||Terms and Conditions
Welcome to Cycle World Kawasaki Ninja 1000 Experience (the "Hub"). The Hub is an interactive website owned and operated by Hachette Filipacchi Media U.S., Inc. ("HFM U.S.", "we" or "us"), with a principal place of business at 1271 Avenue of the Americas, New York, New York 10020. The Hub has been developed so that participants ("Participants") in the Full Immersion Ninja 1000 Experience (the "Event") can post comments and photos about their experience with the Kawasaki Ninja 1000cc Motorcycles ("Motorcycles") provided to them free-of-charge during the Event by Kawasaki Motors Corp., U.S.A., a Delaware corporation ("KMC"), and motorcycle enthusiasts can read about those experiences and provide their own comments and feedback on the Hub. The Hub contains Participant and user-generated content, an overview of the Event, and links to content supplied by HFM U.S., KMC and their affiliates and business partners.
Each of the Participants has received the following compensation in consideration of their commitment to post blog entries on the Hub: One (1) Motorcycle for use free-of-charge during the Event, a $50 Shell gas card and a portable HD video camera.
This Agreement (the "Agreement") signifies your agreement to the terms and conditions of use set forth herein. If you do not agree to the terms and conditions set forth herein, please do not go any further into the Hub.
Subject to the terms and conditions set forth in this Agreement, HFM U.S. and KMC are granting you a non-exclusive, non-transferable, limited right to access, use and display the Hub and the materials thereon, provided that you comply fully with the terms and conditions of this Agreement. The Hub is only for your personal noncommercial use. You agree not to interrupt or attempt to interrupt the operation of the Hub in any way.
All material on the Hub, including without limitation software, text, files, images, audio and video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, "Content") is owned or controlled by HFM U.S., KMC or their affiliates or licensees. The Hub and the Content are protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. You agree to abide by all restrictions displayed on the Hub.
You may not download, display, reproduce, create derivative works from, transmit, sell distribute, or in any way exploit the Hub or any portion thereof for any public or commercial use without the express written permission of HFM U.S. and KMC. You may view and download one (1) copy only of material from the Hub (unless otherwise specifically indicated) for your personal, non-commercial home use only, provided that you maintain all copyright and other notices contained therein. You may obtain more information on the copyrights, trademarks, and service marks of HFM U.S., KMC and their affiliates by viewing the copyright and trademark notices posted on the Hub.
You may not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic means of obtaining lists of users or other information from or through the Hub, including without limitation any information residing on any server or database connected to the Hub; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Hub in any manner with the intent to damage, disable, overburden, or impair the Hub; or (iv) frame the Hub with any other content or information without the prior written permission of HFM U.S. and KMC.
You agree not to use the Hub to:
- Post, upload or otherwise transmit or link to Content or other material that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another's privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Hub, including our servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of the Site Services;
- Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the Site Services, or to circumvent or modify any security technology or software that is part of the Site Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Hub. If you do so, you acknowledge you will have caused substantial harm to us, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay us $50 for each actual or intended recipient of such communication;
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person's consent;
- Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without our prior written consent;
- Use the Hub to advertise or promote competing services;
- Use the Hub in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate or encourage others to do any of the foregoing.
You alone are responsible for the content and consequences of any of your messages. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Hub, HFM U.S. or KMC.
HFM U.S. maintains a policy of termination in appropriate circumstances of users who use the Hub for repeat infringements. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent: Catherine R. Flickinger, Esq.
Executive Vice President, General Counsel and Secretary
Hachette Filipacchi Media U.S., Inc.
1271 Avenue of the Americas
New York, NY 10020
HFM U.S. reserves the right, but does not have an obligation, to review all materials posted to the Hub by users, and HFM U.S. is not responsible for any such materials posted by users. However, HFM U.S. reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in HFM U.S.'s sole discretion are objectionable or in violation of this Agreement.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or through the Hub, you grant to HFM U.S. and KMC a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free, sublicensable, transferable (in whole or in part) license to use, 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, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by HFM U.S. or KMC of any material or idea submitted by you in any Communications. You waive all rights to any claim against HFM U.S. or KMC for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that neither HFM U.S. nor KMC is under any obligation to use any material or ideas submitted by you in any Communications in any way whatsoever, and is not responsible for maintaining, and may delete at any time, any of your Communications.
You represent and warrant that: (i) you own the Communications posted by you on or through the Hub, or otherwise have the right to grant the license set forth in this Agreement, and (ii) the posting of Communications by you on or through the Hub does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Communications posted by you on or through the Hub.
You acknowledge that Communications transmitted to and from the Hub are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to the Hub, no confidential, fiduciary, contractually implied or other relationship is created between you and either HFM U.S. or KMC other than pursuant to this Agreement. Neither HFM U.S. nor KMC shall be responsible for the payment of any monies to any party in connection with HFM U.S.'s or KMC's use of Communications submitted by you to the Hub.
The Hub contains links and pointers and sometimes may frame other World Wide Web Internet sites, resources, and sponsors of the Hub. Links from the Hub to Web sites maintained by third parties (other than HFM U.S. or KMC) and the framing of third-party sites do not constitute an endorsement by HFM U.S. or KMC of such third party resources or their contents. Links and frames also do not imply that HFM U.S. or KMC sponsor, are affiliated or associated with, or otherwise recommend, certify or endorse the third party site, or that any such site is authorized to use any trademark, trade name or logo of HFM U.S. or KMC. You should direct any concerns regarding any external link to its site administrator or webmaster. HFM U.S. and KMC do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Hub. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. HFM U.S. reserves the right, on behalf of itself and KMC, in its sole discretion, to correct any errors or omissions in any portion of the Hub.
HFM U.S. may include routing buttons within the Hub, the activation of which will allow you to access and learn about HFM U.S. and KMC or other services provided by HFM U.S., KMC and their affiliates. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES PERTAINING TO THE USE OF SUCH SERVICES.
It is possible that you may order services or merchandise through the Hub from other persons or companies not affiliated with HFM U.S. or KMC ("Sellers"). All issues and concerns pertaining to merchandise and services sought or purchased from Sellers, including but not limited to purchase terms, payment terms, guarantees, warranties, delivery, maintenance, etc. are solely between you and the Seller. You will not consider HFM U.S. or KMC, nor will HFM U.S. or KMC be deemed, a party to such transactions, whether or not HFM U.S. or KMC may have received some form of revenue or other compensation in connection with the transaction, or liable for any costs or damages you or anyone else incurs as a result of the transaction, irrespective of whether these damages or costs arise directly or indirectly from the transaction. HFM U.S. AND KMC MAKE NO WARRANTY CONCERNING ANY MERCHANDISE OR SERVICES PURCHASED ON OR OBTAINED THROUGH THE HUB OR ANY TRANSACTIONS ENTERED INTO THROUGH THE HUB. YOUR PURCHASE OF ANY MERCHANDISE OR SERVICES OR PARTICIPATION IN ANY TRANSACTION IS SOLELY AT YOUR OWN RISK. It is also expressly acknowledged that the hosting provider is not providing any of, and is not responsible for, the content and services of the Hub.
You agree to indemnify, defend and hold harmless HFM U.S., KMC, their affiliates and all of their respective officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of or failure to use the Hub, or any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of HFM U.S. and KMC.
THE HUB AND ALL CONTENT, FUNCTIONS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE HUB ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HFM U.S. AND KMC DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER FOR THE HUB; OR THAT THE HUB OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HFM U.S., KMC AND THEIR SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE HUB, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED, TO HFM U.S.'S OR KMC'S NEGLIGENCE.
UNDER NO CIRCUMSTANCES SHALL HFM U.S., KMC, THEIR SUBSIDIARIES OR AFFILIATES, OR ANY OTHER INDEMNIFIED PARTIES, BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE HUB, EVEN IF HFM U.S., KMC OR THEIR SUBSIDIARIES OR AFFILIATES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. IN NO EVENT SHALL HFM U.S., KMC OR THEIR SUBSIDIARIES OR AFFILIATES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
HFM U.S. on behalf of itself and KMC, reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time by posting an amended version of the Agreement on Hub. Changes in this Agreement will be effective when posted. Your continued use of the Hub after any changes to this Agreement are posted will be deemed acceptance of those changes. HFM U.S. on behalf of itself and KMC, may terminate, change, suspend or discontinue any aspect of the Hub at any time and may also impose limits on certain features and services or restrict your access to part or all of the Hub without notice or liability.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF NEW YORK, STATE OF NEW YORK.
We control and operate the Hub from our offices in the United States of America. We do not represent that materials on the Hub are appropriate or available for use in other locations. Persons who choose to access the Hub from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Agreement constitutes the entire agreement between HFM U.S. and you with respect to your use of the Hub. Any cause of action you may have with respect to your use of the Hub must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Copyright ©2011 Hachette Filipacchi Media U.S., Inc.
All rights reserved.
This Site and any content appearing on it may not be published, broadcast or otherwise distributed without the prior written permission of HFM U.S. and KMC.
CYCLE WORLD and other related marks used on the Hub are trademarks or service marks of Hachette Filipacchi Media U.S., Inc.
JUMPSTART is a trademark of Jumpstart Digital Marketing, Inc.
The names, trademarks, vehicle designs, specifications, logos, artwork, advertising materials and other works associated with any Kawasaki vehicles or accessories are the protected intellectual property of KMC.
You may not use the foregoing marks, trademarks or service marks, logos or other identifiers without the prior written authorization of HFM U.S., KMC and/or the trademark owner.