SoCalMtB

Terms Of Use Agreement

This Agreement sets forth the terms and conditions which apply to the use by you of the MyBikeSite.com interactive online services within the MyBikeSite.com Sites (as defined below). The right to use any product or service offered by MyBikeSite.com and WebWorks2.com is personal to you and is not transferable to any other person or entity.

Definitions

The "MyBikeSite.com Sites" shall mean all areas and services offered or available on the Community Areas of the MyBikeSite.com & SoCalMtB.com Websites. The term "Community Areas" means the message boards, guest book and other user interactive areas on the MyBikeSite.com Sites. The term "MyBikeSite.com" shall include the following Companies, Organizations, and or all Persons within said groups. MyBikeSite.com, SoCalMtB.com, Scarey WebWorks2.com

General

MyBikeSite.com Sites and WebWorks2.com shall have the right at any time to change or discontinue any aspect or feature of the MyBikeSite.com Sites including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Community Areas a revised version of this Agreement or notification by electronic mail. Any use by you of the Community Areas after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.

Terms of Use of the MyBikeSite.com Sites and the Community Areas

The Community Areas shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in MyBikeSite.com's judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may be posted on or transmitted through the Community Areas but only with MyBikeSite.com's express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by MyBikeSite.com.

The MyBikeSite.com Sites and the Community Areas may contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound. The entire contents of the MyBikeSite.com Sites are copyrighted as a collective work under the United States copyright laws. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the MyBikeSite.com Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the MyBikeSite.com Sites without the express permission of MyBikeSite.com and the copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the MyBikeSite.com Sites shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media. MyBikeSite.com will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.

You shall not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.

You hereby grant to MyBikeSite.com and their respective affiliates worldwide, royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas and/or any e-mail sent by you to MyBikeSite.com (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.

You may not (i)select or use a member name or e-mail address of another person with the intention of impersonating that person. (ii)use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that MyBikeSite.com considers to be offensive.

You shall provide MyBikeSite.com with accurate, complete and updated information provided by you at the time of registration.

The MyBikeSite.com Sites contain links to other web sites, resources and advertisers. MyBikeSite.com is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall MyBikeSite.com be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external Sites. You should direct any concerns to such external site's administrator or webmaster.

You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the MyBikeSite.com Sites and Community Areas and all charges related thereto.

Monitoring

MyBikeSite.com shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by MyBikeSite.com from time to time. MyBikeSite.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas. Without limiting the foregoing, MyBikeSite.com shall have the right, but not the obligation, to remove any material that MyBikeSite.com, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of MyBikeSite.com, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither MyBikeSite.com nor any of its affiliates shall assume or have any liability for any action or inaction by MyBikeSite.com with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.

Disclaimer of Warranty; Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THE COMMUNITY AREAS AND THE MYBIKESITE.COM SITES IS AT YOUR SOLE RISK. NEITHER MYBIKESITE.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE MYBIKESITE.COM SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MYBIKESITE.COM SITES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES OR THE COMMUNITY AREAS.

MYBIKESITE.COM DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE MYBIKESITE.COM SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Indemnification

You agree to defend, indemnify and hold harmless MyBikeSite.com, 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 by you of the MyBikeSite.com Sites and/or the Community Areas.

Termination

MyBikeSite.com shall have the right to immediately terminate this Agreement with respect to any user which MyBikeSite.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections Indemnification, Disclaimer of Warranty and Terms of Use shall survive termination of this Agreement.

Trademarks

All trademarks appearing on the MyBikeSite.com Sites are the property of their respective owners, including, in some instances, MyBikeSite.com.

Privacy

The MyBikeSite.com Sites collects no personally identifying information about you except when specifically and knowingly provided by you. An user's personally identifying information will not be transferred to any other party unless otherwise stated at the time of collection.

The MyBikeSite.com Sites place a "cookie" in the browser files of your computer. The cookie itself does not contain any personally identifying information. Although the cookie could enable MyBikeSite.com to relate your use of the MyBikeSite.com Sites to information that you have specifically and knowingly provided.

You should be aware that when you voluntarily disclose personal information (e.g., user name, e-mail address) on the Community Areas, that information can be collected and used by others and may result in unsolicited messages from other posters or parties.

Miscellaneous

This Agreement and any operating rules for the MyBikeSite.com Sites and the Community Areas established by MyBikeSite.com 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. This Agreement shall be construed in accordance with the laws of the State of 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.


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