Disclaimer and rules of conduct
PopApps reserves the right to review all submissions and enforce control over all such submissions, including without limitation the right to edit or remove any Content. PopApps is not responsible for any failure to monitor, review, edit and/or delete any Content submitted to the Web Site
All Content are deemed to be provided on a non-confidential basis. We may remove, alter, or otherwise edit Content that we deem inappropriate for any reason, in our sole discretion. You bear all privacy and other risks associated with using the Community Features of this Site. Accordingly, you should avoid posting personal information such as home address or telephone number.
Rules of Conduct
You must abide by the following rules of conduct at all times while using the Community Features of this Web Site. H-D may impose limits on certain aspects of a Community or restrict your access to part or all of a Community without notice or penalty, in our sole discretion and for any reason, including without limitation if we believe you are in breach of these rules of conduct or any applicable law.
- You must be at least 18 years of age (or the age of majority in your state of residence) to submit Content to the Community.
- Content submitted by you must not contain content that is unlawful, libelous, defamatory, sexually explicit, obscene, abusive, violative of any third party’s privacy rights, and/or contains personal information of third parties such as telephone numbers, street addresses, or email addresses.
- Vulgar language and inappropriate material is prohibited. Abbreviations, self-censoring, and attempts to circumvent any censoring features of any H-D’s monitoring program violate these rules of conduct.
- Content promoting dangerous riding or dangerous use or misuse of H-D products will not be posted.
- Content containing confidential, non-public information about H-D and H-D products or services will not be posted.
- The material you post must be original material in which you own the copyright and/or that you have the legal right or license to reproduce, adapt, display, and/or distribute the material to others. Do not post photos, video, software, comments, or other content that is violative of intellectual property rights of others (including, without limitation, copyright, trade secrets, and trademarks rights) or violative of any federal, state, local, or international laws or regulations, all of which are expressly prohibited.
- You must not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification. H-D will not tolerate language intended to intimidate or incite violence.
- You must treat other users of the Site as you would expect them to treat you. Do not engage in personal attacks or any type of “flaming” of other users. Do not post topics or opinions that are designed to provoke a negative response from one or more specific users (i.e., “trolling).
- Do not engage in disruptive activity including without limitation persistent off-topic content or comments, or statements designed to incite other users to violate this Policy or these rules of conduct.
- Do not post any instructions, software, or other materials that would harm other users’ computers or allow other users to harm third parties, including without limitation by uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware.
- If your Content includes a link to an outside web site, you must ensure that the content of the link and outside web site is appropriate for the Community. This rule applies to mentioning or referencing a web site, even if the mention is not hyperlinked from your post. If you post a link or reference a web site that is inappropriate, H-D may remove it.
- Unless specifically agreed to in writing by H-D, you may not use the Community for any commercial purpose. H-D prohibits any actions to solicit funds, promote commercial entities or web sites, or otherwise engage in commercial activity through the Community.
You agree to defend, indemnify, and hold harmless H-D and its affiliates and all of their employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of theses Rules of Conduct or any other terms stated in this Policy.
Limitation of Liability and Disclaimer of Warranties
By using or accessing the Community Features, you agree that PopApps and its owner(s), parent, subsidiaries, affiliates, agents, representatives, consultants, contractors, and legal counsel, and their respective officers, directors, employees, representatives, and agents will have no liability or responsibility whatsoever for, and shall be held harmless by you against, any liability for any injuries, losses, claims, or damages of any kind (including without limitation any special, exemplary, punitive, indirect, incidental or consequential damages) to persons (including personal injury or death) or property, whether based in contract, tort, strict liability or otherwise, resulting in whole or in part, directly or indirectly, from any use or misuse of the Community Features or your Contribution to a Community Feature, any failure or delay by PopApps in connection with the Community Features or your Contribution, or the performance or non-performance of the Community Features or your Contribution, even if PopApps has been advised of the possibility of such damages. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, communications line failure, theft or destruction, or unauthorized access to, alteration of, or use of your personal information.
PopApps makes no warranty of any kind regarding the Community Features, which are provided on an “as is” and “as available” basis. PopApps expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. PopApps is not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Community Features, including without limitation that the Community Features will be error-free, or as to the accuracy, completeness and timeliness of any content or information distributed with respect to the Community Features. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
In addition to, and without limiting, any other disclaimers stated in this Policy or elsewhere on the Site, PopApps makes no representations or warranties about any Contribution posted on or made available through the Community, including without limitation warranties as to the quality, accuracy, completeness, or fitness for any particular purpose of such Contribution. You are solely responsible for determining and confirming the availability, appropriateness, accuracy, sufficiency, correctness, veracity, completeness, reliability, and timeliness of all user-submitted content. The inclusion of any user-submitted content on this Web Site does not imply the endorsement or sponsorship of PopApps. . You are solely responsible or any and all consequences of any activities, transactions, and relationships that you may conduct or form with other users of this Web Site.