I) GENERAL CONDITIONS OF USE
1. Preliminary information
The present document is providing the General Conditions of Use of the website published at www.ferrari.com (hereinafter respectively the “General Conditions” and the “Site”), to which anyone wishing to navigate on the Site should comply.
The access to the Site and every activity that implies the navigation on the corresponding web pages constitutes full acceptance of the General Conditions.
If the User does not intent to accept the General Conditions, he/she must abstain from navigating on the pages of the Site.
Everyone accessing the Site implicitly declares that he/she shall not use the Site and all its material for unlawful use or in any case for any use contrary to the applicable laws.
The General Conditions may be modified by Ferrari S.p.A., without giving any notice to the Users, which are in any case bound to read the conditions periodically before the access to contents of the Site. The access to the Site after these modifications implies the full and unconditional acceptance of the General Conditions modified in such a way.
Whereas in the pages of the Site are offered products and services or presented contents subject to special terms and conditions as described in such pages, these special conditions will prevail on the present General Conditions.
2. Content of the Site.
The official Ferrari S.p.A. web site www.ferrari.com is an instrument of information and entertainment of Ferrari’s main events; the Site has the purpose of providing a wide range of promotional and commercial activities of Ferrari S.p.A., of products and services offered and on the corresponding ways to take advantage of it.
All the contents of the Site (news, photos, video files, audio files, trademarks, logos, domain names, software, graphic layout, technical certification and User manuals, etc) and the corresponding rights are hereby expressly reserved and for this reason all the material can be consulted only for personal use, being expressly forbidden any other use without the express prior written permission of Ferrari S.p.A.
What the Site offers
3. Copyright and other intellectual property rights.
All the content of the Site is subject and protected by the applicable copyright and intellectual property laws.
Reproduction, transmission or extraction, in whole or in part of any material contained within the Site is strictly prohibited and it is also prohibited any other activity which may damage the legitimate interest of the author and /or the other owners of rights upon the contents of the Site.
The Site and all its content can be used exclusively for personal, research or educational purposes, with the prohibition of any direct or indirect commercial use, provided that the rights owner are duly quoted and no modification will take place on such contents.
As an example for the content of the Site is intended (including but not limited to) the following:
- Graphs and spreadsheet;
- Audio reproductions;
- Drawings (animated or not);
- Any other graphic and /or textual representation.
It’s not allowed to copy and/or to reproduce in whole or in a part the content of the Site without the express authorization of Ferrari S.p.A. .
At the same time, Ferrari Spa is the sole owner of all the trademarks, domain names, company names and signs present on the Site, which are protected by the applicable intellectual property laws. In the light of above any sort of reproduction in whatever shape or way without the express prior authorization of Ferrari S.p.A. of the above mentioned contents is strictly forbidden and at the same time is also prohibited the registration of the trademark “FERRARI” in any top level domain.
The User is also informed that some pages on the Site may also contain third parties trademarks, domain names, company names cooperating with Ferrari S.p.A. and to which is granted the same protection of the distinctive signs of Ferrari S.p.A. pursuant to the applicable intellectual property laws.
Ferrari S.p.A. informs that is strictly forbidden any use of all the distinctive signs of Ferrari S.p.A., as metatags and/or each html language command which, even if not implying the displaying or the formatting of a certain command, provides in any case instructions to electronic agents or to search engines in order to reach – in an easier way – a website different from one of Ferrari S.p.A.
4. How to use the Site.
Ferrari S.p.A. informs that the content of the Site cannot be, in whole or in a part, copied, reproduced, re-published, loaded, transmitted or distributed, in whatever way or shape, without a prior written authorization of Ferrari S.p.A., being excluded the activities of printing, downloading and displaying part of the Site’s content made for a personal exclusive use and not for commercial use, provided that all the material will not be in any way modified and that all the intellectual property information will be maintained as they appear on the Site. Moreover, the content of the site cannot be made available, in whole or in a part, through means of communications, i.e. Internet, video systems, radio waves or any other instrument without a prior written authorization of Ferrari S.p.A.
In addition, the information and materials contained on the site cannot be used for commercial purposes in order to create any sort of database resource and cannot be stored ( in whole or in a part) in previous databases, to which is possible to access both for the creator and for third parties.
5. Linking and framing.
Without a prior written authorization of Ferrari S.p.A., it is prohibited the creation of links to the first page of the Site (hereinafter also the “Home Page”) as currently published at http://www.ferrari.com or to other internal pages of the Site.
In any case, if any User or any third party wish to create on their website a link to the Site, they shall send an email to firstname.lastname@example.org indicating: a) all data of the designed technical contact person where you want to insert the link to the home page ( including the email address and the telephone number); b) all data of the requesting company; c) the web address where the link will be created; d) every further useful information in order to obtain the authorization of Ferrari S.p.A.
Ferrari S.p.A. expressly bans any specific link which redirects any User or any third party to an internal page of the Site without passing through the Home Page (“deep linking”) and any automatic link (“inline linking”) which allows the User the automatic display in a specific space of images made available at the Site.
Ferrari S.p.A. expressly ban the link-frames (“framing”), which permits to a page of the Site to appear in a specific page of another site and in addition to this effect the content of the page will appear in a frame constructed for this purpose.
The violation of the provisions of this article constitutes an illegal conduct also in respect of the unfair competition laws in force.
6. Exclusion of warranty and limitation of liability.
All the content published on the Site are provided for the sole purpose of general information. Ferrari S.p.A. does not provide any warranty on its accuracy and completeness and reserves the right to modify and refresh such information without giving any notice to the user.
Ferrari S.p.A. will not be held responsible for any and all damage, direct and indirect including the loss of profit due to the use or the impossibility of the use of the Site and of its contents or web sites directly or indirectly linked and for any omission or mistake.
Whenever a clause of the present General Conditions will be considered illegal, null or for any other reason ineffective, such a clause will be held separate from other clauses, without mining the validity and the effectiveness of the remaining clauses.
8. Applicable law and Jurisdiction.
Without any limits to any different rights that the Users should be entitled to according to any national and international rules and regulations, the General Conditions will be subject and interpreted according to Italian Law (with an exception for the rules on conflicts of law), including any dispute about the existence, validity, effectiveness of the General Conditions and of any other related agreement.
Provided all the above, any dispute that may arise in connection to the General Conditions and to any related agreement, will be subject to the exclusive jurisdiction of the Court Modena ( Italy).
By virtue of the application of Italian law, in the event of any conflict of interpretation between the English version and the Italian version of these General Conditions, the Italian version will prevail.
9. Information about the Company.
Legal headquarter and factory: Via Abetone Inferiore n. 4, I-41053 Maranello ( MO)
Phone +39 0536.94911 email: email@example.com
Head office: Via Emilia est 1163 P.O. Box 589 I-41100 Modena
Society Capital: € 20.260.000 VAT paid
Number of Modena’s register R.E.A. Modena: 88683
Direction and Coordination: Fiat SpA
II) Code of Conduct of the Scuderia Ferrari Club Community members.
Scuderia Ferrari Club is a on-line Community dedicated to Ferrari fans who choose the web as an instrument to share a common passion and to communicate between each others.
1. Conditions to have access to the Community and available services.
The Community Scuderia Ferrari Club (hereinafter “SFC”) as a virtual club of Ferrari fans provides for two different types of registered Users: Ferrari Guest and Ferrari Member.
To become a Ferrari Guest of the online Community SFC, the User shall provide his/her personal data by filling in the online form on the Site.
Once the User has successfully completed the registration procedure, and upon receipt of the access credentials via email to the electronic address provided during the registration, the Ferrari Guest will be able to freely access to the following services:
a) the complete catalogue of contents of SFC;
b) view a selection of the images, screensavers, wallpaper for the PC and some of the exclusive videos made by SFC;
c) be informed on all the events of SFC;
d) have access but through the read-only feature i.e. without the possibility of interaction on the topics covered in the forum and blog of SFC.
To become a Ferrari Member of the online Community SFC, the User shall provide his/her personal data by filling in the online form on the Site as well as pay the annual registration fee of 40 Euros in the manner provided by Ferrari SpA and described in detail on the Site.
Once the User has successfully completed the registration procedure, and upon receipt of the access credentials via email to the electronic address provided during the registration, the Ferrari Guest will be able to access to the following services:
a) watch all the exclusive videos made by SFC;
b) download all the screensavers and wallpaper available on the Site;
c) watch also all the other interactive content;
d) actively interact in blogs and forums;
e) download photos of products and Formula 1 racing (to be used in the manner and in compliance with art. 3 of the General Conditions of Use of the Site);
f) send virtual postcards;
g) receive the periodic newsletter dedicated to all Ferrari Members, which contains information on all the latest news from the SFC;
h) participate – at the discretion of Ferrari SpA and in a limited number – of events dedicated to the SFC;
i) create, – at the discretion of Ferrari SpA and in a limited number – a team of “Scuderia Ferrari box” and build a soap box car;
j) enjoy a 10% discount on products for sale on the Ferrari Store Site.
The registration and access to the services listed above is valid for one year after registration and it is not renewed automatically after expiration, unless renewal is requested in the manner published on the Site by Ferrari SpA.
In order to guarantee the proper utilization of all services listed above, the personal data provided during registration procedure must be correct and accurate and therefore Users (both Ferrari Guest and Ferrari Member) are required to update them in case of variation.
2. Right to opting out for Ferrari Guests.
Ferrari Guests of the SFC may request the cancellation of his / her
Registration, pursuant to art. 65 paragraph 2 b) of Act 206/2005 (“Consumer Code”).
The notice of cancellation of Registration must be submitted in written form – pursuant to the art. 64 paragraph 2 of the Consumer Code – by registered letter with acknowledgment of receipt at the headquarters of Ferrari SpA (Via Emilia est 1163 PO Box 5891- 41100 Modena, Italy).
The cancellation will result in the termination of all services available to Ferrari Guests.
Ferrari Guests wishing also the deletion of the personal information provided during Registration will be required to submit, as provided by art. 8.1 of Act n. 196/2003, a notice to the holders of the personal data indicated in the section “Personal data”, accessible on the Site.
3. Exclusion of the Right to opting out for Ferrari Members.
Ferrari Members do not have the right to request cancellation of Registration provided by Art. 64 and following of the Consumer Code, since the contract concluded by Ferrari Members with Ferrari SpA at Registration, in the manner described above, relates to the provision of services
related to leisure, provided by Article. 55 paragraph 1 letter b) of the Consumer Code.
4. Respect of the “netiquette” rules and behaviour of the users.
The Users bind themselves to respect the general principles of behaviour on the web commonly known as “netiquette”.
Access to the SFC implies the previous knowledge and acceptance of the General Conditions of Use and the Code of Conduct of the SFC Community.
During the activities and events organised by the Community SFC, Users shall maintain a correct and respectful behaviour among each others and toward the representatives of the Community.
The User Ferrari Member is the sole responsible of all the information and messages posted on the SFC forum and blog and of all the possible infringements in this respect. Each message reflects exclusively the author’s point of view. The User agrees not to send material and/or messages unauthorized, obscene, gross, denigrating, rancorous, threatening or in any case unlawful, contrary to public order or to decency according to the laws in force.
The User agrees not to use this service as an instrument to spread undesired advertising messages (spam) and useless information (junk). It’s also prohibited the insertion of special encoded messages created with the purpose to cause a damage on the forum’ s structure or on the web site.
Disregarding the rules above mentioned will cause the instantaneous banning from the forums or blogs, subject to the discretionary power of the moderator and/or the administrator of the forums and blog. The specific task of the moderator consists in stating the moment when the limits are transgressed and to act as a consequence.
5. New Services provided by SFC and final dispositions.
The provision of services and content to Ferrari Guests and Ferrari Members is exclusively the one specified in Article 1 of this Code of Conduct of Members of the SFC. Any new developments of offering will be announced by Ferrari SpA to the Users of the SFC only through the official channels of the Site.
The SFC Community is developed using the Web 2.0 technology standards, the latest and extreme evolution of the web navigation.
Any activity or initiative undertaken by the registered users of SFC, shall not be binding, in any way whatsoever upon the administrators of the Community and/or Ferrari S.p.A. and/or Scuderia Ferrari Club S.c.a.r.l.
Members can send requests, complaints and suggestions trough the Community’s official channels (Customer Service); the Community’s operators are not held to reply to any messages sent through any other channels, except in the case of a different notice from the Administrator of the Site.