BikerOrNot Terms of Use

Last Updated: August 27, 2012

BikerOrNot is an online website (hereafter the "Website") owned and operated by Marco Polo Publications, Inc., a Florida corporation, doing business as BikerOrNot (hereafter the "Company"). If you continue to browse and use the Website you are agreeing to comply with and be bound by the following terms and conditions of use (hereafter the "Terms"), which together with the Website's privacy policy govern the Company's relationship with you in relation to the Website. The use of the Website is subject to the following terms of use, as updated in accordance with Section 12 below:


1. Eligibility

Use of the Website is void where prohibited. By using the Website, you represent and warrant that:
  (a) all registration information you submit is truthful and accurate;
  (b) you will maintain the accuracy of and keep up-to-date such information;
  (c) you are 18 years of age or older;
  (d) you are not a convicted sex offender;
  (e) you will not create an account for anyone other than yourself without permission;
  (f) you will not create more than one account;
  (g) if we delete, block or terminate your account, you will not create another one without the Company's permission;
  (h) you will not use your personal profile for your own commercial gain, such as selling your status update to an advertiser;
  (i) you will not share your password or other authentication information;
  (j) you will not let anyone else access your account or do anything that might otherwise jeopardize the security of your account;
  (k) you will not transfer your account to anyone without first getting the Company's permission; and
  (l) your use of the Website does not violate any applicable law or regulation.

Your profile may be deleted and your access blocked or terminated without warning, if we believe that you are under 18 years of age or you otherwise do not comply with these Terms.


2. Acceptable Behavior & Safety

Use of the Website requires you to act in a civilized manner towards other users. By using the Website, you agree that:
  (a) you will not provide any false personal information on the Website;
  (b) you will not post unauthorized commercial communications on the Website;
  (c) you will not collect or compile users' content or information from the Website;
  (d) you will not access the Website using automated means, such as bots, robots, spiders, or scrapers, without our prior permission;
  (e) you will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Website;
  (f) you will not upload viruses or other malicious code;
  (g) you will not solicit login information or access an account belonging to someone else;
  (h) you will not bully, intimidate, threaten, or harass any user;
  (j) you will not post any content containing:
     (i) hate speech,
     (ii) graphic, explicit, or gratuitous violence,
     (iii) illicit drugs, drug paraphernalia, or use or implied use of illicit drugs, or
     (iv) pornography, including nudity, sexual activity, textually explicit sexual content, lewd or provocative poses,
          strategically covered nudity, see-through or sheer clothing, and close-ups of anatomy that would be inappropriate if shown nude;
     (v) a link, or other reference, to another website, page, or other entity containing any of the content outlined above in (i), (ii), (iii), and (iv).
  (k) you will not do anything unlawful, misleading, malicious, or discriminatory on the Website;
  (l) you will not do anything that could overload, overburden, or otherwise interfere with the proper working of the Website; and
  (m) you will not encourage any violations of these Terms.



3. No Warranty or Guarantee

THE WEBSITE IS PROVIDED AS-IS.

Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered in the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.



4. Limitation of Liabilities

USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE WILL NOT ALWAYS BE SAFE, SECURE, OR ERROR-FREE.

Your use of any information or materials in the Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Website or the Company meet your specific requirements. In no event shall the Company be liable to you or any party related to you for any indirect, incidental, consequential, special, exemplary, or punitive damages or lost profits, even if the Company has been advised of the possibility of such damages. In any event, the Company's total aggregate liability to you for all damages of every kind and type (regardless of whether based in contract or tort) shall not exceed the greater of one hundred US dollars ($100.00) or the total amount you have paid the Company in the past twelve months. In such a case where applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, the Company's liability will be limited to the fullest extent permitted by applicable law.



5. Licensed Content & Reproduction

The Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is strictly prohibited without the Company's prior written consent.



6. User Content

When you upload, or otherwise provide content, to the Company, you give the Company, and our third party vendors, a non-exclusive, transferable, royalty-free worldwide license to use, store, host, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, improving, and developing the Website, and other services provided by the Company. Make sure you have the necessary rights to grant us this license before you provide the Company any content, via the Website or by any other means.



7. Trademarks & References

The Website may include references to third-party trademarks, which are the property of their respective owners. Reference to any product, service, or other entity by trademark does not constitute or imply the endorsement or recommendation by the Company.


8. Unauthorized Use

Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.



9. External Links

From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).



10. Severability

The invalidity or unenforceability of any provisions of these Terms shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect.



11. Non-Waiver

If the Company fails to enforce any of these Terms, it will not constitute a waiver. Failure to enforce any of these Terms shall not affect the Company's right to enforce them in the future, nor shall any waiver of any specific violation of these Terms constitute a waiver for subsequent violations or of the provision itself.


12. Amendments

The company may modify these Terms from time to time and such modification shall be effective upon posting by the Company on the Website. You agree to be bound to any changes to these Terms, and your continued use of the Website following changes to these Terms constitutes your acceptance of our amended Terms.


13. Jurisdiction & Venue

Your use of the Website and any dispute arising out of such use of the Website shall be governed by and construed in accordance with the domestic laws of the State of Florida, and you agree and submit to the jurisdiction and venue of the Courts of Pinellas County, Florida, and the Federal Court in and for the Middle District of Florida, to resolve any dispute arising hereunder or related hereto. Any interpretation of the law governing the Website and these Terms shall be without regard to Florida’s or any other jurisdiction’s conflicts of law rules. These Terms, together with the Website's privacy policy, constitutes the sole and entire agreement between you and the Company pertaining to the subject matter contained herein and supersedes and cancels any and all prior or contemporaneous agreements or understandings, whether oral or written, between you and the Company with respect to the Website.

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