ROCKMOTO COMMUNITY GUIDELINES AND TERMS OF SERVICE 12/04/08
These Rules apply to all Visitors and Members of www.rockmoto.com. Questions regarding interpretation and application of these Rules should be directed to:
info@rockmoto.com.
This Terms Of Service Agreement sets forth the legally binding terms for your use of the RockMoto website. By using the RockMoto website, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the RockMoto website, including through a mobile device, or otherwise use the RockMoto website without being registered) or you are a "Member" (which means that you have registered with RockMoto). You are only authorized to use the RockMoto website if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the RockMoto website and discontinue use of its features immediately. If you wish to become a Member, communicate with other Members and/or make use of the RockMoto website features, you must read this Agreement and indicate your acceptance during the registration process.
ROCKMOTO CONTENT
RockMoto* owns all RockMoto-created videos, photos, and text it posts on this website. No RockMoto-created materials shall be copied, re-posted, or re-transmitted without the express written consent of RockMoto, unless otherwise noted on this website.
MEMBER CONTENT
You shall be solely responsible for your own Content, including but not limited to video, audio, photos, text, and hyperlinks, and the consequences of posting or publishing such Content.
You represent and warrant that: (i) you own the Content, or have express written permission to post the Content you’ve uploaded to RockMoto, and (ii) the posting of the Content on RockMoto does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay all royalties, fees, and any other monies owed to any person or entity due to your posting of any Content to RockMoto.
RockMoto reserves the right to reject ANY Content for ANY reason. RockMoto assumes no responsibility for monitoring user Content for inaccuracy or inappropriateness. If at any time RockMoto chooses, in its sole discretion, to monitor user Content, RockMoto nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Member posting such Content.
MEMBER VIDEOS
RockMoto encourages individuality and personal expression. As with any site that accepts user videos, the quality and content of such videos will vary widely. While we don’t want to be put in the position of judge or censor, we cannot accept videos that depict scenes of disregard for the rider’s own safety or the safety of other traffic or bystanders. We are also not impressed by blatant displays of speed on public roads. If you want to post a depiction that involves risk, it must be performed in an obviously controlled setting, such as a racetrack or private lot. Other content that would be unacceptable for this site includes:
- Violence
- Imagery of injury or death
- Inappropriate language
- Nudity / sexually explicit content of any kind
- Sexual innuendo / sexist content
- Racial, ethnic, or religious slurs
- Hate language
www.RockMoto.com is multinational in coverage, and therefore must respect the laws of multiple nations. Per these legal constraints, all posted or linked content must not include certain historical symbols, names and concepts related to the government and other organizations within World War II-era Germany, including but not limited to swastikas.
The bottom line is: do not post content which would not be permitted on U.S. primetime broadcast television. “Content” means everything included in your post: your video, audio, photos, text, and all hyperlinks, whether typed or embedded in an image. Further, “all hyperlinks” means any link you post may not go directly to any prohibited content.
In response to an unacceptable post, flag, or other action as defined here, RockMoto may make edits or comments within posts containing unacceptable Content. We may also remove unacceptable Content or the violator’s entire profile. As this is a community, we encourage you to flag any videos or posts that you feel violate the letter or spirit of our guidelines.
Do not post Content that would defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as privacy rights, publicity rights, copyrights, or trademark rights) of others. This includes a prohibition on posting a photograph or video of someone without their consent.
Do not post copyrighted materials or arrange for the exchange of pirated software, other copyrighted content or other illegal items or substances. This also includes links to any site that contains either content of, or other links to, pirated software or other illegal items or substances.
Do not advertise or offer to sell or buy any goods or services for any business purpose on these forums.
Do not use the forums in connection with any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Do not harvest or otherwise collect information about others, including e-mail addresses and IP addresses.
USE OF OTHER MEMBERS’ CONTENT
Other Members’ Content is posted for your information and personal use, and is accessible through the streaming player integral to the RockMoto website. "Streaming" means a digital transmission of an audiovisual work via the Internet from the RockMoto website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing Member videos for any purpose or in any manner other than streaming is expressly prohibited. Member videos are made available "as is."
You understand that when using the RockMoto website, you will be exposed to Member Content from a variety of sources, and that RockMoto is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Content. You further understand and acknowledge that you may be exposed to Member Content that is inaccurate, offensive, indecent, or objectionable.
MEMBER-TO-MEMBER CONTACT: MotoMatch
RockMoto “MotoMatch” functions as a social networking application and allows you to contact other Members, without either party initially revealing their true email address. You might eventually decide to trade email addresses or phone numbers, or meet in person. You do so at your own risk; RockMoto does not conduct background checks or other investigations of Members and RockMoto is not responsible for the conduct, whether online or offline, of any Member of the RockMoto website.
Use of MotoMatch is void where prohibited. By using MotoMatch, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of MotoMatch does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ROCKMOTO PROVIDERS** BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OR NON-USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ROCKMOTO WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ROCKMOTO PROVIDERS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
RockMoto may provide links to websites of motorcycle manufacturers or other businesses that you may choose to do business with. RockMoto has no control over these linked websites, all of which have separate privacy and data collection practices, independent of RockMoto. You access them at your own risk. Nonetheless, RockMoto seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own website, but for websites it links to as well (including if a specific link does not work).
RockMoto is not responsible for any problems with email transmission or video player integrity due to transmission, computer, server, provider, or software problems, or traffic congestion on the Internet, including any injury or damage to Users or to any person's computer related to participating in the RockMoto Services.
You are solely responsible for your interactions with other RockMoto Members. RockMoto reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ROCKMOTO PROVIDERS FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS OR ANY ACTIVITY RELATED TO YOUR USE OR YOUR ACCOUNT (INCLUDING NORMAL USE OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR MEMBER ACCOUNT.
MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any Member Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If a counter-notice is received by the Copyright Agent, RockMoto may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at RockMoto's sole discretion.
* “RockMoto” is a trade name of the Motorcycle Industry Council.
** “RockMoto Providers” are the Motorcycle Industry Council and its officers, directors, member companies, employees, agents, affiliates, vendors, and contractors.
Posted 12/04/08
