Welcome to www.motomiumotorcycles.com (the “Website”). The Website is owned and operated by Motomiu Motorcycles India., and its subsidiaries and affiliates (collectively referred to herein as “MOTOMIU,” “we,” “us,” and “our”). By accessing or using our Website on any computer, mobile phone, table, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms & Conditions, any and all rules, guidelines and directions found throughout the Website, and any other applicable law. Please read these Terms & Conditions carefully. MOTOMIU may change these Terms & Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website shall be considered your acceptance to the revised Terms & Conditions.
All intellectual property on the Website (except for User Generated Content defined below) is owned by MOTOMIU or its licensors, which includes materials protected by copyright, trademark, or patent laws. All content on the Website (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the India and other copyright laws and is the proprietary property of MOTOMIU; All rights reserved.
USER GENERATED CONTENT
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by MOTOMIU. Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to MOTOMIU a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
CONTENT IS NOT PRESCREENED
MOTOMIU does not prescreen User Generated Content. MOTOMIU does not guarantee the Website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. MOTOMIU is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Even in the event MOTOMIU chooses to monitor any User Generated Content, MOTOMIU assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. MOTOMIU reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
WEBSITE USE RESTRICTIONS
You may use the Content only for your own non-commercial use to participate in the Website. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Website (except for Content on the Download page), including User Generated Content, without MOTOMIU’s prior written consent, unless it is your own User Generated Content that you legally post on the Website. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms & Conditions shall be interpreted as granting any license of intellectual property rights to you.
COPYRIGHT INFRINGEMENT CLAIMS
We respect and honor the intellectual property rights of others. If you believe that your work has been copied and posted on the Website, such that it constitutes infringement, please provide us with the following information:
(1) Identification of the copyrighted work claimed to have been infringed;
(2) Identification of the allegedly infringing material on the Website that is requested to be removed;
(3) Your name, address, and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(5) A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(6) An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Our copyright agent for notice of claims of copyright infringement on the Website is Bafna Motorcycles Pvt. Ltd, who can be reached as follows:
Unit 712, 7th floor, World Trade Centre, Centre1 Cuff parade, Colaba, Mumbai 400005
The Website contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using MOTOMIU's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
The Website may contain links to websites, applications or other products or services operated by other companies (“Third Party Websites”). MOTOMIU does not endorse, monitor or have any control over these Third Party Websites, which have separate Terms & Conditions and privacy policies. MOTOMIU is not responsible for the content or policies of Third Party Websites and you access such Third Party Websites at your own risk.
You hereby agree to defend, indemnify and hold harmless MOTOMIU, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all alleged or actual claims, damages, liabilities, losses, suits, costs and expenses, including reasonable attorney’s fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms & Conditions, any law or the rights of any third party.
USER INTERACTION DISCLAIMER
You are solely responsible for your interactions with other people, whether online or in person. MOTOMIU is not responsible or liable for any loss or damage resulting from any interaction with other Website users, persons you meet through the Website, or persons who find you because of information posted on, by or through the Website. You agree to take reasonable precautions in all interactions with other users on the Website, and conduct any necessary investigation before meeting another person. MOTOMIU is under no obligation to become involved with any user dispute, but may do so at its own discretion.
MOTOMIU is not responsible or liable for any User Generated Content or other Content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, User Generated Content, Content, and the materials and products on this Website are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, MOTOMIU disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. MOTOMIU cannot guarantee and does not promise any specific results from use of the Website. MOTOMIU does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, MOTOMIU does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Website, loss of data or other harm of any kind that may result. MOTOMIU reserves the right to change any and all Content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
MOTOMIU SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A MOTOMIU EVENT OR ANY USER GENERATED CONTENT, EVEN IF MOTOMIU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST MOTOMIU FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF MOTOMIU IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, MOTOMIU’S LIABILITY SHALL NOT EXCEED US$5,000.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
MOTOMIU reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. MOTOMIU also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Website. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Website, or on other Websites (e.g., Facebook, Twitter, Google, etc.), may continue to appear on the Website or on other Websites even after your User Generated Content is removed or your account is terminated. These Terms & Conditions remain in effect even after your account is terminated. The Terms & Conditions relating to Intellectual Property, Indemnification, Warranty Disclaimer, Limitation of Liability, Miscellaneous, and terms that by their nature may survive termination shall survive any termination.