In addition to providing a quick and convenient way to purchase Photos and other digital resrouces on Motosha (the "Images/Website"), provide you with information, education and communication regarding the Images. We reserve the right to modify, add or remove all services and features of motosha.com.
Please read these Terms and Conditions of Use ("Terms") carefully. These Terms include our policy for acceptable use of motosha.com, its content and content posted on the forum and FAQ, your rights, obligations and restrictions regarding your use of this Site and our Privacy Policy found here.
By accessing motosha.com, you accept, without limitation or qualification, the following Terms. You are only authorised to use motosha.com and its services if you agree to abide by all applicable laws and to these Terms. If you do not accept these Terms, you must discontinue use of motosha.com.
We may modify these Terms from time to time and such modification will be effective upon posting on this Site. You agree to be bound to any changes to these Terms when you use this Site after any such modification is posted. It is important that you review these Terms regularly to ensure you are updated as to any changes made.
Without limiting any other provisions of these Terms, you may not use this Site for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this Site may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other reason, or no reason. You expressly agree not to:
Use motosha.com or its contents for any commercial purpose. Access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure. "frame," "mirror" or otherwise incorporate any part of motosha.com into any other website without our prior written permission.
Content on motosha.com
The material on this Site is protected by U.S. and international copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from motosha.com without a license or other written permission obtained in advance, including but not limited to text, audio, video, code and software. During your visit to this Site, however, you may download material displayed for non-commercial, personal use only (provided that you also retain all copyright and other proprietary notices contained on the materials). We neither warrant nor represent that your use of materials displayed on this Site will not infringe rights of third parties not owned by us or affiliated with motosha.com.
motosha.com provides you and other users with an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the forum, ticketing or others ("Post" or "Postings"). Postings do not reflect our views; and we have no obligation to monitor, edit, or review any Postings on the Forum. We assume no responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on this Site or the Forum. You are strictly prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
Without limiting the foregoing, the following behaviours are strictly prohibited:
Intellectual Property
You represent and warrant that (i) you own the content Posted by you on or through the forum, ticketing or otherwise have the right to grant the license set forth below in the subsequent paragraph, and (ii) the Posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
By displaying or posting content on the forum and ticketing system, you hereby grant us a nonexclusive, royalty free, perpetual, global license to publish the content submitted by you to the forum or ticketing system. You also grant us global nonexclusive adaptation and resale rights over any content and material submitted to motosha.com. These nonexclusive publishing license and resale/adaptation rights extend to any materials submitted "for publication" within motosha.com, including both message board postings and content submitted for uploading and subsequent publishing within non-message board portions of motosha.com. Neither we nor our staff or agents will be responsible for any misleading, false or otherwise injurious information and advice communicated on motosha.com or for any results obtained from the use of such information or advice. We will not be liable for any loss or damage suffered by a user through the user’s reliance on information and advice gained through user-generated content posted on motosha.com.
Links
motosha.com may provide links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites and resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such website or resource.
User Prohibitions
Unauthorised access to registered areas of this Site by non-registered users is strictly prohibited. If you have a user password allowing access to a non-public area of this Site, you may not disclose or share your password with any third party(ies) or use your password for any unauthorised purpose.
Children Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at ParentalSoftware.org’s website, http://www.parentalsoftware.org.
Infringement Policy
Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Copyright Act"), we reserve the right, but not the obligation, to terminate your license to use this Site if we determine in our sole and absolute discretion that you are involved in infringing activity, including allege acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, must include the following information:
A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed or the person defamed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, you must submit a list of such materials.
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and an e-mail address.
A statement that you have a good faith belief that use of the material, in the manner complained of is not authorised by the copyright or other proprietary right owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
Indemnity
You agree to indemnify and hold us, and our subsidiaries, affiliates, directors, officers, agents, vendors or other partners and employees harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of any material or information posted, provided, transmitted or otherwise made available by you on this Site or through motosha.com’s services, or by your violation of these Terms, or by your violation of the rights of another.
Disclaimers and Limitation of Liability
You understand and agree that this Site is provided "AS-IS" and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to motosha.com. Nor do we assume any liability for the failure to store or maintain any user communications or personal settings.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM motosha.com OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
IN NO EVENT SHALL motosha.com OR ITS OWNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF motosha.com OR ITS SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract.
If there is any dispute about or involving motosha.com or its services, you agree that the dispute will be governed by the laws of Switzerland, Zurich, without regard to conflict of law provisions. You agree to exclusive personal jurisdiction and venue in the state and federal courts of Switzerland located in Zurich, respectively. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal district and state courts of Zurich with respect to such matters. We make no representation that materials on motosha.com are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to use or access motosha.com from other locations do so on their own initiative and are responsible for compliance with local laws.
The section titles and other headings in these Terms are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.