Uglybiker.com Website Terms and Conditions of Use This Site is operated by Uglybiker Productions you may contact us at: Info@uglybiker.com. Uglybiker provides visitors to its Web site with access to content via the World Wide Web and offers the opportunity for users to submit text, pictures, video and other content for posting on the Uglybiker.com Web site (the "Site") under certain terms and conditions. ACCEPTANCE OF THESE TERMS AND CONDITIONS THROUGH USE By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your use of this site following the posting of any changes to the Terms of Use will be deemed your acceptance of such change(s). AGREEMENT TO USER CONDUCT RULES You agree to abide by Uglybiker's User Conduct Rules, including but not limited to, agreeing not to use this site for any unlawful purpose: By posting information in or otherwise using any communications service, message board, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any materials, including text, communications, software, images, sounds, data, or other information (hereafter "Content") that: 1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, tortious, or otherwise violates Uglybiker's rules or policies; 2. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; 3. constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; 4. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or 5. contains information, material, or pictures of any person who is not both older than eighteen (18) years old and over the age of majority in such person's state, providence, or country of residence. You also agree that you will not harvest or collect information about the users or members of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a child 12 years old or younger. Uglybiker generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, or other interactive services that may be available on or through this site. However, Uglybiker and its agents have the right at their sole discretion to remove any content that, in Uglybiker's judgment, does not comply with the User Conduct Rules or is otherwise harmful, objectionable, or inaccurate. Uglybiker is not responsible for any failure or delay in removing such content. LINKS AND THIRD PARTY SITES This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under Uglybiker's control, and you acknowledge that Uglybiker is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Uglybiker or any association with its operators. PROPRIETARY RIGHTS AND RESTRICTIONS You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and by other laws and that their use is restricted by the terms of this Agreement. Uglybiker, the Uglybiker product and service names are trademarks and/or service marks of Uglybiker (the "Uglybiker Marks") and are owned exclusively by Uglybiker. You will not display or use the Uglybiker Marks, in any manner, without Uglybiker's prior permission. Except as expressly authorized by Uglybiker, you agree not to sell, resell, exploit for any commercial purposes, license, rent, modify, distribute, copy, reproduce, duplicate, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any portion of such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Uglybiker is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. USER'S GRANT OF LIMITED LICENSE By posting or submitting content to this site, you: 1. Grant Uglybiker and its affiliates and licensees the world-wide, royalty free, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, display, perform, adapt, modify, alter, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and 2. warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Uglybiker will not infringe or violate the rights of any third party. PROCEDURE FOR REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify Uglybiker at content@uglybiker.com for instructions. PROCEDURE FOR REPORTING VIOLATIONS OF RIGHTS OF PRIVACY OR PUBLICITY If you believe that your privacy rights or publicity rights have been violated by information or material that is accessible on this site, you may notify Uglybiker at content@uglybiker.com for instructions. DISCLAIMER OF WARRANTIES ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. UGLYBIKER, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR DISTRESS, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL UGLYBIKER, ITS SUBSIDIARIES, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF UGLYBIKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, UGLYBIKER'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. INDEMNIFICATION You agree to indemnify and hold Uglybiker, and its parent, subsidiaries and affiliates and their respective officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this Site, including claims relating to content you submit, post to or transmit through this site, and your connection to and use of this Site. Uglybiker reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with Uglybiker in asserting any available defenses. INTERNATIONAL USE Uglybiker makes no representation that materials on this Site are appropriate or available for use in any particular locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from any location do so on their own initiative, at their own risk, and are responsible for compliance with local laws. If you use this Site in a jurisdiction that prohibits or restricts such use, your use will be subject to, without limitation, any other provision of the Terms of Use, and Uglybiker shall not have any liability with respect to such use. CHOICE OF LAW AND FORUM These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall lie only in the state courts of California in Orange County or the Southern District of federal court, and you further agree to and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. SEVERABILITY AND INTEGRATION Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Uglybiker with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Uglybiker with respect to this Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. TERMINATION Uglybiker reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice, for any reason, including, without limitation, if Uglybiker believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. This includes Uglybiker's right to terminate a user's ability to post materials to the Site. You acknowledge that Uglybiker shall not be liable to you or any third party for any termination of your access to this Site.