Biker King makes no representation that the website is appropriate or available in other locations other than where it is operated by Biker King. The information provided on the web site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Biker King to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the web site for other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the web site. If you are a minor, you must have your parent or guardian read and agree to this agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the web site or use the Biker King's Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS IF APPLICABLE AND ALSO BY CONTINUING TO USE THE WEB SITE, IF YOUI DOD NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT BIKER KING MAY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE BIKER KING'S SERVICES OR THE WEBSITE.
Regarding Your Registration
By using the Biker KIng's services, you represent and warrant that:
all registration information you submit is truthful and accurate;
you will maintain the accuracy of such information;
you will keep your password confidential and will be responsible for all use of your password and account;
you are not a minor in that jurisdiction in which you reside, or if a minor, you have received parental permission to use this website; and
your use of the Biker King's services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the websites registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Biker King has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Biker King has a right to suspend or terminate your account and refuse any and all current or future use of the website (or any portion thereof).
We reserve the right to remove or reclaim or change a username you select if we determine appropriate in our discretion, such as when the username is obscene, or otherwise objectionable or when the trademark owner complains about a username that does not closely relate to the users actual name. You agree to use your real first and last name when you register for the Website's services.
Regarding Content You Provide
The Website may invite you to chat or participate in logs, message boards, online forms, and other functionality and may provide you with the opportunity to create, submit,post, display, transmit, perform, publish, distribute or broadcast content and materials to Biker King and/or via the Website, including, without limitation, text, writings, video, audio, photographs,graphics, comments, suggestions or personally identifiable information or other material (collectively "Contributions"). Any Contributions you transmit to Biker King will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:
the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
you are the creator and owner of or have the necessary licenses, rights, consents, releases and permission to use and to authorize Biker King and the Website users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in a manner contemplated by the Website;
your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Biker King), libelous or slanderous, does not ridicule, mock, disparage, intimidate, or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights or any third party;
your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 and sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
your Contribution does not otherwise violate, or relate to material and violates any provision of this Agreement or any applicable law or regulation.
By posting Contributions to any part of the Website, or making them assessable to the Website by linking your account to any of your social network accounts, you automatically grant, and you represent an warrant that you have the right to grant, to Biker King an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty free, fully paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resale, publish, broadcast, re-title, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate inot other works, such Contributions, and to grant and authorize sub licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known, or hereafter developed, and includes our use of your name, Biker King name, and franchise name, as applicable, and any other trademarks, service marks, trade names and Logos, personal and commercial images you provide. Biker King does not assert any ownership over your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
Biker King has the right, in our sole and absolute discretion, (i) edit, redact or otherwise change any Contributions, (ii) re- categorize any Contributions and place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.
By uploading your Contributions to the Website, you hereby authorize Biker King to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty free, fully paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.
As part of the functionality of the Website, you may link your account with online accounts you may have with third party service providers (each such account, "Third Party Account") by either: (i) providing your Third Party Account login information through the Website; or (ii) allowing Biker King to access your Third Party Account, as it is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Biker King and/or grant Biker King access to your Third Party Account (including, but not limited to, for use for the purpose as described herein), without breach by you of any other terms and conditions that govern your use of the applicable Third Party Account and without obligating Biker King to pay any fees or making Biker King subject in any usage limitations imposed by such Third Party Service providers. By granting Biker King access to any Third Party Accounts, you understand that (i) Biker King may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the "Social Network Content") so that it is available on and through the website via your account, including without limitation any friend lists, and (ii) Biker King may submit and receive additional information to your Third Party Account to the extent ou are notified when you link your account with the Third Party Account. Depending on the Third Party Account you choose and subjects to the privacy setting that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Website. PLEASE NOTE THAT IF THE THIRD PARTY ACCOUNT OR ASSOCIATED SERVICE BECOMES UNAVAILABLE OR BIKER KING'S ACCESS TO SUCH THIRD PARTY ACCOUNT IS TERMINATED BY THE THIRD PARTY SERVICE PROVIDER, THEN SOCIAL NETWORK CONTENT MAY NO LONGER BE AVAILABLE ON AND THROUGH THE WEBSITE. YOU WILL HAVE THE ABILITY TO DISABLE THE CONNECTION BETWEEN YOUR ACCOUNT ON THE WEBSITE AND OUR THIRD PARTY ACCOUNTS AT ANY TIME. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENTS WITH SUCH THIRD PARTY SERVICE PROVIDERS. Biker King makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Biker King is not responsible for any Social Network Content.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Biker King Services ("Submissions") provided by you to Biker King are non-confidential and Biker King (as well as any designee of Biker King) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You may not access or use the Website for any other purpose other than that for which Biker King makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Biker King. Prohibited activity includes, but is not limited to:
attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
attempting to impersonate another user or person or using the username of another user;
criminal or tortious activity;
engaging in any automated use of the system, such as using any data mining, robots or similar data gathering an extraction tools;
except as maybe the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software;
making any unauthorized use of the Biker King Services, including collecting user names and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
selling or otherwise transferring your profile;
systematic retrieval of data or other content from the Webste to create or compile, directly or indirectly, a collection, compile a user database or directory without written permission from Biker King;
tricking, defrauding or misleading Biker King and other users, especially in any attempt to learn sensitive account information such as passwords;
using any information obtained form the Website in order to harass, abuse, or harm another person;
using the Biker King Services as part of any effort to compete with Biker King or to provide services as a service bureau;
using the Website in a manner inconsistent with any and all applicable laws and regulations;
INTELLECTUAL PROPERTY RIGHTS
The content on the Website ("Biker King Content") and the trademarks, service marks and Logos contained therein ("Marks") are owned by or licensed to Biker King, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Biker King Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. Biker King graphics, Logos, designs, page headers, buttons and icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Biker King in the United States and/or other countries. Companies trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Biker King.
Biker King Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever with out the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Biker King Content and to download or print a copy of any portion of the Biker King Content to which you have properly gained access solely for your personal, non-commercial use. Biker King reserves all rights not expressly granted to you in and to the Website and Biker King Content and Marks.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the Biker King Services) links to other web sites (“Third Party Web sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or a items belonging to originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices are other policies of work contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Web sites will be through other web sites and from other companies, and Biker King takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
Biker King reserves the right but does not have the obligation to:
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, BY BIKER KING RESERVES THE RIGHT TO, IN BIKER KING’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY’S SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND BIKER KING MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY’S SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN BIKER KINGS SOLE DISCRETION.
In order to protect the integrity of the Website and Biker King Services, Biker King reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and company services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
If Biker King terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Biker King reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Biker King may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the company’s services after any such modification becomes effective. Biker King may also, in its discretion, choose to alert all users with whom it maintains e-mail information of such modifications by means of an e-mail to their most recently provided e-mail address. It is therefore important that you regularly reviewed this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
Biker King reserves the right at any time to modify or discontinue, temporarily or permanently, the company’s services (or any part thereof) with or without notice. You agree that Biker King shall not be liable to you or to any third party for any modification, suspension or discontinuance of the company’s services.
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Biker King is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Biker King, it’s owners, or agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or Biker King’s services.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Biker King reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time without prior notice.
Biker King cannot control the nature of all of the content available on the Website. By operating the Website, Biker King does not represent or imply the Biker King endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party web sites or provided by third party applications, or that Biker King believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. Biker King is not responsible for the conduct, whether online or offline, of any user of the web site or Biker King’s Services.
YOU AGREE THAT YOUR USE OF THE WEB SITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BIKER KING, ITS OWNER, OR AGENTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY’S SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BIKER KING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THERE IN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY’S SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. BIKER KING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BIKER KING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL BIKER KING’S OWNER OR ANY OF ITS AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR BIKER KING’S SERVICES, EVEN IF BIKER KING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold Biker King, its owner, and any agents harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or rising out of your contributed content, use of Biker King’s Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Biker King reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Biker King, and you agree to cooperate, at your expense, with Biker King’s defense of such claims. Biker King will use reasonable efforts to notify you of any such claim, action, or proceedings which is subject to this indemnification upon becoming aware of it.
Except as explicitly stated otherwise, any notice is given to biker king shall be given by e-mail to the address listed in the contact information below. Any notice is given to you shall be given to the e-mail address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless sending party is notified that the e-mail address is invalid.
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of Biker King’s Services, as well as data relating to your use of the Biker King’s Services. Although we perform regular routine backups of data you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the company’s services. You agree that Biker King shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Biker King arising from any such a loss or corruption of such data.
Your use of the company’s services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY’S SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
This Agreement constitutes the entire agreement between you and Biker King regarding the use of the NO Cost Classified Ads services. The failure of Biker King 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. This Agreement and your account may not be assigned by you without our express written consent. Biker King may assign any or all of its rights and obligations to others at any time. Biker King shall not be responsible for liability for any loss, damage, delays or failure to act caused by any cause beyond biker King’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision for part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Biker King as a result of this Agreement or use of the Website or company’s services. Upon Biker King’s request, you will furnish Biker King any documentation, substantiation or release if necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Biker King by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties here to execute this Agreement.
In order to resolve a complaint regarding the company’s services or to receive further information regarding use of the company’s services, please contact Biker King as set forth below.