 |
 HOME |
ARTICLES |
FORUMS |
COLUMNS |
GALLERY |
STORE |
SPONSORS |
CONTACT US |
PLEASE READ THIS AGREEMENT AND CLICK ON THE BUTTON AT THE BOTTOM IF YOU AGREE. ACCEPTANCE OF THIS AGREEMENT IS REQUIRED TO REGISTER.
This Agreement (the "Agreement") governs your access and use of BIKELAND'S facilities, bulletin boards and service (the "Service"). In consideration for your right to access and use the Service, you and BIKELAND agree as follows:
1. ACCEPTANCE OF TERMS
By clicking the "I Accept" button below, you agree to be bound by the terms of this Agreement and any modifications made to it in accordance with Section 19 below.
2. THE BIKELAND SERVICE
The BIKELAND Service is an online application which allows individuals to join and participate in discussion groups. You understand and agree that the Service is provided "AS-IS" and that BIKELAND assumes no responsibility for, among other things, (1) any service outages or interruptions (2) the unavailability of particular boards, features or services, (3) the inability to access the Service, (4) the failure or inability to post materials to the Service, (4) the deletion of materials posted to the Service or (5) the failure to store materials posted to the service.
3. REGISTRATION
To take advantage of the Service's full capabilities users must register with BIKELAND. If you choose to register, you agree that you will supply BIKELAND with the information requested in the registration process, ensure that the information supplied is accurate, and update the information as necessary to ensure that it remains accurate. Information supplied in the registration process, as well as other information provided to BIKELAND during your use of the Service is governed by BIKELAND privacy policy (Section 22 of this document). During the registration process, you will be asked to select a password for your individual account. Your password will not work until you have validated your account by responding to the email you will receive following registration. You are solely responsible for maintaining the confidentiality of your password. You agree that anyone with whom you share your password will abide by this Agreement, and that you will be liable for the conduct of those using your account and password. You are encouraged to and may change your password at any time by visiting profile menu for your account. If you learn of any unauthorized use of your account or password, you agree to notify BIKELAND immediately via email.
4. CONTENT ACCESSIBLE ON THE SERVICE
The BIKELAND Service contains a huge variety of information, data, messages, directions, computer programs, pictures, audio/visual works and other materials (the "Content") that users post. Please use caution and common sense when viewing BIKELAND facilities. You understand and agree that any Content posted on the Service is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Service. You acknowledge that BIKELAND is not responsible for, does not control, does not endorse and does not verify the Content posted to the Service or available through the service, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will BIKELAND be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service.
You acknowledge that BIKELAND does not pre-screen Content, but agree that BIKELAND shall have the right (but not the obligation) to access any board, and remove or restrict access to any Content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing, BIKELAND shall have the right to access any board and remove or restrict access to any Content that violates this Agreement or that BIKELAND believes is otherwise objectionable.
You acknowledge and agree that BIKELAND may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BIKELAND, its users and the public.
Considering the real-time nature of this message board, it is impossible for us to review messages or confirm the validity of information posted. Please remember that we do not actively monitor the contents of posted messages and are not responsible for any messages posted. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of BIKELAND or any entity associated with BIKELAND. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email. We have the ability to remove objectionable messages and will do so at our discretionen. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately. You agree, through your use of this service, that you will not use BIKELAND to post any material which is knowingly violative of any law. You agree not to post any copyrighted material unless the copyrighted material is owned by you. Although BIKELAND does not and cannot review the messages posted and is not responsible for the content of any of these messages, we reserve the right to delete any message for any or no reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless BIKELAND, BLAZEBOARD (the makers of the bulletin board software), and their agents with respect to any claim based upon transmission of your message(s). You acknowledge and understand that BIKELAND hosts a diverse community and may contain content that may be deemed objectionable by some.
5. LICENSE GRANTED TO BIKELAND
You grant BIKELAND the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt, distribute and publish any Content you post/upload/contribute to the Service, for the purposes of displaying such information on BIKELAND's sites and for the promotion and marketing of BIKELAND's services.
6. USER CONDUCT
You agree to not use the Service to:
(a) violate or solicit the violation of any applicable local, state, national or international law;
(b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights
(c) upload, post, email or otherwise transmit any Content that (1) is unlawful; (2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and phreaking; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork; (4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws; (5) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (6) you do not have a right to upload or post due to contractual or other legal obligation.
(d) impersonate any person or entity, including, but not limited to, a BIKELAND official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(f) interfere with or disrupt the Service, computer servers or boards accessible through the Service;
(g) disseminate off-topic messages on boards promoting any product, service, web site, board or venture, or promote boards on the Service through unsolicited electronic mail messages to third parties.
If you do use the Service to commit any of the above, BIKELAND may, at its sole discretion. terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service.
7. COPYRIGHT
All information posted in BIKELAND becomes the intellectual property of BIKELAND . Reproduction of this information in any form without expressed written permission is strictly forbidden.
8. COOKIES
BIKELAND uses cookies to store the following information: the last time you logged in, your username and password, and your preferred "topic view", if you set it in preferences. These cookies are stored on your browser. Cookies are not used to track your movement or perform any function other than to enhance your use of the bulletin board. If your browser does not support cookies, or you have not enabled cookies on your browser, many of these time-saving features will not work properly. Also, you need to have cookies enabled in your browser if you want to enter a private forum.
9. LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE
You agree that BIKELAND may establish, in its sole discretion, any limitations, conditions or rules concerning use of the Service, including, for example, the maximum number of messages a user may post to a given board or the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post. You acknowledge that BIKELAND has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
10. MODIFICATION AND TERMINATION OF SERVICE
BIKELAND reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that BIKELAND shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that BIKELAND, in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of this Agreement. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that BIKELAND shall not be liable to you or any third-party for any termination of your use or ability to access the Service. Specific reasons for such limitation or termination include, but are not limited to the following:
(a) circumventing any BIKELAND banner display
(b) using in the registration of your BIKELAND membership an email account that is not your own or that is or becomes inactive.
(c) reproducing, distributing, republishing or retransmitting material posted by other BIKELAND members without the prior permission of BIKELAND.
BIKELAND reserves the right to take any action it deems necessary with respect to your user account if we have reason to believe it may cause us to lose the services of our ISP or suppliers.
11. OTHER WEB SITES AND RESOURCES
Third parties using the Service may provide links or access to other web sites and resources. Because BIKELAND has no control over such sites and resources, you acknowledge and agree that BIKELAND d is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BIKELAND shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
12. NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENT
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Service, access to the Service or any of the Content accessible through the Service, other than Content as to which you hold the intellectual property rights.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIKELAND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) BIKELAND MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY BIKELAND.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIKELAND SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIKELAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
15. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
16. INDEMNITY
You agree to indemnify and hold BIKELAND, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement or the rights of another.
17. NOTICES
Notices to you may be made via either email or regular mail. BIKELAND may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to you generally on the Service.
18. LEGAL DISPUTES
This Agreement and your relationship with BIKELAND shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions. You and BIKELAND agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of British Columbia, Canada agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. MODIFICATION
We may amend this Agreement at any time by posting the amended terms on our site at http://www.bikeland.net/tos.htm . All amendments shall automatically be effective immediately after they are posted on our site. Your use of the Service following the effective date of any modifications shall constitute your binding acceptance of those modifications. This Agreement may not be otherwise amended except in a writing signed by an officer of BIKELAND. This Agreement was last modified on November 5, 2008.
20. GENERAL
This Agreement constitutes the entire agreement between you and BIKELAND with respect to the Service and supersedes all prior agreements and understandings between you and BIKELAND. BIKELAND's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Paragraphs 12, 13, 14, 15 and 17 of this Agreement shall survive any termination of the Agreement.
21. OFFICIAL LANGUAGE - ENGLISH
This AGREEMENT AND THE BIKELAND site is developed in English and MAY BE translated into other languages. TO THE EXTENT A TRANSLATION OF THE AGREEMENT OR THE SITE IS PROVIDED, IT IS AFFORDED AS a convenience only. For all purposes, only the English VERSION OF THIS AGREEMENT, AND THE ENGLISH VERSIONS OF THE BIKELAND SITE SHALL BE OFFICIAL AND BINDING ON THE PARTIES. Bikeland Media is not responsible for the accuracy and correctness of the translation. You are solely responsible to carefully read AND UNDERSTAND the English text and YOU AGREE THAT YOU MAY NOT RELY on translations provided AS OFFICIAL DOCUMENTS OR REPRESENTATIONS.
22. PRIVACY POLICY
We reserve the right to reveal your identity (or whatever information we know about you, such as IP) in the event of a complaint or legal action arising from any message posted by you.
We use some Google services to gather visitor statistics. These tools in no way provide us with a way of identifying the individual the data relates to.