Website Terms & Conditions
Bike and Roll NYC (“BIKEANDROLL”) provides this web site to you, subject to these Terms & Conditions. The Terms & Conditions may be updated by BIKEANDROLL from time to time without notice to you. This web site and other BIKEANDROLL Web sites that are linked to this site or affiliated with this site (collectively “the Site”) and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively “Content”), is intended for the lawful use of BIKEANDROLL customers, employees and members of the general public who are over the age of 13. The Site is controlled and operated in whole or in part by BIKEANDROLL from its offices within the United States. BIKEANDROLL makes no representation that these materials are appropriate or available for use in other locations. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. You acknowledge that BIKEANDROLL reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.
ACCEPTANCE OF TERMS
You acknowledge you have read, and agree to be bound by these Terms & Conditions and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms & Conditions on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.
RESTRICTIONS ON USE OF CONTENT
©Copyright Bike and Roll, NYC. All Rights Reserved. THE UNAUTHORIZED COPYING, DISPLAYING OR OTHER USE OF ANY CONTENT FROM THIS SITE IS A VIOLATION OF THE LAW. You acknowledge having been advised by BIKEANDROLL that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws (collectively “Rights”). In addition to BIKEANDROLL’S Rights in individual elements of the Content, BIKEANDROLL or its licensors own a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the Site or ordering products or services from the Site. This permission terminates automatically if you breach any of the Web Site Terms & Conditions. If pursuant to an authorization from BIKEANDROLL, you download software from the Site, the software, including all code, files, images, contained in or generated by the software, and accompanying data, are deemed to be licensed to you by BIKEANDROLL. Neither title nor intellectual property rights are transferred to you, but remain with BIKEANDROLL, who owns the full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. BIKEANDROLL does not grant you any permission to use the Content other than the permission expressly stated in these Terms & Conditions. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without BIKEANDROLL’S prior express written consent.
TRADEMARKS AND SERVICE MARKS
There may be proprietary logos, service marks, trademarks, slogans and product designations found on this Site. By making them available on this Site, BIKEANDROLL is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of BIKEANDROLL’S or any third party’s intellectual property rights.
SUBMISSION OF INFORMATION
BIKEANDROLL does not guarantee the security of any information transmitted to or from the Site. You understand and agree to assume the security risk for any information you provide using the Site.
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
PARTICIPATION IN PROMOTIONS AND OTHER SITE ACTIVITIES
If you choose to participate in a promotion or other BIKEANDROLL-sponsored activity (“Website Activity”), you agree to comply with any rules or regulations governing such Website Activity. Additionally, as a condition of your continued participation in the Website Activity, you agree not to: 1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website Activity; 5) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; 8) upload, post, email, transmit or otherwise make available any material that contains software viruses 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; 9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) “stalk” or otherwise harass another person or entity; or 11) collect or store personal data about other users. You agree that violation of any of the foregoing will result in your immediate disqualification from participant in the Website Activity, and may result in additional legal actions being taken by BIKEANDROLL.
LINKS TO THIRD PARTY WEB SITES
This Site may provide links to other third-party World Wide Web sites or resources. BIKEANDROLL makes no representations whatsoever about any other Web site which you may access through this Site. Because BIKEANDROLL has no control over such sites and resources, you acknowledge and agree that BIKEANDROLL is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. BIKEANDROLL makes no representation or warranty as to any third party Content, products or services, and you agree that BIKEANDROLL 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 third-party Content, products or services available on or through any such site or resource.
Notices to you may be made via either e-mail or regular mail. BIKEANDROLL may also provide notices of changes to the Terms & Conditions or other matters by displaying notices or links to notices to you generally on the Site.
DISCLAIMER OF WARRANTY
BIKEANDROLL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, BIKEANDROLL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIKEANDROLL SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
LIMITATION OF LIABILITY
BIKEANDROLL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF BIKEANDROLL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, BIKEANDROLL’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.
BIKEANDROLL may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that BIKEANDROLL shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. BIKEANDROLL may at any time revise these Web Site Terms & Conditions by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Web Site Terms & Conditions to which you are bound.
You agree that BIKEANDROLL, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that BIKEANDROLL believes you have violated or acted inconsistently with the letter or spirit of these Terms & Conditions, or the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Site.
The Terms & Conditions constitute the entire agreement between you and BIKEANDROLL and govern your use of the Site, superceding any prior agreements between you and BIKEANDROLL relating to your use of this site. You may also be subject to additional terms and conditions that may apply when you use purchase products or services, participate in a sweepstakes, contest or other promotion, participate in a BIKEANDROLL-sponsored Developer Program or service, or use or download software. If any provision of these Web Site Terms & Conditions is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms & Conditions. The failure of BIKEANDROLL to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. By accessing the Site you agree that the statutes and laws of the United States and the state of New York, USA without regard to conflicts of laws principles, will apply to all matters relating to use of the site, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in New York, USA. You 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 Site, or the Terms & Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms & Conditions are for convenience only and have no legal or contractual effect.
Please report any violations of these Terms & Conditions to BIKEANDROLL on our Contact page.