TERMS AND CONDITIONS OF PARTICIPATION IN "The Scorpionship" Program
Abarth & C. SpA, with registered office at Via Plava 80, 10135, Turin ("Abarth") intends to promote, organize, and develop services and initiatives in order to involve in "The Scorpionship" program (the "Program") as many enthusiasts of the Abarth brand as possible.
Below is a detail of the Terms and Conditions (hereinafter the "Terms and Conditions") aimed at regulating the relationship between Abarth and Scorpionship Members (hereinafter "Member" if singular and "Members" if plural). It is understood that Abarth, under its own responsibility, will provide the services and benefits provided by "The Scorpionship" program to assist Members through a special service company appointed by Abarth.
1. For the purposes of the Terms and Conditions below "Members" shall mean the persons who adhere to the terms and conditions.
2. The enrolment of a Member in the Program is through the simple online registration of his/her data on the scorpionship.abarth.com web site and the release of an express statement of consent to the use of personal data for the purposes of use as set forth in the Terms and Conditions on behalf of the Members. Alternatively, enrolment in the Program may be done by registering and completing the appropriate forms at certain events organized by Abarth.
To use the initiatives and services reserved for Members annual individual fees are not required.
Upon enrolment, each Member will guarantee to be of age.
Those who abide by the Terms and Conditions, by becoming a Member, will receive the following benefits/services:
a) a personalized card ("The Scorpionship Member Card ") with name and identification number of the Member;
b) a coupon code to for the use of facilities to purchase Abarth merchandise through the www.abarthstore.com web site;
c) access to any special agreements/discounts with partners of the program (for example, promotions in the accessory kit, facilities for the enjoyment of driving courses) ,or any periodic partnership;
d) access to benefits reserved for Members (for example, Scorpionship car badges, Scorpionship stickers, etc.);
e) access to any events and/or competitions held by Abarth in whole or in part reserved for Members;
f) inclusion in a mailing list to send out information and/or special offers reserved for Members.
Any changes to the above (including, but not limited to, access to additional special offers and/or supplementary services provided by Abarth to Members or the elimination or reduction of certain privileges, offers, etc.), will be promptly communicated to each Member through the scorpionship.abarth.com web site, available 24 hours a day (except for site maintenance, computer failure, or other extenuating circumstances). These changes are considered accepted henceforth by each Member.
3. The Member acknowledges that the use of the services benefits is at his/her own risk. The services/benefits are rendered "as is" and "as available." Abarth offers no guarantee that the services/benefits correspond to expectations of Members other than those indicated at the time the services/benefits are offered.
4. To ensure proper delivery of services/benefits, the personal data provided by each Member shall be true and correct. The use of such data will be according to the procedures included in the privacy information that each Member must accept in order to finish the registration process. The Members may, at any time, modify the data provided at the time of registration.
5. Enrolment in the Program lasts indefinitely, subject to the Member's possibility to freely withdraw from the Program by means of a declaration of withdrawal to be sent by email to the following address: firstname.lastname@example.org. Abarth will effect within 15 working days of the request the withdrawal of the Member from the Program.
6. The right of Members to use the services / benefits provided by Abarth is personal and non-transferable. It is prohibited to each Member to copy, modify, sell, assign, sublicense, confer, or transfer to third parties - or create derivative works from - any right or asset arising from participation in the Program, or to permit third parties to act in this way by the use of services/benefits provided to him.
7. The Member is hereby declared owner of the rights of use of the images, texts ,and materials of the same disseminated through the services/benefits provided by Abarth. Abarth and its affiliates and subsidiaries shall be deemed authorized by the Member to any commercial use of images, texts, and materials mentioned above, expressly waiving, upon agreeing to the Terms and Conditions to any consideration, without the right to be recognized. The Member is wholly responsible for the content of messages, texts, and images sent on his/her behalf through the services/benefits, and is therefore responsible for any violation of third party rights on the images, texts, and materials published on the same and will be required to indemnify Abarth and the parties associated with them or controlled by them, their representatives, employees, and any of their partners from any claim for damages or compensation of third parties connected to these images, texts and materials, also reimbursing Abarth and/or the parties mentioned above, for any costs arising from claims or actions of third parties for damage caused by the Member or third parties through the use of services/benefits provided to the Member.
The Member agrees to use the services/benefits only for lawful purposes permitted by applicable laws, uses and customs, rules of diligence, in each case without infringing the rights of any third party.
8. Abarth will not be held at fault or responsible for damage for to failure to provide all or part of the services/benefits due to malfunctioning of the electronic means of communication due to circumstances outside the sphere of the company's control, including, without limitation, fire, natural disasters, loss of electricity, loss of telephone lines or other suppliers of network services, malfunctioning of computers and other electronic devices, including those not part of the Internet network, malfunctioning of software installed by Members, as well as actions of other users or other persons with access to the network.
9. With regard to the community that will be created on the scorpionship.abarth.com website through, for example, the implementation of newsgroups, message boards, personal pages, the company's services and/or FCA Italy acts as a provider of virtual spaces in which some of the services/benefits are offered. Abarth makes no supervision on the content of the interventions or messages conveyed on the network by Members at the scorpionship.abarth.com web site on any other site connected with Abarth, and therefore accepts no liability in this regard. Even when one of the services the scorpionship.abarth.com web site provides an moderator, the latter will simply organize the stream of messages sent by the Members, without any prior control over them and therefore neither the moderator nor Abarth assume any responsibility for the content uploaded by Members.
In using some of the services/benefits mentioned above, Members are required to abide by the rules of "Netiquette" (good manners online) including, but not limited to:
- using the services/benefits activated at scorpionship.abarth.com solely for lawful purposes, always using tones and expressions conforming to the norms of civil coexistence;
- not using the services/benefits activated at scorpionship.abarth.com for commercial and/or advertising purposes;
- not using the services/benefits activated at scorpionship.abarth.com to spread material that could be construed as obscene, defamatory, injurious to another's reputation, or otherwise contrary to public order or morality or likely to cause harm or offence to others;
- not spreading through the services/benefits activated at scorpionship.abarth.com materials or content protected by intellectual property rights of others without permission of the owner;
- not spreading through the services/benefits activated at scorpionship.abarth.com information confidential or damaging to the privacy of others;
- act consistently with the website scorpionship.abarth.com's topics of interest.
- report on the "Contact" section of the website scorpionship.abarth.com content irrelevant or in violation of "Netiquette."
10. Abarth may also at any time and at its sole discretion temporarily suspend or discontinue definitively the provision of services/benefits to Members who:
a) provide personal data not current, complete or truthful;
b) use the services/benefits for purposes or in ways deemed illicit, harmful, obscene, or otherwise objectionable; or
c) violate the provisions of these Terms and Conditions.
11. Abarth may, at its sole discretion, terminate or modify the provision of any or all of the services/benefits at any time upon 30 days' notice, which will be communicated via the official website scorpionship.abarth.com.