GENERAL TERMS AND CONDITIONS
Luna Rossa Challenge 2013 S.r.l.
Registered office: via Genova 5/a, 58100 Grosseto, Italy telephone +39.0564.455699
Capital Stock: Eur 10.000,00 fully paid in
Tax Code and Trade and Companies Register of Grosseto No 01500090533
TERMS AND CONDITIONS OF USE
Welcome to the www.lunarossachallenge.com web site (hereinafter the “Web Site”). The following terms and conditions of use govern your use of the Web Site. By entering this Web Site, you unconditionally consent to the following Terms and Conditions of Use, which can be modified by Luna Rossa Challenge 2013 S.r.l. at its sole discretion, at any time and without notice. The Terms and Conditions of Use include but are not limited to any others agreements and policies incorporated by reference herein (collectively “Terms and Conditions of Use”)
INTELLECTUAL PROPERTY RIGHTS
This Web Site is owned and registered by Prada S.A., a company duly organized and existing under the laws of Luxembourg, with registered office at 23 rue Aldringen, L-1118 Luxembourg.
The Luna Rossa and America’s Cup trademarks are respectively owned and registered by Prada S.A. and America’s Cup Properties, Inc., a New York corporation having its principal place of business at Golden Club Yacht Club, 1 Yacht Road, San Francisco, California 94213, USA.
This Web Site is maintained by Luna Rossa Challenge 2013 S.r.l., an Italian corporation having its registered office at via Genova 5/a, 58100 Grosseto, Italy (hereinafter the “Luna Rossa Challenge”).
All trademarks, logos, whether registered or not, displayed on the Web Site, including, but not limited to, the Luna Rossa andAmerica’s Cup trademarks are and will remain of the exclusive property of the respective owners. The trademarks Luna Rossa and America’s Cup may not be used in connection with any service or product that does not originate from their respective owners or from other companies expressively authorized by them. You acknowledge and agree that the Web Site and all content included therein, including, but not limited to, all text, information, data, images, icons, photographs, illustrations, multimedia (graphic, audio and video), charts, indices, reports, data, software, HTML code and screens contained therein and the like (collectively the “Content”), are and will remain of the property of their owners and are protected by international intellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral
rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction worldwide.
Subject to these Terms and Conditions of Use, and except as otherwise indicated on the Web Site, you may use, access, download, copy, store, manipulate, reformat, print or display any Content to which you have authorized access solely for your own personal use. You may not otherwise download, copy, store, manipulate, reformat, print, display, publish, transmit, distribute, create a derivative work from, resell or make any other use of the Web Site and/or any Content contained therein. No right, title and/or interest in any Content may be deemed assigned to you as a result of any such download or copying. You agree to maintain and abide by all copyright or trademark rights notices and other notices contained on the Web Site and in the Content.
The Web Site is provided to you strictly on an “as is” basis, without warranties of any kind, either express or implied, statutory or otherwise. No written information given by Luna Rossa Challenge, or by the Web Site’s owner, shall create any warranty.
In no event, shall Luna Rossa Challenge, or the Web Site’s owner, or any of their respective affiliates, and theirs officers, directors, shareholders, employees, agents, representatives or licensors or successors or assignees, be liable hereunder, under any theory of liability whatsoever (including, but not limited to, negligence and strict liability) for any direct, indirect, incidental, special, punitive or consequential damages or for loss of profits, revenue, data or programming, (whether in an action of contract, tort, product liability, statute or otherwise - even if Luna Rossa Challenge has been advised of the possibility of such damages) arising out of:
- (a) your use of the Web Site, including, but not limited to, any loss or damage caused by any reliance on, or any delays, inaccuracies, errors or omissions in, any information accessed on or through the Web Site;
- (b) any transaction entered into through or from the Web Site;
- (c) your inability to use the Web Site for whatever reason, including, but not limited to, communication failure or any other failure with transmission or delivery of any information accessed on or though the Web Site;
- (d) the deletion, correction, destruction, damage, loss or failure to store any information;
- (e) the use of any products or services obtained on or through the Web Site;
- (f) unauthorized access to the Web Site and unauthorized alteration to transmissions or data;
- (g) statements or conduct of any third party on the Web Site;
- (h) any other matter relating to the Web Site.
Any reference to any service or product which has been or may be provided by Luna Rossa Challenge or any of its affiliates does not amount to a promise that such service or product will be available at any time. Changes to or improvements in such services or products may be made at any time without notice. Luna Rossa Challenge takes all possible steps to ensure the accuracy and timeliness of the information included on this Web Site but cannot absolutely guarantee the accuracy, completeness or timeliness of the information provided on this Web Site. However, Luna Rossa Challenge reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice. You agree that Luna Rossa Challenge shall not be liable to you or any third party for any modification, suspension or discontinuance of the Web Site.
Cookies are used in the Website to ensure its efficient functioning and to improve our service. Cookies are small text files sent to the user's computer (usually to the user's browser) by visited websites; they are stored in the user's computer to be then re-transmitted to the web sites on the user's subsequent visits to those web sites. Luna Rossa Challenge uses temporary session cookies that are automatically deleted after each visit and permanent cookies that are stored on the user's hard disk until they are deleted. Cookies are used to improve website navigation and collect information in an anonymous form about how users use the Website. This information allows us to make improvements and updates to enhance your www.lunarossachallenge.com experience; we never save passwords or personally identifiable information in cookies. Most browsers are initially set to accept cookies. You can at any time reset your browser to reject all cookies or to notify you when a new cookie is being sent. However, rejecting cookies may prevent you from using certain functions of the Website.
COLLECTING DATA AND PRIVACY RIGHTS
Luna Rossa Challenge understands that maintaining the confidentiality, integrity and security of its users’ non-public, personally identifiable information (“Personal Data”) is important to its users.
In general, you can access and browse the Web Site without providing Personal Data. However, there may be times when Luna Rossa Challenge will request Personal Data from you in order that you may participate in the Web Site’s services, activities or features.
For the purpose of using these areas of the Web Site, you agree to provide true, accurate, current and complete information about yourself as requested. By submitting a registration form, you represent and warrant that:
- (a) you are 18 years of age or over, or the age of majority in the state or province in which you reside;
- (b) you are registering on behalf of yourself or an entity you have identified in the registration form and you are authorized to bind that entity;
- (c) the information that you provide on the registration form is true, current, complete, and accurate;
- (e) you will comply with these Terms and Conditions of Use.
You may at any moment exercise your rights pursuant to applicable Italian laws on personal data protection (section 7 of the Italian Legislative Decree 196 of 06/30/2003) including the right to obtain confirmation about the existence of your personal data at Luna Rossa Challenge, and to know their source and to obtain their integration, updating, rectification, cancellation, anonymization, blocking for law infringement or to object to their processing on legitimate grounds, as well as obtain a list of data processors and of third parties to which the data is disclosed, writing to Luna Rossa Challenge 2013 S.r.l., via Genova 5/a - 58100 Grosseto, Italy or to the email address email@example.com.
LINKS TO OTHER WEB SITES
This Web Site may contain links to web sites owned by third parties. These web sites may have their own terms and conditions, or no terms and conditions at all. Luna Rossa Challenge has no
responsibility for those web sites and provides these links solely for the convenience of our visitors. Such links may be to advertisers, content providers or other companies which may use our logo and/or style as a result of a co-branding agreement. These web sites may send their own cookies to you and may collect information and use the same in a way inconsistent with www.lunarossachallenge.com Terms and Conditions of use. Furthermore, Luna Rossa Challenge cannot control these web sites and/or external sources. Hence, Luna Rossa Challenge, and so the Web Site’s owner, cannot be held responsible for those sites or external sources, and decline any responsibility for the content, advertising, products, services and any other material available on or branching off those web sites and external sources. In addition, Luna Rossa Challenge and the Web Site’s owner cannot be held responsible for any damage or losses, true or alleged, deriving from the use or from having trusted the content, or goods and services available on those sites or external sources.
Transmission of data over the Internet is never guaranteed to be completely secure. It is possible that third parties, not under the control of Luna Rossa Challenge, may be able to access or intercept transmissions or private communications without Luna Rossa Challenge's permission or knowledge. Luna Rossa Challenge takes all steps possible to protect your personal information. However, we cannot ensure or warrant the security of any information you transmit to us. Such transmissions are done at your own risk.
ACCEPTANCE OF TERMS AND CONDITIONS OF USE
You represent and warrant that:
- (a) you have the power and authority to enter into this agreement;
- (b) your use of the Web Site will comply with these Terms and Conditions of Use.
You agree to indemnify and hold harmless, and at Luna Rossa Challenge’s option, defend Luna Rossa Challenge, and any of its affiliates, and their respective officers, directors, partners, members, managers, shareholders, employees, agents, representatives and licensors and successors or assignees from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to or arising out of any breach of these Terms and Conditions of Use or any use of the Web Site by you.
GOVERNING LAW; JURISDICTION
You agree that by entering this Web Site you accept the Italian law. These Terms and Conditions of Use shall be governed by and construed in accordance with the Italian laws and any action arising out or relating to these Terms and Conditions of Use shall be subject to the exclusive jurisdiction of the Courts of Grosseto, Italy. It remains understood that, with respect to the proper interpretation of these Terms and Conditions of Use, in case of any discrepancy between the original Italian text and its translation in any other language, the original Italian text shall be deemed the binding version.
© Copyright Luna Rossa Challenge 2013 srl Last updated July 3rd, 2013