Effective June, 2021
We reserve the right to make changes to these Terms at any time, and will post an updated version here. Please check back from time to time to ensure you are aware of any updates or changes.
Limited Right to Use
In exchange for your agreement to these Terms and payment of any applicable fees, the Companies grant you a limited, non-exclusive, personal, revocable right and license to download, access, and use the functionality of our websites and apps. The rights to download and use the websites and apps are licensed to you and are not being sold to you. You have no rights in the websites or apps other than to use them in accordance with these Terms. The Companies reserve the right to terminate your access to our websites and apps at any time and for any or no reason. You may not remove or alter any notices found on our websites or apps, distribute, make derivative works of, reverse engineer, decompile, or disassemble the websites or apps. You may not access the websites or apps for the purpose of building a similar or competitive service, website, or app. You may not use any web crawler, robot, spider, or other automated method to retrieve, data mine, scrape or otherwise gather information or content available through the websites or apps.
Personal and Non-Commercial Use
Your use of our websites and apps is limited to personal and non-commercial use. You may display and download a single copy of our websites and apps onto your personal devices solely for your own personal, non-commercial use. Otherwise, you may not copy, reproduce, print, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the websites or apps, or any content, products or services obtained through them.
Eligibility to Use Our Websites and Apps
You must be 16 years of age to access or use our websites or apps, or to create an account with us.You represent and warrant that (1) you are not a citizen of or located in a country or region that is targeted for comprehensive trade sanctions by the U. S. Government, (2) you will not access or use our websites or apps from such a country or region, and (3) you are not designated on the U.S. Treasury’s Specially Designated Nationals or Blocked Persons List or otherwise a person who is barred from doing business with U.S. persons or from receiving exports of goods or services from the U.S.
Compliance with Applicable Law
It is our policy to comply with all applicable laws and regulations in operating our websites and apps. We ask that you do the same. By using our websites and apps, you are presumed to accept this request, and agree to comply with all applicable laws and regulations.
The Companies own all rights, title and interest in our websites and apps, as well as all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design and organization of the websites and apps, and the compilation of the content, code, data and materials on the websites and apps, including all intellectual property and proprietary rights. The content of our websites and apps is protected under United States and other copyright laws, and is the property of the Companies. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content of our websites or apps, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Companies or the copyright owner is permitted.
All words and symbols designated by ® or ™ and used on or in connection with our products or marketing materials on the websites and apps (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, the Companies or other owners that have granted the Companies the right and license to use such Marks. For clarity, there may be instances where trademark symbols are omitted for creative reasons, which does not impact the validity or enforceability of these Marks. You may not display or reproduce the Marks other than with our prior written consent, and you may not remove or otherwise modify any trademark notices from any content.
Any copying, distributing, transmitting, posting, linking, deep linking or otherwise modifying the websites or apps without our express written permission is prohibited. Any violation of this section may result in copyright, trademark, service mark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. The Companies reserve the right to terminate your use of our websites and apps if you infringe our or any other person’s intellectual property rights.
Please read the following terms carefully. If you do not agree to all of these terms, please do not submit user-generated content to us or reply to our usage requests.
Submission of User Content
We offer features on our websites and apps that allow users to share information and content such as reviews, photos, text, and videos (“User Content”). We also allow you to share User Content with us by responding to one of our usage requests, or by tagging content you post on social media with any of our hashtags (including #motorcycledressup).
Grant of License to the Companies
By uploading or otherwise sharing User Content through our websites or apps, by using any of our hashtags or by responding to a usage request made by us, you grant the Companies and our agents, affiliates, and related entities a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use, store, reproduce, distribute, publish, sub-license, import, export, modify, and make derivative works of your User Content along with your name and/or social media handle in all digital and physical channels for any purpose including all promotional, marketing, advertising and other commercial and non-commercial purposes. The Companies may use, reproduce, distribute, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, without any obligation or additional permission from you. You agree to waive any right you may have to be named in the User Content, and allow us to use your User Content without any reference or attribution.
Representations and Warranties
By using our websites or apps, responding to our usage requests, or using any of our hashtags on social media, you represent and warrant that you: (i) have the right to transmit, distribute, replicate, and post any User Content you submit, (ii) you are the copyright owner or have the copyright owner’s permission required to grant the rights to the User Content described in these Terms, (iii) you hold the rights necessary to grant the licenses described herein, (iv) you have obtained the express consent of each person, if any, depicted in the User Content, (v) if any people pictured or mentioned are minors, you have obtained the express permission of their parents/guardians to have their image and/or name used by the Companies, (vi) your User Content, and the Companies’ use of that User Content as permitted under these Terms, do not and will not violate, misappropriate or infringe any intellectual property rights, publicity rights or other proprietary rights of any third party, and (vii) your User Content does not violate any law or other regulation and is not inappropriate under the rules described below. You expressly release the Companies from any claims, damages, actions, or liabilities arising from our use of the User Content as permitted herein.
If you choose to submit User Content through our websites or apps or use any of our hashtags on social media, please use good judgment. By using our websites or apps or using any of our hashtags on social media, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our websites or apps any of the following:.
a. Content that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. Content that promotes illegal drug, tobacco or firearms use;
c. Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
d. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
e. Content that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
f. Content that identifies, or relates to children under the age of 16;
g. Unsolicited advertising or links to other commercial sites;
h. Anyone else’s personal information (such as someone else’s name, address, phone number, email address, Social Security number, credit card number or other personal information);
i. Viruses, corrupted data or other harmful, disruptive or destructive files;
j. Content that is unrelated to the topic of the forum or area in which such content is posted;
k. Content that communicates messages inconsistent with the positive good will of the Companies; or
l. Content that, in the Companies’ sole judgment, is objectionable, or which may expose the websites, apps, or their users to any harm.
The Companies take no responsibility and assume no liability for any User Content, or for any resulting loss or damage to any person. Nor are the Companies liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Although the Companies have no obligation to screen, edit or monitor any User Content, we reserve the right, and have sole discretion, to remove without notice any User Content posted or stored for any reason, including a violation of these Terms. Any use of our websites or apps, including submission of User Content, in violation of these Terms may result in termination or suspension of your permission to use the websites and apps.
Despite our safety and privacy controls, we cannot guarantee that you will not encounter inappropriate User Content or illegal conduct from third parties. You can help us to make our websites and apps welcoming for all users by reporting any offensive or unwelcome conduct to us.
Copyright Complaints & How to Submit an Infringement Notice
If you believe in good faith that materials hosted by us, including User Content, infringe your copyright, please provide the written information requested below (including paragraph numbers) in the order requested:
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on our websites or apps, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claims of copyright infringement on our websites or apps should be emailed or mailed, at your choice, to:
Nicholas Alipaz, CEO
Motorcycle Dress-Up, DBA of Heisenberg Ventures LLC
7552 Warner Ave STE 104
Huntington Beach, CA 92647
It is our policy to respond expeditiously when we receive a clear and complete notice of alleged copyright infringement that complies with the Digital Millennium Copyright Act (the “DMCA”). If we receive proper notification of claimed copyright infringement, we will remove or disable access to material claimed to be the subject of infringing activity in accordance with the DMCA, and in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or accountholders who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to our websites and apps, and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
In order to access certain features of our websites and apps, you may be required to create a user account (your “Account”). Information you provide through your Account must be truthful. User names may not be offensive, deceptive or violate any other party’s rights. You are responsible for the security of your access codes and passwords, and agree that the Companies are not liable for any unauthorized use of those access codes or passwords. If you are a resident of a jurisdiction that provides a right to delete personal information and you submit such a request to us, processing your request may result in the deletion of some or all of your account information.
Termination of Usage
You may discontinue your use of and access to the websites and apps at any time. However, these Terms remain in force until terminated by the Companies, which may be done at any time in our sole discretion. We may also, at any time, suspend or block your access to our websites and apps without notice for any conduct that we, in our sole discretion, believe is contrary to the Companies’ best interests, in violation of these Terms, or in violation of any applicable local, state, or federal laws or regulations.In the event of any termination, the restrictions on your use of the material on the websites and apps (including with respect to intellectual property), and any of these Terms that are by their nature unaffected by termination of your usage of the websites and apps (including the terms applicable to dispute resolution, indemnification, limitation of liability, and disclaimer of warranty) shall survive such termination, and you agree to remain bound by those terms. We reserve the right to seek all remedies available at law and in equity for violations of these Terms.
Availability of the Websites and Apps
While we use commercially reasonable efforts to keep our websites and apps accessible, they may be unavailable from time to time for indefinite amounts of time and for any reason including, without limitation, routine maintenance. We are not responsible for any coverage or connectivity issues you may experience, or any charges, data rates, or other fees incurred for cellular service, internet connection, etc.
Product Availability & Descriptions
Product availability is not guaranteed. All prices displayed on our websites and apps are quoted in U.S. dollars and are valid in the continental United States only. We reserve the right, without prior notice, to discontinue products, change availability, or change specifications and prices on products shown on our websites. We further reserve the right to limit the order quantity of any items without prior notice, before or after your purchase.
Risk of Loss
The risk of loss and title for products purchased by you passes to you upon our delivery of the items to the shipping carrier.
Emissions Laws & Aftermarket Parts
By purchasing aftermarket parts modifying motorcycle emission control systems, including but not limited to exhausts, fuel controllers and smog block-off plates (“Racing Parts”), you acknowledge that those Racing Parts are legal only for closed-course competition use, and you agree not to use those Racing Parts on a street vehicle. The Companies cannot verify your usage of Racing Parts, and will not be held responsible for any misuse. It is your responsibility to comply with all laws that apply to your vehicle.
State Sales and Use Taxes
State sales, use, and other taxes may be due on products and services sold through our websites and apps, and are assessed as applicable. In addition to notice of tax due on each purchase, which we provide at checkout, certain states require the delivery of an annual purchase summary to customers and the state tax authority. By purchasing products and services through our websites and apps, you are agreeing to delivery of this annual summary to you via email. Annual tax summaries are tax documents that may require action on your part.
Sweepstakes, Contests, Promotions, and Surveys
Disclaimer of Warranty
THE COMPANIES’ WEBSITES AND APPS, AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THEM, ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANIES HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WITH RESPECT TO THE WEBSITES, APPS, AND ANY SERVICES, PRODUCTS, OR MERCHANDISE OFFERED THROUGH THE WEBSITES OR APPS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANIES’ WEBSITES AND APPS IS AT YOUR SOLE RISK AND THAT THE COMPANIES ARE NOT LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITES OR APPS, OR ANY PRODUCTS OR SERVICES SOLD THROUGH THEM. YOU FURTHER AGREE TO ASSUME THE ENTIRE COST OF ANY AND ALL DAMAGE, SERVICING, REPAIR, OR CORRECTION TO YOUR VEHICLE, DEVICE, COMPUTER SYSTEM, OR OTHER EQUIPMENT THAT MAY BE NEEDED DUE TO YOUR USE OF THE WEBSITES OR APPS, OR ANY PRODUCTS OR SERVICES SOLD THROUGH THEM. NEITHER THE COMPANIES NOR ANY OF THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE WEBSITES OR APPS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES OR APPS, (B) THE AVAILABILITY OR DELETION OF, OR FAILURE TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE WEBSITES OR APPS, (C) THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY CONTENT OR INFORMATION OFFERED THROUGH THE WEBSITES OR APPS, OR (D) THAT THE FILES AVAILABLE FOR DOWNLOAD FROM THE WEBSITES OR APPS, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Limitation of Liability
Dispute Resolution Terms
Our customer service team is here to assist you with any issues you may encounter with our websites, apps, services, or products. The following terms apply to disputes, which we are unable to resolve informally. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE YOUR CLAIM HEARD BY A JURY.
Agreement to Mediation and Arbitration
Exclusions from Arbitration
Notwithstanding the above, you or the Companies may choose to pursue a dispute in court and not by arbitration if the dispute qualifies for resolution in small claims court. The Companies may also seek injunctive relief, damages, or other appropriate relief in state or federal court if the dispute involves an infringement or threatened infringement of our intellectual property rights. Any such dispute brought by you or the Companies in court shall be filed in the state or federal courts located in Los Angeles, California, and you consent and agree to the personal jurisdiction and venue of these courts.
Class Action Waiver
You agree to bring any and all claims against the Companies within one year from the date of accrual of a cause of action, and that actions brought after this date will be deemed time-barred.
The Companies may assign or transfer their rights and obligations in the websites or apps, or under these Terms to any company or person at any time, without restriction, and without prior notice. You may not assign or transfer any rights or obligations to anyone without specific, prior, written consent by the Companies.
How to Contact Us
Motorcycle Dress-Up, DBA of Heisenberg Ventures LLC
7552 Warner Ave STE 104
Huntington Beach, CA 92647