Terms of Service, Agreement

(TOS-100113/1)

1. General

These Terms of Service govern your use of our website; by using our website, you accept these terms of service in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

2. Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website, contents and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website)
• sell, rent or sub-license material from the website
• show any material from the website in public
• reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose. In particular the Motorcycle database. It is forbidden “extraction and/or re-utilization of the whole or of a substantial part, evaluated qualitatively and/or quantitatively, of the contents of that database.” (Directive 96/9/EC Art. 71. and Art 75. of the European Parliament and of the Council)
• edit or otherwise modify any material on the website; or
• redistribute material from this website

3. Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which contains, consits of (or is linked to) any spyware, computer virus such as Trojan horse, Worm, Keystroke logger, Rootkit or any other malicious computer software.

You must not conduct any systematic or automated data collection activities (including scraping without limitation, data mining, data extraction and data harvesting) on or in relation to our website without our express prior written consent.

You must not use our website to transmit or spread unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express prior written consent.

4. User generated content

In these terms of service, “your user content” means material or information (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence for an indefinite term to use, reproduce, adapt, publish, translate, amend and distribute your user content in any existing or future media. This includes but is not limited to recording the user content on visually or by audio means, and copying with IT equipment or to electronic data recording means. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Bad language, obscenities, pornographic content, etc. will not be tolerated and anyone who discovers such material or abuse is encouraged to report it to us.

Nudity, Erotic, motorcycle erotic photo upload is allowed, as long as you take responsibility for what you upload is flagged as adult content (18+).

We reserve and you provide us with the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website without notice or explanation.

We have user generated content, it is impossible to determine copyright violations. Upon discovery of such copyrighted content please report it to us, and it will be removed immediately.

When you delete your content, it is deleted somewhat later, because of server load and some maintenance technical reason. You understand that deleted content may persist in backup for a reasonable period of time. These backups are not accessible to others.

5. Limited warranties

Whilst we endeavour to ensure that the information on this website excluding user content is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Motorcycle datasheets

The information contained in each model datasheets are:

• approximate data, we are not responsible for the accuracy of them,
• the manufacturer without prior notice, even during a model-year can change them,
• can be different from country to country.

Be especially careful with the wheel size and tire pressure data, where it is given.

Always refer to your motorcycle’s owner’s manual or find an authorized service facility.

Fuel tank size is indicative data. The gas reserve volume is different by manufacturers. Before go to a long trip, check the gas level, tire pressure and your motorcycle, read the owner’s manual if necessary!

Map, tour planner

Never trust in maps, never follow the GPS device blindly, always keep your eyes on the road.

The map is provided by Google, please refer to their Terms of Service here.

We are not responsible for the tours, routes uploaded by users or our partners, and we neither warrant the accessibility of the destination areas by any vehicle.

Always keep the speed limits and any rules and regulations applicable to public traffic, roads and vehicles, and wear protective equipment.

6. Limitations of liability

Nothing in these terms of service (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of service, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

• we will not be liable for any consequential, indirect or special loss or damage
• we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information
• we will not be liable for any loss or damage arisen out of any event or events beyond our reasonable control
• we will not liable for any accidents, fines, penalties, injury or other events which is happen to you when you follow a tour or routes provided by our user or partner;
• beyond and subject to the above limitations, we only will be liable to the double amount of any fees paid by you in consideration for using our website.

You acknowledge that these limitations of liability are set out bearing in mind the mutual considerations of you and us, and you confirm that they are fair and equal to the damages foreseeable by us.

7. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arisen out of any breach by you of any provision of these terms of service or arising out of any claim that you have breached any provision of these terms of service.

8. Breaches of these terms of service

Without prejudice to our other rights under these terms of service, if you breach these terms of service in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or initiate legal proceedings against you.

9. Variation

We may revise these terms of service from time-to-time. Revised terms of service will be applied to the use of our website from the date of the publication of the revised terms of service on our website. Please check this page regularly to ensure that you are familiar with the current version.

10. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of service without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of service.

11. Severability

If a provision of these terms of service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue being in effect.

12. Exclusion of third party rights

These terms of service is for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of service is not subject to the consent of any third party.

13. Entire agreement

These terms of service, together with our constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

14. Contact

You can contact us by email to info@mbike.com.

Applicable law and jurisdiction

Save for cases where mandatory law otherwise provides or we in our discretion otherwise choose, any legal matter or dispute related to our website or these Terms of Service shall be governed by the law of the country having the registered seat of the operator of our website, Mbike Ltd (“country of seat”), and the courts of the country of seat shall have exclusive jurisdiction.

You can read our Privacy Policy here.