Perth Street Bikes Rules

USER TERMS & CONDITIONS

This web site is owned and operated by PERTHSTREETBIKES.COM PTY LTD (ACN 127 435 858) and will be referred to as “we”, “our” and “us” in these Terms and Conditions.

This page states the “Terms and Conditions” under which you may use this web site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site.

By using this web site, you are indicating your acceptance to be bound by these Terms and Conditions.

We may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions.

The terms “you” and “user” as used herein refer to all individuals and/or entities accessing this web site for any reason.

The terms “web site” and “forum” as used herein refer to all of the content contained within the perthstreetbikes.com domain.

INDEX

1. Use of Web Site Content
2. Web Site Security Rules
3. Specific Prohibited Users
4. Privacy Policy
5 Our Liability
6. Disclaimer of Consequential Damages
7. Termination
8. Indemnity
9. General
10. Private Messages Rules
11. Your Registration Obligations
12. Online Conduct
13. License
14. Indemnity
15. Sanctions
16. Links to other sites
17. Problems or Questions
18. Email Account Rules (During and After Registration)
19. Signatures
20. Avatars
21. Multiple Accounts
22. Individual Section Guidelines
23. Your Security
24. Your Standing Invitation to Leave and Account Deletion Requests
25. Personal Safety and Responsibility
26. General Release
27. Contact Information

1. Use of Web Site Content

We authorise you to view and access a single copy of the content available on or from the web site solely for your personal and noncommercial use.

The contents of this web site such as text, graphics, images, logos, button icons, software and other web site content (collectively, “web site content”), are protected under both Australian copyright, trademark and other laws.

All web site content is our property or our content suppliers’.

You may not sell or modify the web site content or reproduce, display, publicly perform, distribute or otherwise use the web site content in any way for any public or commercial purpose.

The use of the web site content on any other web site or in a networked computer environment for any purpose is prohibited.

2. Web Site Security Rules

Users are prohibited from violating or attempting to violate the security of the web site, including, without limitation:

- accessing data not intended for such user or logging into a server or account which the user is not authorised to access;

- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;

- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the web site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or

- forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of system or network security may result in civil or criminal liability.

We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

3. Specific Prohibited Users

The web site may be used only for lawful purposes by sports motorcycle enthusiasts.

We specifically prohibit any use of the web site, and all users agree not to use the web site for any of the following:

- posting any incomplete, false or inaccurate information;

- deleting or revising any material posted by any other person or entity;

- using any device, software or routine to interfere or attempt to interfere with the proper working of the web site or any activity being conducted on this site;

- aggregating, copying or duplicating in any manner any of the web site content or information available from the web site.

4. Privacy Policy

We are committed to protecting the privacy of personal data collected at this web site. The Privacy Policy ( which may be viewed by visiting the Frequently Asked Questions ‘FAQ’ page) summarises the policies of this web site regarding the collection, use and transfer of personal data and regarding security measures we employ to protect such personal data and should be reviewed carefully. Nevertheless, by using this web site, visitors agree to the terms and conditions of the Privacy Policy. We reserve the right to change the Privacy Policy at any time by posting a new policy at this location.

5 Our Liability

We expect that you will use caution and common sense when using this web site.

The web site content may contain inaccuracies or typographical errors.

We make no representations about the accuracy, reliability, completeness, or timeliness of the web site or the web site content. The use of the web site and the web site content is at your own risk.

Changes are periodically made to the web site and may be made at any time.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material placed by you on the web site.

We do not warrant that the web site will operate error-free or that the web site and its server are free of computer virus or other harmful mechanisms. If your use of the web site or the web site content results in the need for servicing or replacing equipment or data, we are not responsible for those costs.

The web site and web site content are provided on an “as is” basis without any warranties of any kind. We, to the fullest extent permitted by law, disclaim all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. We make no warranties about the accuracy, reliability, completeness, or timeliness of the web site content, services, software, text, graphics and links.

6. Disclaimer of Consequential Damages

In no event will we be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use of inability to use the web site and the web site content, whether based on warranty, contract, tort, or any other legal theory, and whether or not we advised you of the possibility of such damages.

7. Termination

We reserve the right, at our sole discretion, to pursue all legal remedies, including but not limited to deletion of your postings from this web site and/or termination of any service provided to you by us, upon any breach by you of these Terms and Conditions or if we are unable to verify or authenticate any information you submit to the web site.

8. Indemnity

You agree to indemnify, and hold us harmless and our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from:

- any material you provide to the web site;

- any web site content that you use; or

- your breach of the terms of these Terms and Conditions.

We shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

9. General

We make no claims that the web site content may be lawfully viewed or accessed outside of Australia.

Access to the web site content may not be legal by certain persons or in certain countries.

If you access the web site from outside of Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms and Conditions are governed by the internal substantive laws of Western Australia. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts of Western

Australia. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.

Except as expressly provided in addition terms of use for areas of the web site, a particular “Legal Notice,” or software license or material on particular web pages, these Terms and Conditions constitute the entire agreement between us and you with respect to the use of the web site.

10. Private Messages Rules

These rules and our Privacy Policy govern all activity in Private Messages and on this web site generally.

In using the Private Message function on our web site, you agree to be bound by them.

11. Your Registration Obligations

In consideration of your use of website, you agree to:

- provide true, accurate, current and complete information about yourself when filling out our registration form; and

- maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.

Your user name will be used to identify you online. Have fun with your user name by all means but vulgar or offensive names will constitute a breach of these rules.

If you are offended by another user’s screen name, please email us at staff@perthstreetbikes.com immediately. Similarly if you are unsure about whether a username you would like to use may breach these rules, email staff@perthstreetbikes.com for advice.

We are concerned about the safety and privacy of all our users, particularly children. Please remember that our forums are designed to appeal to a broad audience of sports motortcycle enthusiasts. Accordingly, it is your responsibility to determine whether any use of the forum and our web site is appropriate for you or a child.

12. Online Conduct

You understand that all data, text, software, music, sound, photographs, graphics, video, messages or other materials (‘content’), whether publicly posted or privately transmitted, are the sole responsibility of the person from which the content originated. This means that you, and not us, are entirely responsible for all content that you upload, post or email via our web site. We do not control the content posted via any forum and therefore do not guarantee the accuracy, integrity or quality of the content.

Under no circumstances will we be liable in any way for any content, including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of your use of any content. You agree that you must evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness. You also understand that by using our web site, you may be exposed to content that is offensive, indecent or objectionable.

You agree that you will not use the forums or any part of the web site to:

- upload, post or email any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

- harm minors in any way;

- impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;

- ‘stalk’ or otherwise harass another;

- collect or store personal data about other users;

- upload, post or email any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

- upload, post or email any content that infringes any intellectual property rights of any party;

- upload, post or email any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, or any other form of solicitation;

- upload, post or email any content that contains computer virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

- disrupt the normal flow of dialogue, cause a screen to ‘flood’ with multiple repeated posts, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; or

- violate any applicable national or international laws or regulations.

You acknowledge that we do not pre-screen content but that we shall have the right (though not the obligation) in our sole discretion to move, modify or remove any content that is available on or via any forum or our web site generally.

13. License

You grant to us a world-wide, royalty-free, irrevocable, non-exclusive license (including the right to sub-license) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content (in whole or part) you upload, post or email and/or to incorporate such content in other works in any form, media or technology now known or developed.

14. Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities arising from any third party claim in relation to any content you upload, post or email on or through our forum or our web site, your use of the forum and our web site, or your breach of the provisions of these rules.

15. Sanctions

As soon as we are made aware of activities that breach these rules, our Terms and Conditions or our Privacy Policy, prompt action will be taken. If you witness such breaches in the fourm or anywhere else in our web site, please notify us immediately by clicking the “report” button attached to each post of email abuse@perthstreetbikes.com.

On being made aware of any such breaches, we may ban, delete or prohibit any content that relates to those breaches or that we judge harmful to individuals or our rights or any of our affiliates, licensors or partners.

We reserve the right to take whatever action we deem necessary to prevent such breaches including the following:

- breaches we deem minor may result simply in receipt of a warning from us; or

- breaches we deem serious may result in your automatic ban from our web site generally.

All incidents will be logged and our decision is final in all such cases.

Any breaches may lead to us reporting your activities to your Internet Service Provider (ISP), relevant authorities, or to legal action being taken against you, or both.

In addition we may at any time move, modify or remove any content or take further legal action as a result of breaches or suspected breaches of these rules, our privacy policy, any applicable laws or regulations or where our rights or third party rights are threatened or infringed.

16. Links to other sites

We provide links to web sites outside of our web site, as well as to third party web sites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that web site and its privacy statement.

17. Problems or Questions

If we become aware of any ongoing concerns or problems with our web site, we will take these issues seriously and work to address these concerns. If you have any further queries related to our Privacy Policy, or you have a problem or complain, please contact us at staff@perthstreetbikes.com.

18. Email Account Rules (During and After Registration)

When registering on the forum you are required to register from a non-freemail account such as a work email account or the email account provided to you with your internet connection by your ISP. Freemail accounts are those that are subscribed to online, and include email accounts such as hotmail, yahoo, gmail etc. This policy is in place because allowing registration via free email accounts opens up the forum to spam. It also makes it easier for habitual forum trouble makers to sign back up to the forum under an alias should their actions lead to their termination of forum access. Finally it greatly increases the risk of "Email Harvesters" or bots signing up and scouring the forums for information on our members.

19. Signatures

Signatures may contain up to 8 lines (one line being that displayed on a browser opened to 800px width) of text (of small or normal size) and/or one image, valid combinations include; a single image of no more than 60px high, 468px wide and 6kB (6000 Bytes) in size.

Signatures containing an image this large may also include one line of small size text.

Signatures containing an image of 30px high may include up to three lines of small size text or two lines of normal size text. Images of 15px height or less may allow up to three lines of normal size text or four lines of small size text. Animated images are not allowed.

Text sizes should be between 9 and 12 (small and normal). Text in signatures is subject to the same conditions as the posting rules.

Links in signatures are permitted to a maximum of four unique pages or sites. Such links may only be to ‘safe for work’ material. Linked sites may be commercial in nature. You may not include links in a way which suggests you offer us official support or software. You may not link to warez, porn or political, racist or other similar hate sites. Links are included in signature size limits.

Avoid offensive or inflammatory imagery or phrasing for signatures. Signatures should be small and tasteful.

Users who abuse these rules will be warned and/or have their signature edited by us.

20. Avatars

Users are permitted to utilise a gallery avatar or to link to one of their own. User defined avatars are to be no larger than 150 pixels square.

Your avatar MUST be “Safe for Work”. Avoid offensive or inflammatory imagery or phrasing for avatars.

Users abusing these rules will be warned, and or may have their avatar deleted by us. Repeat offenders may lose their avatar privileges.

21. Multiple Accounts

Multiple accounts (or ‘Fakeys’) are not permitted on our website.

Each user has the right to register one account on the forum for their use. If it is found that a user has registered more than one account to use as an alias, they will have their fake account and their primary account terminated without notice.

22. Individual Section Guidelines

Our forum has many different sections within the forum with their own themes. These sections may have their own set of website rules that are unique to the section. In addition to the rules appearing here, you are also bound by the unique rules applicable to the forum if you proceed to use that section of the Forum.

These rules appear at the top of each section as you enter in. You must read these rules (where applicable) prior to reading or posting threads within the sections.

23. Your Security

Our forum uses licensed versions of common and popular

forum software programs, and database systems. As such it is under constant evolution by its creators.

The forum itself can be accessed by any person who completes the standard registration process.

Whilst the forum is secured to the maximum extent available, it does not mean it is infallible. It could be accessed by hackers and scripters, or could be accessed by someone who may physically steal or seize your computer.

It is a common misconception that you can operate with anonymity when on the internet, this is clearly not so.

We therefore warn you that if you post personal details about yourself, your bike, your riding habits, or joke about your latest brush with the law, although we all may find it very entertaining, be warned that it could be read by someone who could collect this information to help them profile you to the point of identifying you with a level of certainty that could ultimately result in a compromise of your identity and personal security.

Please consider the possibilities before divulging information about you and your riding habits to the extent that it may be incriminating to you or someone else, prior to making a post.

We do not condone illegal activities with the use of a motorbike or otherwise.

24. Your Standing Invitation to Leave and Account Deletion Requests

If at any time you do not wish to participate further with our website or do not consent to abide by these Terms and Conditions, we invite you to leave at any time by clicking on the red ‘X’ on the top right hand side of your screen or press ‘log out’.

Requests to have your account deleted will be ignored. Your postings will remain a part of our content indefinitely.

If you don’t wish to use your account again, or do not agree to abide by these Terms and Conditions, do not visit our web site and do not log in.

25. Personal Safety and Responsibility

Motorcycling is a dangerous activity and you could get injured or even killed. Always:

- drive in a safe and lawful manner;

- wear personal protective equipment;

- obey all road rules all the time.

26. General Release

We merely provide a forum allowing Perth street bike riders to come together, communicate, and socially interact.

Therefore we have no control whatsoever over the quality, legality or safety of any advertised, posted, or promoted items, events, or gatherings, or of any other characteristics upon which you may rely and the accuracy of any of the posts.

Consideration should always be given to the nature of the internet transactions and the risks involved. You may never meet or speak to the other party to the transaction and, as a result, you must proceed with care and judgement when using any services promoted on the web site, or if you make personal contact with another user of the web site or attend any meetings or special events.

In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of our web site and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your such use or in relation to your dealings with such other user or third party.

Your acceptance of these Terms and Conditions also acts as a general release of Perthstreetbikes.com Pty Ltd and any of its subsidiaries (and all of their officers, directors, agents, administrators, moderators, and employees) from any liability for any claims, loss and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of our web site.

Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

27. Contact Information

Please click the 'Contact Us' link located at the bottom right hand side of the screen.