Thank you for choosing to visit the IMotorbike. We are the Malaysia’s #1 online resource for motorcycles information and we continually strive every day to improve our services to give our users the best of most comprehensive of information.
The iMotorbike consists of iMotorbike News, iMotorbike.my, iMotorbike.co.id, any other Web site that we identify as a part of the iMotorbike, the mobile versions of our Web Sites, and any apps that we offer (for example, apps available through iTunes, Google Play Store and on Facebook).
We provide the iMotorbike, and our services and products to you subject to the provisions of this User Agreement. By using the iMotorbike or viewing its content, you accept and agree to be bound by this User Agreement and each of its provisions. This is a legally binding agreement between you and us, so please read it carefully.
License for Personal Use
We grant you a limited license and permission to access and make personal use of the IMotorbike but not to download any portion of it for any commercial purpose or to modify any portion of it, except with our written or e-mailed consent. This license does not include any resale or commercial use of the iMotorbike or its content; any collection or use of any vehicle or other product listings, descriptions or prices; any collection or use of the editorial content or the content submitted by either our members or our other visitors; any derivative use of the iMotorbike or its content; or any use of data mining, robots or similar data gathering or extraction tools or processes; and you agree not to do any of the foregoing. Except as explicitly provided in this User Agreement, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content of any portion of the iMotorbike for any commercial purpose. You may display and occasionally print a single copy of pages of the iMotorbike for your personal, non-commercial use, but you are strictly not permitted to reproduce any material appearing on the iMotorbike (other than your own “Visitor-Submitted Content,” as described below) without our prior written or e-mailed consent. Requests for permission to reproduce or distribute materials found on the iMotorbike should be sent to Permissions.
You are strictly not permitted to use our names (the words “iMotorbike”, or misspelling or typographical variation of those words, and whether alone or in conjunction with any other word or phrase), trademarks or service marks in any manner (including use in any metatags or any other “hidden text”) without our prior written or e-mailed consent.
Any breach of the forgoing will terminate the permission and license granted by us to you to access and make use of the iMotorbike.
The iMotorbike provides a number of means by which you may communicate with other visitors and with us.
This includes the various communication and personalization tools and services that are part of our “community” (the “Community Services”). The Community Services include the following:
- iMotorbike News and Reviews Comments
- Dealer Reviews & Ratings and Repair Shop Reviews & Ratings
- Consumer Reviews (and Ratings) of Motorcycles
- User Submitted Photographs
In order to add content to the iMotorbike through the Community Services, you must first become a member of the iMotorbike and agree to terms and conditions contained in our Membership Agreement.
However, other means of communication which do not require that you become a member of the iMotorbike are our Live Chat services, Help and the submittal to us of questions or comments.
All of your communications made to or through these other means or our Community Services, as well as any attachments to those communications or otherwise submitted to us (such as documents, photographs and videos) are referred to as “Visitor-Submitted Content.”
You are strictly prohibited to submit photographs or videos as a part of your Visitor-Submitted Content that infringes in any manner on the copyright, trademark or other intellectual property rights of any person or entity, or that contains any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity.
We reserve the right to review all Visitor-Submitted Content and to remove, or to refuse to display, any Visitor-Submitted Content in our sole discretion and for any reason whatsoever. However, we also reserve the right in our sole discretion to display any Visitor-Submitted Content that is submitted to us (or to decline to remove any Visitor-Submitted Content), even if it violates this User Agreement. Once submitted by a visitor, Visitor-Submitted Content may not be revised or deleted by that visitor.
You agree that, by submitting any Visitor-Submitted Content to us, you are granting to us a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute and display that Visitor-Submitted Content throughout the world for any purpose and in any media (including for advertising or other commercial use). These rights apply to your name, other personal information, photo, likeness and voice, if included in that Visitor-Submitted Content. You are also granting to us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your Visitor-Submitted Content. If we publish your Visitor-Submitted Content or authorize or license others to do so, your Visitor-Submitted Content may be edited for length or clarity or for any other reason either before or after it is published, it may be attributed to you by name and city (if provided to us) unless you expressly request that you remain anonymous, and it may be attributed to you by your IMotorbike username (if you have one).
You agree that you will not use or reproduce any Visitor-Submitted Content (other than your own) in any manner or in any media, including posting or republishing any such Visitor-Submitted Content on any other Web site.
When you visit the IMotorbike or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the IMotorbike. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or that you provide to us electronically satisfy any legal requirement that such communications be in writing.
Liability and Warranty Disclaimers
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH IMOTORBIKE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. IMOTORBIKE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH IMOTORBIKE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE AND THE OTHER ENTITIES FROM WHOM WE OBTAIN CONTENT DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH IMOTORBIKE ARE ACCURATE, RELIABLE OR CORRECT; THAT IMOTORBIKE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT IMOTORBIKE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF IMOTORBIKE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
All specifications, equipment, prices, incentives, dealer and deals information, and other information displayed on iMotorbike are gathered from sources and based on algorithms that are believed by us to be reliable (other than Visitor-Submitted Content, as to which we make no such representation), but no assurance can be given that this information is accurate, complete or current. In addition, we can give no assurance that any advice, recommendation or guidance that we provide on IMotorbike, in press releases, in communications between our staff and third parties, or in any other medium, or that are provided by our visitors through iMotorbike, is accurate, complete or current. We do not warrant the accuracy of, or assume (and you agree that IMotorbike does not bear any) responsibility for any errors or omissions in the information, advice, recommendations or guidance provided by either our staff or our visitors.
Before purchasing any vehicle or other goods or services you read about on IMotorbike, you should confirm with the dealer or vendor any information (including the price and available incentives or rebates) that is important to your decision.
iMotorbike displays both third-party advertising and links to many other Web sites not operated by us, including sites where you can obtain products and services such as new and used vehicles and vehicle financing and insurance. While we encourage you to consult such sites, IMotorbike does not control, endorse or guarantee any of the content found on such sites, or the content of any advertising we display; we are not responsible for the claims made by third parties or for the products or services those third parties provide; and we do not guarantee or warrant the prices, terms, quality, reliability or performance of the products or services provided by those third parties. You agree that iMotorbike is not responsible for any advertising that we display, or for any content, associated links, resources or services on or provided through sites not operated by us, and that IMotorbike shall not be liable for any loss or damage of any kind arising from or incurred in connection with your use of third-party content, services or products. We do not co-sponsor, operate, endorse or guarantee any sweepstakes or contest offer that may be promoted from time to time by third parties or that may be accessible through links from iMotorbike .
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE COMPANIES WITH WHICH WE DO BUSINESS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, IMOTORBIKE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Your iMotorbike Account
If you have signed up for an Account on the iMotorbike, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur in your Account.
We respect the intellectual property of others. If you believe that your work has been copied — by us or by any third party on the IMotorbike — in a manner that constitutes copyright infringement, please provide us the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the iMotorbike, including the URL of the page on which it appears;
- Your address, telephone number and e-mail address;
- 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; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
For notice of claims of copyright infringement on the iMotorbike, we can be reached at:
iMotorbike World Sdn Bhd (1205246-M)
Vipod Business Centre
6 Jalan Kia Peng, Kuala Lumpur
Tel: +603-2181 0608
Fax: +603-2181 0608
OR via email at: [email protected]
Damages and Indemnification
You agree that you will be responsible for any damages resulting from any breach of this Visitor Agreement. You further agree to indemnify and hold iMotorbike, and its affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys’ solicitors’ fees, made by any third party due to or arising out of your breach of this Visitor Agreement, or any violation of any law or the rights of any third party that occurs in connection with your use of the iMotorbike.
If any provision of this Visitor Agreement is held to be illegal or contrary to public policy or otherwise unenforceable, the legality, validity and enforceability of the remaining provisions of this Visitor Agreement shall not be in any way affected or impaired as a result.