Disclaimer
⠀
Warnings and Liability Disclaimer: MOTORCYCLING, SKIING, CYCLING, HORSE RIDING AND OTHER ACTION SPORTS ARE INTRINSICALLY DANGEROUS ACTIVITIES, WHICH MAY RESULT IN INJURY AND/OR DEATH. DAINESE PRODUCTS ARE DESIGNED TO OFFER COMFORT AND HIGH PERFORMANCE, AND EVEN IF SPORTS PEOPLE SHOULD WEAR APPROPRIATE PROTECTIVE CLOTHING, NO PRODUCT CAN OFFER TOTAL PROTECTION AGAINST INJURY OR DAMAGE OF ANY KIND TO PEOPLE OR TO PROPERTY IN THE EVENT OF A FALL, COLLISION, IMPACT, LOSS OF CONTROL ETC. ALL MOTORCYCLISTS, SKIERS, CYCLISTS, HORSE RIDERS AND OTHER SPORTS PEOPLE MUST BE FAMILIAR WITH THE ACTIVITY THEY ARE DOING AND AWARE OF THEIR ABILITIES AND LIMITATIONS WITH REGARD TO THE ACTIVITY AND THE EQUIPMENT THEY ARE USING. THEY MUST ALSO ACKNOWLEDGE ANY POTENTIAL RISKS INVOLVED AND DECIDE WHETHER SUCH RISKS SHOULD BE TAKEN OR NOT. DAINESE SHALL NOT BE HELD LIABLE FOR ANY PERSONAL INJURY OR DAMAGE TO PROPERTY WHILE ITS PRODUCTS ARE BEING WORN. DAINESE PROVIDES NO EXPLICIT OR IMPLICIT GUARANTEE REGARDING THE SUITABILITY OF ITS PRODUCTS FOR ANY PARTICULAR USE, NEITHER DOES IT GUARANTEE THE DEGREE OF PROTECTION THAT SUCH PRODUCTS ARE CAPABLE OF PROVIDING AGAINST PERSONAL INJURY, DEATH OR DAMAGE TO PROPERTY.
The Website: The website www.tcxboots.com (hereinafter referred to as the “Website”) is owned by DAINESE S.p.A. with its headquarters in Italy, in Via Louvigny, 35 – 36064 – Colceresa (VI), enrolled on the Business Register of Vicenza with n. 03924090248, Tax Code and VAT no. 03924090248 (hereinafter referred to as “DAINESE”).
Use of the Website: Access to and use of the Website, including the viewing of web pages, communication with DAINESE, the opportunity to download information about products and purchasing these on the Website are activities carried out by users exclusively for personal use that is unrelated to any commercial, business or professional activity. The user shall be the sole person responsible for using the Website and its contents. DAINESE authorises the viewing, downloading and printing in paper format of the materials contained on the Website, including the graphic layout of the Website only for consultation for personal use, not for profit, in full compliance with the intellectual property rights governing the materials on the Website (including images, illustrations, graphics, animation, videos, texts, icons, drawings and wordings, etc.) concerning DAINESE or other companies who hold such rights. WEBSITE CONSULTATION AND THE DOWNLOADING OF ANY TYPE OF MATERIAL OR SUPPORT IMPLIES THAT THE USER ACCEPTS THE FOLLOWING TERMS AND CONDITIONS. A USER WHO IS UNABLE TO ACCEPT SUCH TERMS IS REQUESTED NOT TO USE THIS WEBSITE. The downloading of certain documents or the use of some services may require the user to accept further conditions. Although DAINESE pays maximum attention to checking, it cannot guarantee the accuracy or completeness of any materials published on its Website. Such materials, including product catalogues and price lists, may be changed at any time without warning at the complete discretion of DAINESE, which although committing resources to this purpose, declines any obligation to update the contents on its Website. The information provided on the Website may refer to products, programmes and services that are not available in the user’s country. The user is therefore obliged to consult the DAINESE subsidiary or local dealer by making use of the specific links on the Website in order to obtain the information required about the products, programmes or services available for the specific user. If any clause in these Terms of Use should be violated, DAINESE shall automatically invalidate any authorisation to use the Website, and any materials downloaded or printed by the user must be immediately destroyed.
Liability: The content of the Website and the functions it offers are provided “as is”. Therefore, under no circumstances shall DAINESE or any third party company, mentioned on the Website or on any website linked to the Website, be liable in any way towards the user or towards third parties for damages of any kind arising from the use of materials or information contained therein, or from the inability to use the Website or any other website linked to it, including any rightful warranty or implied warranty of fitness for a particular purpose or related to the interruption of commercial activities or damage to its image. The current legal provisions in Italy apply. The user must also be aware that data processing and transmission, including their content, with regard to services may involve the use of other networks and systems, and the need for DAINESE to make changes to services in order to conform or adapt them to technical specifications, to standards concerning the connection of its networks or to connected equipment and programmes. TO THIS END, THE USER ACKNOWLEDGES THAT DAINESE MAY CHANGE THE GENERAL RULES OF USE OF THE SERVICES AT ANY TIME AND AT ITS OWN SOLE DISCRETION, WITHOUT ANY OBLIGATION TO COMPENSATE.
ANYONE USING THIS WEBSITE ALSO INCURS THE RISK THAT THE INFORMATION AND MATERIALS CONTAINED HEREIN MAY BE INCOMPLETE, INACCURATE, NOT UP-TO-DATE, OR MAY NOT MEET THEIR NEEDS AND REQUIREMENTS. DAINESE SPECIFICALLY DISCLAIM ANY LIABILITY CONNECTED WITH ANY EXPLICIT OR IMPLICIT GUARANTEE, INCLUDING – BUT NOT LIMITED TO – A GUARANTEE OF MARKETABILITY OR SUITABILITY FOR A SPECIFIC PURPOSE IN RELATION TO THIS WEBSITE AND THE PRODUCTS, INFORMATION, GRAPHICS AND MATERIALS CONTAINED THEREIN. DAINESE disclaims any liability for any damage resulting from the inaccessibility of the services on the Website or for any damage caused by viruses, corrupted files, errors, omissions, interruptions to the service, deletion of contents, problems with the network, providers or telephone and/or telecom connections, unauthorised access, alteration of data, failure and/or malfunction of electronic equipment of the user. The individual user remains responsible for the custody and correct use of his/her personal information, including the credentials that enable access to reserved services, and for any damage or prejudice that might affect DAINESE or third party companies as a result of the incorrect use, loss or theft of this information. IN GENERAL, DAINESE SHALL IN NO WAY BE HELD LIABLE FOR ANY KIND OF DAMAGE, INCLUDING - BUT NOT LIMITED TO - SPECIFIC, INDIRECT, OCCASIONAL OR REMOTE DAMAGE, EVEN IF DAINESE MAY HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGE OCCURRING.
Intellectual Property Rights: The “DAINESE” name and logo are registered trademarks of DAINESE or companies in the DAINESE Group. The contents of the Website, including, but not limited to, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other materials, in any format, published on the Website, including menus, web pages, graphics, colours, schemes, tools, characters and the design of the Website, diagrams, layouts, methods, processes, functions and software that are part of the Website (collectively known as the “Contents”), are protected by copyright and by any other intellectual property right belonging to DAINESE and other holders of rights. The reproduction, in whole or in part, of the Website and/or its Contents, in any form, is prohibited, without the express permission in writing of DAINESE. Making changes to the materials on the Website, making copies, reproduction, publication, distribution or use for commercial purposes, or on any other website or computer network is prohibited. DAINESE and its authorised parties reserve all intellectual property rights including those not expressly provided for in these Terms of Use.
Trademarks and Domain Names: All other distinguishing features of the products sold on the Website are the registered trademarks of their respective owners and are used on the Website for the sole purpose of distinguishing, describing and advertising the products for sale on the Website. DAINESE and all other owners of registered trademarks have the right to the exclusive use of the trademarks of the respective owners. Any unauthorised or unlawful use of these trademarks is prohibited and shall entail serious legal consequences. In no way is it permitted to use these trademarks or any other distinguishing feature contained on the Website, take unfair advantage of the distinctive character or the reputation of these trademarks, or cause damage to them and their owners.
Database Protection: The structure of the Website contains a complex of databases, which, with its selection and layout of materials, represents a creation covered by the intellectual property rights of DAINESE, or any third-party company that has granted permission to DAINESE. Therefore, the structure of the Website is protected under Law no. 633 of 22/04/1941 on “COPYRIGHT”.
User Communication: It is prohibited to transmit to the Website any illegal, threatening, defamatory, obscene or pornographic material or any other material that violates any applicable law, or to deposit such material on the Website or in any database that can be accessed from it.
Privacy Policy: DAINESE shall process the user’s personal data in compliance with the provisions of Legislative Decree no. 196/2003 and with the provisions given in the Privacy section. The Privacy policy also applies whenever the user accesses the Website and uses the related services but does not purchase any products.
Links: The creation of links to the Website is permitted subject to the following conditions: although a link can be established to the Website following authorisation by DAINESE, in each case, the material contained therein cannot be copied for commercial purposes. No browser frameworks or panels may be created around the content of the Website (framing). Linking, only permitted when authorised by DAINESE, does not directly or indirectly imply the existence of any form of authorisation or approval by DAINESE with regard to products or services provided by third party companies. No relationship of any kind with Dainese must be expressed or implied. No false information must be presented concerning DAINESE products and services. The use of the DAINESE logo and registered trademarks is prohibited without the express authorisation of DAINESE. The link must not contain or lead to any material that might be considered in bad taste, offensive or controversial. It must be made suitable for viewing by users of all ages. Linking must always be performed exclusively to the Home Page of the Website, and prior written authorisation from DAINESE is required for links to other pages of the Website. The origin of the link must not be made using the DAINESE name, logo or any other distinguishing feature unless expressly authorised and governed by a special licence agreement with DAINESE.
Links to Other Websites: Any links to the websites of third party companies on the Website are provided solely for user convenience. Connection to such links implies leaving the Website. DAINESE has not checked the websites of linked third party companies, do not check them, and are not responsible for them or their content. Therefore, DAINESE disclaims all liability for these websites, for any information, software, function, product or material contained therein, and for any outcome that may ensue from their use thereof. Whenever a user decides to access any website belonging to third party companies linked to the Website, it therefore remains understood that it shall be done under the user’s sole responsibility and at the user’s own risk.
Website Security: The user is prohibited from violating or trying to violate the security functions of the Website, for example, by (1) accessing data not intended for the user or by logging into servers or accounts that the user is not authorised to access; (2) attempting to probe, examine or test the vulnerability of the system or a network or violating the security or authentication procedures, unless expressly authorised to do so by DAINESE; (3) attempting to interfere with the service offered to users, host computers or networks, for example, by spreading viruses on the Website, overloading the system, transmitting large amounts of data, etc. By using the Website, the user accepts, under this agreement, to refrain from using any device, software, tool, agent or other mechanism (including browsers, spiders, robots, avatars or artificial intelligent agents) other than the search engines and other means available on the Website and the web browsers normally used (e.g. Microsoft Explorer, Opera, Google Chrome, Mozilla Firefox, Safari) to visit or interact with the Website.
Applicable Law: The Website services are designed and intended for users resident in Italy, therefore DAINESE disclaims all liability whenever the materials on its Website are used outside Italian territory. Access to this Website from countries other than Italy is at the risk and peril of the user, who assumes all liability arising from the application or applicability of the law of the country of use (to which the user agrees to comply). The Disclaimer & Terms of Use are subject to the provisions of Italian law. Any disputes arising from this Disclaimer & Terms of Use shall be exclusively settled by the Court of Vicenza.
