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Posted by: admin on Friday, January 23, 2004 - 12:44 AM
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HarleyDavidsonMan.com Terms of Service
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Acceptance Of Terms
Welcome to HarleyDavidsonMan.com.
HarleyDavidsonMan.com provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you. You can review the most current version of
the TOS at any time at: http://www.HarleyDavidsonMan.com/tos.html. In
addition, when using particular HarleyDavidsonMan.com services, you and
HarleyDavidsonMan.com shall be subject to any posted guidelines or rules
applicable to such services which may be posted from time to time. All
such guidelines or rules are hereby incorporated by reference into the
TOS. HarleyDavidsonMan.com also may offer other services from time to
time that are governed by different Terms of Services. These TOS do not
apply to such other services.
Description of Service
HarleyDavidsonMan.com currently provides users with access to a rich
collection of resources. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including the
release of new HarleyDavidsonMan.com properties, shall be subject to the
TOS. You understand and agree that the Service is provided "AS-IS" and
that HarleyDavidsonMan.com assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings. You are responsible for obtaining access to the
Service and that access may involve third party fees (such as Internet
service provider or airtime charges). You are responsible for those fees,
including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the Service. Please be aware that
HarleyDavidsonMan.com has created certain areas on the Service that
contain adult or mature content. You must have attained the age of
majority in the province or territory in which you live to access and
view such Services and areas.
Your Registration Obligations
In consideration of your use of the Service, you agree to:
provide true, accurate, current and
complete information about yourself as prompted by the Service's
registration form (such information being the "Registration Data")
maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current
or incomplete, or HarleyDavidsonMan.com has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or
incomplete, HarleyDavidsonMan.com has the right to suspend or
terminate your account and refuse any and all current or future use
of the Service (or any portion thereof). HarleyDavidsonMan.com is
concerned about the safety and privacy of all its users, particularly
children. For this reason, parents who wish to allow their children
access to the Service should assist them in setting up any relevant
accounts and superv ise their access to the Service. By allowing your
child access to the Service, they will be able to access all of the
Services including, email, message boards and chat (among others).
Please remember that the Service is designed to appeal to a broad
audience. Accordingly, as the legal guardian, it is your
responsibility to determine whether any of the Services and/or
Content (as defined in Section 6 below) are appropriate for your
child.
HarleyDavidsonMan.com Privacy Policy
Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, see our full privacy policy
at http://www.HarleyDavidsonMan.com/privacy.html
Member Account, Password and Security
You will receive a password and account designation upon completing
the Service's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or account.
You agree to:
immediately notify
HarleyDavidsonMan.com of any unauthorized use of your password or
account or any other breach of security
ensure that you exit from your
account at the end of each session. HarleyDavidsonMan.com cannot and
will not be liable for any loss or damage arising from your failure
to comply with this Section 5.
Member Conduct
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content originated.
This means that you, and not HarleyDavidsonMan.com , are entirely
responsible for all Content that you upload, post, email, transmit or
otherwise make available via the Service. HarleyDavidsonMan.com does not
control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will
HarleyDavidsonMan.com be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available via the
Service. You agree to not use the Service to:
upload, post, email, transmit or
otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable
harm minors in any way
impersonate any person or entity,
including, but not limited to, a HarleyDavidsonMan.com official,
forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity
forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content
transmitted through the Service
upload, post, email, transmit or
otherwise make available any Content that you do not have a right to
make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements)
upload, post, email, transmit or
otherwise make available any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights
("Rights") of any party
upload, post, email, transmit or
otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those areas
(such as shopping forums) that are designated for such purpose
upload, post, email, transmit or
otherwise make available any material that contains software viruses
or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or
hardware or telecommunications equipment
disrupt the normal flow of dialogue,
cause a screen to "scroll" faster than other users of the Service are
able to type, or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges
interfere with or disrupt the Service
or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks
connected to the Service
intentionally or unintentionally
violate any applicable local, provincial, national or international
law, including, but not limited to, regulations promulgated by the
Ontario Securities Commission, any rules of any national or other
securities exchange, including, without limitation, the Toronto Stock
Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law
"stalk" or otherwise harass another
collect or store personal data about other users
You acknowledge that HarleyDavidsonMan.com does not pre-screen
Content, but that HarleyDavidsonMan.com and its designees shall have the
right (but not the obligation) in their sole discretion to refuse or move
any Content that is available via the Service. Without limiting the
foregoing, HarleyDavidsonMan.com and its designees shall have the right
to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard,
you acknowledge that you may not rely on any Content created by
HarleyDavidsonMan.com or submitted to HarleyDavidsonMan.com , including
without limitation information in HarleyDavidsonMan.com Message Boards
and in all other parts of the Service. You acknowledge and agree that
HarleyDavidsonMan.com may preserve Content and may also disclose Content
if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to:
comply with legal process
enforce the TOS
- <p style="margin-bottom: 0in">respond to claims that any Content
violates the rights of third-parties
- protect the rights, property, or personal safety of
HarleyDavidsonMan.com , its users and the public
You understand that the technical processing and transmission of the
Service, including your Content, may involve
transmissions over various networks
changes to conform and adapt to
technical requirements of connecting networks or devices
Special Admonitions For International Use
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from Canada or the country in
which you reside.
Content Submitted Or Made Available For Inclusion On The Service
HarleyDavidsonMan.com does not claim ownership of Content you submit
or make available for inclusion on the Service. However, with respect to
Content you submit or make available for inclusion on publicly accessible
areas of the Service, you grant HarleyDavidsonMan.com the following
world-wide, royalty free and non-exclusive license(s), as applicable.
With respect to photos, graphics, audio or video you submit or make
available for inclusion on publicly accessible areas of the Service, the
license to use, distribute, reproduce, modify, adapt, publicly perform
and publicly display such Content on the Service solely for the purpose
for which such Content was submitted or made available.
This license exists only for as long as you elect to continue to
include such Content on the Service and will terminate at the time
HarleyDavidsonMan.com removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video
you submit or make available for inclusion on publicly accessible areas
of the Service, the perpetual, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content (in whole or in part)
and to incorporate such Content into other works in any format or medium
now known or later developed. "Publicly accessible" areas of the Service
are those areas of the HarleyDavidsonMan.com network of properties that
are intended by HarleyDavidsonMan.com to be available to the general
public. By way of example, publicly accessible areas of the Service would
include HarleyDavidsonMan.com Message Boards and portions of
HarleyDavidsonMan.com Galleries,HarleyDavidsonMan.com Chat that are open
to both members and visitors. However, publicly accessible areas of the
Service would not include portions of HarleyDavidsonMan.com Galleries
that are limited to members, HarleyDavidsonMan.com services intended for
private communication such as HarleyDavidsonMan.com Mail, or areas off of
the HarleyDavidsonMan.com network of properties such as portions of World
Wide Web sites that are accessible through HarleyDavidsonMan.com but are
not hosted or served by HarleyDavidsonMan.com .
Indemnity
You agree to indemnify and hold HarleyDavidsonMan.com , and its parent
company, subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable legal fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the Service,
your use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
No Resale Of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
General Practices Regarding Use And Storage
You acknowledge that HarleyDavidsonMan.com may establish general
practices and limits concerning use of the Service, including without
limitation the maximum number of days that email messages, message board
postings or other uploaded Content will be retained by the Service, the
maximum number of email messages that may be sent from or received by an
account on the Service, the maximum size of any email message that may be
sent from or received by an account on the Service, the maximum disk
space that will be allotted on HarleyDavidsonMan.com 's servers on your
behalf, and the maximum number of times (and the maximum duration for
which) you may access the Service in a given period of time. You agree
that HarleyDavidsonMan.com has no responsibility or liability for the
deletion or failure to store any messages and other communications or
other Content maintained or transmitted by the Service. You acknowledge
that HarleyDavidsonMan.com reserves the right to log off accounts that
are inactive for an extended period of time. You further acknowledge that
HarleyDavidsonMan.com reserves the right to change these general
practices and limits at any time, in its sole discretion, with or without
notice.
Modifications To Service
HarleyDavidsonMan.com reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that
HarleyDavidsonMan.com shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service.
Termination
You agree that HarleyDavidsonMan.com , in its sole discretion, may
terminate your password, account (or any part thereof) or use of the
Service, and remove and discard any Content within the Service, for any
reason, including, without limitation, for lack of use or if
HarleyDavidsonMan.com believes that you have violated or acted
inconsistently with the letter or spirit of the TOS.
HarleyDavidsonMan.com may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice, and
acknowledge and agree that HarleyDavidsonMan.com may immediately
deactivate or delete your account and all related information and files
in your account and/or bar any further access to such files or the
Service. Further, you agree that HarleyDavidsonMan.com shall not be
liable to you or any third-party for any termination of your access to
the Service.
Dealings With Advertisers
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, WARRANTIES, REPRESENTATIONS AND CONDITIONSor representations
associated with such dealings, are solely between you and such
advertiser. You agree that HarleyDavidsonMan.com shall not be responsible
or liable for any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such advertisers on
the Service.
Links
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because HarleyDavidsonMan.com has no
control over such sites and resources, you acknowledge and agree that
HarleyDavidsonMan.com is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other materials on
or available from such sites or resources. You further acknowledge and
agree that HarleyDavidsonMan.com shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
HarleyDavidsonMan.com's Proprietary Rights
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by HarleyDavidsonMan.com or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or in
part. HarleyDavidsonMan.com grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software on
a single computer; provided that you do not (and do not allow any third
party to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access to
the Service. You agree not to access the Service by any means other than
through the interface that is provided by HarleyDavidsonMan.com for use
in accessing the Service.
Disclaimer Of Warranties, Representations
And Conditions You Expressly Understand And Agree That:
Your use of the service is at your
sole risk. The service is provided on an "as is" and "as available"
basis. HarleyDavidsonMan.com expressly disclaims all warranties,
representations and conditions of any kind, whether express or
implied, including, but not limited to the implied warranties,
representations and conditions of merchantability, fitness for a
particular purpose and non-infringement.
HarleyDavidsonMan.com makes no
warranty that
The service will meet your
requirements
The service will be
uninterrupted, timely, secure, or error-free
The results that may be obtained
from the use of the service will be accurate or reliable
The quality of any products,
services, information, or other material purchased or obtained by
you through the service will meet your expectations
Any errors in the software will
be corrected
Any material downloaded or otherwise
obtained through the use of the service is done at your own
discretion and risk and that you will be solely responsible for any
damage to your computer system or loss of data that results from the
download of any such material.
No advice or information, whether
oral or written, obtained by you from HarleyDavidsonMan.com or
through or from the service shall create any warranty not expressly
stated in the tos.
Limitation of Liability
You expressly understand and agree that harleydavidsonman.com shall not
be liable for any direct, indirect, incidental, special, consequential or
exemplary damages, including but not limited to, damages for loss of
profits, goodwill, use, data or other intangible losses (even if
harleydavidsonman.com has been advised of the possibility of such
damages), resulting from:
The use or the inability to use the
service The cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased or
obtained or messages received or transactions entered into through or
from the service Unauthorized access to or alteration of your
transmissions or data Statements or conduct of any third party on
the service Any other matter relating to the service
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties,
representations and conditions or the limitation or exclusion of
liability for incidental or consequential damages. Accordingly, some of
the above limitations of sections 17 and 18 may not apply to you.
Special Admonition For Services Relating To Financial Matters
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the above
Sections 17 and 18 again. They go doubly for you. In addition, for this
type of information particularly, the phrase "Let the investor beware" is
apt. The Service is provided for informational purposes only, and no
Content included in the Service is intended for trading or investing
purposes. HarleyDavidsonMan.com and its licensors shall not be
responsible or liable for the accuracy, usefulness or availability of any
information transmitted or made available via the Service, and shall not
be responsible or liable for any trading or investment decisions made
based on such information.
Notice
Notices to you may be made via either email or regular mail. The Service
may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service.
Trademark Information
HarleyDavidsonMan.com, the
HarleyDavidsonMan.com logo, HarleyDavidsonMan.com in Chinese Characters,
and other HarleyDavidsonMan.com logos and product and service names are
trademarks of HARLEYDAVIDSONMAN LTD. Without HarleyDavidsonMan.com's
prior permission, you agree not to display or use in any manner, the
HarleyDavidsonMan.com Marks.
Copyrights and Copyright Agents
HarleyDavidsonMan.com respects the intellectual property of others, and
we ask our users to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please provide
HarleyDavidsonMan.com's Copyright Agent the following information: an
electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
interest; a description of the copyrighted work or other intellectual
property that you claim has been infringed; a description of where the
material that you claim is infringing is located on the site; your
address, telephone number, and email address; a 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; a statement by you, made under
penalty of perjury, that the above information in your Notice is accurate
and that you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property owner's
behalf. HarleyDavidsonMan.com's Agent for Notice of claims of copyright
or other intellectual property infringement can be reached as follows:
- By mail:
- Copyright Agent c/o HarleyDavidsonMan.com Inc.
- 1820 45th St SE
- Calgary, Alberta T2B 1J7
- CA
- By phone:
- (403) 248-7309
- By email:
- dway@HarleyDavidsonMan.com
General Information
The TOS constitute the entire agreement between you and
HarleyDavidsonMan.com and govern your use of the Service, superceding any
prior agreements between you and HarleyDavidsonMan.com . You also may be
subject to additional terms and conditions that may apply when you use
affiliate services, third-party content or third-party software. The TOS
and the relationship between you and HarleyDavidsonMan.com shall be
governed by the laws of the province of Alberta and Canada without regard
to its conflict of law provisions. You and HarleyDavidsonMan.com agree to
submit to the personal and exclusive jurisdiction of the courts located
within the province of Alberta, Canada. The failure of
HarleyDavidsonMan.com to exercise or enforce any right or provision of
the TOS shall not constitute a waiver of such right or provision. If any
provision of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and
the other provisions of the TOS remain in full force and effect. You
agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the
TOS must be filed within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in the TOS are for
convenience only and have no legal or contractual effect.
Violations
Please report any violations of the TOS to our Administrators.
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