- PGA’S SERVICES
- Processing of information : We take your privacy concerns seriously and use all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unauthorized third parties. Nonetheless, we cannot guarantee that the information or data viewed by you on the Sites, will not be accessible or viewable by unauthorized third parties.
- AVAILABILITY IN DIFFERENT GEOGRAPHICAL AREAS
The PGA Sites can be accessed from all over the world. However, the Services will be available only in USA through its network of authorized Dealers indicated in the Sites. You are responsible for your accounts and the acts of others using or accessing your Accounts. You must immediately notify PGA of any unauthorized use of your Account or any breach of security.
The Services include our proprietary content and the licensed content of others, which may include: data, text, photographs, videos, audio clips, written posts and comments, logos, button icons, data compilations, software, scripts, graphics, illustrations, interfaces, GUI and interactive features, as well as other resources (such as FAQs, articles, or support services), and all related documentation, know-how, specifications, materials, designs, and the “look and feel” of the Services (collectively, the “Content”).
- INTELLECTUAL PROPERTY
PGA’s trademarks include, without limitation, “PIAGGIO”, “VESPA” “MOTO GUZZI” “APRILIA”. All of the intellectual property rights (including, without limitation, inventions, patents and patent applications, trademarks and trademark applications, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered) in or to the Services and the Content are owned by and/or licensed to Piaggio & CGA and are protected by applicable copyright and other intellectual property laws.
Among other restrictions set forth in these Terms, or which we may provide from time to time please take note that:
- you shall not:
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including, without limitation, any application), except to the limited extent applicable statutory laws specifically and expressly prohibit such restriction;
- modify, translate, or otherwise create derivative works of any part of the Services; or
- copy, sell, license, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder or use the Services for the benefit of any third parties; and
- you are not permitted to:
- use the Piaggio & C trademarks, copyrighted content, other intellectual property, or any third-party trademarks any part of the Services; or
- copy, sell, license, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder or use the Services for the benefit of any third parties.
- you shall not:
- You shall abide by all applicable local, state, national and international laws and regulations.
- ACCURACY OF INFORMATION AND CONTENT
Any information you receive through the Sites is provided “as is” and “as available” and may be based on information supplied by the Dealers. We cannot guarantee that any information is correct or up to date. PGA is not responsible for any typographical errors or omissions relating to pricing, text, photography or any other information included in the Services. PGA is only providing a service connecting you to the Dealer, which will have the absolute and unconditional right to refuse or cancel any orders placed for products, services, or vehicles at incorrect prices, regardless of whether the orders have been confirmed. If you spot any materials or information that you believe to be inaccurate, please email us at (customer care mailbox), briefly describing the inaccuracy.
You may link to our Services on your rightfully owned properties as long as (i) the link does not state or imply any connection or approval of PGA or portray PGA in a false or offensive manner, and (ii) you remove such link immediately upon our written request.
- DMCA POLICY: NOTICE AND TAKEDOWN PROCEDURE
PGA has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. If you believe that any content displayed on any of the Services infringes your copyrighted work, you may send notice to PGA’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) at:
PIAGGIO GROUP AMERICAS INC
257 Park Ave S 4th floor
New York, NY 10010
Please include the following information in your notice:
- A signature of a person authorized to act on behalf of the owner of the copyright;
- Identification of works or materials being infringed;
- Identification of the infringing material with sufficient detail so PGA can find and verify its existence;
- Contact information about the notifying party;
- A statement that the notifying party has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Once we receive the notice, we may take actions in our sole and absolute discretion, but we shall have no obligation to do so, including removing the alleged infringing material.
- THIRD-PARTY CONTENT AND SERVICES
- MOBILE SERVICES AND MESSAGES
As part of the Services, we may communicate with you, or you may communicate with other users, via SMS, MMS or other text messages or mobile functionality (“Text Messages”). In such event, text messaging fees may apply to the sending or receipt of Text Messages. By registering for an Account, providing this Site with your phone number, or otherwise using any other Services that involve communication by Text Messages, you hereby consent to receiving Text Messages from this Site. You may opt out of receiving such messages in the future, but some of the Services may not work properly if you do opt out.
- TERMINATION OF ACCOUNT
- You will cease any further use of the Services;
- The ownership provisions, DMCA policy, Disclaimer of Warranties, Limitation of Liability, Indemnification, Arbitration and Class Action Waiver, Governing Law and Jurisdiction, and General sections of these Terms will survive termination. Other provisions of the Terms that by their nature would survive termination shall so survive.
- DISCLAIMER OF WARRANTIES
- To the extent legally permissible, any and all of the Services and Content are provided “as-is”. PGA and the PGA Representatives disclaim all warranties of any kind regarding the use of any and all Services, including, without limitation, any and all: warranties regarding the operation, accuracy, reliability, completeness, quality, or suitability or the information displayed on or through them, implied warranties of use, merchantability or fitness for a particular purpose. You expressly agree that use of the Services is at your sole risk. In addition, in no event shall PGA or its Representatives be liable to you or any third party for any consequences to you or others that may result from technical problems or errors or for any decision made or action taken by you or any other party in connection with the Services.
Some jurisdictions do not allow the exclusions or limitations set forth above, in which case, the full extent of the above exclusions and limitations may not apply.