How Fees are Charged and Collected
Copyright and Intellectual Property
Dos and Donts
1. ACCEPTANCE OF TERMS
2. BIKERLIST OPERATES EXCLUSIVELY AS A VENUE
Consequently, Bikerlist never holds title, and does not transfer legal ownership of items from the seller to the buyer.
Bikerlist cannot guarantee the true identity, age, and nationality of a user. Bikerlist encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You specifically agree that Bikerlist is only a venue, and, as such, is not responsible or liable for any content. For example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, and items posted by you, other users, or outside parties on Bikerlist. You use the Bikerlist Service absolutely at your own risk.
3. MODIFICATIONS TO THIS AGREEMENT
By posting Content on Bikerlist, it is possible for an outside website or a third party to re-post that Content. You agree to hold Bikerlist completely harmless for any dispute concerning this use. If you choose to display your own Bikerlist-hosted image on another website, the image must provide a link back to its listing page on Bikerlist.
Bikerlist considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Bikerlist shall not be liable for the disclosure or use of such Material. If, at Bikerlist's request, any member sends Material to improve the site (for example through Forums, if any, or to customer support), Bikerlist will also consider that Material to be non-confidential and non-proprietary and Bikerlist will not be liable for use or disclosure of the Material. Any communication by you to Bikerlist is subject to this Agreement. You hereby grant and agree to grant Bikerlist, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
5. THIRD PARTY CONTENT, SITES, AND SERVICES NO LIABILITY
As stated before, the Bikerlist site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Bikerlist.
Further, as only a venue, Bikerlist is not at all involved with transactions between buyers, sellers, or users of the Site, and, as stated before, assumes no responsibility for the transaction generated by the site. You agree that Bikerlist shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Bikerlist is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Bikerlist, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
6. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Bikerlist at email@example.com for notice of claims of copyright or other intellectual property infringement.
Please provide Bikerlist with the following Notice:
a) Identify the material on the Bikerlist site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address.
Bikerlist will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
7. PRIVACY AND INFORMATION DISCLOSURE
You are solely responsible for your conduct and activities on and regarding to Bikerlist and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, and items that you submit, post, and display on Bikerlist.
You agree not to post, email, or otherwise make available Content:
a) that is false, inaccurate or misleading
b) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
c) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
d) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
e) that states, in any notice or ad for sale or services, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
f) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
g) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
h) that impersonates any person or entity, including, but not limited to, a Bikerlist employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
i) that includes personal or identifying information about another person without that person's explicit consent;
j) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
k) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
l) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
m) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Bikerlist sites which are not designated for such purposes; or emailed to Bikerlist users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
n) that includes links to commercial services or web sites, except as allowed in Services.
o) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience:
p) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
q) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
r) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
s) modify, adapt or hack Bikerlist or modify another website so as to falsely imply that it is associated with Bikerlist;
t) appear to create liability for Bikerlist or cause Bikerlist to lose (in whole or in part) the services of Bikerlist's ISPs or other suppliers;
w) contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall.
Additionally, you agree not to:
1) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
2) "stalk" or otherwise harass anyone;
3) collect personal data about other users for commercial or unlawful purposes;
4) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Bikerlist;
5) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
6) post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
7) attempt to gain unauthorized access to Bikerlist's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Bikerlist website; or
8) use any form of automated device or computer program that enables the submission of postings on Bikerlist without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
9. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Bikerlist's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Bikerlist. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Bikerlist.
10. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to Bikerlist email addresses or through Bikerlist computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of Bikerlist computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Â' 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
11. FEES AND SERVICES
Joining and setting up a shop on Bikerlist is free. At this time Bikerlist charges only a fee as a percentage of the sale price (as defined in this site) when the item sells. When you list an item you have an opportunity to review and accept the fee that you will be charged. Bikerlist's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Bikerlist's services are effective after Bikerlist provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Bikerlist may choose to temporarily change the Fees Policy and the fees for Bikerlist's services for promotional events. Such changes are effective when Bikerlist posts the temporary promotional event on the Site. Bikerlist may, at Bikerlist's sole discretion, change some or all of Bikerlist's services at any time. In the event Bikerlist introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
You are responsible for paying all fees and applicable taxes associated with using Bikerlist. Payments are made exclusively through Pay Pal who also acts as the merchant service for credit card information. To view Pay Pal Acceptable Use Policy link https://cms.paypal.com/us/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/AcceptableUse_full&locale.x=en_US. All BikerList fees and Pay Pal transaction fees are charged upon the time of sale.
If Bikerlist terminates a listing or your account, if you close your account, or if the payment of your Bikerlist fees cannot be completed for any reason, you remain obligated to pay Bikerlist for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Bikerlist.
12. LISTING AND SELLING
By listing an item on the Site you warrant that you and all aspects of the item comply with Bikerlist's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Bikerlist listing. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. Links, web addresses and any personal contact information is not permitted in the listing of an item. All contact between buyer and seller is through the service provided by Bikerlist questions and answers. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
All sellers are urged to outline policies for their Bikerlist listing. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All policies must comply with Bikerlist's site-wide policies. Sellers are responsible for enforcing their own reasonable policies, as well as all taxes, title, fees and registrations. Bikerlist reserves the right to request that a seller modify a policy.
All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. All payments for listed products sold must be made through Bikerlist.com for the purposes of collecting the commission owed to Bikerlist.
The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Bikerlist transaction fees, misrepresent the item's location, or use another user's account without permission.
You agree that Bikerlist has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Bikerlist reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Bikerlist shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. ACCESS TO THE SERVICE
Bikerlist grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Bikerlist.
A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
Bikerlist offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Bikerlist permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to Bikerlist' as the source, (d) your use or display does not suggest that Bikerlist promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Bikerlist's systems. Bikerlist reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by Bikerlist immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Bikerlist.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Bikerlist. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Bikerlist, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although Bikerlist does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Bikerlist an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Bikerlist all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
BIKERLIST, BIKERLIST'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND BIKERLIST'S SUPPLIERS PROVIDE BIKERLIST'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. BIKERLIST, BIKERLIST'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND BIKERLIST'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM BIKERLIST SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
16. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL BIKERLIST, AND (AS APPLICABLE) BIKERLIST'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR BIKERLIST'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, BIKERLIST'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
BIKERLIST'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF BIKERLIST'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO BIKERLIST IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. 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 some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
YOU AGREE TO INDEMNIFY AND HOLD BIKERLIST AND (AS APPLICABLE) BIKERLIST'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' 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.
18. NO GUARANTY
Bikerlist does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Bikerlist's control.
19. GENERAL INFORMATION
Without limiting any other remedies, Bikerlist may, without notice, and without refunding any fees, delay or immediately remove Content, warn Bikerlist's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
21. LEGAL COMPLIANCE; TAXES
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Bikerlist Service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes, fees, or other governmental requisites applicable to any purchases or sales of items you make on the Site (excluding any taxes on Bikerlist's net income).
We welcome your questions and comments on this document in the Bikerlist feedback forum or write Bikerlist at
HOW FEES ARE CHARGED AND COLLECTED
When you make a sale on Bikerlist.com, you will be charged two percent (2.0%) of the total sale price. For the sale of a motorcycle or trike the sales fee will be the lesser of two percent (2.0%) or a flat fee of thirty dollars ($30.00). This percentage does not include the shipping price, nor any taxes of fees related to a transaction.
All Bikerlist.com fees are paid using either the credit card you put on file with PayPal or via your PayPal account. All transactions go through PayPal. PayPal transaction fees are paid by seller.
Can I sell on Bikerlist.com if I’m not in the United States?
Yes you can, but the Buyer and Seller are exclusively and wholly responsible for any and all taxes, fees, charges, licensure, registration, or other requisites and related charges.
What currency are fees in?
All fees are in US dollars. When paying your fees by credit card, currency conversation is handled automatically by those services.
COPYRIGHT AND INTELLECTUAL PROPERTY
Bikerlist, LLC ("Bikerlist") has adopted the following general policy toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). Bikerlist will respond to notices of this form from jurisdictions other than the U.S. as well. The address of Bikerlist to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
Bikerlist may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If Bikerlist removes or disables access in response to such a notice, Bikerlist will make a good-faith attempt to contact the allegedly infringing party ("Member") so that they may make a counter notification.
A. Procedure for Reporting Copyright or Intellectual Property Infringements:
If you materially misrepresent that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting Bikerlist.
If you believe that material residing on or accessible through the Bikerlist web site or service infringes a copyright or other intellectual property right, to provide Bikerlist of notice of such infringement, you must send a written notice of the infringement to the Designated Agent listed below. Please specify the type of infringement at issue and the notice must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (by fax or regular mail – not by email, except by prior agreement);
2. Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
3. Identification of the material that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that Bikerlist is capable of finding and verifying its existence (for listings, please provide item numbers);
4. Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting Bikerlist on the owner's behalf, the address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
When removing material from the site, Bikerlist will make reasonable attempts to inform the Member of the removal, the reason for the removal, and may provide the Member with a copy of the notice and the notifying party’s contact information.
B. Removal of Allegedly Infringing Material
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, Bikerlist may remove or disable access to the material infringing upon the intellectual property. If Bikerlist removes or disables access to content in response to an infringement notice, Bikerlist will make reasonable attempts to notify the Member that Bikerlist has removed or disabled access to the material. Repeat offenders will have all material removed from the system and Bikerlist will terminate such Members’ access to the service.
C. Procedure to Supply a Copyright Counter-Notice to the Designated Agent:
If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting Bikerlist.
If a Member believes that their material that was removed or to which access was disabled is not infringing upon a copyright, you must send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please do not re-list or reactivate the material yourself. The counter-notice must contain the following information to the Designated Agent listed below.
1. Your physical or electronic signature (by fax or regular mail – not by email, except by prior agreement);
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
4. Your name, address, telephone number, and, if available, e-mail address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the Member’s address is located, or if your address is located outside the United States, for any judicial district in which Bikerlist is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
If a counter-notice is received by the Designated Agent, Bikerlist may send a copy of the counter-notice to the original complaining party informing that person that Bikerlist may replace the removed material or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the Member, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at Bikerlist’s discretion.
Please contact Bikerlist to submit Notifications of Claimed Infringement and Copyright Counter-Notices at firstname.lastname@example.org.
DOS AND DONTS
This page contains the dos and don’ts of participating and using Bikerlist.com. You should review this page carefully, as it reveals the policies of Bikerlist.com.
Members and users of Bikerlist, and Bikerlist’s staffs, must treat each other respectfully. Any and all conduct and content entered under your username, ID or alias is your responsibility.
· Your username will not be changed until Bikerlist is legally required to do so.
· Do not use the word “Bikerlist” in your user name.
· You cannot be a member of Bikerlist if you are under the age of 18. Anyone under the age of 18 must have the permission of a parent or legal guardian who, in turn, is responsible for the account.
· Individuals under the age of 18 are not permitted to use the community forums unless specifically allowed by Bikerlist at its discretion. Individuals under the age of 18 may only use Bikerlist with the permission and supervision of a parent or legal guardian.
· The use of profane, racist or explicit language or images in usernames, avatars and profiles is strictly prohibited.
· Public forums are not to be used to discuss disputes with other members or Bikerlist itself.
· Your Bikerlist account is non-assignable and non-transferrable.
· You may not use Bikerlist to send members or users to other online selling venues participating in the same or similar business as Bikerlist.
· You must maintain a valid email address at all times. If you change your email address, or any other account information, you must update your contact information with Bikerlist.
· If you have a dispute with another member or user of Bikerlist, we encourage you to resolve the dispute between yourselves. Bikerlist will not mediate disputes between members or third parties.
Failure to adhere to Bikerlist’s policies and Terms of Conditions may result in suspension or termination of your account privileges for any and all accounts you maintain with Bikerlist. If suspended or terminated, you remain obligated to pay any and all unpaid fees.
Multiple accounts held by one person
Having more than one account ("multiple accounts" or "alternate accounts") is not something Bikerlist encourages, as it has the potential to cause confusion. Keep in mind that information and accounts cannot be merged in any way, so if you change your mind later, you will not be able to transfer information (for example: listings, feedback, Favorites or purchase history) from one account to another.
1. All of your usernames must be clearly disclosed in the Public Profile for each account. A statement such as, "I am also on Bikerlist under these usernames..." would be acceptable. This includes all buying and selling accounts, as well as any collective accounts in which you are involved.
2. You may not list the same unique item in more than one category on Bikerlist.
· You are prohibited from using public communications to advertise, promote, request donations or spam. In addition it is not permitted to list any items with links, web addresses or any personal contact information.
· You are prohibited from using public communications to harass, annoy or abuse other members.
· If a member specifically tells you to refrain from contacting him, you must not use public communications to contact that member again, unless such contact pertains to an open transaction.
· You are prohibited from using public communications to interfere with transactions in any way, shape or form, including, but not limited to: contacting a member to encourage her to buy or sell an item listed on Bikerlist outside of our website or to warn a member away from another particular buyer, seller or item.
Failure to adhere to Bikerlist’s policies and Terms of Conditions and/or misuse of public communications may result in suspension or termination of your account privileges for any and all accounts you maintain with Bikerlist. If suspended or terminated, you remain obligated to pay any and all unpaid fees.
Bikerlist is not a retailer. Our sole purpose is to connect buyers and sellers. If you place an order or offer an item for sale on Bikerlist, you are entering into a transaction with an individual seller or buyer, not Bikerlist. Buyers and sellers should work together to complete transactions.
A transaction is created when a buyer completes Bikerlist's checkout process. An Alchemy transaction is created when the buyer accepts sale price. The seller and buyer will receive email notification from Bikerlist with information about the transaction and an invoice record in Your Bikerlist. A Bikerlist transaction is completed when the buyer pays and the seller ships the item. Payment is submitted directly to the seller via a method specified by PayPal (https://cms.paypal.com/us/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/AcceptableUse_full&locale.x=en_US).
Successful transactions depend upon communication. Buyers must direct questions regarding their transactions to sellers. Bikerlist expects and encourages sellers to employ exemplary customer service practices and maintain records regarding proof of shipment.
A seller’s ability to cancel an invalid or void transaction is controlled by Bikerlist’s Transaction Cancellation policy. A seller’s ability to refuse service to an individual buyer is controlled by Bikerlist’s Refusing Service policy.
Transaction policies for the seller:
· Seller must complete the transaction by selling the agreed upon item(s) to the buyer, unless the transaction is eligible for cancellation under Bikerlist’s Transaction Cancellation Policy.
· Seller must ship the agreed upon item(s) as described in the transaction details within a reasonable amount of time according to the agreement between the parties to the shipping address specified by buyer.
· Seller must maintain proof of shipping. If a dispute arises, seller will not be held responsible for postal or shipping service delays or errors or other delays outside of Seller’s control.
Transaction policies for the buyer:
· Buyer must pay seller directly, in the form and by the means specified in the transaction agreement, at the time of entering the transaction, or according to the agreement of the parties. Buyer must not send payment to Bikerlist.
· Buyer must submit valid and unambiguous shipping, billing and payment information.
· If a dispute arises concerning the return of the item(s) to seller, buyer must maintain proof of shipping. Buyer will not be held responsible for postal or shipping service delays or errors or other delays outside of Buyer’s control.
Failure to adhere to Bikerlist’s policies and Terms of Conditions may result in suspension or termination of your account privileges for any and all accounts you maintain with Bikerlist. If suspended or terminated, you remain obligated to pay any and all unpaid fees
Transaction concerns or disputes
We hope that your shopping experience on Bikerlist is smooth and hassle-free. In the event of a transaction dispute, Bikerlist encourages the buyer and seller to resolve the situation through Bikerlist Conversations or by submitting fair, honest feedback (see Feedback).The policies below describe various types of transaction disputes and the roles of the seller, the buyer and Bikerlist in each scenario.
Non-payment occurs when a buyer does not or cannot complete payment after a transaction has been created. The seller can than cancel the order. Bikerlist encourages sellers to offer buyers fair, honest feedback (see Feedback). Sellers are also encouraged to consider customer service best practices.
1. The buyer must pay at the time the transaction is created, according to the transaction agreement.
2. The seller may cancel a transaction for non-payment when applicable (see Transaction cancellation).
Non-delivery occurs when a seller does not or cannot ship an item after a transaction has been created and the buyer has sent payment to the seller. The buyer may file a non-delivery report with Bikerlist against the seller. When a non-delivery report is filed, both the buyer and the seller receive a notice from Bikerlist about the report so they can work out the issue. Bikerlist encourages all sellers to keep records regarding proof of shipping (for example: delivery confirmation, shipping service receipt, customs form). Bikerlist relies on buyers to submit fair, honest feedback (see Feedback) for sellers in non-delivery circumstances. Please note: a buyer who paid a seller via PayPal may have a limited time frame in which to file a claim for refund of purchase under PayPal's policies (https://cms.paypal.com/us/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/AcceptableUse_full&locale.x=en_US).
1. The seller must ship goods within a reasonable amount of time, according to transaction agreement.
2. The seller must respond to a non-delivery report by contacting Bikerlist. A non-delivery report cannot be closed until the seller contacts Bikerlist.
3. The seller may be asked to provide Bikerlist with proof of shipping in the event of a dispute.
Bikerlist encourages sellers to engage in clear and consistent communication, consider customer service best practices and honor transaction agreements. However, if a seller cannot compete a transaction due to an extraordinary circumstance, then the seller may refuse service to the buyer.
1. The seller must notify the buyer of refusal of service through email or Bikerlist Conversations.
2. The seller can only refuse service prior to shipping.
3. If the buyer has already paid, then the seller must refund the buyer (price paid for item plus shipping).
4. The seller may cancel the transaction when applicable (see Transaction cancellation).
5. Unless otherwise agreed or according to the seller's terms, a seller's refusal of service to a specific buyer is indefinite within that seller's Bikerlist shop.
Dissatisfaction with item or service
A buyer may not be completely satisfied with a purchase or transaction experience. Bikerlist recommends that the buyer communicate with the seller by Bikerlist Conversations or email to resolve the matter. Bikerlist encourages buyers to submit fair, honest feedback (see Feedback). Sellers are encouraged to consider customer service best practices.
1. The seller must accurately describe the item in the listing (see Shops and Listings).
2. The seller must comply with the transaction agreement.
Bikerlist charges fees to sellers for use of Bikerlist's services. Sellers agree to complete valid transactions and pay Bikerlist fees in full. On occasion, a seller may need to cancel an invalid or void transaction. Only the seller in a transaction may cancel the transaction. The buyer should contact the seller by Bikerlist Conversations to request cancellation of a transaction. The buyer may contact Support (email@example.com) if the seller does not respond to a request to cancel a transaction.
1. The seller may not cancel a transaction for the purpose of avoiding fees or feedback.
2. The seller may cancel an invalid or void transaction, as defined by these circumstances:
a. The buyer did not pay (see Non-payment) at the time the transaction was created, according to the transaction agreement.
b. Both the buyer and seller agree to cancel the transaction prior to shipment. If the buyer has already paid, the seller has refunded buyer (price paid for item plus shipping).
c. The seller has refused service to the buyer (see Refusing service). If the buyer has already paid, the seller has refunded the buyer (price paid for item plus shipping).
d. The buyer paid for the item(s). Although the seller shipped the item(s), the buyer did not receive the item(s). The seller has refunded the buyer (price paid for item at minimum).
Feedback is a way to establish a reputation of trust for buyers, sellers and the Bikerlist marketplace. For every transaction, the buyer and seller have the opportunity to submit a rating (positive, neutral or negative). Both buyer and seller have the opportunity to submit feedback for up to 120 days after the date of the transaction or until the transaction is canceled by the seller (for void or invalid transactions). Consistency, fairness and honesty are critical to the integrity of the feedback system. Feedback directly affects a member's reputation, so we ask that members take it seriously.
1. Positive-rated feedback cannot be edited or removed after submission except in the circumstances noted in Bikerlist's Feedback policies.
2. Negative- or neutral-rated feedback may be changed to a positive rating when both parties agree, but is not available for canceled transactions.
3. Negative or neutral feedback for a canceled transaction may be removed if the author of the feedback contacts Bikerlist at firstname.lastname@example.org.
4. After 120 days the option to leave feedback expires; this option cannot be reinstated.
5. The option to leave feedback for a canceled transaction cannot be reinstated.
6. Feedback ratings, comments or images removed by Bikerlist cannot be reinstated or resubmitted.
Members may ask Bikerlist to review feedback for removal. Contact Bikerlist at email@example.com to request a feedback review. Bikerlist does not investigate the validity of opinions or statements made in feedback or mediate feedback disputes. At Bikerlist's discretion and without notice to both parties involved, feedback may be removed or altered by Bikerlist in the following circumstances:
1. The member who submitted a negative or neutral feedback rating requests removal.
2. Personally identifying or private information was published (for example: a phone number, real name, email address, physical address, content of a private Bikerlist Conversation, details regarding a Bikerlist investigation).
3. Feedback contains mature, profane or racist language and/or images.
4. Feedback contains spam, links, scripts or advertising.
5. Shilling is evident (fraudulent inflation of feedback rating by use of an alternate account).
6. Feedback is given for a transaction created for the sole purpose of leaving feedback.
7. Negative or neutral feedback was mistakenly submitted for a different transaction.
8. Negative or neutral feedback refers to an unrelated transaction.
9. Negative or neutral feedback comments about using Bikerlist or other services (for example: payment processors).
10. A member is confused about how to use the Feedback system, resulting in unintended negative or neutral feedback.
11. Bikerlist is provided with a valid court order requesting removal of feedback.
Shops and listings
Bikerlist provides a marketplace for motorcycle enthusiasts to buy and sell motorcycle related products.
We encourage all sellers to provide information about yourself in your Public Profile. Shoppers will likely be interested in this information. You should explain any details regarding shipping, payments, refunds and exchanges on the Item description page. You may use this space to provide additional information.
Please keep the following things in mind as you set up your shop and create listings:
1. An individual shop's policies must abide by Bikerlist's site-wide policies. Bikerlist reserves the right to request that a seller provide policy information or require a seller to modify unreasonable policies at Bikerlist's discretion.
3. Use of mature, profane and/or racist language or images in the public areas of your Bikerlist shop is not permitted. This includes your username, Public Profile, item titles, tags, avatar, banners, pictures and item description.
4. You may not set a minimum purchase amount requirement in your shop.
5. You may not engage in any activity to avoid Bikerlist's fees ("fee avoidance"). This includes but is not limited to: completing a transaction off-Bikerlist once it has been initiated on the site, listing an item below its intended purchase price or canceling a valid completed transaction.
Lists on Bikerlist must be accurate and detailed. Photographs and descriptions must not be misleading or misrepresent the condition of an item in any way. Specifically:
· Listing descriptions and photographs must accurately describe and depict the item for sale to enable buyers to know exactly what is included in the sale.
· All listings must actually be available for purchase.
· Listing prices and shipping costs must be reasonable.
Listings that do not comply with Bikerlist's policies may be flagged for review. Failure to adhere to Bikerlist’s policies and Terms of Conditions and/or misuse of private communications may result in suspension or termination of your account privileges for any and all accounts you maintain with Bikerlist.
Bikerlist aims to maintain a marketplace appropriate for general audiences, therefore the use of mature content must comply with the following policies. Mature content is defined as: visual depiction of male or female genitalia, sexual activity or content, profane language or graphic violence. Mature content listings will remain in all Bikerlist searches by default; users can restrict results by using the exclusionary search term "NOT mature" ("opt-out" search status).
1. Item listings containing mature content must be tagged with "mature" and include the word "mature" in the item title.
2. Mature content and/or profane language or images are not allowed in your username, Public Profile, item titles, tags, avatar, banner, Shop Announcement and/or titles.
3. Pornography is prohibited on Bikerlist.
All Bikerlist sellers warrant that their use of our site complies with all applicable laws. Some items are not permitted in Bikerlist’s marketplace, even though they may otherwise meet selling criteria. The following items may not be listed on Bikerlist:
· Drugs, drug paraphernalia
· Firearms and/or weapons
· Racially or religiously biased items
· Items promoting, encouraging or instructing criminal activities
· Recalled items
· Real estate
Accurate tags are very important, as many of Bikerlist's shopping features use tags to help shoppers find your listings. Here are the basic policies for tagging:
1. Only use accurate and relevant tags that describe the specific item for sale in your listing.
2. You may use relevant synonyms as tags (for example: handlebars may be tagged with "ape hangers"). You must not tag a listing with related, but inaccurate words (for example: wheels should not be tagged with "tires".
3. If your items are one-of-a-kind or unique, you may tag your listing with "original," "OOAK," "one of a kind," or other synonyms. However, if your item is a reproduction or in an edition of multiples, you must not tag it with these terms.
4. You may only use multiple words as a single tag if they comprise a single descriptive phrase (for example: "brake line" or "throttle cable").
5. Tags should only state what the item is, not what the item may become or potential uses for the item.
6. If your listing contains mature content, then you must comply with Bikerlist's mature content policies. This includes tagging and titling your listing with the word "mature."
The community is the heart of Bikerlist; all registered members are part of our community. Bikerlist has established a way for members to ask questions and respond answers on the site (ask a question about the product). Please remember that this is a public forum, so use common sense when sharing personal information. Bikerlist's role is to facilitate open discussion and support our community through constructive communication. Above all, treat one another with respect, and remember that there is a real person behind each username.
1. Treat one another with respect. There is a real person behind each username.
2. Knowingly harassing, insulting or abusing other members is unacceptable.
3. Discussing a specific member, shop or item (either by name or with identifiable hints) in a negative way is not allowed. This is referred to as calling out."
4. Do not use the community spaces to facilitate or arrange any sort of auction or transaction.
5. Specific transactions and/or feedback should not be discussed in public community spaces. Instead, contact Bikerlist at firstname.lastname@example.org privately if you need help with a transaction.
6. You may not use an undisclosed alternate account (also called a "sock puppet") in the community spaces.
7. Do not publicly post any kind of private information (for example: email, Conversations, letters, phone numbers, addresses, web addresses, full names or business transactions).
8. Solicitation for direct donations or other fund-raising is not allowed in the community spaces. (Bikerlist shop promotions that entail donating proceeds to charities must comply with Bikerlist's policy).
9. Bikerlist does not allow spam in the community space; for this reason, unsolicited promotion or advertisement from representatives or affiliates of outside services, websites or other products is not allowed.
10. To participate in the community spaces, a member must be over 18 years of age, unless otherwise specified by Bikerlist (see Membership).
In addition to the policies for all community spaces on Bikerlist, these additional policies apply to the Forum:
1. Keep your posts on-topic in the Forum.
2. Take care in what information you post in the Forum; in general, the Forum serve as a permanent record. In certain circumstances, at Bikerlist's sole discretion, Bikerlist may remove content from the Forum.
Bikerlist reserves the right to close any Forum thread for any reason. Violating community policies may result in suspension of community or other privileges and/or account termination.
Effective Date: 01/01/2010
Information Collection and How it is Used
· Your username, Bikerlist ID or alias is displayed throughout Bikerlist (and so is available to the public).
· Your username, Bikerlist ID or alias is also connected to all of your Bikerlist activity. Other users can view your purchases, items for sale, store, feedback, ratings and associated comments.
· When you register to use services or post content, Bikerlist collects personal information including, but not limited to, your email address, mailing address, phone number and certain optional information.
· For individuals requesting a “Seller” account, you must provide your billing address, phone number, e-mail address, and certain optional information.
· Bikerlist automatically receives and records information on our server logs from your browser, including your IP address, cookies, and the pages you request. This data is only used in the aggregate.
· Bikerlist uses information for the following general purposes: anonymous reporting, authentication, contact research, improvement of services, and products and services provisioning
· Your browser automatically reports IP addresses each time you view a web page. Bikerlist’s user registration database automatically stores your IP address when you register with Bikerlist. IP addresses may be used for various research purposes.
Information Sharing and Disclosure
· If you post a message or enter information on the site, your Bikerlist ID or username can be viewed by other users. Posting personal information online in publicly accessible areas may result in unsolicited messages from other parties.
· Bikerlist employs other companies and people to perform tasks on our behalf and needs to share your information with them to provide products and services to you. Examples include but are not limited to fulfilling orders, handling billing disputes and collections, analyzing data, providing marketing assistance and providing customer service.
· Notwithstanding the above, Bikerlist respects your privacy and will not disclose your personal information to any third party (including, but not limited to, law enforcement or government officials) unless presented with a subpoena, court order, or similar legal procedure, unless Bikerlist maintains a good faith belief that such disclosure is necessary to protect Bikerlist’s rights, prevent imminent physical or financial harm, or report suspected legal activity.
• You will receive a confirmation email when you register with Bikerlist. Receipt of this email is required to enable you to use Bikerlist's services.
· Bikerlist will use your registered email address to send service-related announcements when Bikerlist determines it is necessary to do so.
• Receipt of service-related announcements is not option. Service-related announcements are never promotional in nature. If you do not want to receive service-related announcements, you may deactivate your account by contacting Bikerlist at email@example.com.
· Bikerlist may periodically email you with administrative messages. Bikerlist will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Your information may be combined with information Bikerlist collects from other companies and used to improve and personalize services, content and advertising. You may opt out of receiving administrative messages by contacting Bikerlist at firstname.lastname@example.org.
A cookie is a small piece of data stored on your computer by your web browser. Cookies are used for many purposes, such as authentication, session tracking, and site maintenance. Setting your browser to reject all cookies may prevent you from using Bikerlist products and services which require signing in to the site, also preventing you from taking full advantage of the Bikerlist service.
Our cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your username or email address is.
If you use a forum on this site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by others or could be used to send you unsolicited messages. Bikerlist is not responsible for the personally identifiable information you choose to submit in these forums.
Editing and Deleting Account Information
You can change your Bikerlist Account Information (except your username), at any time. Bikerlist may send you certain communications relating to the Bikerlist service, such as service-related announcements and administrative messages that are considered part of your Bikerlist account. You can delete your Bikerlist account by emailing email@example.com. Please note that your identification, billing and contact information may remain in Bikerlist's records for some period.
The security of your personal information is important to us. Your privacy and security are protected by a password linked to your account. You should ensure against unauthorized access to your computer and password by signing off your Bikerlist account when you are finished.
We encrypt sensitive information, such as credit card numbers, using secure socket layer technology, and following generally accepted industry standards during transmission from you and receipt by Bikerlist. However, transmission over the Internet or electronic storage of information cannot be 100% secure. If you have any questions about security on Bikerlist's Web site, you can email Bikerlist at firstname.lastname@example.org.
You may communicate publicly with other members using Bikerlist. However, these communications must be limited to discussions associated with items for sale on Bikerlist and primarily for discussions regarding transactions. You may also communicate publicly to seek advice, or discuss other related activities. We strongly advise you to use common sense and care before sharing and personal information during such public communications.