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Terms & Conditions
BikerOrNot.com Terms of Use Agreement
October 21, 2007
BikerOrNot.com is a social networking service that allows Members to create
unique personal profiles online in order to find and communicate with old and
new friends. The services offered by BikerOrNot.com ("BikerOrNot.com" or "we")
include the BikerOrNot.com website (the "BikerOrNot Website"), the
BikerOrNot.com Internet messaging service, and any other features, content, or
applications offered from time to time by BikerOrNot.com in connection with the
BikerOrNot Website (collectively, the "BikerOrNot Services"). The BikerOrNot
Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms
for your use of the BikerOrNot Services. By using the BikerOrNot Services, you
agree to be bound by this Agreement, whether you are a "Visitor" (which means
that you simply browse the BikerOrNot Website) or you are a "Member" (which
means that you have registered with BikerOrNot.com). The term "User" refers to a
Visitor or a Member. You are only authorized to use the BikerOrNot Services
(regardless of whether your access or use is intended) if you agree to abide by
all applicable laws and to this Agreement. Please read this Agreement carefully
and save it. If you do not agree with it, you should leave the BikerOrNot
Website and discontinue use of the BikerOrNot Services immediately. If you wish
to become a Member, communicate with other Members and make use of the
BikerOrNot Services, you must read this Agreement and indicate your acceptance
during the Registration process.
This Agreement includes BikerOrNot.com's policy for acceptable use of the
BikerOrNot Services and Content posted on the BikerOrNot Website, your rights,
obligations and restrictions regarding your use of the BikerOrNot Services and
BikerOrNot.com's Privacy Policy.
BikerOrNot.com may modify this Agreement from time to time and such modification
shall be effective upon posting by BikerOrNot.com on the BikerOrNot Website. You
agree to be bound to any changes to this Agreement when you use the BikerOrNot
Services after any such modification is posted. It is therefore important that
you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on BikerOrNot.com and that you
provide to other Users. Your BikerOrNot.com profile may not include the
following items: any photographs containing nudity, or obscene, lewd,
excessively violent, harassing, sexually explicit or otherwise objectionable
subject matter. Despite this prohibition, information provided by other
BikerOrNot.com Members (for instance, in their Profile) may contain inaccurate,
inappropriate, offensive or sexually explicit material, products or services,
and BikerOrNot.com assumes no responsibility or liability for this material. If
you become aware of misuse of the BikerOrNot Services by any person, please
contact BikerOrNot or click on the "Report" link at the bottom of any
BikerOrNot.com page.
BikerOrNot.com reserves the right, in its sole discretion, to reject, refuse to
post or remove any posting (including private messages) by you, or to restrict,
suspend, or terminate your access to all or any part of the BikerOrNot Services
at any time, for any or no reason, with or without prior notice, and without
liability. BikerOrNot expressly reserves the right to remove your profile and/or
restrict, suspend, or terminate your access to any part of BikerOrNot Services
if BikerOrNot determines, in its sole discretion, that you pose a threat to
BikerOrNot and/or its Users.
Eligibility. Use of and Membership in the BikerOrNot Services is void where
prohibited. By using the BikerOrNot Services, you represent and warrant that (a)
all registration information you submit is truthful and accurate; (b) you will
maintain the accuracy of such information; (c) you are 18 years of age or older;
and (d) your use of the BikerOrNot Services does not violate any applicable law
or regulation. Your profile may be deleted and your Membership may be terminated
without warning, if we believe that you are under 18 years of age.
Term. This Agreement shall remain in full force and effect while you use the
BikerOrNot Services or are a Member. You may terminate your Membership at any
time, for any reason, by following the instructions in the Edit My Profile page.
BikerOrNot.com may terminate your Membership at any time, without warning. Even
after Membership is terminated, this Agreement will remain in effect.
Fees. You acknowledge that BikerOrNot.com reserves the right to charge for the
BikerOrNot Services and to change its fees from time to time in its discretion.
If BikerOrNot.com terminates your Membership because you have breached the
Agreement, you shall not be entitled to the refund of any unused portion of
subscription fees.
Password. When you sign up to become a Member, you will also be asked to choose
a password. You are entirely responsible for maintaining the confidentiality of
your password. You agree not to use the account, username, or password of
another Member at any time or to disclose your password to any third party. You
agree to notify BikerOrNot.com immediately if you suspect any unauthorized use
of your account or access to your password. You are solely responsible for any
and all use of your account.
Non-commercial Use by Members. The BikerOrNot Services are for the personal use
of Members only and may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by BikerOrNot.com.
Illegal and/or unauthorized use of the BikerOrNot Services, including collecting
usernames and/or email addresses of Members by electronic or other means for the
purpose of sending unsolicited email or unauthorized framing of or linking to
the BikerOrNot Website is prohibited. Commercial advertisements, affiliate
links, and other forms of solicitation may be removed from Member profiles
without notice and may result in termination of Membership privileges.
Appropriate legal action will be taken for any illegal or unauthorized use of
the BikerOrNot Services.
Proprietary Rights in Content on BikerOrNot.com.
BikerOrNot.com does not claim any ownership rights in the text, files, images,
photos, video, sounds, musical works, works of authorship, or any other
materials (collectively, "Content") that you post to the BikerOrNot Services.
After posting your Content to the BikerOrNot Services, you continue to retain
all ownership rights in such Content, and you continue to have the right to use
your Content in any way you choose. By displaying or publishing ("posting") any
Content on or through the BikerOrNot Services, you hereby grant to
BikerOrNot.com a limited license to use, modify, publicly perform, publicly
display, reproduce, and distribute such Content solely on and through the
BikerOrNot Services.
The license you grant to BikerOrNot.com is non-exclusive (meaning you are free
to license your Content to anyone else in addition to BikerOrNot.com),
fully-paid and royalty-free (meaning that BikerOrNot.com is not required to pay
you for the use on the BikerOrNot Services of the Content that you post), sub
licensable (so that BikerOrNot.com is able to use its affiliates and
subcontractors such as Internet content delivery networks to provide the
BikerOrNot Services), and worldwide (because the Internet and the BikerOrNot
Services are global in reach). This license will terminate at the time you
remove your Content from the BikerOrNot Services. The license does not grant
BikerOrNot.com the right to sell your Content, nor does the license grant
BikerOrNot.com the right to distribute your Content outside of the BikerOrNot
Services.
You represent and warrant that: (i) you own the Content posted by you on or
through the BikerOrNot Services or otherwise have the right to grant the license
set forth in this section, and (ii) the posting of your Content on or through
the BikerOrNot Services does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person. You agree to pay
for all royalties, fees, and any other monies owing any person by reason of any
Content posted by you to or through the BikerOrNot Services.
The BikerOrNot Services contain Content of BikerOrNot.com ("BikerOrNot.com
Content"). BikerOrNot.com Content is protected by copyright, trademark, patent,
trade secret and other laws, and BikerOrNot.com owns and retains all rights in
the BikerOrNot.com Content and the BikerOrNot Services. BikerOrNot.com hereby
grants you a limited, revocable, nonsublicensable license to reproduce and
display the BikerOrNot.com Content (excluding any software code) solely for your
personal use in connection with viewing the BikerOrNot Website and using the
BikerOrNot Services.
The BikerOrNot Services contain Content of Users and other BikerOrNot.com
licensors. Except for Content posted by you, you may not copy, modify,
translate, publish, broadcast, transmit, distribute, perform, display, or sell
any Content appearing on or through the BikerOrNot Services.
Content Posted.
BikerOrNot.com may delete any Content that in the sole judgment of
BikerOrNot.com violates this Agreement or which may be offensive, illegal or
violate the rights, harm, or threaten the safety of any person. BikerOrNot.com
assumes no responsibility for monitoring the BikerOrNot Services for
inappropriate Content or conduct. If at any time BikerOrNot.com chooses, in its
sole discretion, to monitor the BikerOrNot Services, BikerOrNot.com nonetheless
assumes no responsibility for the Content, no obligation to modify or remove any
inappropriate Content, and no responsibility for the conduct of the User
submitting any such Content.
You are solely responsible for the Content that you post on or through any of
the BikerOrNot Services, and any material or information that you transmit to
other Members and for your interactions with other Users. BikerOrNot.com does
not endorse and has no control over the Content. Content is not necessarily
reviewed by BikerOrNot.com prior to posting and does not necessarily reflect the
opinions or policies of BikerOrNot.com. BikerOrNot.com makes no warranties,
express or implied, as to the Content or to the accuracy and reliability of the
Content or any material or information that you transmit to other Members.
Content/Activity Prohibited. The following is a partial list of the kind of
Content that is illegal or prohibited to post on or through the BikerOrNot
Services. BikerOrNot.com reserves the right to investigate and take appropriate
legal action against anyone who, in BikerOrNot.com's sole discretion, violates
this provision, including without limitation, removing the offending
communication from the BikerOrNot Services and terminating the Membership of
such violators. Prohibited Content includes, but is not limited to Content that,
in the sole discretion of BikerOrNot.com:
is patently offensive and promotes racism, bigotry, hatred or physical harm of
any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an
adult website;
solicits personal information from anyone under 18;
promotes information that you know is false or misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work,
such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass
mailing, instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images
(those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but not limited to
making or buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses;
solicits passwords or personal identifying information for commercial or
unlawful purposes from other Users;
involves commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph of another person that you have posted without that
person's consent; or
for band profiles, uses sexually suggestive imagery or any other unfair,
misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or
prohibited on the BikerOrNot Website and through your use of the BikerOrNot
Services. BikerOrNot.com reserves the right to investigate and take appropriate
legal action against anyone who, in BikerOrNot.com's sole discretion, violates
this provision, including without limitation, reporting you to law enforcement
authorities. Prohibited activity includes, but is not limited to:
criminal or tortious activity, including child pornography, fraud, trafficking
in obscene material, drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright infringement,
patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or sell any products or
services through the BikerOrNot Services. You may not transmit any chain letters
or junk email to other Members. It is also a violation of these rules to use any
information obtained from the BikerOrNot Services in order to contact, advertise
to, solicit, or sell to any Member without their prior explicit consent. In
order to protect our Members from such advertising or solicitation,
BikerOrNot.com reserves the right to restrict the number of emails which a
Member may send to other Members in any 24-hour period to a number which
BikerOrNot.com deems appropriate in its sole discretion. If you breach this
Agreement and send unsolicited bulk email, instant messages or other unsolicited
communications of any kind through the BikerOrNot Services, you acknowledge that
you will have caused substantial harm to BikerOrNot.com. but that the amount of
such harm would be extremely difficult to ascertain.
covering or obscuring the banner advertisements on your personal profile page,
or any BikerOrNot.com page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to add friends or send
comments or messages;
interfering with, disrupting, or creating an undue burden on the BikerOrNot
Services or the networks or services connected to the BikerOrNot Services;
attempting to impersonate another Member or person;
using the account, username, or password of another Member at any time or
disclosing your password to any third party or permitting any third party to
access your account;
selling or otherwise transferring your profile;
using any information obtained from the BikerOrNot Services in order to harass,
abuse, or harm another person;
displaying an advertisement on your profile, or accepting payment or anything of
value from a third person in exchange for your performing any commercial
activity on or through the BikerOrNot Services on behalf of that person, such as
placing commercial content on your profile, posting blogs or bulletins with a
commercial purpose, or sending private messages with a commercial purpose; or
using the BikerOrNot Services in a manner inconsistent with any and all
applicable laws and regulations.
Copyright Policy. You may not post, modify, distribute, or reproduce in any way
any copyrighted material, trademarks, or other proprietary information belonging
to others without obtaining the prior written consent of the owner of such
proprietary rights. It is the policy of BikerOrNot.com to terminate Membership
privileges of any Member who repeatedly infringes the copyright rights of others
upon receipt of proper notification to BikerOrNot.com by the copyright owner or
the copyright owner's legal agent. Without limiting the foregoing, if you
believe that your work has been copied and posted on the BikerOrNot Services in
a way that constitutes copyright infringement, please provide our Copyright
Agent with the following information: (i) an electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is
located on the BikerOrNot Services; (iv) your address, telephone number, and
email address; (v) a written statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or
the law; (vi) a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Member Disputes. You are solely responsible for your interactions with other
BikerOrNot.com Members. BikerOrNot.com reserves the right, but has no
obligation, to monitor disputes between you and other Members.
Privacy. Use of the BikerOrNot Services is also governed by our Privacy Policy,
which is incorporated into this Agreement by this reference.
Disclaimers. BikerOrNot.com is not responsible for any incorrect or inaccurate
Content posted on the BikerOrNot Website or in connection with the BikerOrNot
Services, whether caused by Users of the BikerOrNot Services or by any of the
equipment or programming associated with or utilized in the BikerOrNot Services.
Profiles created and posted by Members on the BikerOrNot Website may contain
links to other websites. BikerOrNot.com is not responsible for the Content,
accuracy or opinions expressed on such websites, and such websites are in no way
investigated, monitored or checked for accuracy or completeness by
BikerOrNot.com. Inclusion of any linked website on the BikerOrNot Services does
not imply approval or endorsement of the linked website by BikerOrNot.com. When
you access these third-party sites, you do so at your own risk. BikerOrNot.com
takes no responsibility for third party advertisements which are posted on this
BikerOrNot Website or through the BikerOrNot Services, nor does it take any
responsibility for the goods or services provided by its advertisers.
BikerOrNot.com is not responsible for the conduct, whether online or offline, of
any User of the BikerOrNot Services. BikerOrNot.com assumes no responsibility
for any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, any User or Member communication. BikerOrNot.com is
not responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer
equipment, software, failure of any email or players due to technical problems
or traffic congestion on the Internet or on any of the BikerOrNot Services or
combination thereof, including any injury or damage to Users or to any person's
computer related to or resulting from participation or downloading materials in
connection with the BikerOrNot Services. Under no circumstances shall
BikerOrNot.com be responsible for any loss or damage, including personal injury
or death, resulting from use of the BikerOrNot Services, attendance at a
BikerOrNot.com event, from any Content posted on or through the BikerOrNot
Services, or from the conduct of any Users of the BikerOrNot Services, whether
online or offline. The BikerOrNot Services are provided "AS-IS" and as available
and BikerOrNot.com expressly disclaims any warranty of fitness for a particular
purpose or non-infringement. BikerOrNot.com cannot guarantee and does not
promise any specific results from use of the BikerOrNot Services.
Limitation on Liability. IN NO EVENT SHALL BIKERORNOT.COM BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF BIKERORNOT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
BIKERORNOT.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU TO BIKERORNOT.COM FOR THE BIKERORNOT SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls. Software available in connection with the BikerOrNot
Services (the "Software") is further subject to United States export controls.
No Software may be downloaded from the BikerOrNot Services or otherwise exported
or re-exported in violation of U.S. export laws. Downloading or using the
Software is at your sole risk.
Disputes. If there is any dispute about or involving the BikerOrNot Services,
you agree that the dispute shall be governed by the laws of the State of
Florida, USA, without regard to conflict of law provisions and you agree to
exclusive personal jurisdiction and venue in the state and federal courts of the
United States located in the State of Florida. Either BikerOrNot.com or you may
demand that any dispute between BikerOrNot.com and you about or involving the
BikerOrNot Services must be settled by arbitration utilizing the dispute
resolution procedures of the American Arbitration Association (AAA), USA,
provided that the foregoing shall not prevent BikerOrNot.com from seeking
injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold BikerOrNot.com, its subsidiaries, and
affiliates, and their respective officers, agents, partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your use of
the BikerOrNot Services in violation of this Agreement and/or arising from a
breach of this Agreement and/or any breach of your representations and
warranties set forth above and/or if any Content that you post on the BikerOrNot
Website or through the BikerOrNot Services causes BikerOrNot.com to be liable to
another.
Other. This Agreement is accepted upon your use of the BikerOrNot Website or any
of the BikerOrNot Services and is further affirmed by you becoming a Member.
This Agreement constitutes the entire agreement between you and BikerOrNot.com
regarding the use of the BikerOrNot Services. The failure of BikerOrNot.com to
exercise or enforce any right or provision of this Agreement shall not operate
as a waiver of such right or provision. The section titles in this Agreement are
for convenience only and have no legal or contractual effect. This Agreement
operates to the fullest extent permissible by law. If any provision of this
Agreement is unlawful, void or unenforceable, that provision is deemed severable
from this Agreement and does not affect the validity and enforceability of any
remaining provisions.
Please contact us at:
BikerOrNot with any questions regarding this Agreement.
800.523.7274
info@bikerornot.com
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Marco Polo Publications, Inc.
475 Central Avenue, Suite 302
Saint Petersburg, FL 33701
Customer Service/Tech Support
1-727-498-4726
Business Development/Advertising Inquiries
1-727-894-3343 |
