Terms of Service

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE

The services offered at www.bikenightasia.com ("BikeNightASIA"), are provided to you under the terms and conditions of this BikeNightASIA Terms of Service ("BTS"), and any operating rules or policies that may be published by BikeNightASIA at the URL: www.bikenightasia.com (the "Service"). The BTS comprises the entire agreement between you and BikeNightASIA and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING BIKENIGHTASIA, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use BikeNightASIA as long as you adhere to these Terms of Service.

SERVICES VOID WHERE PROHIBITED

Use of the Services is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.

REGISTRATION AND ACCOUNT PROFILE

• REGISTRATION. You are required to register with BikeNightASIA if you want to utilize the Events, Buy.Sell.Trade. Bike Talk, Businesses and News sections. Post your event (see Private/Public Event below), access your Message Center, view events calendar, and view and edit your profile. In order to register with BikeNightASIA you must supply a valid email address, which will be used as a unique identifier for your account, and a password.

• ACCOUNT PROFILE. You are required to set up an Account Profile with BikeNightASIA if you want to post an event (see Private/Public Event below). In order to set up an Account Profile, you will be required to supply a valid email address, a password, a user name, your zip code and answer a few questions. You may also answer certain questions, which will help Bike Night Asia know a little more about your interests. Your profile information will just be visible to Bike Night Asia officers and will not be shared in public. Unless, using the Message Center to provide your personal information to other users on the site.

• MESSAGE CENTER. When you set up an Account Profile, you will be provided with a private mailbox to receive messages from other users who may want to contact you, without you having to disclose your actual email address or other personal information. The Message Center also assures other users that they may send and receive messages without having to disclose any personal information or email addresses to you. For any abuse of this feature you may email us at abuse@bikenightasia.com.

• PHOTO GUIDELINES. When you set up an Account Profile, you will have the opportunity of posting a current photograph of yourself. The photograph should be of you and should be current. We will accept photographs which show yourself plus another adult person(s) (spouse, family member, etc.) and/or your children. Your face should be clearly visible in the photo. We will also accept a graphic containing a logo, provided that you are the copyright owner. Photographs may not contain images of children alone, cartoons, comics, celebrities, nudity, artwork, obscene or otherwise inappropriate images (as determined in BikeNightASIA's sole discretion). Photographs containing only animals are not appropriate, but you may supply a photograph of yourself together with your pet. For security and privacy reasons, you should not upload any photographs that contain contact information such as names, phone numbers, email addresses, or web site URLs. All photographs submitted to BikeNightASIA are subject to review and, if deemed by BikeNightASIA to violate this BTS, removal. Offensive content is not permitted in any form. By posting a photograph you warrant and represent that you own all rights, title and interest to that photograph and to all images and likenesses contained in that photograph and you authorize BikeNightASIA to distribute, reuse, post or repost that photograph anytime as part of the BikeNightASIA Service. If you see any photographs on BikeNightASIA that do not conform to this policy, please notify us by emailing us at abuse@bikenightasia.com.

DESCRIPTION OF SERVICES

BikeNightASIA provides Users with a variety of online services, including but not limited to

• PRIVATE EVENTS. A private event is a private social gathering or get-together hosted and attended by a group of people in the same social network (friends, family and/ or associates). If you want to send a BikeNightASIA invitation to a private event, you must be registered with BikeNightASIA (see Registration above). In addition, if you have an Account Profile (see above) your Account Profile information will be viewable to all Guests.

• PUBLIC EVENTS. A Public Event is a social gathering or get-together that is open to all members of the BikeNightASIA and Motorcycle Community. All Public Events are searchable on the BikeNightASIA website. Some examples of Public Events may include: art exhibits, music festivals, happy-hours, poetry readings, grand openings of restaurants and clubs, etc. You must create an Account Profile in order to post a Public Event. If you wish to respond to a BikeNightASIA invitation to a Public Event, you must first register with BikeNightASIA.

• RECOMMENDATIONS. Recommendations are Public Events and Places listed on the BikeNightASIA service based on information you have supplied to us, such as zip code, interests and keyword searches you have conducted.

• POST YOUR EVENT. Using your profile you can Post your own event. Users can upload an image for use on a BikeNightASIA event, for any instance that users do not have their poster or image, BNA provides a default image for the posted event. BNA is not liable or responsible for any misinformation and/or misrepresentation such as misspellings, typographical errors, incorrect date(s) and time(s), incorrect links to websites, incorrect contact number and incorrect address and/or anything else that is incorrect. BNA will not be responsible to forward any emails concerning non-official Bike Night Asia events. Users must contact the Event organizer directly for any inquiries and/or questions.

• REVIEWS. BikeNightASIA will be the one to perform the reviews for Users, Events, Products, Business and content Articles and will tag it as BNA Verified. BikeNightASIA reserves the right to pull down a content if it contains (1) derogatory language, (2) threats of physical harm, or (3) any other reason BikeNightASIA determines is necessary to protect the integrity of its service. In furtherance of this endeavor, the BikeNightASIA Web site will automatically reject certain profane and otherwise inappropriate words in a content.

• BUY. SELL. TRADE. You may use this BUY.SELL.TRADE. feature to post MOTORCYCLE PRODUCTS AND SERVICES ONLY (Motorcycles, Helmets, Gears & Apparels, Parts, Accessories, Motorcycle Maintenance and/or Performance Services or any other Motorcycle related products and services) in purpose of buying, selling or trading it to other users within the site. In using this service of Bike Night Asia you are NOT allowed to

  • Create/post listing in inappropriate categories or areas on our BUY.SELL.TRADE. page;
  • Breach any laws, third party rights, or our systems, policies, or determinations of your account status;
  • Post spam, pyramid schemes or unsolicited online communications.
  • Manipulate the price of any item or interfere with other user's listings;
  • Disseminate viruses or any other technologies that may harm BNA’s system, or the interests or property of users;
  • Use any robot, spider, scraper or other automated means to access our BNA Services for any purpose;
  • Post/Sell/Trade any counterfeited items or otherwise infringe the copyright, trademark or other rights of third parties;
  • Post/Sell/Trade false, inaccurate, misleading, defamatory, or libelous products or services;
  • Post/Sell/Trade products or services that violate local country laws.
  • Post/Sell/Trade products or services which are prohibited and restricted by BNA. Such as:
    • Absinthe
    • Alcoholic Beverages
    • Cultural Artifacts
    • Defense articles from the Military
    • Drugs and Drug Paraphernalia
    • Event tickets
    • Firearms, weapons and knives
    • Furs of animals
    • Government documents
    • Items encouraging illegal activity
    • Lottery tickets
    • Military items and Police items
    • Offensive materials
    • Pornographic materials (Photos, videos etc.)
    • Any other products or services that BNA deems to be inappropriate whatsoever.

• BUSINESSES. Bike Night Asia allows Motorcycle related Businesses to register on the website to advertise and promote their Dealerships,Service Shops, Parts and Gears and Restaurants. Business accounts are subject to approval by the BNA Online Team.

• BIKE TALK. Bike Night Asia allows you to interact with other users using Bike Talk that serves as a forum of topics or discussion related to Motorcycling. All users of this feature should follow the Community Guidelines provided on the site.

• NEWS. Bike Night Asia allows contributors to be part of the News section of the Bike Night Asia website. For the purpose of the latest news, Motorcycle articles and contents only. All contents or articles are subject to approval and community guidelines. Any content/article that will violate the guidelines will be removed. Bike Night Asia can not be held liable for the content, opinions, articles, editorials, photos/videos, quotes, and ideas of Contributors within the Bike Night Asia News page.

• OTHER FEATURES. You may also add a gallery of photos on events and upload cover photos for the Account Profile and conduct various other tasks through the service. In order to use any feature of the Service not described above, you may be required to create an Account Profile (see above).

EVENT DISCLAIMERS AND LIMITATION OF LIABILITY

YOUR PARTICIPATION IN ANY PUBLIC OR PRIVATE EVENT IS AT YOUR SOLE AND EXCLUSIVE RISK. THE HOST OF ANY EVENT MAY REFUSE ADMITTANCE, MAY CHARGE AN ADMISSION FEE, OR ASK YOU TO LEAVE AN EVENT AT ANY TIME FOR ANY REASON. BY USING BIKENIGHTASIA YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. BIKENIGHTASIA HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING BIKENIGHTASIA, YOU AGREE AND UNDERSTAND THAT INJURIES, DAMAGES AND/OR DEATH CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARTIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT, PARTICIPATION IN THE ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE BIKENIGHTASIA FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS BIKENIGHTASIA, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS, OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS.

CONTENT

You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your email communications, information, reviews, photos or images posted by you or posted to your Account Profile and information, photos, images, sound files or other Content posted by you in a Public or Private Event, or BikeNightASIA eCard. All Content posted by you, is your sole responsibility. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. BikeNightASIA does not control the Content posted by users such as yourself via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using the BikeNightASIA Service you understand and agree that you may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will BikeNightASIA be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. Subject to the terms of BikeNightASIA’s Privacy Policy, you agree if you post any Content on the BikeNightASIA Service, you grant to BikeNightASIA, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, to distribute, display, modify, redistribute, sublicense and reproduce such Content to other users of the Service and to third parties with whom BikeNightASIA has a relationship. You also grant BikeNightASIA the right to authorize the downloading and printing in whole or in part of any Content that you post to the BikeNightASIA Service.

Notwithstanding the foregoing, to the extent that any Content contains creative suggestions, recommendations, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own, and you assign to us, all right, title and interest in and to the Submissions of every kind and nature throughout the universe and we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

COPYRIGHT POLICY/INFRINGING MATERIAL

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the BikeNightASIA Service without your permission or in any way that constitutes copyright infringement, please provide BikeNightASIA with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the BikeNightASIA Service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact BikeNightASIA at the following address: Attention: General Counsel, BikeNightASIA, generalcounsel@bikenightasia.com

NO "SPAMMING"

You must not use any feature of the BikeNightASIA Service for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An email advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by BikeNightASIA. If you use any feature of the BikeNightASIA Service for the purpose of sending Spam, BikeNightASIA reserves the right to immediately terminate your access to the BikeNightASIA Service and to seek appropriate legal recourse as necessary. If you believe that other users are using the BikeNightASIA Service for Spam, please notify BikeNightASIA using the Customer Support Form, by flagging any posting that appears to be Spam for BikeNightASIA’s review, or by emailing BikeNightASIA at abuse@bikenightasia.com PLEASE NOTE that by posting a Public Event you are consenting to receive, and authorizing BikeNightASIA to forward to you, emails from other users. Such messages are not included in the above definition of Spam.

NOTICES

BikeNightASIA may give notice to you by email, a posting on the BikeNightASIA website, or other reasonable means. You must give notice to BikeNightASIA in writing via email or as otherwise expressly provided by BikeNightASIA. BikeNightASIA may broadcast, distribute or display notices or messages through the BikeNightASIA Service to inform you of changes to the BTS, the Service, the Privacy Policy or other matters of importance. Such broadcasts, distributions or displays of information shall constitute notice to you.

PRIVACY POLICY

It is BikeNightASIA’s policy to respect the privacy of its users. BikeNightASIA’s policies with regard to personally identifiable information it collects from you, what information third parties affiliated with BikeNightASIA collect from you and how that information is used is governed by the BikeNightASIA Privacy Policy, which you can access here: Privacy Policy

SECURITY

You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your Account Profile or on your My BikeNightASIA Page. You may also set up a new account at your convenience. You agree to notify BikeNightASIA immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform BikeNightASIA of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a User Account or password. Until BikeNightASIA is notified by email of a breach in security, you will remain liable for any unauthorized use of the BikeNightASIA Service through your account. In consideration for using the BikeNightASIA Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or Account Profile sign-up is inaccurate, BikeNightASIA reserves the right to terminate your account immediately and your right to use the BikeNightASIA Service.

NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE

Your right to use the BikeNightASIA Service is personal to you. You agree not to resell or make any commercial use of the BikeNightASIA Service without the express consent of BikeNightASIA. You may not create bots or other computer generated automatic tools to create events, nor abuse the BikeNightASIA Service in any manner. Use that constitutes abuse shall be determined by BikeNightASIA in its sole discretion. BikeNightASIA reserves the right to terminate your account if BikeNightASIA determines you have not complied with this BTS.

USER CONDUCT

BikeNightASIA reserves the right, but does not assume the responsibility, to monitor or review your conduct on the BikeNightASIA Service. Your use of the BikeNightASIA Service is subject to all applicable local, state, national and international laws and regulations.

In using the BikeNightASIA Service you agree not to

• Use the BikeNightASIA Service for illegal purposes;

• Interfere or disrupt networks connected to the BikeNightASIA Service or violate the regulations, policies or procedures of such networks;

• Use the BikeNightASIA Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);

• Harvest or otherwise collect information about other users, including email addresses, without their consent;

• Transmit through the BikeNightASIA Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;

• Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the BikeNightASIA Service;

• Transmit through the BikeNightASIA Service any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;

• Interfere with another User's use and enjoyment of the BikeNightASIA Service;

• Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;

• Create a false identity for the purpose of misleading others as to your identity or the origin of a message;

• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the BikeNightASIA Service any directory of BikeNightASIA’s users or usage information or any portion thereof other than in the context of your use of the Service as permitted under this BTS;

• Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;

• Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or

• Engage in any other conduct which, in BikeNightASIA’s sole discretion, is considered inappropriate, unauthorized or objectionable.

INDEMNIFICATION

You agree to indemnify and hold BikeNightASIA, its parent company, subsidiaries, affiliate, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the BikeNightASIA Service, the violation of this BTS by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.

TERMINATION

You may terminate your participation in the BikeNightASIA Service with or without cause at any time and effective immediately. BikeNightASIA may terminate the BikeNightASIA Service or your use of the Service with or without cause at any time and effective immediately, at BikeNightASIA’s sole discretion, including but not limited to immediate termination of your use of the BikeNightASIA Service should your conduct fail to conform to the terms and conditions of this BTS. BikeNightASIA shall not be liable to you or any third party for termination of the BikeNightASIA Service or termination of your use of the BikeNightASIA Service. Should you object to any terms and conditions of the BTS or any subsequent modifications BikeNightASIA makes to the BTS or become dissatisfied with the BikeNightASIA Service in any way, your only recourse is to immediately: (1) discontinue use of the BikeNightASIA Service; and (2) notify BikeNightASIA of your termination and, at your discretion, notify BikeNightASIA of the reasons for your termination. Upon termination of your use of the BikeNightASIA Service, your right to use the BikeNightASIA Service shall cease immediately. You shall have no right and BikeNightASIA will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf. Sections 2, 5, 6, 7, 10, 11, 14, 15, 16, 19, 20 and 21 shall survive termination of the BTS.

TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS

BikeNightASIA shall not be liable for your interactions with any organizations and/or individuals found on or through the BikeNightASIA Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. BikeNightASIA is under no obligation to become involved in disputes between participants on the BikeNightASIA Service, or between participants on the BikeNightASIA Service and any third party whatsoever.

LINKS TO THIRD PARTY SITES

Any websites that are accessible via links or redirections included within the BikeNightASIA Service that take you out of the BikeNightASIA Service are not under BikeNightASIA’s control and BikeNightASIA shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any website you visit.

VIOLATION OF TERMS BY OTHER USERS

BikeNightASIA asks that you participate in ensuring that all Users follow the terms of this BTS by reporting any Private BikeNightASIA invitations, Public Events or other/all postings or messages that violate these terms. To report a violation of this BTS, please email us at <strong>abuse@bikenightasia.com</strong>.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE BIKENIGHTASIA SERVICE IS AT YOUR SOLE RISK. THE BIKENIGHTASIA SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIKENIGHTASIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BIKENIGHTASIA MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. BIKENIGHTASIA MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT BIKENIGHTASIA DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO BIKENIGHTASIA FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. BIKENIGHTASIA ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE BIKENIGHTASIA SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE BIKENIGHTASIA SERVICE. BIKENIGHTASIA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIKENIGHTASIA OR THROUGH THE BIKENIGHTASIA SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

BIKENIGHTASIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF BIKENIGHTASIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH BIKENIGHTASIA OR A THIRD PARTY THROUGH THE USE OF THE BIKENIGHTASIA SERVICE; (IV) INACCURACY OF ANY INFORMATION SUCH AS TYPOGRAPHICAL ERRORS, MISSPELLING, MISLEADING ADDRESS, INCORRECT CONTACT NUMBER, ETC. OBTAINED FROM USE OF THE SERVICE OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT BIKENIGHTASIA IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE BIKENIGHTASIA SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

GENERAL PROVISIONS

This BTS shall be governed by and construed in accordance with the laws of the Republic of the Philippines, excluding its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the Republic of the Philippines, provided, however, that BikeNightASIA, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to this BTS through binding arbitration in accordance with the commercial arbitration rules of the Philippine Institute of Arbitrators. Any such arbitration shall be conducted in Quezon City, Philippines, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of the BTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. BikeNightASIA's failure to exercise or enforce any right or provision of this BTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BikeNightASIA in writing. User and BikeNightASIA agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in this BTS are solely used for the convenience of the parties and have no legal or contractual significance.

MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE

BikeNightASIA reserves the right to modify or discontinue the BikeNightASIA Service with or without notice to you. BikeNightASIA shall not be liable to you if BikeNightASIA modifies or discontinues its Service. BikeNightASIA may change the terms and conditions of the BTS at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of this BTS, BikeNightASIA may notify you via email, and/or by posting an announcement of the changes together with a link to the new BTS on the BikeNightASIA Service. By using the BikeNightASIA Service after any change in the BTS you acknowledge and accept changes to the BTS.