» Terms of Service |
Terms of Service
This website ("www.biker.ie") is operated by Biker.ie, Inc. Throughout the site, the terms “we”, “us”, and “our” refer to Biker.ie.
Biker.ie offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or using our service, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, tippers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
INTRODUCTION
biker.ie is a non-profit forum service that allows users to send voluntary donations through third-party payment processors. Our service also features a variety of tools and widgets that can utilize various data from our services.
USER TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SENDING TIPS
We allow you to send tips (also referred to as “donations”) through this Service using multiple payment methods. We reserve the right to change these payment methods at any time. We reserve the right to impose limits on the number of transactions you can send through our Service. When sending tips, the recipient is not required to accept or acknowledge them. You agree that you will not hold us liable for any unclaimed or unacknowledged tips.
By sending a tip or donation to the recipient, you agree that the card is your own and authorize us to charge each tip transaction in full. This charge is non-refundable, non-profitable, and/or exchangeable and cannot be withdrawn or charged back. You acknowledge that you are not receiving any goods/services in return for this tip.
You, the Tipper, have the option to pay for the processing fee at the point of the tip transaction. By checking the fee option, you agree to authorize us to deduct any associated processing fees as needed by the payment processor. Due to currency exchange discrepancy from our API and our payment processor’s API the total charge to the tipper may off by a minimal amount and any overcharged fees will be given to the streamer. If you decide not to opt in to pay the fee, the streamer is fully responsible for it.
THIRD PARTY SITE PROMOTIONS
When using biker.ie, you may have the option to utilize a third party site to earn credits for the use of biker.ie as well as other promotional offers. You authorize biker.ie to share information with these third party sites if you choose to take part in the promotion. You additionally agree to the Terms of Service of these third party sites when utilizing them, as well as the Terms of Service of biker.ie when leaving the biker.ie site to take part in the third party site’s interface to earn these credits or promotions. biker.ie and the third party service reserve the right to withhold points earned for any reason. biker.ie reserves the right to remove your account credit balance if you are in a breach of the Terms of Service, or suspected of a breach in the Terms of Service, on the third party site or on biker.ie.
You agree to pay all fees assessed by us to you for providing our payment processors services. Tippers have the option to pay for your fee at the point of the tip transaction. Due to currency exchange discrepancy from biker.ie’ API and our payment processor’s API the total charge to the tipper may off by a minimal amount and overcharged fees will be given to the streamer. If they decide not to opt in to pay the fee, you are fully responsible for it.
Chargebacks
In the event a Chargeback is issued, you are immediately liable for the full amount of the transaction related to the Chargeback. You are also liable for any associated fees, fines, expenses, or penalties. You agree that any associated fees, fines, or expenses will be deducted from your biker.ie balance (see Reserves).
For credit card tips, biker.ie will be elected to contest Chargebacks assessed against you. You agree to provide us with the necessary information, in a timely manner and at your expense, to investigate or help resolve any Chargeback. You also grant us permission to share records or other information required with financial institutions and Card Networks to help resolve any disputes. You acknowledge that your failure to provide us with complete and accurate information in a timely manner may result in an irreversible Chargeback being assessed. If the Chargeback is resolved in your favor, the Chargeback amount and any associated fees will be recovered to your biker.ie balance.
At any point our payment processors determine you are incurring excessive Chargebacks, your biker.ie account may results in additional controls and restrictions on your balance.
For Paypal tips, you are solely responsible for contesting Chargebacks and disputes. You are liable for any chargebacks or disputes that may occur thereafter in association with those transactions. We are not liable for any charges that may be incurred from these chargebacks or disputes.
Reserves
You agree that a 60 day reserve may be accounted on your balance to cover any Chargebacks at the point of credit card tip sign up. This reserve may decrease or increase depending on the history and activity of your account.
In certain circumstances, we may determine that a Reserve on your account is necessary to provide the payment services to you. You agree that biker.ie, in its sole discretion, will set the terms of a Reserve on your account, where needed. biker.ie will notify you of such terms, which may require that a certain amount (including the full amount) of the funds received for your transaction is held for a period of time or that additional amounts are held in a Reserve Account.
Withdrawal/Transfers
You may transfer funds from your available account balance once your bank account information is completely filled on your biker.ie account. Funds from credit card tips are only available for transfer through bank accounts. You agree to send any type of identification that is asked for in order to complete a withdrawal request. You agree to pay a fee for any withdrawal.
If bank account information and country of issuance is incorrect, you are subject to a delay in your withdrawal and/or account deletion. If country of issued bank account is incorrect, you will not be able to change it. You must contact biker.ie support immediately.
Handling of Funds
By accepting this agreement, you authorize us to hold, receive, and disburse funds on your behalf when such funds from the Card Networks are settled into your account. We may make available to you information in the biker.ie management Wifeboard regarding anticipated settlement amounts received on your behalf from the Card Networks and are being held pending settlement. This settlement information does not constitute a deposit or other obligation of biker.ie or our payment processor to you. This settlement information reflected in the biker.ie management Wifeboard is for reporting and informational purposes only, and you are not entitled to, and have no ownership or other rights in settlement funds, until such funds are credited to your designated bank settlement account. Your authorizations set forth herein will remain in full force and effect until your biker.ie account is closed or terminated.
Fees
You agree to pay all fees assessed by us to you for providing our payment processors services. Tippers have the option to pay for your fee at the point of the tip transaction. Due to currency exchange discrepancy from biker.ie’ API and our payment processor’s API the total charge to the tipper may off by a minimal amount and overcharged fees will be given to the streamer. If they decide not to opt in to pay the fee, you are fully responsible for it.
Your Privacy
Your privacy is important to us, and you acknowledge that you have read in full agreement to our Privacy Policy.
TIPPERS
Registration
By sending a tip to the recipient, you agree that the card is your own and authorize biker.ie to charge each tip transaction in full. This charge is non-refundable, non-profitable, and/or exchangeable and cannot be withdrawn or charged back. You acknowledge that you are not receiving any goods/services in return for this tip.
Sending Tips/Donations
biker.ie allows users to send tips through third party payment processors. We reserve the right to add or remove support for these third party payment processors at any time. The recipient of tips are not required to acknowledge or accept them. You agree that you will not hold biker.ie liable for any unclaimed or unacknowledged tips.
Fees
You, the Tipper, have the option to pay for the processing fee at the point of the tip transaction. By checking the fee option, you agree to authorize biker.ie to deduct any associated processing fees as needed by the payment processor. Due to currency exchange discrepancy from biker.ie’ API and our payment processor’s API the total charge to the tipper may off by a minimal amount and any overcharged fees will be given to the streamer. If you decide not to opt in to pay the fee, the streamer is fully responsible for it.
Your Privacy
Your privacy is important to us, and you acknowledge that you have read in full agreement to our Privacy Policy.
CAMPAIGNS (PUBLISHER) TERMS
biker.ie’ ad campaign platform, (herein called “OpenAlerts” within this clause) allows for you, (herein for this clause referred to as the “Publisher”), to engage as a publisher
By accepting the Terms of the Agreement, agree to the following:
(a) represents and warrants that Publisher is of at least 18 years of age;
(b) agrees to provide accurate, current and complete information about Publisher as prompted by the Account Registration Form or creation;
(c) agrees to maintain and update this information to keep it accurate, current and complete;
If any information provided by Publisher is inaccurate, not current or incomplete, biker.ie has the right to terminate Publisher’s account.
1.3. By completing the account registration process, and clicking the “register” button, Publisher agrees to be bound by this agreement and acknowledges the establishment of an account on behalf of such Publisher (the “Account”).
1.4 Publisher agrees to not engage in Prohibited Uses, as outlined below.
1.5 Publisher agrees that if there is a breach of this Terms of Service, that OpenAds reserves the right to terminate Publisher’s account, and withhold any earnings.
CREDIT CARD TERMS
biker.ie utilizes third party service Stripe to process credit cards. By agreeing to biker.ie’ Terms of Service, you are also agreeing to Stripe’s Terms of Service, located at https://stripe.com/us/terms.
In the event a Chargeback is issued, you are immediately liable for the full amount of the transaction related to the Chargeback. You are also liable for any associated fees, fines, expenses, or penalties. You agree that any associated fees, fines, or expenses will be deducted from your biker.ie or Campaign balance.
At any point our payment processors determine you are incurring excessive Chargebacks, your biker.ie account may results in additional controls and restrictions on your balance.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete, and accurate purchase and account information for all transactions occurring on our Service. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.
TAXES
You are responsible to determine if any taxes apply to the tips sent or received using our Service. You are responsible for any taxes applicable to earnings.
It is your responsibility to correctly collect and report taxes to your local tax authority. We are not responsible for taxes arising from any transactions sent through this Service.
OPTIONAL TOOLS
We may provide you with access to third-party tools of which we neither monitor nor have control over.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We 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 also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the service is governed by our Privacy Policy, which is available on our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. (l) for any campaign that you partake in as a publisher, we reserve the right to review the campaign, your content, your materials in connection with the campaign, and reserve the right to remove you from said campaign at our sole discretion. (m) for viewbotting in connection to a Campaign, if we determine or assume that your account has taken part in viewbotting, whether by third parties our yourself, we reserve the right to ban your account and remove your earnings at our sole discretion.
We reserve the right to terminate your use of the Service, Campaign or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall biker.ie Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless biker.ie, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to [email protected]
Intellectual Property Rights
The Content on the Websites, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the "Intellectual Property"), are owned by or licensed to biker.ie, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Websites is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. biker.ie reserves all rights not expressly granted in and to the Websites and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Websites or the Intellectual Property therein.
Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant to biker.ie, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sub-licenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.
In addition, you agree that any User Submissions you submit shall not contain any material that is, in the sole and absolute discretion of biker.ie, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to biker.ie, may result in account suspension or termination.
We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms of Use and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.
Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.
You represent and warrant that you have all rights necessary to grant to biker.ie the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Websites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Please see the following requirements and specific instructions for submitting a notice to biker.ie.
Notification: If you believe that your copyright-protected work has been copied and posted on the Websites in a way that constitutes copyright infringement, then please contact biker.ie’s DMCA Agent with the following information (please consult your attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws):
Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
Your contact information so that we can contact you (for example, your address, telephone number, email address);
A statement that you have a good faith belief that the use of the material identified in sub-section ii above is not authorized by the copyright owner, its agent, or the law;
A written statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
Your physical or electronic signature.
Counter-Notification: If material that you have posted to the Website has been taken down, you may file a counter-notification that contains the following details:
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
Your name, address and telephone number;
A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which biker.ie, may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability. Please also be advised that we enforce a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more postings for which we receive a notice of infringement under this DMCA Notice and Takedown Procedure.
Biker.ie’s DMCA Agent for Notice of claims of copyright infringement should be contacted only for the purposes set forth above. ALL OTHER INQUIRIES DIRECTED TO biker.ie ’S DMCA AGENT WILL NOT BE ANSWERED. MISUSE OF THE DMCA CAN SUBJECT YOU TO LIABILITY.
Disputes - ARBITRATION
Before bringing a formal legal case, please first try contacting our Customer Support team. Most disputes can be resolved that way.
To the extent permitted under applicable law, any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Websites (including all commercial transactions conducted through the Website) ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and biker.ie waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in San Francisco, California, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of California, provided that:
The arbitrator shall not have authority to award punitive damages; and
Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and biker.ie agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within San Francisco County, California (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and biker.ie waive any and all rights to trial by jury with respect to any Claims.
In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this Agreement to arbitrate and the Forum to which the parties have herein agreed.
NO CLASS ACTIONS. We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither you nor biker.ie can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other biker.ie users, and cannot be used to decide other disputes with other users. If a court decides that this subsection on "No Class Actions" is not enforceable or valid, then the entire section covering Disputes will be null and void, but, the rest of the terms of these Terms of Use will still apply.
Miscellaneous
These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and biker.ie that arises in whole or in part from the Terms of Use, the Websites or any Contest shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California.
Nothing in the Terms of Use shall create or confer any rights or other benefits in favour of any third parties except as specifically provided herein. By participating in any Contest on the Websites, you agree to indemnify, protect, defend and hold harmless biker.ie, its parents, subsidiaries, affiliates and divisions, and their respective directors, officers, employees, agents and representatives, from and against any and all third party claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgements and expenses, including reasonable attorneys’ fees, court costs and other legal expenses including, without limitation, those costs incurred at the trial and appellate levels and in any bankruptcy, reorganization, insolvency or other similar proceedings, and any other legal expenses (collectively, "Claims") arising from or connected with your use of the Websites, any payment methods used, any funding of your account, and/or your participation in any Contest. The Websites may contain links to third party websites that are not owned or controlled by biker.ie. biker.ie has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, biker.ie will not and cannot censor or edit the content of any third-party site. By using the Websites, you expressly relieve biker.ie from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Websites and to read the terms and conditions and privacy policy of each other website that you visit.
Nothing in the Terms of Use shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and biker.ie.
No professional or amateur sports league or any team associated with any professional or amateur sports league is associated with biker.ie or in any way affiliated or associated with the Contests.
Third-party online publishers that refer users to the biker.ie website shall not be responsible or liable for the biker.ie website or any of the content, software, or functions made available on, or accessed through, or sent from, the biker.ie website.
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and biker.ie' failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Biker.ie reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. If you continue to use the Services after we change the Terms of Use, you accept all changes. The failure of biker.ie to comply with any provision of these Terms of Use due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Company (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of Use.
By using this site you agree to abide by our board rules ; http://www.biker.ie/index.php?page=rules
If you do not agree to abide by the forum rules and/or with the data practices described in our privacy policy, please do not use the site.
|
|
