Thank you for visiting the Climbbybike.com website ("Website") and welcome to Terms and Conditions of Use Agreement ("Agreement").
Your access to, browsing, and use of this Website and the services or goods provided through or in connection with this Website (collectively, the "Services") are subject to the following terms and conditions and any other terms, conditions or guidelines set out elsewhere in this Website, as well as all applicable laws, rules and regulations, including but not limited to laws regarding trademarks, copyrights, rights of privacy, pornography, defamation, and export controls. BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS. Therefore the "Sponsors" kindly ask you to read these terms and conditions carefully. If you do not agree to and do not want to be bound by these terms and conditions, you should not use this Website, or the Services nor submit information on it.
1. Content and Accuracy of Information. While the Sponsors take reasonable steps to ensure that the information, images, text or links (the "Information") contained in this Website are accurate and complete, the Sponsors make no representations or warranties as to the completeness or accuracy of the Information. The Sponsors hereby disclaims any and all liability for any omissions or errors in or to the Information or the content of this Website generally.
2. Copyright Notice. Unless otherwise clearly indicated, you should assume that anything and everything you see or read on this Website is copyrighted and may not be used or copied by you except as explicitly provided in this Website, or by applicable law or otherwise, without the express prior written consent of the Sponsors or the copyright owner. This prohibition means you may not transmit, mirror, modify or redistribute any images or text from this Website without the express prior written permission of the Sponsors or the copyright owner. You may download and print images and text from this Website only for your private, noncommercial use. Any other use requires the prior consent of the Sponsors or the copyright owner.
3. Intellectual Property. Any trademarks, trade names, logos, and/or service marks displayed on this Website are the property of their respective owners and must not be used in any manner without the express prior written consent of the owner.
4. Images. Any images contained in or displayed by the Sponsors on this Website, other than as submitted by you, are the property of the Sponsors or of the copyright holder. Subject to paragraph 2 hereof, the use by you of any such images (or any portions thereof) without the express written consent of the Sponsors or the copyright holder is prohibited.
6. License. Images submitted by you on this website remain property of the submitter/owner. You hereby grant to the Sponsors and their service providers a nonexclusive, royalty-free, perpetual, irrevocable, unrestricted, worldwide right and license to access, use, copy, reproduce, distribute, transmit, display, perform, communicate to the public, modify, adapt, publish, translate, create derivative works from, and otherwise use the materials and texts (in whole or in part) you submit to the Sponsors or their service providers through this Website solely in connection with the performance of the Services, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability to you or any other person, and free from any obligation of confidence or other duties on the part of the Sponsors or their service providers.
7. Warranties. You represent and warrant to the Sponsors and their service providers, including but not limited to Climbbybike.com, that (i) their use of the materials you submit does not and will not violate or infringe the rights (including copyright, moral rights, and other intellectual property rights and privacy and personality rights) of any other person or any laws, and (ii) you have all the rights necessary to grant all rights and licenses set forth above.
8. Pornographic and Obscene Materials. You are hereby advised that any images submitted by you are subject to review and examination by the Sponsors or their service providers. Any and all images are, of course, subject to all applicable laws regarding child pornography, child abuse, or obscene or pornographic material. Any perceived violations of law will be reported by the Sponsors or their service providers to applicable law enforcement authorities. The Sponsors reserves the right in its sole and absolute discretion to refuse to process or post any materials deemed objectionable by the Sponsors.
9. Fees, Charges and Taxes, Availability, Prices, Misprints and Errors, and Orders. All fees and charges will be at the rates in effect at the time the charges where incurred. Charges incurred under this Agreement may include charges related to use of the Services, as well as charges related to goods and services provided by third parties but acquired through the Services or Other Sites. You are responsible for paying all fees, charges and applicable taxes associated with your use of the Services. All amounts appearing on this Website are quoted in U.S. dollars. The Sponsors endeavors to provide current and accurate information on this Website. Nevertheless, misprints or other errors may occur. The Sponsors reserve the right to change the prices, fees and charges associated with the Services, including any goods and services available through the Services, at any time and from time to time, without any notice or any liability to you or any other person. Also, due to the popularity of some goods and services, the Sponsors cannot guarantee that goods or services advertised on this Website will be available when ordered or thereafter. The Sponsors also reserves the right at any time to reject, correct, cancel or terminate any order. If any payment due is not made by you, the Sponsors may, in addition to its other remedies, at its sole discretion and without notice to you, (a) suspend its performance under this Agreement and your access to and use of the Services, or (b) terminate this Agreement and your access to and use of the Services. If legal action is necessary to collect fees or charges due from you, then you will reimburse the Sponsors for all expenses incurred in collecting the fees and charges, including all lawyers' fees and other legal expenses.
10.Disclaimers. YOUR ACCESSING OR USE OF THIS WEBSITE IS AT YOUR OWN RISK, AND YOU ACKNOWLEDGE AND ACCEPT EVERYTHING ON THIS WEBSITE "AS IS," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR ACCURACY AND THE EXPRESS WARRANTY OF QUIET ENJOYMENT.
YOUR USE OF THE SERVICES, INCLUDING ANY MATERIALS, DATA OR INFORMATION POSTED, SUBMITTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES, IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR PROVISIONING, CONFIGURING AND MAINTAINING ALL EQUIPMENT AND SOFTWARE YOU USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICES, INCLUDING ALL COMPUTERS, TELEPHONE AND INTERNET SERVICES AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT, AND SOFTWARE.
THE OPERATION OF THE SERVICES MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND THE SPONSORS'S CONTROL. THE OPERATION OF THE SERVICES MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED.
THE SPONSORS AND THEIR SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO Climbbybike.com, ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO ANY MISPRINTS OR ERRORS ON THIS WEBSITE, INCLUDING THE UNAVAILABILITY OF ANY PRODUCT OR SERVICES YOU ORDER, ANY DELAY IN THE AVAILABILITY OF PRODUCTS OR SERVICES, OR ANY CHANGES IN THE PRICE OF PRODUCTS OR SERVICES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SPONSORS AND THEIR SERVICE PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT AND SOFTWARE;
THE SERVICES OR WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
THE QUALITY OF ANY GOODS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS;
THE USE OF THE SERVICES, INCLUDING THE BROWSING AND DOWNLOADING OF ANY MATERIALS FROM THIS WEBSITE, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS OR BUGS; OR
THE USE OF THE SERVICES, INCLUDING THE DOWNLOADING AND REPRODUCTION OF MATERIALS POSTED OR SUBMITTED TO THE SERVICES, WILL NOT INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON;
AND THE SPONSORS AND THEIR SERVICE PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Limitations to Liability. THE SPONSORS AND THEIR SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY LIABILITY, AND IN NO EVENT SHALL THE SPONSORS OR THEIR SERVICE PROVIDERS, THEIR OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THIS WEBSITE OR THE SERVICES (EVEN IF THE SPONSORS OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES, MACROS, OR OTHER DISABLING SOFTWARE THAT MAY INFECT YOUR COMPUTER EQUIPMENT.
12. Release. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE THE SPONSORS AND THEIR SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO climbbybike.com, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICES.
13. Indemnity. You agree to indemnify, defend, and hold the Sponsors and their service providers, including but not limited to Climbbybike.com.com, and each of their respective agents, directors, officers, employees and affiliates (collectively, the "Indemnified Parties") harmless from and against any and all damages, liabilities and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or in connection with, use of the Services or this Website by you. You agree to assist and cooperate as fully as required by the Indemnified Parties in the defense of any such claim or demand.
14. Prohibited Linking. The Sponsors prohibit caching unauthorized hypertext links to this Website and the framing of any content available through this Website. The Sponsors reserve the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on other Internet sites linked to this Website.
15. Other Websites. The Services or this Website may include advertisements for, and links to, other sites and businesses operated by third parties ("Other Sites"). Other Sites are independent from this Website, and the Sponsors has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. The Sponsors does not sponsor or endorse any Other Sites or their content or the goods or services available through those sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you may not make any claim against the Sponsors arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites.
16. Jurisdiction/Governing Law. As a user of this Website, you agree to submit to the local law without regard to conflicts of laws principles.
17. Severability. If any provision of these terms and conditions is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions shall be enforced.
18. Updates and Revisions. The Information is provided by the Sponsors as a convenience and is subject to change without notice. The Sponsors may, at any time and from time to time, revise these Terms and Conditions and the content of this Website generally with updates and revisions (the "Updates and Revisions"). You hereby acknowledge and agree that you will be bound by such Updates and Revisions regardless of whether or not you have reviewed them. We recommend that you periodically visit this page to review and familiarize yourself with all current terms and conditions and review this Website generally to familiarize yourself with any Updates and Revisions.
Additional terms and conditions specifically, but not solely, applicable for the community parts of the climbbybike websites, derived sites and services:
This Site is provided as an interactive and informational resource. It is provided to you by the owner of this site ("us" or "we" or "our"), in connection with our partners, service providers, sponsors, or other affiliates. Certain services of this Site are provided to you in conjunction with our service provider, KickApps Corporation, and their content providers, business partners, and other parties (collectively, "Service Provider").
Use of the Site
Various company, product, and service names displayed on the Site may be trademarks or service marks owned by others (the "Third-Party Trademarks"). Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Site. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our or our Service Provider's reasonable judgment, may damage any goodwill in the Third-Party Trademarks.
The Site contains links to third-party websites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. In addition, the Site contains content posted, stored, or displayed at the direction of users of the Site, for which we and our Service Provider cannot accept any responsibility or liability.
By using the Site, you represent and warrant that you are 13 years of age or older. Your account may be terminated without warning, if we believe that you are under 13 years of age.
Membership in the Site is subject, in our or our Service Provider's sole discretion, to termination at any time.
The Site may now or in the future permit the submission of Content at the direction of users of the Site ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we and our Service Provider do not guarantee any confidentiality with respect to any submissions.
In addition to the foregoing licenses, you hereby grant both us and our Service Provider a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with other websites that make use of services provided by our Service Provider.
Disclaimer of Warranty and Limitation of Liability
WE, OUR AFFILIATES OUR SERVICE PROVIDER, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. NEITHER WE NOR OUR SERVICE PROVIDER SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.
NEITHER WE NOR OUR SERVICE PROVIDER WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR SERVICE PROVIDER HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE OR OUR SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR AND OUR SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
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