1. The Ducati Community Service
You do not have to register to use the Ducati Community Service. However, in order to become a Ducati Community Publisher, you must register, even if you only wish to leave a comment and not upload material. To register, you must create a user account, which includes a user name and password. When creating a user account, you must provide accurate, complete and updated registration information. You may not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person. You may never use another's Ducati Community account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Ducati Community immediately of any breach of security or unauthorized use of your account. Although the Ducati Community will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Ducati Community or others due to such unauthorized use.
Ducati Community reserves the right to refuse registration or cancel a Ducati Community user account in its sole discretion.
Content on the Ducati Community Service is meant for all audiences. You understand that you will be exposed to User Content from a variety of Ducati Community Publishers and that Ducati Community is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ducati Community with respect thereto, and agree to defend, indemnify and hold harmless the Ducati Community, its parent corporation, its subsidiaries, its licensors, and their respective officers, directors, employees and agents to the fullest extent allowed by law regarding all matters related to your use of the Ducati Community Service.
As further conditions to use, solely by way of example and without limitation, you agree not to take any action, upload, download, post, submit or otherwise distribute or facilitate the distribution of User Content using the Ducati Community Service or any third-party service that (1) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; or (2) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane, pornographic or obscene, or promotes hate or incites violence; or (3) misrepresents the source or identity of any content; or (4) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming") or a chain letter, a pyramid scheme or any other similar solicitation, or phishing; or (5) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Ducati Community or any third party; or (6) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of the Ducati Community; or (7) constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, illicit substances, tobacco products, controlled substances, pharmaceuticals, counterfeit or stolen articles, registered or unregistered securities or any items that would cause Ducati Community to violate any applicable law or regulation.
You agree not to use the Ducati Community Service for any commercial use whatsoever or to solicit any users of the Site, without the prior written consent from the Ducati Community. You agree not to alter or modify the Site in any way without the Ducati Community's prior written consent. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the Ducati Community Service in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Ducati Community grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the User Content, but not caches or archives of such materials. Ducati Community reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g. comments, email) for any commercial solicitation purposes.
Ducati Community does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and the Ducati Community expressly disclaims any and all liability in connection with User Content. Ducati Community does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Ducati Community will remove all User Content and any other material if properly notified that such User Content or other material infringes on another's intellectual property rights. Ducati Community reserves the right to remove User Content and other material without notice.
Ducati Community reserves the right to discontinue the Ducati Community Service at any time for any reason or for no reason and without notice.
5. Ducati Community Ownership
The content on the Ducati Community Service, except all User Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Ducati Community Content") and the trademarks, service marks and logos contained therein ("Ducati Community Marks"), are owned by or licensed to the Ducati Community, subject to copyright and other intellectual property rights under the law. Ducati Community Content on the Site is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Ducati Community reserves all rights not expressly granted in and to the Site and the Ducati Community Content.
6. Copyright Policy
In accordance with the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA"), Ducati Community has established robust standards regarding copyright infringement. the Ducati Community's Designated Agent to Receive Notification of Claimed Infringement ("Copyright Agent") can be contacted at the following:
Ducati Community LLC
Attention: Copyright Agent
80 Franklin Street
New York, NY 10013
Only DMCA notices should be sent to the Copyright Agent. All requests for technical support should be directed to the Ducati Community's support team. All other feedback, comments, and other communications should be directed here.
Procedure for reporting Copyright Infringements:
If you believe that User Content or other material residing on or accessible through the Ducati Community Service infringes your copyright, please send a notice of claimed copyright infringement containing the following information to the Copyright Agent:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that Ducati Community is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Procedure to Supply a Counter-Notice to the Designated Agent:
If you, as the Ducati Community Publisher or user believes that the content that was removed or to which access was disabled is not infringing, or the Ducati Community Publisher or user believes that it has the right to post and use such content from the copyright owner, the copyright owner's agent, or pursuant to the law, the Ducati Community Publisher or user may send a counter-notice containing the following information to the Designated Agent:
- A physical or electronic signature of the Ducati Community Publisher or user;
- Identification of the user Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
- A statement that the Ducati Community Publisher or user has a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
- Ducati Community Publisher's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Ducati Community Publisher's or user's address is located, or if the Ducati Community Publisher's or user's address is located outside the United States, for any judicial district in which Ducati Community is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Ducati Community may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Ducati Community Publisher or user, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Ducati Community's discretion.
7. Termination of Account
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE DUCATI COMMUNITY SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE DUCATI COMMUNITY, ITS PARENT COMPANY AND AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. THE DUCATI COMMUNITY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE THE DUCATI COMMUNITY SERVICE. THE DUCATI COMMUNITY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE THE DUCATI COMMUNITY SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE DUCATI COMMUNITY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL THE DUCATI COMMUNITY OR ITS PARENT, AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE THE DUCATI COMMUNITY SERVICE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE THE DUCATI COMMUNITY SERVICE (INCLUDING BUT NOT LIMITED TO, THE DUCATI COMMUNITY CONTENT AND THE DUCATI COMMUNITY MARKS), WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF THE DUCATI COMMUNITY OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DUCATI COMMUNITY ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL USER CONTENT, VIDEOS, IMAGES, GRAPHICS, AND OTHER MATERIAL; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE DUCATI COMMUNITY SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF THE THE DUCATI COMMUNITY SERVERS OR ITS THIRD PARTY SERVER PARTNERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE THE DUCATI COMMUNITY SERVICE OR ANY CONTENT, WITHOUT LIMITATION, ANY AND ALL USER CONTENT, VIDEOS, IMAGES, GRAPHICS, AND OTHER MATERIAL, POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE DUCATI COMMUNITY SERVICE.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE DUCATI COMMUNITY SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE SITE IS CONTROLLED AND OFFERED BY THE DUCATI COMMUNITY FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. THE DUCATI COMMUNITY MAKES NO REPRESENTATIONS THAT THE DUCATI COMMUNITY SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE DUCATI COMMUNITY SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, THE DUCATI COMMUNITY AND ITS SUPPLIERS' AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
11. Ability to Accept
13. Right to Modify
The Ducati Community's friendly legal team
Last updated March 21, 2011