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Terms and conditions:
The following terms and conditions govern all use of the Paddockmotorbike.com website and all content, services and products available on or through the website (collectively, the Website). The Website is owned and operated by Paddock Motorbike. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Paddock Motorbike's Privacy Policy) and procedures that may be published from time to time on this Site by Paddock Motorbike (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions of this Agreement, you may not access the Website or use any of its services. If these terms and conditions are considered an offer by Paddock Motorbike, acceptance is expressly limited to these terms. The Website is only available to persons over the age of 13.
- Your Paddockmotorbike.com account and website. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Paddock Motorbike may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Paddock Motorbike liability. You must immediately notify Paddock Motorbike of any unauthorized uses of your blog, your account or any other breaches of security. Paddock Motorbike will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of employees. If you operate a blog, comment on a blog, post material on the Website, post links on the Website or make (or allow any third party to make) material available through the Website (such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, such Content. This is so regardless of whether the Content in question constitutes text, graphics, an audio file or a computer program. By making the Content available, you represent and warrant that:
- downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to copyrights, patents, trademarks or trade secrets, of any third party;
- if your employer has rights in intellectual property created by you, you (i) have received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) have obtained from your employer a waiver of all rights in the Content;
- has fully complied with the third party licences related to the Content and has done everything necessary to successfully convey the required conditions to end-users;
- the Content does not contain or install viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not automatically or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or improve the search engine rankings of third party sites, or to promote illegal acts (such as phishing) or to mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence against persons or entities, and does not violate the privacy or publicity rights of any third party;
- that your blog does not receive advertising through unsolicited electronic messages, such as spam links in newsgroups, mailing lists, other blogs and websites, and similar unsolicited promotional methods;
- your blog does not have a name that misleads your readers into believing that you are another person or company. For example, the URL or name of your blog is not the name of a person other than you or a company other than your own; and
- has categorised and/or accurately described, in the case of Content that includes computer code, the type, nature, uses and effects of the materials, whether or not Paddock Motorbike asks you to do so.
By submitting Content to Paddock Motorbike for inclusion on your Website, you grant Paddock Motorbike a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Paddock Motorbike will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Paddock Motorbike has the right (though not the obligation) to, in Paddock Motorbike's sole discretion (i) refuse or remove any content that, in Paddock Motorbike's reasonable opinion, violates any Paddock Motorbike policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Paddock Motorbike's sole discretion. Paddock Motorbike will have no obligation to provide a refund of any amounts previously paid.
- Payment and renewal.
- General conditions.
By selecting a product or service, you agree to pay Paddock Motorbike the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged in advance on the day you subscribe to an upgrade and will cover your use of that service for a monthly or annual subscription period, as indicated. Payments are non-refundable. - Automatic renewal.
Unless you notify Paddock Motorbike before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Paddock Motorbike in writing.
- General conditions.
- Services.
- Fees; Payment. By signing up for a Services account, you agree to pay Paddock Motorbike the applicable setup fees and recurring fees. The applicable fees will be billed from the day your Services are established and in advance of your use of such Services. Paddock Motorbike reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services may be cancelled by you at any time upon thirty (30) days prior written notice to Paddock Motorbike.
- Assistance. If your service includes access to priority email support. "Email support" means the ability to make requests for technical assistance by email at any time (with reasonable efforts by Paddock Motorbike to respond within one business day) in connection with the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free Paddockmotorbike.com Services. All support will be provided in accordance with Paddock Motorbike's standard services practices, procedures and policies.
- Responsibility of website visitors. Paddock Motorbike has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Paddock Motorbike does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. The Website may contain content that is offensive, indecent or objectionable, as well as technical inaccuracies, typographical and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Paddock Motorbike disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content published on other websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Paddockmotorbike.com links, and that link to Paddockmotorbike.com. Paddock Motorbike does not have any control over those non-Paddock Motorbike websites and webpages, and is not responsible for their contents or their use. By linking to a non-Paddock Motorbike website or webpage, Paddock Motorbike does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Paddock Motorbike disclaims any responsibility for any harm resulting from your use of non-Paddock Motorbike websites and webpages.
- Copyright infringement and DMCA policy. As Paddock Motorbike asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Canaryride.com violates your copyright, you are encouraged to notify Paddock Motorbike in accordance with Paddock Motorbike's Digital Millennium Copyright Act ("DMCA") Policy. Paddock Motorbike will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Paddock Motorbike will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Paddock Motorbike or others. In the case of such termination, Paddock Motorbike will have no obligation to provide a refund of any amounts previously paid to Paddock Motorbike.
- Intellectual property. This Agreement does not transfer from Paddock Motorbike to you any Paddock Motorbike or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Paddock Motorbike. Paddock Motorbike, Paddockmotorbike.com, the Paddockmotorbike.com logo, and all other trademarks, service marks, graphics and logos used in connection with Paddockmotorbike.com, or the Website are trademarks or registered trademarks of Paddock Motorbike or Paddock Motorbike's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be trademarks of third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Paddock Motorbike or third-party trademarks.
- Advertising. Paddock Motorbike reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Paddock Motorbike reserves the right to display attribution links such as 'Blog at Paddockmotorbike.com,' theme author, and font attribution in your blog footer or toolbar.
- Partner products. By activating a partner product (e.g. a theme) of one of our partners, you agree to the terms of service of that partner. You can waive your terms of service at any time by deactivating the associated product.
- Domain names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including its Registration Rights and Responsibilities.
- Modifications. Paddock Motorbike reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check periodically for changes to this Agreement. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Paddock Motorbike may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Paddock Motorbike may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Paddockmotorbike.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account may only be terminated by Paddock Motorbike if you materially breach this Agreement and fail to cure such breach within thirty (30) days of Paddock Motorbike's notice to you; provided that, Paddock Motorbike may terminate the Website immediately as part of a general shutdown of our service. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification and limitations of liability.
- Exclusion of guarantees. The Web Site is provided "as is". Paddock Motorbike and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Paddock Motorbike nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download or otherwise obtain content or services through the Website at your own discretion and risk.
- Limitation of liability. In no event will Paddock Motorbike, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Paddock Motorbike under this agreement during the twelve (12) month period prior to the cause of action. Paddock Motorbike shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General declaration and warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with Paddock Motorbike's Privacy Policy, with this Agreement and with all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city or other governmental area, regarding online conduct and acceptable content, and including all laws applicable to the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Compensation. You agree to indemnify and hold Paddock Motorbike, its contractors and its licensors, and their respective directors, officers, employees and agents harmless from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Various. This Agreement constitutes the entire agreement between Paddock Motorbike and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Paddock Motorbike, or by the posting by Paddock Motorbike of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Santa Cruz de Tenerife, Spain, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Santa Cruz de Tenerife, Spain. Except for claims for injunctive or equitable relief or claims relating to intellectual property rights (which may be brought in any court of competent jurisdiction without the posting of a bond), any dispute arising under this Agreement shall be finally resolved in accordance with the General Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with those Rules. The arbitration shall take place in Santa Cruz de Tenerife, Spain, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the original intent of the parties, and the remaining parts shall remain in full force and effect. The waiver by either party of any term or condition of this Agreement or the breach thereof, in a single instance, shall not constitute a waiver of such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Paddock Motorbike may assign its rights under this Agreement without condition. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns.