BikeShare.com Terms of Service
(B) Changes to Terms of Service. Company may modify the Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of BikeShare.com after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
(C) Changes to Site. Company may change or discontinue any aspect, service or feature of BikeShare.com at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(E) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of BikeShare.com and all charges related to the same.
2. Community Guidelines & User Content
(A) Interactive Areas. BikeShare.com may contain comments sections, discussion forums, bulletin boards, or other interactive features (“Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on BikeShare.com, and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and Company.
(B) Community Guidelines. If you submit any User Content or participate in an Interactive Area within or in connection with BikeShare.com, you agree to abide by the following rules of conduct:
• You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
• You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.
• You agree not to upload, post or otherwise transmit any material that contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene.
• You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
• You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
• You agree not to upload, post or otherwise transmit, without COMPANY’S’s express prior approval, User Content which contains advertising or any solicitation with respect to products or services;
• You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area;
• You agree not to impersonate any person or entity, including, but not limited to, any COMPANY employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about BikeShare.com users or posting private information about a third party;
• You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
• You agree not to interfere with or disrupt BikeShare.com or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of BikeShare.com, use of BikeShare.com, or access to BikeShare.com;
• You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Company, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on BikeShare.com;
• You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by BikeShare.com;
Any conduct that in Company’s sole discretion restricts or inhibits anyone else from using or enjoying BikeShare.com will not be permitted. Company reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. Company is not responsible for User Content submitted to BikeShare.com or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of BikeShare.com.
(C) Monitoring. Company shall have the right, but not the obligation, to monitor User Content posted or uploaded to BikeShare.com to determine compliance with these Terms of Service and any operating rules established by Company and to satisfy any law, regulation or authorized government request. Although Company has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to BikeShare.com, Company reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to BikeShare.com at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense.
(D) License to User Content. By submitting User Content to BikeShare.com, you automatically grant Company and its parent company, Company, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. You further grant Company the right to pursue at law any person or entity that violates your or Company’s rights in the User Content by a breach of these Terms of Service.
(E) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by COMPANY or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release COMPANY, and its licensees, successors and assigns, from any claims that you could otherwise assert against COMPANY by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use.
(F) User Content submitted by you will be considered non-confidential and Company is under no obligation to treat such User Content as proprietary information. Without limiting the foregoing, Company reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Company is under no obligation to offer you any payment for User Content that you submit or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to Company. Company shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.
3. Copyright Ownership.
BikeShare.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of BikeShare.com are copyrighted as a collective work under the United States copyright laws. Company owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
4. Third Party Content.
Company is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of BikeShare.com, are those of the respective author(s) or distributor(s) and not of Company. Neither Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through BikeShare.com represents the opinions and judgments of the respective user or information provider not under contract with Company. Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on BikeShare.com by any third party. Under no circumstances will COMPANY be liable for any loss or damage caused by your use or reliance on information obtained through BikeShare.com. Company is not responsible for any actions or inaction on your part based on the information that is presented on BikeShare.com. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through BikeShare.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
5. Advertisements and Promotions
Company may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Company, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
6. Disclaimer of Warranty; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT USE OF BIKESHARE.COM IS AT YOUR SOLE RISK. NEITHER COMPANY, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT BIKESHARE.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BIKESHARE.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH BIKESHARE.COM.
(B) BIKESHARE.COM, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.
(C) BIKESHARE.COM MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON BIKESHARE.COM DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. COMPANY IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED IN BIKESHARE.COM.
(D) NEITHER COMPANY, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(E) IN NO EVENT WILL COMPANY, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING BIKESHARE.COM OR THE BIKESHARE.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE BIKESHARE.COM..
(F) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, COMPANY, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN BIKESHARE.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER COMPANY, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
(G) Company disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing BikeShare.com, you acknowledge and agree to Company’s disclaimer of any such liability. If you do not agree, you should not access or use BikeShare.com.
You agree to defend, indemnify and hold harmless Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of BikeShare.com by you or your Account.
Company may terminate or suspend these Terms of Service at any time without notice to You. Without limiting the foregoing, Company shall have the right to immediately terminate your Account in the event of any conduct by you which Company in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Service. The provisions of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 shall survive termination of these Terms of Service.
Company, its parent, subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on BikeShare.com are the property of their respective owners.
These Terms of Service and any operating rules for BikeShare.com established by Company constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Service are for the benefit of Company its parent, subsidiaries, other affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. These Terms of Service shall be construed in accordance with the laws of the State of Florida and California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
11. Copyrights and Copyright Agent.
Company respects the rights of all copyright holders and in this regard, Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
Email: info at bikeshare.com
For web posting, reprint, transcript or licensing requests for COMPANY material, please contact info at bikeshare.com
For any questions or requests other than copyright issues or licensing requests, please contact info at bikeshare.com
These Terms of Service were last updated on February 15, 2013