Motorcyclenews.com
Terms & Conditions of Use
This is www.motorcyclenews.com, incorporating www.mcnmobile.co.uk, a website operated by Bauer Consumer Media. Bauer is a company that is registered in the UK with Company Number 696758 and with a registered address at 21 Holborn Viaduct, London EC1A 2DY. Bauer’s VAT Registration Number is 918 5617 01.
Your use of this website is subject to the following Terms & Conditions of Use, which you are deemed to accept by using the website.
Additional Terms
Additional terms will apply to any booking that you make through this website and to our use of your registration and other personal data (see Privacy Policy).
Copyright
The copyright and all other rights in the material on this website are owned by us or are included with the permission of the owner of the rights. As a visitor to this website, you may download a single copy of the material on this website on a single computer for your own private viewing/listening purposes only. Single copies of pages from this website may be printed out for the sole purposes of enabling the person printing the page to retain a copy for their own personal records. No copying or distribution of material on this website for any commercial or business use is permitted without our prior written consent. No photography, filming, broadcast, alteration or modification of the pages of this website is permitted without our prior written consent except as may be reasonably necessary to use the website. Subject to this paragraph, all rights in material on this website are reserved to Bauer.
Prohibited use
You agree not to use this website:
• to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from this website except where expressly permitted on the website;
• to transmit or re-circulate any material obtained from this website to any third party except where expressly permitted on this website;
• in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these terms;
• to disseminate any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• in any way that might infringe third party rights or that might bring Bauer plc or any of its subsidiaries into disrepute.
User-submitted content
If you send any text, images, audio or other content to this website you accept that the files sent, and all rights therein, become the sole property of Bauer and that we shall have the right to use that content in perpetuity, throughout the world, in all known and discovered mediums and for all purposes and we shall have the right to make it available to the public on this website and otherwise. All material must comply with the rules on User Content Pages, set out below. We may require you to confirm the rights granted in this paragraph and where requested to do so you shall provide all reasonable assistance to us.
Information and availability
Whilst we take every care to ensure that the information on this website is accurate and complete, some of it may be supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, this website is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind and we do not accept any liability arising from any inaccuracy or omission in the information or interruption in availability.
No reliance
The information on this website does not necessarily reflect the views and opinions of Bauer or any of its brands. Neither should any suggestions or advice contained on this website be relied upon in place of professional advice. You are responsible for checking the accuracy of relevant facts, instructions, suggestions and/or opinions given on this website before entering into any commitment based upon them.
Linking to our website
We welcome 'hot links' to the Home Page of our website, but not 'deep linking' by which we mean that you may not include a link to any page of our website that is not the Home Page. Neither may you display the contents of our website (or any page from it) or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent. If you would like to license our material, please contact us.
Links to other websites
On this website you may be offered automatic links to other websites. Whilst we hope you will be interested in those websites, you acknowledge that the content on those pages is not subject to our control, their owners may be independent from us and we do not endorse or accept any responsibility for their content.
Computer viruses
We will use reasonable endeavours to ensure that the website does not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all materials downloaded from the website and regularly check for the presence of viruses and other malicious code. We exclude to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the website.
Trade marks
The following are trade marks of Bauer or its parent or sister companies and which may be registered in certain jurisdictions:
1. Bauer
2. Bauer Consumer Media
3. Bauer Automotive
4. MCN
5. MotorCycle News
6. MCN Mobile
No use of these trade marks is to be made by you except for the purpose of referring to Bauer or its associated brands lawfully and in good faith only.
Registration
On certain parts of this website we may require you to register and provide certain information about yourself and where you do this you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the "Registration Data").
Our use of Registration Data and certain other information about you is subject to our Privacy Policy.
Your username and password
The registration processes on this website will involve you being allocated with a unique username and/or password that gives you access to your website account. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur through your website account. You agree to (a) immediately notify us if you become aware of any unauthorised use of your password or website account or any other breach of security by sending an appropriately worded email to mcn.online@bauerconsumer.co.uk and (b) ensure that you exit from your website account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
User Content Pages - Rules of Acceptable Use
Any reviews or content submitted by users in any discussion forums or pages of the website where you are capable of posting material are provided for your private and non-commercial use and for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the website that is inconsistent with those stated purposes is strictly prohibited. Your use of these forums and the website generally is subject to the following terms which, by your use of the forums and the website, you are deemed to accept (and which amount to a non-exhaustive list of prohibited acts):
• You may not use obscene or offensive language.
• You may not place on the website any material which is defamatory, abusive, discriminatory or hateful or which applauds, encourages or entices abuse, discrimination or hate.
• You may not post any material on the website which has been disclosed to you in confidence or which, by its nature, is confidential.
• You may not post any material on the website which compromises the privacy or security of anyone other than yourself.
• You may not place on the website any material which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful.
• You may not place on the site any material belonging to any person (or any material where the rights belong to any person) other than yourself without the prior written consent of the owner of it.
• You may not place on the site any material where the use by Bauer, or any third party licensed or permitted by Bauer, will give rise to any third party claims.
• You may not place any links on the website where those links take users to unlawful material or material that contravenes these Rules of Acceptable Use.
• You may not place on the website advertisements nor make commercial solicitations nor use the website for any commercial purposes (which would include using the website to promote or encourage the sale of your goods/services).
• You may not place on the website any material that authorises, enables or encourages the dissemination of junk mail or chain letters.
• You grant Bauer the unrestricted right to use, reproduce, translate and distribute any material you place on the site.
• We do have the right at our sole discretion to review, edit, move or delete any material submitted to our online forums.
• Bauer accepts no responsibility for any statements, material or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of these Rules of Acceptable Use.
• You agree to indemnify Bauer, its associated companies and its representatives and employees from any and all claims and liabilities (including legal fees) which arise from your statements, contributions or other submissions to our online forums, from any unauthorised use of material obtained from our online forums or otherwise from your breach of our Rules of Acceptable Use.
Removal of content
We, and others that we designate, shall have the right at our sole discretion to refuse or remove any content that is posted to, or available on, the forums or the website without the need to give any reasons for doing so.
Content objections
If you object to the publication of any material placed on our online forums (or anywhere else on this website) please let us know by calling +44 (0)1733 468000 or by sending an appropriately worded email to mcn.online@bauerconsumer.co.uk and we will take whatever action we deem appropriate.
Competition terms and conditions
These rules apply to all prize promotions including free draws, prize competitions and instant win offers. Depending on the nature of the competition there may be additional rules imposed by us (or selected third parties) and each such offer may be subject to its own express terms and may not be available in all jurisdictions.
1. Promotions are open to UK residents aged 18 and over.
2. Prizes are non-transferable, non-negotiable and no cash alternatives will be offered.
3. Bauer and the promoter reserve the right to substitute the prize for another prize of equal value.
4. NO PURCHASE NECESSARY to enter the competitions unless otherwise stated on the promotional activity with a specific competition.
5. By entering the prize draw, the entrant agrees to be bound by the rules and by any other requirements set out in the promotional material accompanying the promotion.
6. By entering the promotion, the entrant agrees to these Terms & Conditions of Use and the terms of the Privacy Policy. In addition, Bauer may pass your personal information to the promoters and their data processors. However, we always demand that those parties adhere to the same security procedures that we follow ourselves.
7. It is assumed that by entering competitions which, if won, could result in time off work, your employer is in agreement to time off. When dates are specified they cannot be altered.
8. Depending on the nature of the prize, its use or enjoyment may be subject to further conditions or restrictions.
9. Winners will be notified by email on the day of the draw. Winners have five (5) business working days to respond in full to the email or another winner will be drawn.
10. By entering the promotion, the winner(s) consent(s) to any publicity generated as a result of the promotion, and use on this website at any time.
11. Prize draws are open to all residents of the UK, except employees of Bauer Consumer Media (and its subsidiaries), the promoter and their immediate families, the promoters advertising agency and sales promotion consultancy, and anyone else connected with the creation and administration of the promotion.
12. The website Editor's decision is final and no correspondence will be entered into. Odds of winning depend on the number of eligible entries received.
13. Only one entry per person. Spammers will be disqualified.
14. Bauer will not accept responsibility for loss through technical fault, incomplete, illegible or other damaged entries. Proof of entry is not automatically proof of receipt.
15. The promotional draw is held by Bauer
Severability
In the event that any term of these Terms & Conditions of Use is held to be invalid or unenforceable, the remainder of these Terms & Conditions of Use shall remain valid and enforceable.
Variation of these Terms & Conditions of Use
Bauer reserves the right to vary these Terms & Conditions of Use from time to time. Such variations become effective immediately upon the posting of the varied Terms & Conditions of Use on the website. By continuing to use the website you will be deemed to accept such variations.
General
Nothing in these Terms & Conditions of Use shall restrict or exclude any liability that we have to any party which cannot be excluded by law and in particular, and notwithstanding any term of these Terms & Conditions of Use, our liability for death or personal injury caused by our negligence shall not be limited or excluded in any way.
These Terms & Conditions of Use shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction.
NEED HELP?
If you have any general queries concerning www.motorcyclenews.com please contact us via email at mcn.online@bauerconsumer.co.uk and we will endeavour to deal with your email as quickly as possible.
MCN’s Privacy & Cookie Policy
Our Commitment To Your Privacy
Bauer Consumer Media (Bauer) is responsible for the www.motorcyclenews.com [(incorporating www.mcnmobile.co.uk)] website and is committed to protecting your privacy and security.
From time to time we may invite you to supply personal information in order for us to authenticate your identity or to provide you with services (such as access to our bookings service subscriber-only services, our bulletin board, email newsletters and competitions). In order to deliver such services, we will need to process and store your personal information and may need to transfer it to the relevant partner(s), for processing both inside and outside the European Economic Area (EEA). By submitting your personal information, you consent to such processing and transfers in connection with such orders, offers or services and for any other purposes to which you consent at the time you provide the information or as provided in this privacy policy ( see "Who Else Will We Provide Your Data To?" below)
Bauer is registered in accordance with and seeks to comply with the UK Data Protection Act 1998. We follow appropriate security procedures in the storage and disclosure of personal information so as to prevent unauthorised access by third parties. We also require those parties to whom we transfer personal information to comply with the same. However, the Internet is not a totally secure medium and you acknowledge and agree that Bauer shall not be responsible for any unauthorised use, distribution, damage or destruction of personal data, except to the extent We are required to accept such responsibility by the Data Protection Act 1998.
This Policy only applies to the use that we make of data provided to us via the Internet and email. Other uses may be made of data provided to Bauer in correspondence, by telephone or by other means not detailed in this Policy. These terms apply in addition to Terms & Conditions Of Use for the website.
Why We Need to Collect Information From You
We will notify you as to the types of information we are collecting about you as well as the uses we intend to make of that information. We may use the information we collect about you to notify you from time to time about important new features and changes to our online services or special offers, competitions or promotions we think you'll find of interest.
Special Promotions
Occasionally a third party may sponsor a promotion, offer, competition or page of the website and you may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. In those circumstances we may transfer personal information to those named third parties that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy policy will apply.
Who Else Will We Provide Your Data To?
Subject to what we say below, we will not pass on your personal details to any third party, including site sponsors or advertisers, without your consent. In order to provide goods and services to you we may need to provide your data to our agents and service providers. We may provide aggregate statistics about our users, sales, traffic patterns and related site information to our third-party partners (if any), but these statistics will not contain any information about you from which you could be identified.
If you enter any competitions on this website it may be necessary for us to provide your personal information to the promoters of the competition or to others that are involved in the organisation of the competition or the prize-giving.
Also, we may transfer your personal information to purchasers or subsidiaries (and potential purchasers or subsidiaries) if Bauer acquires, or is acquired by or merged with, another company. This will enable you, for example, to continue your relationship with MCN despite a change of ownership.
We may also need to provide your data to our subscription and other fulfilment agents in order to provide goods or services to you.
Content Posted by You
Of course, if you post any personal information to any bulletin boards or forums, this information will immediately be made available to other users throughout the world who may use it to send you unsolicited communications. Furthermore, in some circumstances we may display some of your personal information (name data) when you post material to the website to allow users to identify each other. Also, if you post any content in breach of our Terms & Conditions Of Use we may inform any relevant third parties such as your employer, school e-mail/Internet provider and law enforcement agencies about the content and your behaviour.
The Use Security and po Of 'Cookies' Security and possibility of international transfer.
Please note that countries outside the EEA may not have the same level of protection as countries within the EEA, but we always demand that those parties to whom we transfer data adhere to the same security procedures that we follow ourselves. By submitting your personal information, you consent to such processing and transfers in connection with such orders, offers or services and for any other purposes to which you consent at the time you provide the information.
The Use Of 'Cookies'
In order to enable us to provide you with a personalised browsing experience, this site uses 'cookie' information collection technology. "Cookies" are small pieces of information that are issued to your computer when you enter a website. Cookies are stored by your browser on your computer's hard drive, and they can be used for a wide range of purposes, such as identifying your computer's previous visits to this website, and to ascertain the most popular features of this website.
Why Do We Use Cookies?
Like many other websites, this website uses cookies as they enable us to identify your computer when you visit this website. For example, cookies can make it possible for us to identify and automatically log in registered users of certain services on this website without the need for us to ask users for their registration details and password each time they visit. We also use cookies to develop a clearer picture of which parts of this website are the most popular to its visitors, and your preferences. You are not obliged to accept cookies and you may amend your browser's settings to prevent it from accepting cookies. Click here for instructions on how to disable cookies.
Please be aware that if you do disable cookies, certain services on this website may not be available to you and your enjoyment of this website may be impaired.
Links and Third Party Advertising
Any links on the website may take you to third party sites over which we have no control. Similarly, advertisements appearing on this website may be posted by third parties who may use their own cookies and have their own privacy policies. When linking to another website you should read the privacy policy stated on that website. This privacy policy covers the use made of cookies and personal data by Bauer and does not cover the use made of cookies and personal data by any third parties.
Feedback, Comments & Suggestions
If you have any queries about Our Privacy Policy or any queries about the protection of personal information We hold about you, please do not hesitate to contact us: Our address is Media House, Lynchwood, Peterborough, PE2 6EA.
If you do not agree with this Privacy Policy you should not submit your personal information on this website.
Advertiser Terms and Conditions
The following terms and conditions are for use with anyone that wishes to post advertisements for motorcycles (and related equipment) through the www.motorcyclenews.com website (the Site) which is owned by Bauer Consumer Media. Bauer is a company that is registered in the UK with Company Number 918561701 and with a registered address at 21 Holborn Viaduct, London EC1A 2DY. Bauer’s VAT Registration Number is 486 4004 42. The Site is operated from Bauer’s offices at Media House, Lynch Wood, Peterborough, PE2 6EA. These terms apply in addition to the general Terms and Conditions for use of the Website (above) and the Privacy Policy which you are deemed to accept when you post any advertisement on the Site.
By making a request for an advertisement to be posted on the Site you are offering to post your advertisement on the following Terms and Conditions.
Please print and retain a copy of Your Order and these Terms and Conditions for Your records once you have submitted your request for an advertisement. These Terms and Conditions are not available in any other language than English. If you have any queries in relation to these terms please let us know by calling 0845-0515001.
Private Sales Only
This online classified booking facility is intended for the use of private advertisers in the UK only. Trade advertisements submitted via the internet cannot be accepted. You are reminded that under the Business Advertisements (Disclosure) Order 1977 all advertisements placed by people who seek to sell goods in the course of business must make that fact clear.
Placing Orders
With any request for an advertisement that you make we must receive full details of the advertisement and all other criteria detailed on the order page of the site.
The prices payable are the prices set out in the Order in pounds sterling on the date of your Order.
Upon placing any request you will be required to provide full credit/debit card details. If Your request is accepted we will send you a confirmatory email, your credit/debit card will be debited for the agreed fee and your advertisement will be posted in the manner requested and agreed. Please note that if we do not send you a confirmatory email you should not assume that your request has been accepted.
All advertisements are subject to approval of the publisher, who reserves the right to amend, refuse, withdraw or otherwise deal with copy submitted and who will have no obligation to provide you with any reasons for so doing.
Advertisements once received and processed cannot be cancelled or money refunded. Any necessary corrections must be notified immediately following publication of the first insertion.
Content of All Advertisements
All advertisements must comply with the following terms and conditions:
• You warrant that your advertisement is honest and truthful and has been posted in good faith;
• You warrant that you own the motorcycle/equipment detailed in your advertisement and that you are entitled to offer it for sale;
• You warrant that any text or images included within your advertisement are your own original works and that you own the copyright and any other relevant rights;
• You warrant that the language and images that you use in any advertisement are not obscene, abusive, hateful, offensive, defamatory of any person or otherwise illegal or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person;
• You agree not to post any advertisement which is deliberately intended to upset other users, to breach confidence, to compromise privacy or to process personal data in an unauthorised manner;
• You agree not to post any advertisement which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful;
• you agree not to place within any advertisement any links where those links take users to unlawful material or material that contravenes these terms;
• you agree not to post any advertisement which contravenes the relevant codes of conduct imposed by the Advertising Standards Authority;
• you agree not to post, upload or otherwise transmit any advertisement which:
o infringes the rights of any person or which is unlawful in any other respect;
o will compromise the privacy or data protection rights of any person; or
o may bring Bauer, the Site or MCN into disrepute.
• You agree not to:
o post, upload, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", “affiliate schemes”, or any other so called “business opportunity” or any other form of solicitation or commercial exploitation;
o post, upload, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment.
You acknowledge that any breach of the terms/warranties given above may cause Bauer damage or loss and you agree to indemnify Bauer in full and permanently against any third party liabilities, claims, costs, loss or damage that it incurs as a result of publishing material that you submit to it, including consequential losses.
Bauer may publish and make available to the public by any means any advertisement that you submit, post, upload, email or otherwise transmit to it at their sole discretion and they shall be entitled to make additions or deletions to any such material prior to publication.
Bauer reserves the right to remove your advertisements completely if it believes that you are abusing the advertisement service in any way.
Deadlines
Advertisements placed via the internet for print in MCN Magazine and received by us before 5pm on a Thursday will appear in the following Wednesday's issue. Advertisements received after this deadline will be included in the first available issue. Internet advertisements will be posted on www.motorcyclenews.com within 24 hours of being booked unless booked between Friday 5pm and Sunday at midnight. These will appear on the following Monday.
All private classified lineage advertisements published by MCN received via the internet are copyright of MCN.
MCN Advertising Upgrades
MCN offer private advertisers the opportunity to upgrade their advertisements the details of which will be published on www.motorcyclenews.com/mcn/bikesforsale.
Upgrades must be added and paid for at the time of booking an ad either online or via the telephone booking service. Once added and paid for you may not alter, amend or withdraw any upgrade from your advertisement.
MCN reserves the right to withdraw or refuse to accept any request to add an upgrade to an advertisment for any reason.
MCN reserves the right to alter, amend or withdraw any available upgrade at any time and without prior notice.
Miscellaneous
Subject to what is said below Bauer shall not be liable to you or any other third party claiming through you for indirect, incidental, special or consequential damages arising out of, or relating to this contract whether framed as a breach of warranty, in tort, contract, failure of essential purpose, or otherwise. Subject to what is said below in no event shall Bauer’s liability to exceed the fee paid by you for posting the advertisement.
No clause in these Terms and Conditions shall serve to exclude or limit either party’s liability for fraudulent misrepresentation or death or personal injury arising out of negligence.
Any agreement formed on these terms and conditions is personal to you. Nothing in these terms and conditions shall give a person who is not a party to this Agreement any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
Bauer’s failure to exercise or enforce any of its rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.
These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the jurisdiction of the English courts.
