Disclaimer

ㅤ

Warnings and Disclaimer:  MOTORCYCLING, SKIING, CYCLING, HORSEBACK RIDING, AND OTHER ACTIVE SPORTS ARE INHERENTLY DANGEROUS ACTIVITIES THAT COULD RESULT IN INJURY AND/OR DEATH. DAINESE PRODUCTS ARE DESIGNED FOR COMFORT AND PERFORMANCE, AND WHILE ALL ATHLETES SHOULD WEAR APPROPRIATE PROTECTIVE GEAR, NO PRODUCT CAN OFFER COMPLETE PROTECTION TO PERSONS OR PROPERTY AGAINST INJURY OR DAMAGE OF ANY KIND IN THE EVENT OF A FALL, COLLISION, IMPACT, LOSS OF CONTROL, OR OTHERWISE. EVERY MOTORCYCLIST, SKIER, BICYCLE RIDER, OR OTHER SPORTS PERSON MUST BE FAMILIAR WITH THE ACTIVITY THEY PERFORM AND MUST BE AWARE OF THEIR ABILITIES AND LIMITATIONS INHERENT IN THE ACTIVITY THEY PERFORM AND THE EQUIPMENT THEY USE, RECOGNIZING THE POTENTIAL RISKS AND DECIDING ACCORDINGLY WHETHER TO ASSUME SUCH RISKS. DAINESE ASSUMES NO RESPONSIBILITY FOR ANY INJURIES INCURRED BY PERSONS OR FOR ANY DAMAGE TO PROPERTY WHILE WEARING ANY DAINESE PRODUCT. DAINESE MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ITS PRODUCTS FOR ANY PARTICULAR USE. FURTHERMORE, DAINESE MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE DEGREE OF PROTECTION AGAINST INJURY, DEATH, OR DAMAGE THAT ITS PRODUCTS ARE ABLE TO PROVIDE TO PERSONS OR PROPERTY.

 

The Site : the website  www.dainese.com  (the “ Site ”) is owned by DAINESE SpA with headquarters in Italy, at Via Louvigny, 35 - 36064 Colceresa (VI), registered in the Vicenza Company Register no. 03924090248, Tax Code and VAT number 03924090248 (hereinafter “ DAINESE ”).

 

Use of the Site : Access to and use of the Site, including viewing web pages, communicating with DAINESE, downloading product information, and purchasing products on the Site, are activities conducted by users exclusively for personal use, unrelated to any commercial, entrepreneurial, or professional activity. The user will be solely responsible for the use of the Site and its contents. DAINESE authorizes the viewing, downloading, and printing of the materials contained on the Site, including the Site's graphic layout, solely for personal, non-profit consultation, in compliance with the intellectual property rights existing on the materials contained on the Site (including images, illustrations, graphics, animations, videos, text, icons, drawings, and writing, etc.) in favor of DAINESE or other companies that own such rights. CONSULTING THE SITE AND DOWNLOADING ANY TYPE OF MATERIAL OR MEDIA IMPLIES ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW. OTHERWISE, PLEASE DO NOT USE THIS SITE. When downloading specific documents or using certain services, you may be asked to accept specific additional conditions. DAINESE takes the utmost care in checking, but does not guarantee, the accuracy and completeness of the materials published on the Site. Such materials, including product catalogs and price lists, may be modified at any time and without notice at the discretion of DAINESE. While DAINESE commits resources to this end, it does not assume any obligation to update the materials on the Site. The information provided on the Site may refer to products, programs, or services that are not available in your country. In any case, it is the user's obligation to consult the DAINESE subsidiary or local distributor, using the appropriate links on the Site, to obtain information regarding the products, programs, or services available to the specific user. In the event of violation of any clause of these Terms of Use, authorization to use the Site shall be automatically revoked by DAINESE, and all material downloaded or printed by the user must be immediately destroyed.

Liability : The content of the Site and the features offered through it are provided "as is." Therefore, under no circumstances will DAINESE or any third party mentioned on the Site or on any website linked from the Site be liable, in any way, to the user or third parties, for damages of any kind arising from the use or inability to use the Site or any other site linked to it, or the materials or information contained therein, including any legal or implied warranties of fitness for a particular purpose or relating to interruption of business activity or damage to reputation. Mandatory laws in force in Italy remain unaffected. The user also acknowledges that the processing of data within the scope of the services and their transmission, including their contents, may involve the use of other networks and systems and that DAINESE may need to make changes to the services in order to conform or adapt them to the technical specifications, connection standards of its networks, or connection equipment and programs. IN THIS REGARD, THE USER ACKNOWLEDGES THAT DAINESE MAY MODIFY THE GENERAL RULES FOR USE OF THE SERVICES AT ANY TIME AND IN ITS SOLE DISCRETION, WITHOUT ANY OBLIGATION TO COMPENSATE. 

ANYONE USING THIS WEBSITE ALSO ASSUMES THE RISK THAT THE INFORMATION AND MATERIALS CONTAINED THEREIN ARE INCOMPLETE, INACCURATE, OUT OF DATE, OR THAT THEY MAY NOT MEET YOUR NEEDS AND REQUIREMENTS. DAINESE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS WEBSITE AND THE PRODUCTS, INFORMATION, GRAPHICS, AND MATERIALS CONTAINED THEREIN. DAINESE declines all responsibility for any damage resulting from the inaccessibility of the services on the Site or from any damage caused by viruses, corrupted files, errors, omissions, service interruptions, deletion of content, problems related to the network, providers, or telephone and/or computer connections, unauthorized access, data alteration, or the failure or malfunction of the user's electronic equipment. Each user remains responsible for the safekeeping and proper use of their personal information, including the credentials that allow access to reserved services, as well as for any harmful consequences or damage that may arise to DAINESE or third parties as a result of the incorrect use, loss, or theft of such information. IN GENERAL, DAINESE SHALL IN NO EVENT BE HELD LIABLE FOR DAMAGES OF ANY KIND, INCLUDING - WITHOUT LIMITATION - SPECIAL, INDIRECT, OCCASIONAL, OR REMOTE DAMAGES, EVEN IF DAINESE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Intellectual Property Rights:  The “DAINESE” name and logo are registered trademarks of DAINESE or of companies in the DAINESE Group. The contents of the Site, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Site, including the menus, web pages, graphics, colors, schemes, tools, fonts and design of the Site, diagrams, layouts, methods, processes, functions and software that are part of the Site (collectively, the “ Contents ”), are protected by copyright and all other intellectual property rights of DAINESE and other rights holders. Reproduction, in whole or in part, in any form, of the Site and/or its Contents is prohibited without the express written consent of DAINESE. Any modification of the materials on the Site, their copying, reproduction, publication, distribution, or use for commercial purposes, or on any other website or computer network, is prohibited. DAINESE and its licensors reserve all intellectual property rights, even those not expressly granted in these Terms of Use. 

 

Trademarks and Domain Names:  All other distinctive signs that distinguish the products sold on the Site are registered trademarks of their respective owners and are used within the Site for the sole purpose of distinguishing, describing, and advertising the products for sale on the Site. DAINESE and all other registered trademark owners have the exclusive right to use their respective trademarks. Any use of these trademarks that is unlawful and, as such, unauthorized, is prohibited and carries serious legal consequences. It is in no way permitted to use these trademarks and any other distinctive signs on the Site to take unfair advantage of the distinctive character or reputation of these trademarks, or in a manner that could harm them or their owners.

 

Database Protection : The structure of the Site contains a complex of databases which, due to the selection or arrangement of the materials, constitute an intellectual creation belonging to DAINESE or to any third-party companies that license them to DAINESE. Therefore, the structure of the Site is protected under Law 22/04/1941, n. 633 "COPYRIGHT".

 

User Communications : You may not transmit to the Site or post on the Site or in databases accessed from it any material that is illegal, threatening, defamatory, obscene, pornographic or otherwise in violation of any applicable law.

 

Privacy Policy:  Your personal data is processed by DAINESE in accordance with the provisions of Legislative Decree 196/2003 and the provisions of the Privacy Policy. The Privacy Policy also applies if you access the Site and use its services but do not purchase any products. 

 

Links : The creation of links to the Site is permitted subject to compliance with the following conditions: linking to the Site is permitted with the prior authorization of DAINESE from time to time, but copying the material contained therein for commercial purposes is not permitted. Browser environments or frames may not be created around the content of the Site (framing). Linking, without the prior authorization of DAINESE, must not imply, even indirectly, the existence of any authorization or approval by DAINESE of third-party products or services. Any relationship with DAINESE must not be expressed or implied. False information regarding DAINESE products and services must not be presented. Use of the logo and registered trademarks owned by DAINESE is prohibited without the express authorization of DAINESE. The link must not contain or lead to any material that could be considered in bad taste, offensive, or controversial and must be suitable for viewing by users of all ages. Links must always be made exclusively to the Home Page of the Site and, only with the prior written consent of DAINESE, to other pages of the Site. The origin of the Link must not be made using the name, logo, or any other distinctive sign of DAINESE, unless this is expressly authorized and regulated by a specific license agreement with DAINESE.

 

Links to Other Websites : Any links to third-party websites on the Site are provided solely for your convenience. Using these links means you leave the Site. DAINESE has not reviewed the linked third-party websites and does not control them, nor is it responsible for them or their content. DAINESE therefore assumes no responsibility for such websites, nor for any information, software, features, products, or materials contained therein, nor for any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk.

 

Site Security : You are prohibited from violating or attempting to violate the security features of the Site, for example: (1) by accessing data not intended for you or by connecting to servers or accounts which you are not authorised to access; (2) by attempting to probe, scan or test the vulnerability of the system or network or to violate security or authentication measures, unless expressly authorised to do so by DAINESE; (3) by attempting to interfere with the service offered to users, host computers or networks, for example by spreading viruses on the Site, overloading the system, sending massive quantities of data, etc. By using the Site, you hereby agree to refrain from using any device, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) other than the search engine and search agents available on the Site and other than the web browser you use (e.g., Microsoft Explorer, Opera, Google Chrome, Mozilla Firefox, Safari) to visit or interact with the Site.

 

Applicable Law : The Site's services are designed and intended for users residing in Italy. Therefore, DAINESE declines any and all liability if the material on the Site is used outside of Italy. Access to the Site from countries other than Italy is at the user's own risk, and the user assumes all liability arising from the application or applicability of the laws of the country of actual use (with which the user declares to comply). This Disclaimer & Terms of Use is subject to Italian law. Any and all disputes arising from the application of this Disclaimer & Terms of Use will be subject to the exclusive jurisdiction of the Court of Vicenza.