1. Definitions.

“Ducati” means Ducati Motor Holding S.p.A. - Sole Shareholder Company – Company subject to the Management and Coordination activity of AUDI AG, with registered office in Via Cavalieri Ducati, No 3, Bologna, Italy (VAT number 05113870967, Chamber of Commerce of Bologna Business Register No BO-473213, tel. +39-051-6413111, email: mediahouse@ducati.com). “Website” means the website www.mediahouse.ducati.com managed by Ducati and registered in its name. “User” or “You” means the full-time professional journalist or contributor, the blogger, the influencer or any other subject intending to use the Website only for the editorial purposes of the press or of digital media. The Website is only dedicated and reserved to these categories of subjects. “Parties” means the User and Ducati. “Services” means the services and the contents provided to the User through the Website, according to the following terms and general conditions of contract. The User is kindly requested to carefully and fully read the present contract, containing the general conditions of contract applied to the utilization of the Website (hereinafter “Terms of use”). The full acceptance of the Terms of use is an essential condition to proceed with the registration on the Website and to access the Services offered by Ducati through the Website.

2. Object.

This agreement contains the general conditions applicable to the User and concerning the utilization of the Website and of its Services, to the User’s responsibilities and, together with other aspects, to the liability limits of Ducati. The Services are provided to the User subject to registration on the Website that will have to be accepted by Ducati (please see art. 10 below) and consist: - in the possibility to gain access (i) to exclusive materials of Ducati (photographs, videos and other documents), current and on record, and to use them based on and within the limits of what provided for in the present Terms of use, (ii) to the contacts and representatives of the press office, (iii) to any other information, content or service existing in the Website; - upon his/her request, in the periodic information service on the world and on the initiatives of Ducati, with the possibility for the User to receive, at the e-mail address indicated upon registration, the press releases of Ducati and Ducati Corse based on the selection of the areas of interest and on further indications by the User (expressed upon the first login and subsequently modifiable anytime by the User him/herself by entering the reserved area section of the Website dedicated to the management of his/her profile). The User can decide to stop the e-mailing of press releases by using the special link at the foot of any press release received by e-mail or accessing anytime the reserved area section of the Website dedicated to the management of his/her profile; - in the service of management of the events organized or promoted by Ducati; - in the other personalized press services present on the Website, such as sending of press material, invitation to press events and other activities related to editorial purposes. Registration and access to the Services are offered by Ducati free of charge, unless expressly indicated to the contrary, subject to the acceptance by the User of the present general conditions of contract. The expenses necessary for the computer configuration and the installation of the software for the connection to the network, as well as the expenses necessary for the Internet connection, according to the tariffs applied by the provider chosen by the User, will be borne solely by the User. Prerequisites for the acceptance of the present general conditions of contract are legal capacity, legal age (18 years) and that the User is not a “consumer” (i.e. a “natural person acting for purposes unrelated to the entrepreneurial, commercial, artisan or professional activity carried out”) under art. 3 of Legislative decree 206/2005.

3. Processing of the User’s personal data.

The User acknowledges and accepts that the personal data provided will be registered and utilized by Ducati in full compliance with the regulations of the Italian Law in force (Legislative decree 196/2003 – Personal data protection code), for the completion of the Website registration contract, according to what indicated in the proper Privacy information notice provided to the User through the Website, to which the User is referred for more detailed information on the processing of personal data. The User declares and guarantees that the data provided to Ducati during the registration process are correct and true. The personal data necessary for registration on the Website is collected directly by the User, except in the case in which the User himself uses the registration function through the following social networks: Linkedin, Google. With the Linkedin (trademark owned by Linkedin Corp.) or Google (trademark owned by Google Inc.) accounts it will, in fact, be possible to register on the Website. In case of use of this feature, Ducati will only collect through Linkedin the following information on the User: name, surname, country, email address, company, job title; Ducati will only collect through Google the following information on the User: name, surname, country, email address. Any further personal information automatically sent by the social networks at the time of the association is not memorized by Ducati. The log files in question, stored solely for technical purposes, are deleted on a monthly basis. The association of the Linkedin / Google profile with the Website will result on the relevant account of the User on social networks, to whose specific privacy policy we refer you for any further details (https://www.linkedin.com/legal/privacy-policy?trk=uno-reg-guest-home-privacy-policy e https://www.google.com/intl/it/policies/privacy/). Ducati does not send any information about the User to the aforementioned social networks in case of association. The User can anytime update and/or modify his/her personal data through the reserved area section of the Website dedicated to the management of the User’s profile, accessible upon login (information authentication). In order to enable the activation of specific functions, in some cases the Website can use the so called cookies. The User can, on his own accord, be informed on the use or prevent the use of such instruments by modifying the options concerning his/her browser. For further information on the use of cookies, please refer to the Informative report on Cookies policy. While the User browses and uses the Website, some information associable to the User (for example date and time of the activities carried out on the operating system, materials downloaded) might be recorded in the so called log files of the Website: such information will only be used in case of breach by the User of the present terms and conditions of use or in order to prosecute any abuse or breach of law.

4. Modification, discontinuance and interruption of Services and cancellation clause.

Ducati reserves the right to modify the features of the Services, without giving any notice to the User. Ducati reserves the right to discontinue or interrupt the Services anytime (temporarily or definitively), at its full discretion and without giving any notice to the User, disclaiming all responsibility towards the User. Ducati reserves the right to discontinue the access to and the supply of the Services, to rescind the present agreement and to cancel the registration of the individual User in the following cases: a) in the event that the User violates the present general conditions of contract; b) in the event that the User utilizes the Services for illegal purposes or in violation of the rights of Ducati or of third parties or for any other activity against the law.

5. Limitations of liability.

Within the limits allowed by the law, Ducati disclaims all responsibility for the consequences deriving from possible malfunctionings of the Website and/or for the damages that might derive from them, both towards the User and towards third parties, if any. The use of the Services is completely at User’s risk. The Services are accessible without guarantees of any kind, both explicit and implicit. No guarantee is provided regarding: a) the results reachable through the use of the Website, or b) the accuracy, reliability or quality of the contents supplied or made available through the Website. Under no circumstances will Ducati be responsible towards the User, towards subjects directly or indirectly connected to the User him/herself and towards third parties for damages, losses and costs met as a result of discontinuances or interruptions of the Services due to force majeure or to a fortuitous event. In addition to that, Ducati will not be held responsible in case of delays, malfunctionings and breakdown of Services caused by: a) periodic and/or extraordinary maintenance and/or updating interventions on its information infrastructures, b) incorrect use of the Services by the User, c) malfunctioning of the instruments utilized by the User, d) complete or partial interruption of the Internet access service owing to the telecommunications provider chosen by the User. By reason of the technical limitations relating to the protection of electronic communications via the Internet, Ducati does not guarantee that the information or data supplied by the User through the Website are not accessible by unauthorized third parties. The information contained in the Website are subject to periodic changes and Ducati can anytime make improvements in and/or carry out modifications to the Website and/or the Services offered.

6. Access to the Services. Confidentiality of e-mail and password.

Access to the Services occurs through an information authentication procedure (login) based on the combined use of an e-mail address (email) and a keyword (password) chosen by the User, to be considered strictly confidential and non-transferable. Ducati asks the User for his/her e-mail address for purposes of univocal identification of the User him/herself. The User states to be informed of the fact that the knowledge of such data by third parties would allow them to use the Services in his/her name. Therefore the User is bound to keep his/her e-mail address and password with the utmost diligence and secrecy, committing him/herself right away to indemnify and keep Ducati unimpaired regarding any action, claim or request, also of damage compensation, directly or indirectly deriving from the use or abuse of his/her e-mail address and password by anyone. The User commits him/herself to carefully keep his/her e-mail address and password and to inform Ducati in due time, via e-mail to the address mediahouse@ducati.com, of any theft, mislaying, or loss incurred, or illicit use of his/her authentication credentials. The User will be responsible for facts and/or damages incurred by Ducati and/or by third parties as a consequence of the violation of the above mentioned obligations. The Website uses the so called SSO (“Single Sign On”) technology, thanks to which the User can access, with the authentication credentials utilized in the Website, all other Ducati operating systems supporting this technology. In any case the present general conditions of contract do not extend to these other Ducati websites; therefore the User is kindly requested, before carrying out any activity on these other Ducati websites and also if it is the Website itself to refer the User to them, to carefully read and approve the terms and conditions of use specifically determined for each of them.

7. Protection of intellectual and industrial property. User’s obligations.

The User shall utilize the Services solely in compliance with the present terms and conditions of use. The User acknowledges that all contents existing in the Website (including but not limited to: brands, information, data, photographs, texts, graphics, videos, images, icons) are the exclusive proprietorship of Ducati and/or third parties and are protected by copyright or other regulations on the subject of intellectual property. The User can utilize such contents solely for purposes related to the editorial use of the press or of digital media. The User commits him/herself not to reproduce, duplicate, copy or distribute the contents of the Services in any form for direct or indirect commercial purposes, not directly related to editorial activities. All Services are offered exclusively to allow Users to carry out lawful activities for press or editorial uses. Any other use will have to be authorized in writing by Ducati: in case the User is interested in utilizing the Services for purposes other than the editorial ones can contact Ducati through the following e-mail address: contact_us@ducati.com. The User commits him/herself not to use the Website and the Services for illicit activities or activities that infringe the law in any way. The User takes any responsibility for his/her own activity carried out through the Services and, with reference to it, commits him/herself to keep Ducati unimpaired by any claim or action that might be initiated against Ducati by third parties.

8. Registered trademarks.

Ducati is the exclusive holder of all rights on Ducati registered trademarks and logos present in the Website. The trademarks and logos of third parties that might be present in the Website are the exclusive property of the respective owners. The trademarks owned by Ducati or by third parties present in the Services can be reproduced only within the activities permitted by the present Terms of use.

9. Sections and contents provided by third parties.

The Website might contain sections, articles and more at large materials edited or provided by third parties other than Ducati and might also refer, through links, to other websites managed by third parties other than Ducati. Ducati does not take on any responsibility concerning the legitimacy, truthfulness, completeness or any other characteristic related to what reported or contained in such materials or sections of the Website or in other such sites. The responsibility for the contents of this material or sections of the Website or of other such sites, including ownership and legitimacy concerning the use of text, images, photographs, video clips and so on, is only of the indicated third party, to whom possible complaints will have to be filed.

10. Acceptance of the conditions concerning the Services and conclusion of contract.

The use of the Services entails the full acceptance by the User of these Terms of use. The Terms of use are brought to the attention of the User during the registration procedure on the Website; the User may register with the Website via his/her email address or with his/her own authentication credentials of the following social networks: Linkedin, Google. The User will be sent an e-mail of confirmation of the present Terms of use, in order to verify the address input during the registration request; the User will have to confirm his/her registration request by clicking on the link contained in the e-mail sent to his/her address. The registration request will be subject to approval by Ducati: the registration can be considered completed (and the present contract stipulated) only when Ducati accepts the request, after carrying out the checks aimed at verifying that the User actually belongs to one of the categories of subjects to whom the access to the Website is reserved. The User shall be informed on the outcome of his/her registration request via e-mail.

11. Duration of contract and withdrawal.

Without prejudice to the previous art. 4, the present contract will be effective between the Parties as from the date of the e-mail informing the User that Ducati accepts his/her registration request, until one of the Parties, for any reason, recedes from the contract by giving notice of it to the other Party. The User can recede anytime from the present contract by giving notice of it via e-mail to the following Ducati address: mediahouse@ducati.com. Ducati will take steps for the User’s cancellation within [120] hours of receipt of the cancellation request.

12. Settlement of disputes and Court of jurisdiction.

For all disputes that might arise in regard to the interpretation, execution and validity of the present general conditions of contract, the Court of Bologna, Italy, will be the only Court of Jurisdiction.

13. Validity of the clauses.

Should a clause or part of a clause of the present general conditions be considered invalid because in contrast to or against a law regulation, all other clauses or parts of the same clause shall remain fully valid and effective.

14. Language

The present general conditions of contract are written in Italian and in English. In case of any discrepancy between the texts in the two languages or of doubts on their interpretation, the text in the Italian language will prevail.

15. Applicable law.

The present terms and conditions shall be ruled and interpreted in accordance with the laws of the Italian State. As regards anything not expressly provided for in this agreement, the provisions of the Italian law apply.