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AGREEMENT BETWEEN USER AND ZombieRiders
Motorcycle Club
The ZombieRiders
Motorcycle Club Web Site is comprised of
various Web pages operated by ZombieRiders Motorcycle Club.
The ZombieRiders
Motorcycle Club Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein.
Your use of the ZombieRiders Motorcycle Club Web Site constitutes your agreement to
all such terms, conditions, and notices.
MODIFICATION
OF THESE TERMS OF USE
ZombieRiders
Motorcycle Club reserves the right
to change the terms, conditions, and notices under which the ZombieRiders Motorcycle
Club Web Site is offered, including but not limited to the charges
associated with the use of the ZombieRiders Motorcycle Club Web Site.
LINKS TO THIRD PARTY SITES
The ZombieRiders
Motorcycle Club Web Site may contain links to other Web Sites ("Linked Sites"). The Linked
Sites are not under the control of ZombieRiders Motorcycle Club and ZombieRiders
Motorcycle Club is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. ZombieRiders Motorcycle Club is not responsible for
webcasting or any other form of transmission received from any Linked Site. ZombieRiders
Motorcycle Club is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by ZombieRiders Motorcycle
Club of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your
use of the ZombieRiders Motorcycle Club Web Site, you warrant to ZombieRiders
Motorcycle Club that you will not use the ZombieRiders
Motorcycle Club Web Site for
any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the ZombieRiders Motorcycle Club Web Site in any manner
which could damage, disable, overburden, or impair the ZombieRiders Motorcycle
Club
Web Site or interfere with any other party's use and enjoyment of the ZombieRiders
Motorcycle Club Web Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided
for through the ZombieRiders Motorcycle Club Web Sites.
USE OF COMMUNICATION SERVICES
The ZombieRiders
Motorcycle Club Web Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other message
or communication facilities designed to enable you to communicate with the
public at large or with a group (collectively, "Communication Services"), you
agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication
Service. By way of example, and not as a limitation, you agree that when using a
Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
- Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you own
or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer.
- Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such
messages.
- Conduct or forward surveys, contests, pyramid schemes or chain
letters.
- Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such
manner.
- Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication
Services.
- Violate any code of conduct or other guidelines which may be applicable for
any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
- Violate any applicable laws or regulations.
ZombieRiders
Motorcycle Club has no obligation to monitor the Communication Services. However, ZombieRiders
Motorcycle Club reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. ZombieRiders Motorcycle
Club reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason
whatsoever.
ZombieRiders Motorcycle Club reserves the right at all times to
disclose any information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, in ZombieRiders Motorcycle
Club's sole discretion.
Always use caution when giving out any personally
identifying information about yourself or your children in any Communication
Service. ZombieRiders Motorcycle Club does not control or endorse the content,
messages or information found in any Communication Service and, therefore, ZombieRiders
Motorcycle Club specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized ZombieRiders Motorcycle
Club spokespersons, and their views do not necessarily reflect those
of ZombieRiders Motorcycle Club.
Materials uploaded to a Communication
Service may be subject to posted limitations on usage, reproduction and/or
dissemination. You are responsible for adhering to such limitations if you
download the materials.
MATERIALS PROVIDED TO ZombieRiders
Motorcycle Club OR POSTED AT ANY ZombieRiders
Motorcycle Club WEB
SITE
ZombieRiders Motorcycle Club does not claim ownership of the
materials you provide to ZombieRiders Motorcycle Club (including feedback and
suggestions) or post, upload, input or submit to any ZombieRiders Motorcycle
Club
Web Site or its associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your Submission you are
granting ZombieRiders Motorcycle Club, its affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation
of their Internet businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the
use of your Submission, as provided herein. ZombieRiders Motorcycle Club is under
no obligation to post or use any Submission you may provide and may remove any
Submission at any time in ZombieRiders Motorcycle Club's sole discretion.
By
posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE ZombieRiders Motorcycle Club WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ZombieRiders
Motorcycle Club AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
ZombieRiders Motorcycle Club WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE ZombieRiders
Motorcycle Club WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ZombieRiders Motorcycle
Club
AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE ZombieRiders Motorcycle Club WEB
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ZombieRiders Motorcycle
Club
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZombieRiders Motorcycle Club AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE ZombieRiders Motorcycle Club WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE ZombieRiders Motorcycle Club WEB SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE ZombieRiders Motorcycle Club WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE ZombieRiders Motorcycle Club WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ZombieRiders Motorcycle Club OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ZombieRiders Motorcycle
Club
WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE ZombieRiders Motorcycle Club WEB SITE.
SERVICE
CONTACT : <bigdaddy@zombieriders.com>
TERMINATION/ACCESS
RESTRICTION
ZombieRiders Motorcycle
Club reserves the right, in its
sole discretion, to terminate your access to the ZombieRiders Motorcycle Club Web
Site and the related services or any portion thereof at any time, without
notice. GENERAL To the maximum extent permitted by law, this agreement is
governed by the laws of the State of Texas, U.S.A. and you hereby consent
to the exclusive jurisdiction and venue of courts in Grayson County, Texas,
U.S.A. in all disputes arising out of or relating to the use of the ZombieRiders
Motorcycle Club Web Site. Use of the ZombieRiders
Motorcycle Club Web Site is
unauthorized in any jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship
exists between you and ZombieRiders Motorcycle Club as a result of this agreement
or use of the ZombieRiders Motorcycle Club Web Site. ZombieRiders Motorcycle
Club's
performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of ZombieRiders Motorcycle
Club's right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the ZombieRiders Motorcycle Club Web Site or
information provided to or gathered by ZombieRiders Motorcycle Club with respect to
such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the user and
ZombieRiders Motorcycle Club with respect to the ZombieRiders Motorcycle Club Web Site
and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and ZombieRiders Motorcycle
Club with respect to the ZombieRiders
Motorcycle Club Web Site. A printed version
of this agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
agreement to the same extent an d subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND
TRADEMARK NOTICES:
All contents of the ZombieRiders
Motorcycle Club
Web Site are: Copyright 2009 © ZombieRiders.com / ZombieRidersMC.com and/or its suppliers. All
rights reserved.
TRADEMARKS ZombieRiders
MC
and the ZRMC logo are trademarks
of ZombieRiders MC and may not
be copied, imitated or used,
in whole or in part, without
the prior written permission
of ZRMC
The names
of actual companies and products mentioned herein may be the trademarks of their
respective owners.
The example companies, organizations, products, people
and events depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be
inferred.
Any rights not expressly granted herein are
reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code,
Section 512(c)(2), notifications of claimed copyright infringement under United
States copyright law should be sent to Service Provider's Designated Agent. ALL
INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See
Notice and Procedure for Making Claims of Copyright Infringement. |
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