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 the terms and conditions contained in this document 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 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 available only to individuals over the age of 13.

1. Your account and Paddockmotorbike.com site. 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 illegal 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 illegal, or that might otherwise cause Paddock Motorbike liability. You must immediately notify Paddock Motorbike of any unauthorized use of your blog, account, or any other security breach. Paddock Motorbike will not be responsible for any act or omission by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of contributors. If you manage a blog, comment on a blog, post material on the website, post links on the website, or place (or allow a third party to place) material available through the website (such material, “Content”), you will be solely responsible for the content and any damage resulting from such content. This applies regardless of whether the content is in the form of text, graphics, an audio file, or software. By making the content available, you represent and warrant that:

• The download, copying, and use of the content will not infringe the intellectual property rights of third parties, including, without limitation, copyright, patents, trademarks, or trade secrets;
• If your employer holds rights to the intellectual property you create, you (i) have received permission from your employer to publish or make the content available, including, without limitation, any software, or (ii) have obtained from your employer a waiver of all rights to the content;
• You have fully complied with any third-party licenses related to the content and have done everything necessary to successfully transmit the required terms to the end users;
• The content does not contain or install viruses, worms, malware, trojans, or other harmful or destructive content;
• The content is not spam, 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 ranking of third-party sites, or promote unlawful acts (such as phishing) or deceive recipients about the source of the material (such as spoofing);
• The content is not pornographic, does not contain threats, nor incites violence against persons or entities, and does not violate third-party privacy or publicity rights;
• Your blog does not receive advertising through unsolicited emails, such as spam links in news groups, email lists, other blogs, and websites, and similar unsolicited promotional methods;
• Your blog does not have a name that misleads readers into believing you are someone else or a different company. For example, the URL or the name of your blog is not the name of a person other than yourself or a company other than your own;
• You have accurately categorized and/or described, in the case of content that includes computer code, the type, nature, uses, and effects of the materials, whether or not Paddock Motorbike requests it.

By submitting content to Paddock Motorbike for inclusion on its website, you grant Paddock Motorbike a worldwide, royalty-free, non-exclusive license to reproduce, modify, adapt, and publish the content solely for the purpose of displaying, distributing, and promoting your blog. If you remove content, Paddock Motorbike will make reasonable efforts to remove it from the website, but you acknowledge that caching or references to the content may not be immediately available.

Without limiting any of those representations or warranties, Paddock Motorbike has the right (but not the obligation), at its sole discretion, (i) to reject or remove any content that, in Paddock Motorbike’s reasonable opinion, violates any policy of Paddock Motorbike or is otherwise harmful or objectionable, or (ii) to terminate or deny access and use of the Website to any individual or entity for any reason, at Paddock Motorbike’s sole discretion. Paddock Motorbike will have no obligation to provide a refund of any amount previously paid.

3. 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 update and will cover the use of that service during 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 wish to cancel a subscription, your subscription will automatically renew, and you authorize us to charge the applicable annual or monthly subscription fee at that time for such subscription (as well as any tax) using any credit card or other payment method we have on file for you. Subscriptions can be canceled at any time by sending your request in writing to Paddock Motorbike.

4. Services. Fees; Payment. By registering 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 set up and in advance for the use of such services. Paddock Motorbike reserves the right to modify payment terms and fees with thirty (30) days’ prior written notice to you. Services may be canceled by you at any time with thirty (30) days’ written notice to Paddock Motorbike. Support. If your service includes access to priority email support, “Email Support” means the ability to make technical assistance requests via email at any time (with reasonable efforts by Paddock Motorbike to respond within one business day) regarding the use of VIP Services. “Priority” means that support takes precedence over support for standard or free Paddockmotorbike.com services. All support will be provided in accordance with the standard service practices, procedures, and policies of Paddock Motorbike.

5. Responsibility of website visitors. Paddock Motorbike has not reviewed, and cannot review, all material, including computer software, posted on the Website, and therefore cannot be responsible for the content, use, or effects of such material. In operating the Website, Paddock Motorbike does not represent or imply that it endorses the material posted there, or that it believes such material is accurate, useful, or non-harmful. You are responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, trojans, and other harmful or destructive content. The Website may include offensive, indecent, or objectionable content, as well as technical inaccuracies, typographical errors, and other issues. The Website may also contain material that violates privacy or publicity rights, or infringes intellectual property and other proprietary rights of third parties, or whose download, copying, or use is subject to additional terms and conditions, whether declared or not. Paddock Motorbike disclaims any responsibility for any damage resulting from the use by visitors of the Website, or from any download by such visitors of the materials posted there.

6. Content posted on other websites. We have not reviewed, and cannot review, all material, including computer software, made available through the websites and web pages to which Paddockmotorbike.com links, and that link to Paddockmotorbike.com. Paddock Motorbike has no control over those non-Paddock Motorbike websites and web pages, and is not responsible for their content or 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 the necessary precautions to protect yourself and your computer systems from viruses, worms, trojans, and other harmful or destructive content. Paddock Motorbike disclaims any responsibility for any damage resulting from your use of non-Paddock Motorbike websites and web pages.

7. Copyright infringement and DMCA policy. Just 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 Canaryride.com violates your copyrights, 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, where necessary or appropriate, removing the infringing material or disabling all links to the infringing material. Paddock Motorbike will terminate the access and use of the Website by a visitor if, in appropriate circumstances, it is determined that the visitor is a repeat infringer of Paddock Motorbike’s or third parties’ copyrights or other intellectual property rights. In such termination, Paddock Motorbike will have no obligation to provide a refund of any amounts previously paid to Paddock Motorbike.

8. Intellectual property. This Agreement does not transfer from Paddock Motorbike to you any intellectual property of Paddock Motorbike or third parties, and all rights, titles, and interests in such property will remain (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 does not grant you any right or license to reproduce or use any Paddock Motorbike or third-party trademarks.

9. Advertising. Paddock Motorbike reserves the right to display ads on your blog unless you have purchased an ad-free account.

10. Attribution. Paddock Motorbike reserves the right to display attribution links as « Blog on Paddockmotorbike.com, » the theme author, and the source attribution at the footer of your blog or toolbar.

11. Partner products. By activating a partner product (such as a theme) from one of our partners, you agree to the terms of service of that partner. You can opt out of those terms by deactivating the partner product at any time.

12. Domain names. If you are registering a domain name, using, or transferring a previously registered domain name, you acknowledge and agree that the use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including the Uniform Domain Name Dispute Resolution Policy.

13. Changes. Paddock Motorbike reserves the right to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. 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.

14. 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. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Limitation of warranties. The Website 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 from, or otherwise obtain content or services through, the Website at your own discretion and risk.

16. 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 indirect, incidental, special, consequential, or punitive damages, or (ii) any loss of profit or revenues, whether incurred directly or indirectly, or (iii) any loss of data, use, goodwill, or other intangible losses, even if Paddock Motorbike has been advised of the possibility of such damages. Paddock Motorbike’s liability for direct damages shall be limited to the amount paid by you to Paddock Motorbike for the particular service or product that gave rise to the liability.

17. General representation and warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Paddock Motorbike 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 (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

18. Indemnification. You agree to indemnify and hold harmless Paddock Motorbike, its contractors, and its licensors, and their respective directors, officers, employees, agents, and representatives, 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.

19. Miscellaneous. This Agreement constitutes the entire agreement between Paddock Motorbike and you concerning the subject matter hereof, and it 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 as otherwise provided in this Agreement, neither party may assign or transfer this Agreement or any rights or obligations hereunder, in whole or in part, without the prior written consent of the other party. This Agreement will be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.

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