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Terms & conditions

User Agreement

Terms and Conditions of the use of Bykerbabe.com web-site
These Terms and Conditions apply when you access our website to use Bykerbabe Limited ("Bykerbabe") services. Before proceeding to use our services, you should read the Terms and Conditions carefully. If you find yourself unable to agree to them, then you must not use our website. If, however, you agree to them unconditionally you will be given the opportunity to click the "I accept" checkbox during the registration process, and you will then be able to use our website to which these Terms and Conditions apply. Bykerbabe may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on our web site ("the Site") and announcing such changes in the site forum. Except as stated below, all amended Terms and Conditions shall be automatically effective after they are posted on the Site.

1. General Information
1.1 For your information we list below the address details of Bykerbabe:
Registered Office: BYKERBABE LTD, LAWRENCE HOUSE, JAMES NICOLSON, LINK, CLIFTON MOOR, YORK, YO30 4WG
Registered Company no: 05631379
Telephone: 07798 603 714
E-Mail: info@bykerbabe.com

2. Membership Eligibility
2.1 Our services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms and Conditions. Without limiting the foregoing, our services are not available to minors (under 18 years of age). If you do not qualify, you are not permitted to use our services and no contract will be formed between you and Bykerbabe. Further, our services are not available to temporarily or indefinitely suspended Bykerbabe members.

3. Formation of Contract
3.1 In order that a legally binding contract can be formed between Bykerbabe and a member eligible under clause 2 above, the member is required to accept these Terms and Conditions unconditionally by clicking the 'I accept' checkbox during the registration process.
3.2 Bykerbabe in their absolute discretion reserves the right to refuse, suspend or cancel membership of any member.
3.3 These Terms and Conditions shall override any contrary terms or conditions published by Bykerbabe or appearing on this web site pertaining to members.
3.4 In consideration of Bykerbabe agreeing to the member's use of the Site and its Services (as defined in clause 9.1 below), the member agrees to comply with these Terms and Conditions.

4. Fees and Services
4.1 Details of Bykerbabe's services are set out in full on the Site ("Services") and will be undertaken by Bykerbabe on acceptance by Bykerbabe of your order to purchase individual Services or to subscribe to several Services and payment in full of the subscription fees for such relevant Services as correspondingly set out on the Site ("Fees"). Each separate order for Services shall form and be treated as a separate legal contract between you and Bykerbabe for provision of the relevant Services, subject to these Terms and Conditions.
4.2 Bykerbabe reserves the right to change its fee policy and the Fees charged for Services from time to time, with such changes become effective immediately upon posting notice of the changes on the Forum of the Site. Unless otherwise stated, all fees are quoted in UK Sterling. You are responsible for paying all fees associated with using the Services and the Site and all applicable taxes.
4.3 You agree to pay to Bykerbabe the Fees for the Services you purchase from Bykerbabe, subject to the terms of this Agreement. All Fees shall be payable by you in full in advance and are non-refundable, subject to clause 5 below (Cancellation and Refunds Policy).
4.4 Bykerbabe.com accepts no responsibility for taxes etc on transactions effected as a direct or indirect result of the use of the Site. However, for persons based in the EU (including the UK), VAT may apply in two ways:
• If you are a business, you may have to remit VAT on our services to you (under 'reverse charging').
• Whether you are a business or not, and whether you are buying or selling, VAT may apply to your transactions. Please be aware that in some rare cases the amount a seller nets from a sale may be less than the net value once VAT is paid. The complexity of VAT (which applies differently in numerous countries, to different items, and at different rates) means Bykerbabe cannot prevent some such occurrences. You accept the risk that this affects you.
4.5 The Services shall be made reasonably available to you, subject to these Terms and Conditions and subject to technical errors and downtime which may be associated with the Internet and the Site. You acknowledge and accept that Bykerbabe has no control over the Internet which is a global decentralised network of computer systems. Access to the Site and Services shall not, therefore, be error free or uninterrupted and may be disrupted and very variable.
4.6 The Site is maintained in partnership with Bykerbabe's hosting service providers. Every effort is made to ensure the continuity of the Site and Services, but some occasional technical downtime beyond our control and/or the control of our hosting service provider may occur. You acknowledge and accept that such downtime may prevent the Site being viewed and may restrict access to your subscription account or the ability to access the Services from time to time.
4.7 You acknowledge and accept that the disclaimers and limitation of liability relating to the Site and Services set out in clause 13 will apply.
4.8 In the event that any individual component of the Services is disputed then the parties shall endeavour in good faith to reach agreement in relation to the disputed Services. In the event that such dispute cannot be resolved, the matter shall be referred for resolution to an independent expert as appointed on application by either party by the Chartered Institute of Arbitrators in the United Kingdom. The parties agree to be bound by the decision made by such independent expert.

5. Cancellation and Fees Refunds Policy
5.1 If you are acting as a consumer, under the Consumer Protection (Distance Selling) Regulations 2000, you have a statutory right to cancel any distance contract either within 7 days of the date of purchase as long as you have not yet accessed the relevant services. Accordingly, if you are acting as a consumer you may cancel any subscription to/purchase of Services during the period up until the relevant Services are delivered or the end of 7 days from the date of purchase, whichever is shorter ("Consumer Cancellation Period"). If you are acting as a consumer and validly cancel any contract for Services within the Consumer Cancellation Period Bykerbabe shall refund to you the Fees paid for the relevant Services. If you are acting as a consumer and cancel any contract for Services outside the Consumer Cancellation Period, the Fees paid by you for the relevant Services shall be non-refundable.
5.2 If you are not acting as a consumer (i.e. using the Services in the course of your business), the Consumer Protection (Distance Selling) Regulations 2000 shall not apply. Accordingly, if you are not acting as a consumer Bykerbabe's cancellation policy is as follows: you may cancel any subscription to/purchase of Services during the period up until the relevant Services are delivered or the end of 3 days from the date of purchase, whichever is shorter ("Business Cancellation Period"). If you are not acting as a consumer and validly cancel any contract for Services within the Business Cancellation Period Bykerbabe shall refund to you the Fees paid for the relevant Services. If you are not acting as a consumer and you cancel any contract for Services outside the Business Cancellation Period, the Fees paid by you for the relevant Services shall be non-refundable.

6. Third Party Advertising and Links to Third Party Websites
6.1 There may be third party advertising posted on the Site from time to time which may contain links to third party web sites, frames and portals ("Third Party Sites"). You acknowledge and accept that Bykerbabe does not exercise any review or editorial control over the content of such third party advertising whatsoever.
6.2 Accordingly, all Bykerbabe's liability or responsibility for the content of such third party advertising on the Site and any damage it may cause is hereby disclaimed and excluded to the maximum extent permitted by law.
6.3 Furthermore, Bykerbabe has not reviewed the content of Third Party Sites. Bykerbabe is not responsible for the content or availability of these Third Party Sites. If you decide to use any link to a Third Party Site you leave the Site and you do so at your own risk. It is your sole responsibility to take all protective measures to guard against viruses or other destructive elements which may exist on those Third Party Sites.
6.4 Links to Third Party Sites in the third party advertising or otherwise on the Site does not imply that:
• Bykerbabe endorses the content of such Third Party Sites;
• Bykerbabe is affiliated or associated with the owners of such Third Party Sites;
• Bykerbabe is legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the Third Party Sites; or
• any linked Third Party Site is authorised to use any trade mark, trade name, logo or copyright of Bykerbabe.

7. The Site
7.1 Bykerbabe reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Site at its sole discretion and without notice. It is the member's responsibility to refer to and update itself in relation to any changes made. Any such changes will become effective upon posting by Bykerbabe.
7.2 Bykerbabe does not warrant any continuity of connection, transmission over security or results from the use of any network connection or facilities provided or omitted to be provided in connection with the use of the Site.
7.3 Where Bykerbabe provides hyperlinks to a third party's website, Bykerbabe shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of any other web-site which may be referred to or accessed by the hyperlink and Bykerbabe does not endorse or approve the content of such third parties websites.
7.4 Bykerbabe makes no warranty as to the continuous availability of the Site, but shall use reasonable endeavours to keep down time to a minimum.

8. Your Information
8.1 "Your Information" is defined as any information you provide to Bykerbabe or other users during registration, in any public message area, through feedback or any e-mail or form features
8.2 Your Information and conduct (or any items listed therein) shall not:
• be false, inaccurate or misleading
• be fraudulent or involve the sale of counterfeit or stolen items
• infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy
• violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
• be defamatory, trade libellous, unlawfully threatening or unlawfully harassing
• be obscene, blasphemous, contain any pornography including without limitation child pornography or other legally resricted material
• contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
• create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything
• post or transmit chain letters, pyramid schemes, advertising, promotional materials, or other solicitation except as where explicitly requested by another user
8.3 To enable Bykerbabe to use Your Information supplied, such that we are not violating any rights you might have in that information, you agree to grant Bykerbabe a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence and the right to sub-license (through multiple tiers) to use the copyright, publicity and other intellectual property rights you have in Your Information, in any media now known or not currently known. Bykerbabe will only use Your Information in accordance with the Privacy Policy to the Site.
8.4 You are responsible for all statements made and acts that occur through the use of your membership and password. Please don't disclose your password to anyone. If your password has been stolen, you must let us know. Bykerbabe may at any time, and at its sole discretion, terminate your membership without prior notice to you for violating the above provisions.
8.5 While Bykerbabe cannot review all transmissions by members in the forum, we reserve the right to, and may from time to time, monitor any information transmitted or received through our service. Bykerbabe, at our sole discretion and without further notice to you, may review, remove, or otherwise block any information (including posts to message boards, forums and blogs) that we deem inappropriate or that violates any of this agreement.

9. Access and Interference
9.1 You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior written consent of Bykerbabe.
9.2 You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.
9.3 You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.
9.4 Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Bykerbabe by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Site without the prior written consent of Bykerbabe or the appropriate third party, with the exception of downloading or printing a single copy for yourself for offline viewing.

10. Ratings
10.1 You may not take any actions, which may undermine the integrity of the ratings system.
10.2 Export. You acknowledge that your rating consists of a composite number compiled by the aggregated ratings of other site users. Because ratings are not designed for any purpose other than for facilitating information searching for Bykerbabe members, you agree that you shall not market or export your Bykerbabe rating in any other venue.
10.3 Import. Bykerbabe does not provide the technical ability to allow you to import ratings from other websites, as this does not reflect your true online reputation within our community.

11. Breach
11.1 Without limiting other remedies, Bykerbabe may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide the Services to you if:
• you breach this Agreement or the documents it incorporates by reference (including but not limited to our Privacy Policy)
• Bykerbabe are unable to verify or authenticate any information you provide to us; and
• Bykerbabe believe that your actions may cause legal liability for you, our members or us

12. No Warranty
12.1 The Site including, without limitation, its contents, functionality, performance and features are provided on an "as available basis" at the member's sole risk and without representations or warranties of any kind and to the full extent permitted by law. Bykerbabe and other parties involved in creating, producing or delivering the Site expressly exclude all warranties, conditions or terms express or implied, statutory or otherwise including without limitation any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free.

13. Liability Limit
13.1 Nothing in this agreement is intended to limit or exclude any liability on the part of Bykerbabe where and to the extent that applicable law prohibits such exclusion or limitation.
13.2 Subject to the above statement and any clauses relating to limitation of liability elsewhere in these terms and conditions, in no event shall Bykerbabe or its suppliers be liable for any: lost profits; lost sales; lost business; lost opportunity; lost information; lost anticipated savings; or special, indirect or consequential damages (however arising, including as a result of negligence) arising out of or in connection with this agreement including the Site or Services.
13.3 Accordingly, subject to clause 13.1, you agree not to bring a claim of any nature against Bykerbabe in relation the use of or access to the Site and use or access to the Services, except where such a claim cannot be excluded by law. You acknowledge and agree that Bykerbabe will have the right (subject to the discretion of the Court) to a stay of proceeding if you bring any claim against Bykerbabe in breach of the foregoing.
13.4 Bykerbabe shall not be liable or responsible in any way for any damage caused by any misuse of the Site by you or any third party, or caused by any Service.
13.5 Bykerbabe shall be free to modify, temporarily suspend or cancel the Services and to reasonably amend these Terms and conditions at any time in writing which amendments will be deemed to be agreed by you upon using the Site and Services. Subject to clause 13.1 above, Bykerbabe shall not be liable for any damage or expenses incurred by you or any other person as a result of such modification, suspension or cancellation of any game or reasonable amendment to these Terms and Conditions.
13.6 You acknowledge that information, software and other material accessible over the Internet via the Site may contain viruses, worms, Trojan horses, cancelbots, or other harmful and destructive components. Bykerbabe shall not be liable for any direct, indirect, incidental or other loss or damages which result or may result from your access to or use of the Internet, Site or Services.
13.7 Bykerbabe shall not be liable for orders for purchase of or subscriptions to Services which are made via the Site but are not received by Bykerbabe for any reason, including but not limited to errors, disruption or downtime of Site which may, owing to corruption of data, lead to such orders/subscriptions being lost or which may lead to orders of/subscriptions to Services being submitted incomplete or with errors in which case such orders of/subscriptions to Services may need to be re-submitted.

14. Indemnity
14.1 You agree to indemnify, defend and hold harmless Bykerbabe and its subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or lost it may incur, including legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

15. Legal Compliance
15.1 You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.

16. No Agency
16.1 You agree that you and Bykerbabe are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

17. Notices
17.1 All notices required to be served on Bykerbabe shall be sent to the contact address stated in clause 1 or to the e-mail address of Bykerbabe as set out in clause 1 or as otherwise notified on the Site from time to time for such purpose.

18. Arbitration
18.1 Any controversy or claim arising out of or relating to this Agreement or Bykerbabe's Services shall be settled by an arbitration tribunal designated by Bykerbabe. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the U.K., and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Bykerbabe.com may seek any interim or preliminary relief from a court of competent jurisdiction in the U.K. necessary to protect the rights or property of you or us pending the completion of arbitration.

19. Intellectual Property
19.1 You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trade marks and trade names whether registered or unregistered and subsisting anywhere in the World) in the Site belongs to Bykerbabe or its third party licensors. Accordingly, any part of this Site (or its source HTML or any other code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilising this Site and the Services, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content in connection with the Services.
19.2 Subject to the terms and conditions herein, copyright and all other intellectual property rights subsisting in each and every piece of information provided on the Site is owned by Bykerbabe or the third party providers of such information. You may use information retrieved from the Site only for the purposes of the Services.
19.3 Bykerbabe reserves the right in accordance with the licence granted under clause 8.3 to license and republish the material contributed by you.
19.4 No person other than the rightful owner or licensee of any copyright and other intellectual property rights may:
• distribute, modify, transmit, re-use, re-post, or use any or all of the information on this Site for any purpose other than as set out above nor for public or commercial purposes without Bykerbabe's or the relevant licensee's prior written permission;
• provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the Bykerbabe Services without Bykerbabe's or the relevant licensee's prior written permission;
• display, publish, copy, print, post or otherwise use the Bykerbabe Services and the information contained therein for the benefit of any other website without Bykerbabe's or the relevant licensee's prior written permission;
• process or otherwise use the information contained on or within the Bykerbabe Services for any illegal or immoral purpose nor use or process the same unfairly.
19.5 You agree and accept that Bykerbabe may publish or otherwise distribute Your Information and you therefore grant to Bykerbabe an irrevocable, perpetual, non-exclusive right and licence to publish Your Information and all content contained therein on or within the Site, on any other media whatsoever and in its own advertising and promotion.
19.6 You therefore hereby undertake to Bykerbabe to indemnify and hold harmless Bykerbabe in full and defend at its own expense Bykerbabe against all claims, liabilities, costs and losses whatsoever and howsoever incurred by Bykerbabe its servants or nominees arising out of any claim made against it in any jurisdiction in the world for infringement of any intellectual property rights of any third party caused by your use of the Site and your Information.
19.7 Bykerbabe, Bykerbabe.com, the Bykerbabe.com logo and the Bykerbabe logo are trade names or trade marks of Bykerbabe, the use of which is expressly forbidden by any other persons without the express permission of Bykerbabe.
19.8 Bykerbabe makes no warranty or representation in respect of any other trade mark or trading name, symbol or device, all of which are hereby acknowledged. If you have any questions in relation to the use of any marks contained within the Bykerbabe Services please contact Bykerbabe at the address below.

20. General
20.1 This Agreement shall be governed in all respects by the laws of England and Wales as if the Agreement was a contract wholly entered into and wholly performed within England. The parties hereby submit to the exclusive jurisdiction of the English courts.
20.2 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out of these Terms and Conditions and the remaining provisions shall remain in force. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Bykerbabe's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
20.3 The laws of your country may be different from those of England and Wales in numerous respects. There is no practical way for Bykerbabe to monitor the laws of every country in detail. Please do not assume that you are allowed to do what other members do. Bykerbabe.com does not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.
20.4 Bykerbabe does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on the Site. Please do not assume that such items offered will be harmless to people or property.
20.5 These rules are in addition to all others contained in the agreement. You are responsible for checking that your activities are all lawful according to the local laws in your country. If you and any other party are both based in the European Union and enter into a transaction agreement of any kind through the site then the seller's local law will govern further dealings as to shipment, payment etc. - unless you both explicitly agree otherwise.
20.6 Note however, that your country (and/or that of any member you deal with) may have some laws, which apply regardless of what you agree with us (now) or with that member (later).