TERMS AND CONDITIONS
AGREEMENT TO OUR LEGAL TERMS
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the App. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
Your use of our Services
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Your submissions and contributions
- confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a
minor in the jurisdiction in which you reside, or if a minor, you have
received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or
otherwise; (7) you will not use the Services for any illegal or unauthorized purpose; and (8) your use of the Services will not violate any applicable law or regulation.
4. USER REGISTRATION
5. SOFTWARE
6. PROHIBITED ACTIVITIES
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Sell or otherwise transfer your profile.
- Selling any of the music or videos created. They are owned by Bikers Dream Music
7. USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
8. CONTRIBUTION LICENSE
9. MOBILE APPLICATION LICENSE
Use License
Apple and Android Devices
11. THIRD-PARTY WEBSITES AND CONTENT
12. ADVERTISERS
13. SERVICES MANAGEMENT
14. PRIVACY POLICY
15. TERM AND TERMINATION
16. MODIFICATIONS AND INTERRUPTIONS
17. GOVERNING LAW
18. DISPUTE RESOLUTION
Binding Arbitration
Restrictions
Exceptions to Arbitration
19. CORRECTIONS
20. DISCLAIMER
21. LIMITATIONS OF LIABILITY
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE three (3) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
22. INDEMNIFICATION
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
23. USER DATA
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
25. SMS TEXT MESSAGING
Program Description
Opting Out
Message and Data Rates
Support
26. CALIFORNIA USERS AND RESIDENTS
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
27. MISCELLANEOUS
28. DEALER PARTICIPATION
Bikers Dream Music, LLC (“BDM”) operates a digital platform, mobile application, website, social media channels, events, and related services designed to connect motorcycle enthusiasts, riders, dealerships, manufacturers, vendors, influencers, and community organizations.
This agreement establishes the terms under which the Dealer participates in the BDM platform and related promotional activities.
Dealer agrees to:
a. Provide accurate and current business information.
b. Maintain all licenses, permits, and authorizations required by applicable law.
c. Honor all advertised promotions submitted through the BDM platform.
d. Respond promptly to customer inquiries generated through BDM.
e. Ensure all inventory, pricing, and promotional information submitted to BDM is accurate.
f. Comply with all federal, state, and local advertising regulations.
g. Maintain professional conduct when interacting with BDM users and members.
BDM shall:
a. Provide access to the Dealer participation platform.
b. Promote participating dealerships through available BDM marketing channels.
c. Maintain commercially reasonable efforts to keep the platform operational.
d. Provide support for Dealer account administration.
e. Deliver agreed-upon promotional services as purchased by Dealer.
BDM does not guarantee sales volume, lead quantity, customer traffic, event attendance, or return on investment.
Dealer retains ownership of all logos, trademarks, photographs, inventory listings, videos, advertisements, and other materials supplied to BDM (“Dealer Content”).
Dealer grants BDM a non-exclusive, royalty-free license to use, reproduce, display, distribute, publish, and promote Dealer Content for purposes related to Dealer participation in the BDM platform.
Dealer represents and warrants that it owns or has permission to use all submitted content.
INTELLECTUAL PROPERTY
All BDM websites, mobile applications, software, trademarks, logos, graphics, branding, content, and related intellectual property are owned exclusively by Bikers Dream Music, LLC.
Nothing in this Agreement transfers ownership of any BDM intellectual property to Dealer.
Dealer may not copy, modify, distribute, reverse engineer, or otherwise exploit BDM intellectual property without prior written consent.
FEES AND PAYMENT
Dealer agrees to pay all fees associated with selected BDM services and programs.
Unless otherwise agreed in writing: Fees are non-refundable, Invoices are due within thirty (30) days. Late payments may result in suspension of services. Dealer remains responsible for all unpaid balances.
BDM reserves the right to modify pricing upon thirty (30) days written notice.
LEADS AND CUSTOMER CONTACTS
BDM may provide customer inquiries, leads, registrations, and engagement opportunities.
BDM makes no guarantee regarding: Number of leads, Lead quality, Customer conversion rates, Sales results Dealer is solely responsible for follow-up and customer engagement.
EVENTS AND PROMOTIONS
Dealer may participate in BDM-sponsored events, rallies, promotions, concerts, rides, and marketing campaigns.
Dealer assumes responsibility for: Staffing, Insurance, Product displays, vehicle demonstrations, Compliance with applicable laws
BDM is not responsible for Dealer personnel, inventory, equipment, or event-related losses.
DISCLAIMERS
The BDM platform and services are provided on an “AS IS” and “AS AVAILABLE” basis.
BDM makes no warranties, express or implied, including warranties of: Merchantability, Fitness for a particular purpose, Non-infringement, Availability, Performance, Sales effectiveness
BDM does not guarantee uninterrupted service.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, BDM shall not be liable for: Lost profits, Lost sales, Lost business opportunities, Indirect damages, Consequential damages, Incidental damages, Special damages
BDM’s total liability under this Agreement shall not exceed the total fees paid by Dealer to BDM during the twelve (12) months preceding the claim
INDEMNIFICATION
Dealer agrees to defend, indemnify, and hold harmless BDM, its officers, members, managers, employees, contractors, affiliates, and representatives from claims arising from: Dealer operations, Dealer advertising, Dealer products, Dealer services, Dealer content, Dealer violations of law, Dealer negligence or misconduct
TERM AND TERMINATION
This Agreement shall remain in effect until terminated by either party.
Either party may terminate:
a. With thirty (30) days written notice.
b. Immediately for material breach.
c. Immediately for illegal, fraudulent, abusive, or harmful conduct.
Termination does not relieve Dealer of payment obligations incurred prior to termination.
CONFIDENTIALITY
Each party agrees to maintain the confidentiality of proprietary business information obtained through participation in the BDM platform.
Confidential information shall not be disclosed to third parties except as required by law.
PRIVACY AND DATA
Dealer agrees to comply with all applicable privacy laws when handling customer information obtained through BDM.
Dealer shall not sell, transfer, or misuse customer information received through the platform.
GOVERNING LAW
This Agreement shall be governed by the laws of the State of Florida.
Any dispute arising from this Agreement shall be brought exclusively in the state courts located in Pinellas County, Florida, or the United States District Court for the Middle District of Florida.
No amendment shall be effective unless in writing and signed by both parties.
29. BIKERS DREAM WAVIER
BIKERS DREAM MUSIC, LLC
EVENT & RIDE LIABILITY WAIVER AND ASSUMPTION OF RISK AGREEMENT
This Event & Ride Liability Waiver and Assumption of Risk Agreement (“Waiver”) is entered into by the participant (“Participant”) and Bikers Dream Music, LLC (“BDM”).
This Waiver applies to all events, rides, rallies, concerts, bike nights, charity rides, meetups, festivals, contests, promotions, gatherings, and activities sponsored, promoted, hosted, organized, advertised, facilitated, or made available through the Bikers Dream Music mobile application, website located at bikersdreammusic.app, social media channels, or related services (collectively, the “Activities”).
ACKNOWLEDGMENT OF RISKS
Participant understands and acknowledges that participation in motorcycle-related activities involves inherent and significant risks, including but not limited to:
• Motorcycle accidents
• Vehicle collisions
• Road hazards
• Weather conditions
• Mechanical failures
• Negligence of other participants
• Negligence of third parties
• Animal encounters
• Property damage
• Bodily injury
• Permanent disability
• Death
Participant voluntarily chooses to participate despite these known and unknown risks.
ASSUMPTION OF RISK
Participant knowingly and voluntarily assumes all risks associated with participation in any Activities.
Participant acknowledges that risks may arise from:
• Participant’s own actions
• Actions of others
• Road conditions
• Event conditions
• Equipment failures
• Acts of nature
• Criminal acts of third parties
Participant accepts full responsibility for all risks and consequences.
RELEASE OF LIABILITY
To the fullest extent permitted by law, Participant releases and discharges:
Bikers Dream Music, LLC, its members, managers, officers, employees, contractors, volunteers, sponsors, advertisers, dealerships, vendors, affiliates, event organizers, and representatives
from any and all claims, liabilities, demands, causes of action, damages, losses, costs, expenses, attorney’s fees, or injuries arising from participation in any Activities.
This release includes claims based upon negligence but does not apply where prohibited by law.
MEDICAL TREATMENT
Participant authorizes emergency medical treatment if necessary.
Participant understands that BDM has no obligation to provide medical care, insurance coverage, transportation, or emergency services.
Participant is solely responsible for all medical expenses incurred.
INSURANCE
Participant acknowledges responsibility for maintaining appropriate:
• Health insurance
• Motorcycle insurance
• Automobile insurance
• Liability insurance
BDM does not provide insurance coverage for Participants.
PARTICIPANT RESPONSIBILITIES
Participant agrees to:
• Possess a valid driver’s license where required
• Comply with all traffic laws
• Operate vehicles safely
• Wear appropriate protective equipment
• Follow event rules
• Refrain from operating vehicles while impaired
Participant assumes full responsibility for compliance with applicable laws.
PHOTOGRAPHY AND MEDIA RELEASE
Participant grants BDM the unrestricted right to photograph, videotape, record, reproduce, publish, distribute, display, and use Participant’s name, image, likeness, voice, motorcycle, and related content for promotional, advertising, marketing, educational, and commercial purposes without compensation.
This authorization is perpetual, worldwide, and irrevocable.
INDEMNIFICATION
Participant agrees to defend, indemnify, and hold harmless BDM from claims arising from:
• Participant’s conduct
• Participant’s negligence
• Participant’s violations of law
• Participant’s injuries
• Damage caused by Participant
MINIMUM AGE REQUIREMENT
Participants must be at least eighteen (18) years old unless specifically authorized by BDM for a particular Activity.
Parents or legal guardians must execute any required minor participation forms.
GOVERNING LAW
This Waiver shall be governed by the laws of the State of Florida.
Any dispute shall be brought exclusively in the state courts located in Pinellas County, Florida, or the United States District Court for the Middle District of Florida.
SEVERABILITY
If any provision of this Waiver is held unenforceable, the remaining provisions shall remain in full force and effect.
10. SOCIAL MEDIA