TERMS & CONDITIONS OF SERVICE
This is a legal Agreement (the “Agreement”) between you and
“), the owner and provider of
. Please read this Agreement carefully before registering for the
is a service through which adults (the “Member”) can meet other adults with similar
interests and backgrounds online (the “Service”).
By registering for
, you become a Member of the Service, and you agree to be bound by the terms and
conditions of this Agreement for as long as you continue to be a Member. If you
do not agree to the terms, please do not register for the
Service. The terms are subject to change by
at any time, effective upon notice to you by the posting on the
Site, and your use of the Service after such posting will constitute acceptance
by you of such changes.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS
1.1 The Service is provided to you under the terms and
conditions of this Agreement, and the
1.2 You must be at least
years of age to register as a Member of
or use the Site. Membership in the Service is void where prohibited.
1.3 By completing the registration process, clicking the checkbox
labeled “I have read and understood this Agreement and agree to all the provisions
contained above” and using the Site, you represent and warrant that you have
the right, authority and capacity to enter into this Agreement and to abide by all
the terms and conditions in the Agreement.
1.4 If you wish to obtain a copy of this Agreement in non-electronic form, please contact bikertruelove.com at the address listed on our Contact page.
MEMBER’S REGISTRATION INFORMATION
2.1 As a condition for using the Service, you agree
provide true, accurate, current and complete information
about yourself as prompted during the registration process, including but not limited
to the Contact Information form; and
to maintain and update this information to keep it
true, accurate, current and complete.
2.2 If any information provided by you is found to be
untrue, inaccurate, non-current or incomplete,
has the right to terminate your account and refuse any and all current or future
use of the
PROFILE SHARING AND DISTRIBUTION
To expand the availability of profiles on SuccessfulMatch sites, profiles may be shared with other sites within the SuccessfulMatch Network. By posting or maintaining a profile on this or any other SuccessfulMatch Network site, you agree and consent that said profile shall be subject to placement on other SuccessfulMatch Network sites, at the discretion of SuccessfulMatch, without further notice.
CONTENT POSTED BY YOU
4.1 You hereby acknowledge, understand and agree that
all information disclosed by you to
and any of its other companies, has been disclosed freely and knowingly, and that
any and all information posted in or on the
Site or any other Site owned by
will be used in furtherance of the services
offers. The information will not be disclosed knowingly or willfully to any third
party without your authorization as described in detail in the
and required by the Services offered by
4.2 You acknowledge that by submitting any type of communications
, no fiduciary, confidential, contractually implied or other relationship is created
between you and
or any of its subsidiaries or affiliates other than those expressly subject to these
terms and conditions.
4.3 Anytime you as a Member and/or Standard member upload files,
messages, enter data or engage in any other form of communication, individually
or collectively, within the Site, you grant to
a perpetual, world wide, irrevocable, unrestricted, non-restricted, non-exclusive,
royalty-free license to use, including but not limited to promotional and advertising
purposes, copy, license, sublicense, adapt, distribute, display, publicly perform,
reproduce, transmit, modify, edit and otherwise exploit such communications and
any ideas or original materials contained in such communications, in all media now
known or hereafter developed. This grant shall include the right to exploit any
and all proprietary rights in such communications including, without limitations,
any and all rights under copyright, trademark, service mark or patent laws under
any relevant jurisdiction.
has and reserves the right to remove anything that it deems, in its sole and absolute
discretion and in compliance with relevant laws, does not comply with the terms
of use, or is offensive, vulgar, racist, harmful, or otherwise unfit.
MEMBER INFORMATION & EMAIL
considers non-public member account information, including but not limited to information
provided during the registration process and e-mail communications transmitted through
the Service, to be private information.
shall not disclose such information to any third parties without your consent. However,
you acknowledge and agree that
may in good faith disclose such information if it is reasonably necessary:
- to comply with the law;
- to enforce the Agreement;
- to respond to claims that such content violates the rights of
to protect the rights or interests of SM.com and its users.
5.2 You understand and agree that
may access the content of your account in order to identify and resolve technical
problems or service complaints.
MODIFICATIONS TO SERVICE AGREEMENT
reserves the right, at its sole discretion, to modify, change, add or remove any
portion of these terms and conditions of use, in whole or in part, at any time.
You will be informed of any such changes by a notice on the log-in page of the Service
stating that the Agreement has changed. Changes in these terms and conditions will
be effective from the time they are posted on the site. Your continued use of the
has posted such notice constitutes your acceptance of any such changes.
MODIFICATIONS TO SERVICE
reserves the right to modify or discontinue, temporarily or permanently, the
Service with or without notice to you.
7.2 You agree that
shall not be liable to you or any third party for any modification or discontinuation
of the Service.
8.1 You agree to be solely responsible for the contents
of your transmissions to or through the Service and for your interactions with other
8.2 You agree to abide by all applicable local, state,
national, and international laws and regulations in your use of the Service, and
agree not to attempt to gain unauthorized access to other computer systems or networks
connected to the
Service. You also agree not to interfere with the use and enjoyment of the Service
by other members.
8.3 You agree not to transmit any unlawful, harassing,
libelous, privacy invading, sexually and/or racially offensive, abusive, threatening,
harmful, vulgar, obscene or otherwise objectionable material of any kind.
8.4 You agree not to transmit any material that violates
the rights of another, including but not limited to the intellectual property rights
8.5 You agree not to transmit “junk mail”,
“spam,” “chain letters,” or unsolicited mass distribution of email,
or to use the
Service for any commercial purposes.
USE OF SITE
9.1 ou agree not to interfere or attempt to interfere
with the operation of the site (the “Site”), Service and/or Software use to operate
the Site and the Service (the “Software”) in any way through any means or device
including but not limited to uploading computer viruses, hacking, spamming and/or
time bombs, or by means expressly prohibited by any provisions of these terms and
9.2 You and/or any Member and/or Standard member may not at any
time attempt to use or act upon any software, robot, and bot, spider and/or any
other means of entering the Site and/or Service. You may not post any type of service
or URL for any reason.
9.3 You agree not to include in your public profile
any telephone numbers, street addresses, last names, URLs, email addresses, offensive
anatomical or sexual references or offensive sexually suggestive language. You also
agree not to post any photos containing nudity or otherwise offensive material in
any areas on the Site or the Service, which are accessible to the public or
‘s general membership.
reserves the right, but has no obligation, to reject or remove any profile or photo
that does not comply with the letter or spirit of the Agreement.
9.5 Your membership in the
Service is for your sole personal use. You may not authorize others to use your
membership and you may not assign or otherwise transfer your account to any other
person or entity. You are responsible for logging out if your computer is accessible
to others. This prevents unauthorized access.
NO RESALE OF SERVICE
You agree not to resell the
Service or use of or access to the Service.
11.1 For purposes of your use of our Service, you agree
to provide us with true, accurate and complete information as required by the subscription
or sign up process (“Subscription Data”), including your legal name, address,
phone number, email address and other billing information (e.g., credit card number
and expiration date), and to allow us to share your Subscription Data with third
parties for the purpose of verifying the information you provide and billing your
credit card or otherwise charging your account.
11.2 Payment for the Service may be made by credit card
or other means by which
11.3 The monthly service charges are subject to change
without any notice.
11.4 You agree to promptly inform
of apparent breaches of security, such as loss, theft, or unauthorized disclosure
or use of an ID or password. Until
is notified by e-mail of a breach in security, the Member will remain liable for
any unauthorized use of the service.
12.1 You agree that
may, in its sole discretion, terminate or suspend your access to all or part of
the Service for any reason, including, without limitation, breach of the Agreement
or any subsequent modifications, or your attempt to assign your account to a third
party. You acknowledge and agree that termination may be effected without prior
notice, and acknowledge and agree that
may immediately delete files in your account and bar any further access to it.
may also impose limits on certain services and features or restrict your access
to parts or the entire Site without notice or liability.
12.2 You acknowledge and agree that any suspected fraudulent,
abusive or illegal activity may be termed as grounds for termination of your account
and may be referred to appropriate law enforcement authorities.
12.3 Should you object to any terms and conditions of the Agreement, or any subsequent changes to the Agreement, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue and terminate your membership with the Service; and then notify bikertruelove.com of termination by sending an e-mail to support@ BikerKiss.com .
12.4 Your membership under this Agreement shall be available
for an unspecified term on an at-will basis. If
terminates your membership in the Service because you have breached this Agreement,
you will not be entitled to any refund of unused subscription fees. Even after
your membership has terminated, this Agreement will remain in effect. All terms
that by their nature may survive termination of this Agreement shall be deemed to
survive such termination.
DEALINGS WITH ADVERTISERS, VENDORS & OTHER THIRD PARTIES
13.1 You acknowledge and agree that any and all
and/or all other sites owned and/or operated by
on the World Wide Web and/or the Internet, to other sites do not constitute an endorsement
or any of its partners, affiliates, and/or other sites or services. These links
are provided as an information service only. It is the responsibility of the Member
to evaluate the content and usefulness of information from these links.
has no control over such sites and recourses, you acknowledge and agree that
is not responsible for the availability or content of such external sites or resources.
13.3 You agree not to hold
liable for any loss or damage of any sort incurred as the result of the presence,
availability or non-availability of the advertisers, partners, vendors or other
third parties available on or through the Service, or as the result of any dealings
with such parties, including but not limited to attendance at events advertised
or purchase or use of goods or services offered on or through the
14.1 You acknowledge and agree that content, including
but not limited to text, software, music, sound, photographs, graphics, video, or
other material contained in sponsor advertisements or information presented to you
, its partners or advertisers, is protected by copyrights, trademarks, service marks,
patents, or other proprietary rights and laws. You acknowledge and agree that you
are permitted to download and print this material and information for your personal,
non-commercial use or as expressly authorized by
, its partners or advertisers, and may not copy, reproduce, transmit, distribute,
or create derivative works of such content or information without express authorization.
You agree to abide by any and all information, restrictions, and/or copyright notices
displayed on the site.
14.2 To the fullest extent permitted by law, you acknowledge
and agree that any material you send to
, by email or otherwise, including any suggestions and comments on
, the site,
, the Service and/or the Software or that you post in any areas on the Service that
are accessible to the public or
‘s general membership, will be treated as non-confidential and non-proprietary and
may use such material, in whole or in part, in any medium for any purpose, including
but not limited to the reproduction, disclosure, transmission, publication, broadcast
and posting of such material in advertising and promotions. You further agree
that no commission or money will be exchanged in return.
WARRANTIES & REPRESENTATIONS
By posting or transmitting any file, data, photograph, or other content
or communication to
or on the Service, you represent and warrant as follows:
15.1 That the public posting and use of the file, message,
data, photograph, or other content or communication by
and any Members will not infringe or violate the rights of any third party, including
but not limited to any intellectual property rights.
15.2 That, prior to transmitting to
or posting or reproducing on the Service any file, message, data, photograph, or
other content or communication in which a third party has any proprietary interest,
including but not limited to any intellectual property rights, you have obtained
all necessary consent from that third party or parties.
15.3 That you are using the Service in accordance with
any and all applicable laws and regulations, including but not limited to your use
in posting, transmitting or reproducing any file, message, data, photograph or other
content or communication.
DISCLAIMER OF WARRANTIES
16.1 The Service and the materials available on or through
Service are provided “as is” and “as available” and without
warranties or conditions of any kind, either express or implied.
16.2 To the fullest extent permissible under applicable
disclaims all warranties and conditions, express or implied, including, but not
limited to, implied warranties and conditions of merchantability, merchant quality,
correspondence to description and fitness for a particular purpose.
does not represent or warrant that the
Service will be uninterrupted or error-free, or that defects will be corrected,
or that this Site or the server that makes it available, are free of viruses or
other harmful components.
does not represent or warrant that the materials or the results of the use of the
materials available through the Service or from third parties will be correct, accurate,
timely, reliable or otherwise.
is not responsible for the conduct, whether online or offline, of any user of the
Site or Member of the Service. Further,
has not and does not conduct criminal background checks on its users.
LIMITATION OF LIABILITY
17.1 To the fullest extent permissible under applicable
shall not be liable under any circumstances, including but not limited to negligence,
for any direct, indirect, incidental, special or consequential damages that result
- the use of or the inability to use the BikerKiss.com Service,
- any changes to the Service,
- unauthorized access to or alteration of your transmissions or data,
- any material or data sent or received or not sent or received, or
- any transactions entered into through the Service.
17.2 You specifically agree that
is not responsible or liable for any threatening, defamatory, obscene, offensive
or illegal content or conduct of any other party or any infringement of another’s
rights, including intellectual property rights.
17.3 In no event, except in jurisdictions where such
provisions are restricted, shall
and each of its stand-alone services, its parents, subsidiaries, affiliates, officers
and employees be liable to you or any third party for any exemplary, incidental,
indirect, consequential, special or punitive damages, including any and/or lost
profits arising from your use of the Site, the Service,
, any and all other sites, any and all services, advertising, banners, and/or any
part of the Site and/or any service or services offered, even if
has been advised of the possibility of such damages.
17.4 At all times
and all of its other services and companies shall never in any way be liable to
you for more than the amount paid.
You agree to indemnify and hold harmless
and each of its stand-alone services, its parents, subsidiaries, affiliates, officers
and employees, from any loss, liability, claim, demand, or damage, including reasonable
attorneys’ fees, asserted by any third party due to or arising from the content
you transmit to or through, as well as your conduct on or arising from your use
Service and your use of the Service in violation of this Agreement and/or arising
warranties set forth within this Agreement.
Any notice to
shall be made via email or regular mail as listed under the Contact Us section on
the Site. If the notice concerns your withdrawal from the Service as specified in
section 11.3, it will be effective within a reasonable time after
receives it. Your withdrawal notice will not affect the legal validity or enforceability
of the Agreement provided to you and electronically signed by you prior to the effective
date of your withdrawal.
20.1 The Agreement and the relationship between you and bikertruelove.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and BikerKiss.com agree to submit to the personal and exclusive jurisdiction of the state courts located in Santa Clara County, California or the United States District Court for the Northern District of California.
‘s failure to exercise or enforce any right or provision of the Agreement shall
not constitute a waiver of such right or provision.
20.3 You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to use of
the Service or the Agreement must be filed within one (1) year after such claim
or cause of action arose, or be forever barred.
20.4 The section titles in the Agreement are for convenience
only and have no legal or contractual effect.
posts all profiles without explicit knowledge of and/or about the person who submitted
the profile or profiles. At any time you suspect anyone of wrongdoing or if at any
time you feel the need to contact
about a violation of its policy and/or policies please contact
through email or fax at the addresses and numbers listed in the Contact Us section
of the Site.
Any and/or all software from bikertruelove.com and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees, is further subject to United States export control laws and regulations. Under no circumstances can any software from this Site be downloaded or otherwise exported or re-exported:
a. into or to a national or resident of Libya, Iran,
Cuba, North Korea, Iraq, Syria, or any other Country to which the U.S. has embargoed
b. to anyone on the U.S. Treasury Department’s Table
of Denial Orders. By using this Site and any Software and/or by downloading any
Software, you represent and warrant that you are not located in, under the control
of, or a national or resident of any such Country or on any such list.
assumes no responsibility for any interruption, technical malfunctions, error, defect,
deletion, omission, communications line failure, delay in operation or transmission,
unauthorized access to, theft or destruction, or alteration of, members and/or users
and/or standard member communications. This includes personal injury or damage to users, members,
standard member, or anyone else or to any person’s computer related to or resulting from participating
or downloading materials in connection with
and each of its stand-alone services, its parents, subsidiaries, affiliates, officers
cannot guarantee and does not promise any specific results from use of the Service
and/or the Site of
employees and their family members (defined as parents, spouse, siblings and children) and any person residing in the same household as employees may not participate in bikertruelove.com auctions under any circumstances.
products and services are offered exclusively to our users and not to commercial or semi-commercial retailers.
Bids are purchased or earned by simply using the site. Once a bid is placed in an auction, it is deducted from the user’s bid account and can no longer be refunded irrespective of whether the bid is successful or not.
A maximum of 30 seconds will be added to the timer and one bid will be deducted from your account with each bid placed. An auction ends when the timer on the bikertruelove.com server(s) hits zero. The winner of an auction is the last bidder the database recorded before the timer on the bikertruelove.com server(s) hit zero.
Every auction is unique and the results of all auctions offered on bikertruelove.com depend on the number of users participating in such auctions and the skill of the users participating in the auctions; precise odds of winning are therefore unavailable.
bikertruelove.com is not responsible for any costs incurred by you due to a system outage. bikertruelove.com reserves the right to cancel auctions that end due to, but not limited to, system error, bot bidders, employee bidders, technical problems, or any other reasonable reason.
25.1 The criteria of being a millionaire specified by
are also subject to change without notice. These criteria are posted on the Site.
25.2 Users have to meet the current criteria to use
25.3 If you do not submit the evidence of being a millionaire
within the period specified by
, the latter reserves the right to terminate your membership.
By providing phone number, you agree bikertruelove.com may contact you regarding your account at the number you provided.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO ALL THE PROVISIONS
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