TERMS
Moto-Fox is a DBA "Doing Business As" Registered Company in Mumbai, India does hereby inform potential and current Users of the existence of a personal data file, obtained through Users’ use of the Portal for statistical purposes, and which is used for redefining the services offered on the same, for the sending of technical promotional information, and for the maintenance and management of the legal and business relationship, and the provision of services, between Moto-Fox and the User. The gathered data are stored in accordance with legally established terms of confidentiality, and security measures are exercised. This data is not be handed over or shared with any companies or or entities, besides the website’s legal representative. The owner and responsible of this website and this data file is (Registered Office) (hereinafter the web administrator).
PROTECTING OF PERSONAL DATA
“Protection of Personal Data, and Data Development Regulations,” Moto-Fox does hereby make it known that personal data provided through owner and/or user registration forms will be incorporated into a file for automated handling, for the purpose of offering and providing Portal services. As a consequence, it is understood that that express consent shall be granted for the receiving of business communications, through electronic means, in accordance with the strict terms included in the present, and legally binding, terms and conditions. Also, User shall be able to exercise right of access, cancellation, or correction, by contacting us from Contact US PAGE.
USE OF PERSONAL INFORMATION
The transmission of personal data through the use of electronic forms found on this website, or in the case of e-mail messages, assumes that there is express consent on the part of the sender for the automated handling of data that is included as part of the indicated means of communication, and in relation to products and services offered by Moto-Fox website, as well as in relation to the sending of e-mail communications that contain information relative to said website and its business initiatives.The User, by marking acceptance of the terms and conditions in the pertinent boxes, which are enabled for that effect on the forms that are found on the Portal, does thereby give consent to have his/her personal data utilized for the purposes indicated on said forms. Consequently, this information will be used for:
1. Management of registration on the Portal, and the upkeep and development of the relationship that he/she maintains in relation Moto-Fox, as a registered User
2. Posting of User opinions, images, and videos;
3. Development of contact tools for the sending of business information to Users’ contact addresses, in those cases where they provided us with their personal data.
Also, the User, by accepting the terms and condition by marking the boxes on the forms on the Portal, which are enabled for that effect, will be consenting to the use of his/her personal data so that Moto-Fox will be able to send him/her business communications (by any method, including e-mails, SMS, etc.).
Moto-Fox USER DESIGNATION
Based on his/her navigation around the portal, and his/her use of the same, such person will be designated as a User of the Portal (hereinafter referred to as “User”). Such designation implies that the same accept all the terms and conditions for the use of the website, as put forth in this Legal Notice. The provision of services, by the Portal, is time- limited, based on the exactly when the User links to said Portal. The User should carefully read the Legal Notice every time that he/she is about to use the Portal, since it, and the terms and conditions included thereon, could undergo changes, at any time. Some of the Portal services that Users can access might be subject to specific terms and conditions that substitute for, are a completion of, and/or which modify the Legal Notice. The User shall always be under the obligation of accepting said modifications. The User must confirm that he/she is of legal age, and that he/she has the legal capacity to commit to and assume the Legal Notice’s Terms and Conditions, as detailed herein.
GENERAL RULES OF USE
The User is obligated to utilize the web page in a Grade, correct, and respectful manner, especially when posting opinions, comments, or photographic (“images”) or audiovisual (“videos”) works, on the different pages that allow for the same. Likewise, he/she is obligated, by way of example, to refrain from posting images, making comments, or carrying out activities that are:
1. The User is obligated to utilize the web page in a Grade, correct, and respectful manner, especially when posting opinions, comments, or photographic (“images”) or audiovisual (“videos”) works, on the different pages that allow for the same. Likewise, he/she is obligated, by way of example, to refrain from posting images, making comments, or carrying out activities that are:
2. “SPAM” messages, for the purpose of carrying out business, unsolicited chain mail, or mass mailings that are fraudulent, meant to deceive, or which promote illegal activities, or vulgar, threatening, obscene, defamatory, or libelousbehavior
Or which provide practical information about how to carry out illegal activities:
1. Involve any business activity, sales, or advertising where there is no monetary compensation
2. Involves personal data related to third parties, which require consent of the owner or holder of the rights. The User will have to respond, before Moto-Fox , or whatever third party, regarding any damages that might come about as a result of the un-fulfillment of his/her legal obligation.
The Portal allows the publication of both positive and negative opinions. It does not intercede in the opinions and Images posted by Users. However, the Portal will not post, or will eliminate those opinions and Images that do not comply with the previously stated terms and conditions. Moto-Fox shall not be responsible for, nor will it guarantee, the veracity or accuracy of the opinions and Images that Users might publish on its Portal.
Moto-Fox RESPONSIBILITIES
Moto-Fox shall respond to those cases where the damages that a User might suffer are a consequence of the use of its Portal, only when said damages are attributable to a fraudulent act by the company. The User does hereby acknowledge and accept that his/her use of the Portal, especially as it pertains to the posting of opinions and Images, as well as to the provision of services that are offered, shall be totally carried out at his/her own risk, and that he/he is solely responsible for how he uses the same. Moto-Fox shall not be deemed responsible for the veracity, accuracy, appropriateness, suitability, thoroughness, or timeliness of the information that is provided through its Portal, nor for decisions made on the basis of said information, or for any damages that information might cause.. This document was last updated on Jun 2017.
COPYRIGHT, LICENSES AND IDEA SUBMISSIONS.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Moto-Fox , its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Moto-Fox a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Moto-Fox by all means and in any media now known or hereafter developed. You also grant to Moto-Fox the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Moto-Fox for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Moto-Fox .
USE OF THE SITE
You understand that, except for information, products or services clearly identified as being supplied by Moto-Fox , Moto-Fox does not operate, control or endorse any information, products or services on the Internet in any way. Except for Moto-Fox identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Moto-Fox . You also understand that Moto-Fox cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the site and the internet. Moto-Fox provides the site and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and Moto-Foxt shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. Moto-Fox does not warrant that the service will be uninterrupted or mistake-free or that defects in the service will be corrected. You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. Moto-Fox has no control over and accepts no responsibility whatsoever for such materials.
LIMITATION OF LIABILITY
In no event will Moto-Fox be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Moto-Fox or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to mistakes, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Moto-Fox liability is limited to the greatest extent permitted by law. Moto-Fox makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Moto-Fox web site, please understand that it is independent from Moto-Fox, and that Moto-Fox has no control over the content on that web site. In addition, a link to a Moto-Fox web site does not mean that Moto-Fox endorses or accepts any responsibility for the content, or the use, of such web site.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Moto-Fox , its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
THIRD PARTY RIGHTS
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Moto-Fox and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
TERM TERMINATION
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
MISCELLANEOUS
This Agreement shall all be governed and construed in accordance with the laws of India applicable to agreements made and to be performed in India. You agree that any legal action or proceeding between Moto-Fox and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in India. Any cause of action or claim you may have with respect to the Service must be commenced within Six Month after the claim or cause of action arises or such claim or cause of action is barred. Moto-Fox failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Moto-Fox may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved. This document was last updated on Feb 2020
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