to monitor the type of traffic, especially in order to guarantee the Website's technical security and conduct statistical analyses on the collective behaviour and characteristics of the visitors, using such information anonymously in aggregate form to improve the Website's quality, content and functions without selling or disclosing such information to third parties. The list of parties to whom DAINESE communicates such information for these purposes can be requested from the DAINESE registered office.

Links: The creation of links to the Website depends on the respect of the following conditions. Although a link can be established to the Website following authorisation by DAINESE case by case, the material contained inside cannot be copied for commercial purposes. Browser frameworks or panels around the content of the Website (framing) cannot be created. Linking, permitted by the granting of DAINESE authorisation, does not imply either directly or indirectly the existence of any form of authorisation or approval of the products and services provided by third parties by DAINESE. No relationship of any kind with DAINESE must be expressed or implied. No false information regarding DAINESE products or services must be presented. The use of the DAINESE logo and trademarks is prohibited without the express authorisation of this latter. The Link must not contain or lead to any material that might be considered to be in bad taste, offensive or controversial, and must be suited to vision by users of all ages. Linking must be performed always and only to the Website's Home Page and to other Website pages only after first obtaining written DAINESE consent. The origin of the link must not be made through the use of the DAINESE name, logo or any other trademark unless expressly authorised by such latter in the appropriate DAINESE licensing contract.

Links to other Websites: Links to websites of other companies featured in the DAINESE Website are provided only for the comfort of the user. Connection to such links automatically abandons the DAINESE Website. DAINESE has not checked and does not control these websites of other companies and is not responsible for the same or their content, and for such reason, DAINESE declines all liability for such websites and any information, software, function, product or material contained in the same together with any effect that might be created through the use of the same. Whenever a user decides to visit any of the websites of other companies featured in the DAINESE Website, it remains understood that the user does so at his or her own exclusive responsibility and risk.

Website security: Users are prohibited from violating or attempting to violate Website security functions through the following or other actions, such as by: (1)accessing data not destined to the user or by connecting to servers or accounts to which the user has not bee granted access; (2) attempting to probe, examine or test the vulnerability of the system or a network or violating the security or authentication procedures, except when expressly authorised to do so by DAINESE; (3) attempting to interfere with the service offered to users, host computers or networks, such as by spreading viruses through the Website or intentionally overloading the system by transmitting massive quantities of data, etc. With the use of the Website and the acceptance of these Terms, the user agrees to refrain from using any device, software, instrument, agent or mechanism (including browsers, spiders, robots, avatars or artificial intelligence agents) other than the browsers and search engines available in the Website itself and the web browsers commonly used (e.g. Netscape Navigator, Microsoft Explorer, Opera) to visit or interact with the Website.

Liability: The Website's content and functions offered by the latter are supplied as are and under no circumstances will DAINESE or any other company mentioned in the DAINESE Website or accessed through links provided in the latter be liable to anyone for any reason whatsoever for damages caused by the use or the impossibility to use the Website or any of its links and any of the material and information contained in the same - including implicit copyrights or guarantees of suitability for particular usage - or in regard to the interruption of commercial activity or damage to corporate image. The user also agrees that the processing and transmission of data in the context of the services provided may require the use of other networks and systems, and that for such reason DAINESE might be required to modify such services for compliance or adaptation to the technical specifications and connection standards of its own networks or their connection programs and equipment. In this sense, the user agrees to allow DAINESE to modify the general rules of use for such services in any moment whatsoever at its own inalienable discretion without giving rise to any grounds to claims for indemnification of any kind.

Applicable Law : The DAINESE Website is managed by H-art with registered office in Via Sile 41, 31056 Ca' Tron di Roncade Italy, and the respective services are directed to users residing in Italian territory. DAINESE declines all liability whenever the materials in its Website are used outside Italian territory. Accessing this Website from other nations is made at the exclusive risk and responsibility of the user, who assumes all liability derived by the application of the law in the nation of use (to which he or she agrees to comply). These Terms of Use are subject to the provisions of Italian Law. DAINESE reserves the right to modify such Terms without warning in any moment at all. The use of the Website automatically implies the user's acceptance of the Terms of Use in force at the moment of use and requires the user to regularly consult both the on-line version of this document and the Website's operating instructions in order to learn the latest version to be applied by current users of the Website. Any and all modifications made to the personal data processing process will be rendered public in this document without requiring advance notice. Any and all disputes created by the application of these Terms of Use will be subjected to the sentence of the exclusively competent Court of Vicenza.

Rights of the User: The users has the right to request from the registered office of the handler of personal data - , which in this case is DAINESE S.p.A., Via dell'Artigianato, 35, 36060 MOLVENA (VI) - the confirmation of the existence and the origin of a record of his or her personal data, the method by and purpose for which such data has been processed, the updating, correction, and/or integration, cancellation, transfer or freezing of such data whenever illegal processing has been performed, and all the other actions specified with greater precision in Art. 7 of Privacy Law 196/2003.