It has been a long time since we've updated the MotorcycleRoads.com's terms & conditions, but below is the new/update as of 5/27/2020.
MotorcycleRoads.com Terms & Conditions
Update to Terms and Conditions; effective May 27, 2020
This MotorcycleRoads.com Terms & Conditions ("Terms") applies to your access to and use of the websites, mobile apps, widgets, and other online products and services (collectively, the "Services") provided by MotorcycleRoads.com, Inc. ("MotorcycleRoads.com," "we," or "us").
MotorcycleRoads.com is a website and Service that is intended to help motorcycle riders get the most out of motorcycle riding & their motorcycle lifestyle. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
1. Your Access to the Services
Children under the age of 13 are not allowed to create an account or otherwise use the Services. Additionally, if you are in the European Economic Area, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have received verifiable consent from your parent or legal guardian.
If you are accepting these Terms on behalf of another legal entity, including a business or a government, you represent that you have full legal authority to bind such entity to these terms.
2. Your Use of the Services
MotorcycleRoads.com grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.
Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:
- license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
- modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
- access the Services or Content in order to build a similar or competitive website, product, or service.
We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
3. Your MotorcycleRoads.com Account and Account Security
You are solely responsible for the information associated with Your Account and anything that happens related to Your Account. You must maintain the security of your Account and promptly notify MotorcycleRoads.com if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with the Services.
You will not license, sell, or transfer your Account without our prior written approval.
4. Your Content
The Services may contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
You retain any ownership rights you have in Your Content, but you grant MotorcycleRoads.com the following license to use that Content:
When Your Content is created with, submitted to, or in any way provided to (e.g., email, comment contribution, photo/video upload, etc.) the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with MotorcycleRoads.com. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Any ideas, suggestions, information, opinion, and feedback about MotorcycleRoads.com or our Services that you provide to us are entirely voluntary, and you agree that MotorcycleRoads.com may use such ideas, suggestions, and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for a violation of these Terms, or if you otherwise create liability for us.
5. Third-Party Content, Advertisements and Promotions
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
If you choose to use the Services to conduct a promotion, including a contest or sweepstakes, you alone are responsible for conducting the promotion in compliance with all applicable laws and regulations. The terms of your promotion must specifically state that the promotion is not sponsored by, endorsed by, or associated with MotorcycleRoads.com and the rules for your promotion must require each entrant or participant to release MotorcycleRoads.com from any liability related to the promotion.
6. Things You Cannot Do
When accessing or using the Services, you must respect others and their rights, including by following these Terms, so that we all may continue to use and enjoy the Services. We support the responsible reporting of security vulnerabilities. To report a security issue, please send an email to webmaster@MotorcycleRoads.com.
When accessing or using our Services, you will not:
- Use the Services to violate applicable law or infringe any person or entity's intellectual property or any other proprietary rights;
- Attempt to gain unauthorized access to another user’s Account or to the Services (or to other computer systems or networks connected to or used together with the Services);
- Upload, transmit, or distribute to or through the Services any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system or data;
- Use the Services to harvest, collect, gather or assemble information or data regarding the Services or users of the Services except as permitted in these Terms or in a separate agreement with MotorcycleRoads.com;
- Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
- Intentionally negate any user's actions to delete or edit their Content on the Services; or
- Access, query, or search the Services with any automated system, other than through our published interfaces and pursuant to their applicable terms. However, we conditionally grant permission to crawl the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials subject to the parameters set forth in our robots.txt file.
7. Moderators (e.g., “Road Rangers”)
Moderating a section of MotorcycleRoads.com is an unofficial, voluntary position that may be available to users of the Services. We are not responsible for actions taken by the moderators. We recognize that moderation can take some work, so we may change the features or abilities associated with moderating from time to time without prior notice. We reserve the right to revoke or limit a user’s ability to moderate at any time and for any reason or no reason, including for a breach of these Terms.
If you choose to moderate a section of MotorcycleRoads.com:
- You may not represent that you are authorized to act on behalf of MotorcycleRoads.com, Inc.;
- You may not enter into any agreement with a third party on behalf of MotorcycleRoads.com, or any section of MotorcycleRoads.com that you moderate, without our written approval;
- You may not perform moderation actions in return for any form of compensation or favor from third parties;
- If you have access to non-public information as a result of moderating a section of MotorcycleRoads.com, you will use such information only in connection with your performance as a moderator; and
MotorcycleRoads.com reserves the right, but has no obligation, to overturn any action or decision of a moderator if MotorcycleRoads.com believes that such action or decision is not in the interest of MotorcycleRoads.com or the MotorcycleRoads.com community.
8. Copyright, the DMCA & Takedowns
MotorcycleRoads.com respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing materials from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright that you own or control, you may notify webmaster@MotorcycleRoads.com.
Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to MotorcycleRoads.com for certain costs and damages.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our licensors, our third party service providers and our officers, employees, licensors, and agents (the “MotorcycleRoads.com Entities”) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MOTORCYCLEROADS.COM, ITS LICENSORS, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. MOTORCYCLEROADS.COM DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE MOTORCYCLEROADS.COM ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Limitation of Liability
IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE MOTORCYCLEROADS.COM ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE MOTORCYCLEROADS.COM ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
12. Governing Law and Venue
We provide the Service of MotorcycleRoads.com as a service primarily to the community of motorcycle riders so they will get the most out of their hobby of motorcycle riding and so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at webmaster@MotorcycleRoads.com,
Except for the government entities listed below: any claims arising out of or relating to these Terms or the Services will be governed by the laws of Colorado, other than its conflict of laws rules; all disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Colorado; and you consent to personal jurisdiction in these courts.
13. Changes to these Terms
MotorcycleRoads.com may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing notice through our Services (e.g., a blog posting/article posted publicly on the website and providing a copy of the updated Terms & Conditions). By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.
14. Additional Terms
Because we intend to offer a variety of new/updated Services over time, you may be asked to agree to additional terms before using a specific product or service offered by MotorcycleRoads.com (“Additional Terms”). To the extent any Additional Terms conflict with these Terms, the Additional Terms govern with respect to your use of the corresponding Service.
You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. If you stop using the Services without deactivating your Accounts, your Accounts may be deactivated due to prolonged inactivity.
We may suspend or terminate your Accounts, status as a moderator, or ability to access or use the Services at any time for any or no reason, including for a violation of these Terms.
The following sections will survive any termination of these Terms or of your Accounts: (Your Content), (Things You Cannot Do), (Indemnity), (Disclaimers), (Limitation of Liability), (Termination), and (Miscellaneous).
These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign these Terms.