WEBSITE TERMS OF USE
NOTICE
Defiant Ones Motorcycle Association, LLC (“DOMA®”) and its affiliates is providing this website (the “Site”) to you subject to the following terms (“Terms”). These Terms should be read carefully as they exclude or limit DOMA®’s liability and set forth the terms and conditions which apply to your use of the Site. By using the Site, you agree to be bound by these Terms. If, at any time, the provisions of these Terms are not acceptable to you or if you do not agree to be bound by these Terms, please discontinue your use of the Site. Throughout the Site, the terms “we,” “us” and “our” refer to DOMA® and DEFIANT ONES MOTORCYCLE ASSOCIATION, LLC, LLC. DOMA® offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein, on the Site and/or any other relevant terms and conditions provided to you. Your continued use of the Site constitutes your agreement to all such terms, conditions, policies, and notices.
LINKS
This Site includes links to other Sites, some of them operated by us and some of them operated by third parties (“Third-Party Sites.”) These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all of the information on any Third-Party Sites and Third-Party Sites may contain information with which we do not agree. Neither DOMA®, nor its suppliers or agents, operates or controls, in any respect, any information, products, or services on these Third-Party Sites, and DOMA® makes no representations or warranties and expressly disclaims any representations or warranties with respect to any information, products, or services provided on or made available through these Third-Party Sites. You expressly agree that DOMA® is not responsible for any losses or damages in connection with the information, security, privacy practices, availability, content, or accuracy of materials of such Third-Party Sites. The provision of hypertext links to these Third-Party Sites is not a guarantee or endorsement of the products, services, information, or recommendations of such Third-Party Sites, and DOMA® is not liable for any reliance upon or the failure of any products or services advertised on these or any other Third-Party Sites. Also, Third-Party Sites may have a privacy policy different from that of DOMA® and Third-Party Sites may provide less security than this Site.
ACCURACY, COMPLETENESS AND TIMELINESS ON THIS SITE
We are not responsible if information we make 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 basis for making significant decisions without consulting primary or more accurate, more complete, or more timely 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 the Site. You agree that it is your responsibility to monitor changes to the Site.USE OF MATERIAL FROM THIS SITE
This Site (including but not limited to software, files, graphics, and data found on the Site) is the property of and owned by DOMA® or its agents and suppliers. It is protected by copyright, trademark and other laws of the United States and other countries. You may display and electronically copy, download, and print hard copy versions of the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you copy, download or print. DOMA®, its agents and suppliers retain full and complete title to the material and to any and all of the associated intellectual property rights, including without limitation, any derivative works. Any other use of the material on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, is expressly prohibited.
MATERIAL YOU SUBMIT
You acknowledge and agree that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality, and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site. If you do submit material, and unless we indicate otherwise, you grant DOMA®, its agents, and suppliers, a nonexclusive, royalty-free, perpetual, irrevocable, transferable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media . You grant DOMA® the right to use the name you submit in connection with such content if they so choose. All personal information provided via this Site will be handled in accordance with the Site’s Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify DOMA®, its agents and suppliers for any and all claims resulting from any material and content you supply.
TRADEMARKS AND COPYRIGHTS
This Site features trademarks, service marks and logos that are the property of DOMA®. The Site also may include trademarks, service marks or logos of other third parties. All these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner. This Site and all its contents, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
INTELLECTUAL PROPERTY RIGHTS OF OTHERS
We respect the intellectual property rights of others and request that our visitors do the same. Pursuant to Section 512(c) of the Digital Millennium Copyright Act (DMCA), Title 17, United States Code, a copyright owner or its authorized agent may submit a notification for believed copyright infringement based on material that is residing on the Site if you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:
DEFIANT ONES MOTORCYCLE ASSOCIATION, LLC Attn: Legal Department 162 Highland Street, Lunenburg, MA 01462
The notification must include ALL of the followings
- A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf:
- A description of the copyrighted work you claim has been infringed
- A description of where the material you claim is infringing is located on the Site;
- Your name, address, telephone number, email address and all other information reasonably sufficient to permit DOMA® to contact you;
- 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; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. DOMA®, AND DEFIANT BRANDS, LLC, ITS AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS OR THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOMA® AND DEFIANT BRANDS, LLC, IT’S AGENTS OR SUPPLIERS, OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. DOMA® AND DEFIANT BRANDS, LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER DOMA®, NOR ITS AGENTS OR SUPPLIERS OR THIRD-PARTY PROVIDERS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY THIRD-PARTY SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US OR YOU USE OF THE SITE OR THIRD-PARTY SITE. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless DOMA®, LLC, its agents and suppliers and its and their officers, directors, employees, contractors, agents, and licensors, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.