Welcome to thebikermetal.com. This agreement sets forth the Conditions of Use ("COU") which apply to your use of the thebikermetal.com website which are offered to you by thebikermetal.com. thebikermetal.com provides its service to you, subject to the following COU, which may be updated by us from time to time without notice to you.
In addition, when using particular thebikermetal.com services, you and thebikermetal.com shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the COU. If you visit or shop at thebikermetal.com, you accept these conditions. It is your responsibility to read and understand them. By using this site, you agree to the COU of this usage agreement just as if you had signed the usage agreement. If you do not agree with this agreement, please discontinue your use of thebikermetal.com.
When you visit thebikermetal.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on thebikermetal.com ("this website"), such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of thebikermetal.com or its content suppliers and protected by U.S. and international copyright laws. The compilation of all content on this website is the exclusive property of thebikermetal.com and protected by U.S. and international copyright laws. All software used on this website is the property of thebikermetal.com or its software suppliers and protected by U.S. and international copyright laws.
TERMINATION OF USAGE
thebikermetal.com may suspend or terminate any User’s access to all or any part of this website including any account thereon, without notice, for any reason in thebikermetal.com’s sole discretion, including without limitation thebikermetal.com’s belief that such access would violate any applicable law or would be harmful to the interests of any thebikermetal.com Provider or another User.
YOUR ACCOUNT & PASSWORD
Every User is responsible for (i) keeping such User’s thebikermetal.com’s account password confidential and (ii) restricting access to such User’s computer. Each User agrees to accept full responsibility for all activities that occur within such User’s thebikermetal.com account. Also, User uses this website ere responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. thebikermetal.com sells to adults who can purchase with a credit card or Paypal account. thebikermetal.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
DISCLAIMER OF WARRANTIES
thebikermetal.com has provided links and pointers to Internet sites maintained by third parties ("third party sites") and may from time to time provide third party materials on this service. neither thebikermetal.com, its parent or subsidiary companies nor its affiliates or suppliers operate or control in any respect any information, products or services on these third party sites. The materials in this service and the third party sites are provided "as is" and without warranties of any kind, either express or implied. to the fullest extent permissible pursuant to applicable law, thebikermetal.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. e-business Asia does not warrant that the functions contained in the materials and products will be uninterrupted or error-free, that defects will be corrected, or that this service, including the community areas, or the server that makes them available, are free of viruses or other harmful components. thebikermetal.com does not warrant or make any representations regarding the use or the results of the use of the materials in this service or in third party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You assume all risk of errors and/or omissions in the service, including the transmission or translation of information. You understand, acknowledge and assume the full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the service, including the information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analysis of the information provided hereunder. You assume the entire cost of all necessary maintenance, repair or correction.
LIMITATION OF LIABILITY
In no event shall thebikermetal.com, its parent or subsidiary companies or its affiliates or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of the service or with the delay or inability to use the service, or for any information, software, products and services obtained through the service, or otherwise arising out of the use of the service, whether based on contract, tort, strict liability or otherwise, even if e-business Asia, its parent or any of its subsidiary companies, affiliates or suppliers has been advised of the possibility of damages. You specifically acknowledge and agree that e-business Asia , its parent or subsidiary companies, affiliates or suppliers shall not be liable for any defamatory, offensive or illegal conduct of any user of the service. Some states do not allow limitations on how long an implied warranty last, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights , which vary from state to state.
You agree to defend, indemnify and hold harmless thebikermetal.com, its affiliates and their respective directors, officers, employees, agents and contractors from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or accruing from (a) any material listed or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (b) any misrepresentation made by you in connection with your use of the service; (c) any non-compliance by you with the terms and conditions of this agreement; and (d) claims brought by persons or entities other than the parties to this agreement arising from or related to your access and use of the service, including the information obtained through the service.
thebikermetal.com shall not be liable to you for delays or failures in performance resulting from causes beyond its reasonable control, including, but not limited to, acts of god, labor disputes or disturbances, material shortages or rationing, riots, acts of war, governmental regulations, communication or utility failures, or casualties.
The provisions of these COU are intended to be severable. If for any reason any provision of these COU shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
APPLICABLE LAW; JURISDICTION
By visiting thebikermetal.com, you agree that the laws of the state of California , without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and thebikermetal.com or its affiliates.
User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of California and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through the thebikermetal.com Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California Courts and agrees not to plead or claim in any California Court that such litigation brought therein has been brought in an inconvenient forum.
Please review our Privacy Notice, which also governs your visit to thebikermetal.com, to understand our practices.