- Written by Adam Blakey
- Category: Terms
- Last Updated: 31 August 2012
- Hits: 2622
1. Your Acceptance
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. iBikeRide may, in its sole discretion, modify or revise these Terms ofService and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. iBikeRide Website
A. These Terms of Service apply to all users of the iBikeRide Website, including users who are alsocontributors of posts, blogs, video content, forum posts, comments, information, and other materials or services on the Website. The iBikeRide Website includes all aspects of iBikeRide, including but not limited to iBikeRide sections and categories
B. The iBikeRide Website may contain links or embedded content and videos to third party websites that are not owned or controlled by iBikeRide. iBikeRide has no control over, and assumes no responsibilityfor, the content, privacy policies, or practices of any third party websites. In addition, iBikeRide will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve iBikeRide from any and all liability arising from your use of any third-party website.
3. iBikeRide Accounts
A.In order to access some features of the Website, you will have tocreate an iBikeRide account. You may never use another's account without permission. When creating your account, you must provide accurate andcomplete information. You are solely responsible for the activity thatoccurs on your account, and you must keep your account password secure.You must notify iBikeRide immediately of any breach of security or unauthorized use of your account.
B. Although iBikeRide will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of iBikeRide or others due to such unauthorized use.
4. General Use of the Website -- Permissions and Restrictions
iBikeRide hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A.You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without iBikeRide's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to iBikeRide's Embeddable Player or any of its related technologies.
C.You agree not to access User Submissions (defined below) or iBikeRide Content through any technology or means other than the video play backand content post pages of the Website itself, or other explicitly authorized means iBikeRide may designate.
D. You agree not to use the Website, for any commercial use, without the prior written authorization of iBikeRide. Prohibited commercial uses include any of the following actions taken without iBikeRide's express approval:
- sale of access to the Website or its related services on another website;
- use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the iBikeRide website or any third-party website, targeted to the content of specific User Submissions or iBikeRide content;
- and any use of the Website or its related services that iBikeRide finds, in its sole discretion, to use iBikeRide's resources or User Submissions with the effect of competing with or displacing the market for iBikeRide, iBikeRide content, or its User Submissions.
E. Prohibited commercial uses do not include:
- uploading an original video to iBikeRide, or maintaining an original channel on iBikeRide, to promote your business or artistic enterprise;
- using the Player to show iBikeRide videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with iBikeRide.
- any use that iBikeRide expressly authorizes in writing.
F.If you use the any of iBikeRide content on your website, you must include a prominent link back to the iBikeRide website on the pages containing the content and you may not modify,the content in any way.
G.You agree not to use or launch any automated system, including withoutlimitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the iBikeRideservers in a given period of time than a human can reasonably producein the same period by using a conventional on-line web browser.Not withstanding the foregoing, iBikeRide grants the operators of public search engines permission to use spiders to copy materials from thesite for the sole purpose of and solely to the extent necessary forcreating publicly available searchable indices of the materials, butnot caches or archives of such materials. iBikeRide reserves the right to revoke these exceptions either generally or in specific cases. Youagree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email)for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to theirUser Submissions.
H. You will otherwise comply with the terms and conditions of these Terms of Service, iBikeRide Community Guidelines,and all applicable local, national, and international laws and regulations.
I. iBikeRide reserves the right to discontinue any aspect of the iBikeRide Website at any time.
j, iBikeRide does not take responsibility to continue the hosting, serving, back up or transfer back to the user of any user submitted content, images or videos.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the iBikeRide Website.
A. The content on the iBikeRide Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos ,interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to iBikeRide, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. iBikeRide reserves all rights not expressly granted in and to theWebsite and the Content.
B. You may access User Submissions solely:
- for your information and personal use;
- as intended through the normal functionality of the iBikeRide Service; and
- for Streaming
"Streaming" means a contemporaneous digitaltransmission of an audiovisual work via the Internet from the iBikeRide or 3rd partyService to a user's device in such a manner that the data is intendedfor real-time viewing and not intended to be copied, stored,permanently downloaded, or redistributed by the user. Accessing UserVideos for any purpose or in any manner other than Streaming isexpressly prohibited. User Videos are made available "as is."
C.User Comments and blogs are made available to you for your information and personal use solely as intended through the normal functionality of the iBikeRide Service. User Comments and User Submissions like blogs are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the iBikeRide Service or otherwise as prohibited under this Agreement.
D. You may access iBikeRide Content, User Submissions and other content only as permitted under this Agreement. iBikeRide reserves all rights not expressly granted in and to the iBikeRide Content and the iBikeRide Service.
E.You agree to not engage in the use, copying, or distribution of any o fthe Content other than expressly permitted herein, including any use,copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the iBikeRide Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ibikeride Website or the Content therein.
G.You understand that when using the iBikeRide Website, you will be exposedto User Submissions from a variety of sources, and that iBikeRide is notresponsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You furtherunderstand and acknowledge that you may be exposed to User Submissionsthat are inaccurate, offensive, indecent, or objectionable, and youagree to waive, and hereby do waive, any legal or equitable rights orremedies you have or may have against iBikeRide with respect thereto, andagree to indemnify and hold ibikeride, its Owners/Operators, affiliates,and/or licensors, harmless to the fullest extent allowed by lawregarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A.As an iBikeRide account holder you may submit media and video content ("UserVideos" and "User Photo's"), and textual content ("User Comments", "User Posts" and User"Blogs"). These are collectively referred to as "User Submissions." Youunderstand that whether or not such User Submissions are published, iBikeRide does not guarantee any confidentiality with respect to any UserSubmissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, andpermissions to use and authorize ibikeride to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Termsof Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to iBikeRide, you hereby grant iBikeRide a worldwide,non-exclusive, royalty-free, sublicenseable and transferable license touse, reproduce, distribute, prepare derivative works of, display, edit and perform the User Submissions in connection with the iBikeRide Website and iBikeRide's (and its successors' and affiliates') business, including without limitation for promoting, resale, redistributing part or all of the iBikeRide Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the iBikeRide Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality ofthe Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos or submissions from the iBikeRide Service. You understand and agree, however, that iBikeRide may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments and submissions are perpetual and irrevocable.
D.In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret orotherwise subject to third party proprietary rights, including privacyand publicity rights, unless you are the owner of such rights or havepermission from their rightful owner to post the material and to grant iBikeRide all of the license rights granted herein.
E. You agree that your conduct on the site will comport with the iBikeRide Community Guidelines, found at community guidelines, which may be updated from time to time.
F. iBikeRide does not endorse any User Submission or any opinion,recommendation, or advice expressed therein, and iBikeRide expressly disclaims any and all liability in connection with User Submissions.iBikeRide does not permit copyright infringing activities andinfringement of intellectual property rights on its Website, and iBikeRide will remove all Content and User Submissions if properlynotified that such Content or User Submission infringes on another'sintellectual property rights.iBikeRide reserves the right to removeContent and User Submissions without prior notice.
H iBikeRide reserves the right to delete or edit content and or ban users that contravene iBikeRide's community guidelines
I iBikeRide reserves the right to copy, edit and refer to User submissions within other Posts produced by IBikeRide on the site.
7. Account Termination Policy
A. iBikeRide will terminate a User's access to its Website if, underappropriate circumstances, they are determined to be a repeat infringer.
B. iBikeRide reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement andviolations of intellectual property law, such as, but not limited to,pornography, obscene or defamatory material, or excessive length. iBikeRide may remove such User Submissions and/or terminate a User'saccess for uploading such material in violation of these Terms ofService at any time, without prior notice and at its sole discretion.
9. Warranty Disclaimer
YOUAGREE THAT YOUR USE OF THE IBIKERIDE WEBSITE SHALL BE AT YOUR SOLE RISK.TO THE FULLEST EXTENT PERMITTED BY LAW, IBIKERIDE, ITS OFFICERS,DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. IBIKERIDE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY ORCOMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKEDTO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY ORPROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESSTO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OFOUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/ORFINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION ORCESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO ORTHROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OROMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE IBIKERIDE WEBSITE. IBIKERIDE DOES NOTWARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTOR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IBIKERIDEWEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHERADVERTISING, AND IBIKERIDE WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT ORSERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOURBEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
INNO EVENT SHALL IBIKERIDE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY ORPROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESSTO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OFOUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/ORFINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION ORCESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO ORTHROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OROMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURREDAS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE IBIKERIDE WEBSITE, WHETHER BASED ONWARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOTTHE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THEFOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENTPERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOUSPECIFICALLY ACKNOWLEDGE THAT IBIKERIDE SHALL NOT BE LIABLE FOR USERSUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANYTHIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOINGRESTS ENTIRELY WITH YOU.
The Website is controlled andoffered by iBikeRide from it's offices in the United Kingdom. iBikeRide makes no representations that the iBikeRidewebsite isappropriate or available for use in other locations. Those who accessor use the iBikeRideWebsite from other jurisdictions do so at their ownvolition and are responsible for compliance with local law.
Youagree to defend, indemnify and hold harmless iBikeRide, its parentcorporation, officers, directors, employees and agents, from andagainst any and all claims, damages, obligations, losses, liabilities,costs or debt, and expenses (including but not limited to attorney'sfees) arising from: (i) your use of and access to the iBikeRide Website;(ii) your violation of any term of these Terms of Service; (iii) yourviolation of any third party right, including without limitation anycopyright, property, or privacy right; or (iv) any claim that one ofyour User Submissions caused damage to a third party. This defense andindemnification obligation will survive these Terms of Service and youruse of the iBikeRide Website.
12. Ability to Accept Terms of Service
Youaffirm that you are either more than 18 years of age, or an emancipatedminor, or possess legal parental or guardian consent, and are fullyable and competent to enter into the terms, conditions, obligations,affirmations, representations, and warranties set forth in these Termsof Service, and to abide by and comply with these Terms of Service. Inany case, you affirm that you are over the age of 13, as the ibikerideWebsite is not intended for children under 13. If you are under 13years of age, then please do not use the ibikeride Website�there are lotsof other great web sites for you. Talk to your parents about what sitesare appropriate for you.
TheseTerms of Service, and any rights and licenses granted hereunder, maynot be transferred or assigned by you, but may be assigned by iBikeRidewithout restriction.
You agree that: (i) the iBikeRide Website shall be deemed a passive website that does not give rise to personal jurisdiction over iBikeRide,either specific or general, in jurisdictions other than the UK.These Terms of Service shall be governed by the internal substantivelaws of the UK, without respect to its conflict oflaws principles. Any claim or dispute between you and iBikeRide thatarises in whole or in part from the iBikeRide Website shall be decidedexclusively by a court of competent jurisdiction located in England, UK. These Terms of Service, together with the PrivacyNotice and any other legal notices published by iBikeRide on the Website, shallconstitute the entire agreement between you and iBikeRideibikeride's failure to assert any right or provision under these Terms ofService shall not constitute a waiver of such right or provision. iBikeRide reserves the right to amend these Terms of Service at any timeand without notice, and it is your responsibility to review these Termsof Service for any changes. Your use of the iBikeRideIBIKERIDE AGREE THAT ANY CAUSEOF ACTION ARISING OUT OF OR RELATED TO THE IBIKERIDE WEBSITE MUSTCOMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. concerning the iBikeRide Website. If any provision of these Terms of Service is deemedinvalid by a court of competent jurisdiction, the invalidity of suchprovision shall not affect the validity of the remaining provisions ofthese Terms of Service, which shall remain in full force and effect. Nowaiver of any term of this these Terms of Service shall be deemed afurther or continuing waiver of such term or any other term, and Website followingany amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.