Terms of use for
www.harleyradio.com
1. Acceptance of
terms of use and amendments Each
time you use or cause access to this web site, you
agree to be bound by these Terms of use, as
amended from time to time with or without notice
to you. In addition, if you are using a particular
service on this web site or accessed via this web
site, you will be subject to any rules or
guidelines applicable to those services, and they
will be incorporated by reference within these
Terms of use. Please read the site's Privacy
policy, which is incorporated within these Terms
of use by reference.
2. The site editor's service This web site and
the services provided to you on and via this web
site are provided on an "AS IS" basis. You agree
that the site editor reserves the right to modify
or discontinue provision of this web site and its
services, and to remove the data you provide,
either temporarily or permanently, at any time,
without notice and without any liability towards
you, The site editor will not be held responsible
or liable for timeliness, removal of information,
failure to store information, inaccuracy of
information, or improper delivery of information.
3. Your responsibilities and registration
obligations In order to use this web site or
certain parts of it, you may be required to
register for a user account on this web site; in
this case, you agree to provide truthful
information when requested, and -- if a minimum
age is required for eligibility for a user account
-- you undertake that you are at least the
required age. By registering for a user account,
you explicitly agree to this site's Terms of use,
including any amendments made by the site editor
that are published herein.
4. Privacy policy Registration data and other
personally identifiable information that the site
may collect is subject to the terms of the site
editor's Privacy policy.
5. Registration and password You are
responsible for maintaining the confidentiality of
your password, and you will be responsible for all
usage of your user account and/or user name,
whether authorized or not authorized by you. You
agree to immediately notify the site editor of any
unauthorized use of your user account, user name
or password.
6. Your conduct You agree that all information
or data of any kind, whether text, software, code,
music or sound, photographs or graphics, video or
other materials ("content"), made available
publicly or privately, will be under the sole
responsibility of the person providing the said
content, or of the person whose user account is
used. You agree that this web site may expose you
to content that may be objectionable or offensive.
The site editor will not be responsible to you in
any way for content displayed on this web site,
nor for any error or omission. By using this web
site or any service provided, you explicitly agree
that: (a) you will not provide any content or
conduct yourself in any way that may be construed
as: unlawful, illegal. threatening, harmful,
abusive, harassing, stalking, tortious,
defamatory, libelous, vulgar, obscene, offensive,
objectionable, pornographic, designed to interfere
with or disrupt the operation of this web site or
any service provided; infected with a virus or
other destructive or deleterious programming
routine; giving rise to civil or criminal
liability; or in violation of an applicable local,
national or international law; (b) you will not
impersonate or misrepresent your association with
any person or entity; you will not forge or
otherwise seek to conceal or misrepresent the
origin of any content provided by you; (c) you
will not collect or harvest any information about
other users; (d) you will not provide, and you
will not use this web site to provide, any content
or service in any commercial manner, or in any
manner that would involve junk mail, spam, chain
letters, pyramid schemes, or any other form of
unauthorized advertising or commerce; you will not
use this web site to promote or operate any
service or content without the site editor's prior
written consent; (e) you will not provide any
content that may give rise to the site editor
being held civilly or criminally liable, or that
may be considered a violation of any local,
national or international law, including -- but
not limited to -- laws relating to copyrights,
trademarks, patents, or trade secrets.
7. Submission of content on this web site By
providing any content to this web site: (a) you
agree to grant the site editor a worldwide,
royalty-free, perpetual, non-exclusive right and
license (including any moral rights or other
necessary rights.) to use, display, reproduce,
modify, adapt, publish, distribute, perform,
promote, archive, translate, and to create
derivative works and compilations, in whole or in
part. Such license will apply with respect to any
form, media, technology already known at the time
of provision or developed subsequently; (b) you
warrant and represent that you have all legal,
moral, and other rights that may be necessary to
grant the site editor the license specified in
this section 7; (c) you acknowledge and agree that
the site editor will have the right (but not
obligation), at the site editor's entire
discretion, to refuse to publish, or to remove, or
to block access to any content you provide, at any
time and for any reason, with or without notice.
8. Third-party services Goods and services of
third parties may be advertised and/or may be made
available on or through this web site.
Representations made regarding products and
services provided by third parties will be
governed by the policies and representations made
by these third parties. The site editor will not
in any manner be liable for or responsible for any
of your dealings or interaction with third
parties.
9. Indemnification You agree to indemnify and
hold harmless the site editor and the site
editor's representatives, subsidiaries,
affiliates, related parties, officers, directors,
employees, agents, independent contractors,
advertisers, partners, and co-branders, from any
claim or demand, including reasonable legal fees,
that may be filed by any third party, arising out
of your conduct or connection with this web site
or service, your provision of content, your
violation of these Terms of use, or any other
violation by you of the rights of another person
or party.
10. DISCLAIMER OF WARRANTIES YOU UNDERSTAND
AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF
ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE")
IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE
PROVIDED TO YOU "AS IS", AND THE SITE EDITOR
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE SITE EDITOR MAKES NO WARRANTY, EITHER IMPLIED
OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY,
SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR
IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY
THAT ANY CONTENT IS SAFE IN ANY MANNER FOR
DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER
THE SITE EDITOR NOR ANY PARTICIPANT IN THE SERVICE
PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT
ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA
THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK,
AND THAT THE SITE EDITOR WILL NOT BE HELD LIABLE
IN ANY WAY. Some jurisdictions may not allow
disclaimers of implied warranties, and certain
statements in the above disclaimer may not apply
to you as regards implied warranties; the other
terms and conditions remain enforceable
notwithstanding.
11. LIMITATION OF LIABILITY YOU EXPRESSLY
UNDERSTAND AND AGREE THAT THE SITE EDITOR WILL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES;
THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF THE SITE EDITOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM (I) THE USE OF SERVICES OR THE
INABILITY TO USE SERVICES, (II) THE COST OF
OBTAINING SUBSTITUTE GOODS AND/OR SERVICES
RESULTING FROM ANY TRANSACTION ENTERED INTO ON
THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR DATA TRANSMISSIONS, (IV)
STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY
THIRD PARTY USING SERVICES, OR (V) ANY OTHER
MATTER RELATING TO SERVICES. In some
jurisdictions, it is not permitted to limit
liability and, therefore, such limitations may not
apply to you.
12. Reservation of rights The site editor
reserves all of the site editor's rights,
including but not limited to any and all
copyrights, trademarks, patents, trade secrets,
and any other proprietary right that the site
editor may have in respect of this web site, its
content, and goods and services that may be
provided. The use of the site editor's rights. and
property requires the site editor's prior written
consent. By making services available to you, the
site editor is not providing you with any implied
or express licenses or rights, and you will have
no rights to make any commercial use of this web
site or provided services without the site
editor's prior written consent.
13. Notification of copyright infringement If
you believe that your property has been used in
any way that could be considered a copyright
infringement or a violation of your intellectual
property rights, the site editor\'s copyright
agent may be contacted via: e-mail to the site
administrator [Other contact information, if
published on the site:]
14. Applicable law You agree that these Terms
of use and any dispute arising out of your use of
this web site or products or services provided
will be governed by and construed in accordance
with local laws applicable at the site editor's
domicile, notwithstanding any differences between
the said applicable legislation and legislation in
force at your location. By registering for a user
account on this web site, or by using this web
site and the services it provides, you accept that
jurisdiction is granted to the courts having
jurisdiction over the site editor's domicile, and
that any disputes will be heard by the said
courts.
15. Miscellaneous information (I) In the event
that any provision of these Terms of use is deemed
to conflict with legislation by a court with
jurisdiction over the parties, the said provision
will be interpreted to reflect the original
intentions of the parties in accordance with
applicable law, and the remainder of these Terms
of use will remain valid and applicable; (ii) The
failure of either party to assert any right under
these Terms of use will not be considered to be a
waiver of that party's right, and the said right
will remain in full force and effect; (iii) You
agree that any claim or cause in respect of this
web site or its services must be filed within one
(1) year after such claim or cause arose, or the
said claim or cause will be forever barred,
without regard to any contrary legislation; (iv)
The site editor may assign the site editor's
rights and obligations under these Terms of use;
in this event, the site editor will be relieved of
any further obligation.