Terms and Conditions of Use
THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (“Terms”) governs your use of our web sites (“web sites”). bikepirate owns and operates our web site and these Terms apply thereto. It is vitally important that you read the Terms carefully, as your use of our web site will automatically constitute your agreement to be legally bound by the Terms set out herein. These Terms also govern your use of the Services provided through or in connection with our web site (“Services”). Each time you use our Services, you acknowledge that you have read these Terms and agree to be legally bound by them.
Our business name is bikepirate (hereafter “bikepirate” or “Company”). We are the owner of the web site, www.bikepirate.com.
If you do not agree to be bound by these Terms, you may not use the web site or the Services provided by bikepirate.
The following words used in these Terms shall have the following meanings:
1. “Personal Information” shall mean all data and/or information provided by and about User, including e-mail address(es), name, address, credit card, or other payment information, etc.;
2. “bikepirate web site” shall mean the web site on which bikepirate provides products and/or Services.
3. “bikepirate Member or User” shall mean all Users of the bikepirate web site and its Services.
4. “bikepirate Services” shall mean all products and/or Services provided directly by bikepirate.
5. “3rd–Parties” include all advertisers, partners and affiliate vendors that are included on the bikepirate web site.
Users can access these Terms by clicking on the “Terms” link that appears on the bikepirate web site “Homepage” and by reading it on their computer monitor, printing it out, downloading it and/or saving it at any time, even after the Terms have been closed.
A. bikepirate and our web site, www.bikepirate.com, have published these Terms as part of our overall effort to provide high quality, reliable services to our Users. We strive to protect your privacy and security of our systems and networks. We also encourage responsible use of Bike Pirate’s, and other ISPs’ resources, and that we are both in compliance with applicable laws.
B. These Terms describe the types of uses of the bikepirate web site. It also describes prohibited activities, which are contrary to our objectives and which are, therefore, not allowed. To achieve our objectives, bikepirate may, in its sole discretion, determine whether a particular use of the bikepirate web site is a violation of these Terms. When we become aware of a violation of these Terms, we may take any action we deem appropriate to address the violation, as referenced below.
C. These Terms are being implemented for all Users of the bikepirate web site and Services. These Terms supplement, but do not supersede, any contracts Users may have with bikepirate; if such a contract restricts a use of the bikepirate web site that is not addressed in these Terms, the contract will govern with respect to such use.
D. OUR MISSION AND DESCRIPTION – Through our web site, we provide Users with access to a variety of resources, including download areas, communication services, User Feedback and related biking information. The Services, including any updates, enhancements, new features, and/or the addition of any new web site properties, are subject to these Terms, as may be amended from time to time.
1. bikepirate is a biking community information service, where various content can be exchanged between those who provide content to the bikepirate web site and those who wish to have access to such content. While bikepirate has made reasonable efforts to correctly categorize and keyword the content, there is no warranty as to the accuracy of such information.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by 3rd-parties, including service providers, Users or any other user of the bikepirate web site, are those of the respective 3rd-parties or Users and not bikepirate. Neither bikepirate nor any 3rd-party or other User guarantees the accuracy, completeness, or usefulness of any content, product or item nor its merchantability or fitness for any particular purpose.
2. bikepirate neither endorses, nor is responsible for, the accuracy or reliability of any opinion, advice or statement made on the bikepirate web site by anyone other than an authorized bikepirate employee or spokesperson, while acting in their official capacities. Under no circumstances will bikepirate be liable for any loss or damage caused by a User’s reliance on information obtained through the bikepirate web site. It is the responsibility of a User to evaluate the accuracy, reliability and completeness or usefulness of any information, opinion, advice or other content available from or through the bikepirate web site.
Please seek the advice of independent sources, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
E. USER ACCOUNT, PASSWORD AND SECURITY – If any of the Services on our web sites require User to register or open an account, User must complete the registration process by providing bikepirate with current, complete and accurate information as prompted by the applicable registration form. User also will receive a password and choose a User name. After registering, you will receive an Activation E-mail that will contain a link to go to, in order to activate your Account. User is entirely responsible for maintaining the confidentiality of any password and account information.
User is entirely responsible for any and all activities that occur under its account. User agrees to notify bikepirate immediately of any unauthorized use of their account or any other breach of security. bikepirate will not be liable for any loss that may incur as a result of someone else using User’s password or account, either with or without his or her knowledge. However, User could be held liable for losses incurred by bikepirate or another party due to someone else using their account or password. User may not use anyone else’s account at any time, without the written permission of the account holder.
F. USER Benefits –User benefits are explained in more detail on our web site.
H. bikepirate administers this web site from our offices in the Province of Alberta, Canada. We make no representation that our content, products or other services available on our web site are appropriate or available for use outside Canada. If you choose to access our web sites from outside Canada, you do so on your own initiative and are responsible for compliance with applicable local laws.
II. Revisions to this Policy
From time to time, we will make changes to these Terms and we reserve the right to modify these Terms at any time. If we make any changes to these Terms, we will provide a notice on our “Home Page”, although such notice is not required. Regardless of whether we notify you, we urge you to check this page frequently for updates or changes, since your continuing use of the bikepirate web site and Services is your explicit continuing acceptance of our Terms and any modifications thereto.
III. Obligations of User
A. Use of the bikepirate web site as described below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
1. Illegal/Criminal Activity – The bikepirate web site may not be used in connection with criminal or civil violations of state, provincial, federal, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.
2. Security Violations – The bikepirate web site may not be used in connection with attempts—whether successful or not—to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.
User is responsible for maintaining the basic security of its computer system and to prevent its use by others in a manner that violates these Terms. Examples include: improperly securing a mail server so others can use it to distribute spam; improperly securing an FTP server so that it may be used by others to illegally distribute licensed software or media content. User is responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.
3. Threats – The bikepirate web site may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation.
4. Offensive Materials – The bikepirate web site may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials. Further, Users agree to adhere to the following requirements:
a. Comply with all laws, ordinances, statutes and applicable legislation and to respect all 3rd-party rights. In particular, User shall not:
i. Use or post any insulting or defamatory words, music, symbols, photographs or other similar content, regardless of whether said contents are directed at another User or bikepirate personnel or other companies individuals;
ii. Use or post any pornographic materials or any content that violates any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors;
iii. Unreasonably annoy (particularly with SPAM) any other User;
iv. Use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law;
v. Use, post or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, Ponzi schemes, illegal multi-level selling or pyramid sales).
vi. Engage in any of the following annoying actions, even if they do not constitute a breach of any applicable laws or ordinances:
1. Sending chain letters;
2. Sending identical messages to more than one (1) User at the same time;
3. Performing, posting, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing); or
4. Communicating in any insinuating, discriminatory or sexually abusive way (suggestive, implicit or explicit).
b. You may not provide, post or otherwise distribute, User content that:
i. Contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
ii. Is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any 3rd-party, is unreasonably harmful or offensive to any individual or community;
iii. Violates any right of bikepirate or any 3rd-party;
iv. Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law or moral standards;
v. Violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;
vi. Interferes with any User’s uninterrupted use of the bikepirate website;
vii. Advertises, promotes or offers to trade any goods or services;
viii. Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;
ix. Disrupts, interferes with, or otherwise harms or violates the security of the bikepirate web site or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the bikepirate web site;
x. “Flames” any individual or entity (e.g. sends repeated messages related to another User and/or makes derogatory or offensive comments about another User or individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY bikepirate.
c. User is further prohibited from the following activities:
i. Employing any mechanisms, software or scripts when using the bikepirate web site. However, the User may use the interfaces or software provided by bikepirate within the scope of the Services available on our web site and in accordance with these Terms;
ii. Blocking, overwriting, modifying and copying of any content of the bikepirate web site. For example, the use of the “Robot/Crawler” search engine technology is not required for proper use of our web site or Services, and is therefore prohibited;
iii. Distributing or publicly disclosing the contents of our web site or any of their terms, without written permission from bikepirate; or
iv. Performing any actions that may impair the operability of the bikepirate web site infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software
5. Spam – Spam is an unacceptable use of the bikepirate web site. Spam includes any of the following activities:
a. Posting a single message or messages similar in content, to more than five (5) online forums or newsgroups and posting messages to online forums or newsgroups that violate their rules.
b. Collecting responses from unsolicited e-mail.
c. Sending any unsolicited e-mail that could be expected, in bikepirate’s opinion, to provoke complaints.
d. Sending e-mail with charity requests, petitions for signatures, or any chainmail-related materials.
e. Sending bulk e-mail without identifying in the e-mail a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail. NOTE: The inclusion of an opt-out clause does not necessarily legitimize sending unsolicited e-mail.
f. Sending e-mail that does not accurately identify the sender, the sender’s return address, and the e-mail address of origin.
6. Indirect Access – A violation of these Terms by someone having only indirect access to the bikepirate web site through a User, will be considered a violation, whether or not with User’s knowledge or consent.
7. In addition, these policies apply to any email or content transmitted by User, or on your behalf, that uses a bikepirate account as a mailbox for responses or promotes content, hosted or transmitted, using bikepirate facilities, or that indicates, in any way, that bikepirate was involved in the transmission of such email or content.
B. The resale of bikepirate products and Services is not permitted, unless expressly permitted by these Terms or in a separate written agreement.
C. Violations of these Terms may result in immediate suspension or termination of your account and our services to you, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by bikepirate, in its sole discretion.
D. When feasible, it is bikepirate’s preference to give notice so that violations may be addressed voluntarily, however, we reserve the right to act without notice, when necessary, as determined by bikepirate, in its sole discretion. bikepirate may involve, and will cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of these Terms.
IV. Uses and Other Policies
A. When using our services, User warrants and represents that all of the data provided by you is accurate and complete. User shall report any modifications in the data to the bikepirate web site, immediately, upon any changes occurring.
B. User shall not be allowed to have multiple accounts. You may only establish one (1) User account. If bikepirate finds that User has established more than one (1) account, use of our Services may be suspended or terminated, subject to the sole discretion of bikepirate.
C. User may download or print a single copy of any portion of the content solely for personal, non-commercial use, provided they do not remove any trademark, copyright or other notice from such content.
D. User may not post, distribute or republish in any way, any portion of the bikepirate web site content to any Internet, Intranet or Extranet web sites or incorporate the content in any database, compilation, archive or cache, except as expressly allowed in these Terms.
E. User may not distribute any of the bikepirate web site content to others, whether or not for payment or other consideration and may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the content except as expressly allowed in these Terms.
F. User may not copy any of the bikepirate web site content without written permission from us or as permitted by these Terms. User agrees not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the bikepirate web site. User may not insert any code or product or manipulate the content of the bikepirate web site, in any way that affects the User experience, and further, may not use any data mining, data gathering or extraction method on the bikepirate web site.
G. Requests to use bikepirate content for any purpose other than as permitted in these Terms shall be directed to bikepirate at: email@example.com.
H. bikepirate shall not be liable for User interactions with any 3rd-parties, businesses and/or individuals found on the bikepirate web site or through the Services provided. This includes, but is not limited to, payment and delivery of Services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between User and such 3rd-parties, businesses and/or individuals. User understands and agrees that bikepirate is not responsible for any damage or loss incurred as a result of any such dealings. bikepirate is under no obligation to become involved in disputes between Users of our web site, or between Users on our web site and any 3rd-party. In the event of a dispute, User agrees to release bikepirate, its officers, employees, agents and successors in rights, from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service. See additional General Disclaimers and Limitations of Liability located in paragraph V of these Terms.
V. General Disclaimers and Limitations of Liability
A. While bikepirate uses reasonable efforts to include accurate and up-to-date information, bikepirate specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on the bikepirate web site, either now operating or created in the future. bikepirate disclaims any responsibility or liability for the deletion, failure to store, miss-delivery, or untimely delivery of any information or material. bikepirate disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the bikepirate web site.
B. bikepirate WEB SITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE bikepirate WEB SITE, ARE PROVIDED “AS IS,” WITH NO WARRANTIES EXPRESSED OR IMPLIED. bikepirate EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. bikepirate DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE bikepirate WEB SITE. bikepirate DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE bikepirate WEB SITE. bikepirate DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE bikepirate WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE bikepirate WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO THE bikepirate WEB SITE.
C. USERS UNDERSTAND AND AGREE THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE bikepirate WEB SITE AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
E. bikepirate AND ITS WEB SITE ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd-PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER COMPUTER EQUIPMENT OR OTHER PROPERTY.
F. UNDER NO CIRCUMSTANCES SHALL bikepirate BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF, OR RELIANCE ON, THE bikepirate WEB SITE, ARISING FROM ANY CLAIM RELATING TO THESE TERMS OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND/OR PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF bikepirate HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE bikepirate WEB SITE, FROM INABILITY TO USE THE bikepirate WEB SITE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE bikepirate WEB SITE (INCLUDING SUCH DAMAGES INCURRED BY 3RD-PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH, OR ADVERTISED ON, THE bikepirate WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE bikepirate WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE bikepirate WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE bikepirate WEB SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE bikepirate WEB SITE OR ANY INFORMATION, SERVICE OR CONTENT THAT APPEARS ON OR IS LINKED OR RELATED IN ANY WAY TO THE bikepirate WEB SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
G. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY. PLEASE CHECK WITH YOUR JURISDICTION.
H. bikepirate does not make any warranties or representations regarding any data, service and/or information provided or made available by any User on any of the bikepirate web site or on any external web sites linked to them. In particular, bikepirate does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.
I. User may report the activities of any other User that violates applicable laws and/or any of the Terms stated herein (including the use of pseudonyms or fictitious names) by sending an email to Customer Service at firstname.lastname@example.org.
J. Without limiting the foregoing, under no circumstances shall bikepirate be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.
User agrees to indemnify, defend and hold harmless bikepirate, its web site and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding:
1. User’s use of the bikepirate web site;
2. bikepirate’s use of any User content or information, as long as such use is not inconsistent with these Terms;
3. Information or material provided through User’s IP address, even if not posted by User; or
4. Any violation of these Terms by User.
VII. Errors in Advertisements
On occasion, a product or service offered by advertisers on bikepirate web site may not be available at the time or at the price listed. In such event, or in the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of availability, or error in pricing or product or service information received from our advertisers or other User, User agrees that bikepirate is not responsible for such errors or discrepancies and that User’s only course of action is to contact the appropriate advertiser or other User.
A. bikepirate respects the intellectual property of others and requires that our Users do the same. Our trademark is bikepirate.com. We expect that no User will infringe on our trademark, as well as any of our copyrighted material and we will do whatever is necessary to protect all trademarks and copyrights.
B. The bikepirate web site contains copyrighted material, trademarks and other proprietary information, including, but not limited to text, software, photos, video, graphics, music and sound and the entire content of the web site is copyrighted as a collective work under Canadian and International copyright laws. bikepirate owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User 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. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of bikepirate and the copyright owner. Elements of the web site are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
C. In accordance with Canadian and International law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by email, to email@example.com or by Canada Post, to:
bikepirate: 27-100 Rundle Drive, Canmore, Alberta, T1W 0B5 Canada
IX. Additional Terms
A. If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. User agrees to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of bikepirate.
B. These Terms and the contractual relationship it creates, shall be governed by the laws of the Province of Alberta, without giving effect to any principles of conflicts of laws.
X. Discontinuation of Service and Force Majeure
A. bikepirate may modify, suspend, discontinue or restrict the use of any portion of the bikepirate web site, including the availability of any portion of the content at any time, without notice or liability.
B. bikepirate may deny access to any User, at any time, and for any reason. In addition, bikepirate may, at any time, transfer rights and obligations under these Terms to any current or future bikepirate subsidiary or business unit, or any companies or divisions or any entity that acquires bikepirate or any of its assets.
C. User acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of the bikepirate, or any other, web site. bikepirate shall, nonetheless, endeavour to keep its web site available without interruption. Events related to maintenance, security or capacity requirements and/or events beyond our control (e.g. disruptions in communication networks, power failures, equipment failure, etc.), may result in brief disruption or temporary interruption of the services provided.
XI. Data Protection
A. bikepirate recognizes that any data provided by User to us is extremely important and we shall, therefore, be particularly sensitive in handling such data.
B. Users are advised that there are inherent security risks in transmitting data, such as emails, credit card or personal information, via the Internet, because it is impossible to safeguard completely against unauthorized access by 3rd-parties. Nevertheless, bikepirate shall do what is reasonable to safeguard your data, subject to this cautionary limitation.
C. In particular, personal information will be transmitted via the Internet only if it does not infringe upon 3rd-party rights, unless the respective party has given prior consent in view of such security risks.
XII. Right To Content Use
A. When User posts content or contributions to the bikepirate web site, User grants bikepirate a limited, revocable, nonexclusive and non-assignable right of use for the respective content or contribution that bikepirate is entitled to utilize for any purpose allowed by these Terms. In particular, bikepirate is entitled to use said content or contribution posted by User for marketing or in any other way. bikepirate may use User content or contributions in any form, format, or medium of any kind now known or later developed.
Although User grants bikepirate a license, as stated above, WE DO NOT OWN USER CONTENT. This license grants us certain rights and also proscribes limitations of what we may do and not do with the content, more fully described as follows:
- bikepirate may not sell or give away User content as permanent downloads or physical copies, alone or in a compilation;
- bikepirate may not continue exercising the license after User provides us with a request for termination, as described below;
- bikepirate may not use, license or sub-license another party to use User content outside of the bikepirate web site;
- bikepirate may let other parties exercise these rights on the bikepirate web site, which permits the license to become sub-licensed;
- bikepirate may exercise these rights without paying User any remuneration, royalties or other fees, whatsoever;
- bikepirate may exercise these rights throughout the bikepirate web site, worldwide;
- User may grant similar licenses to others;
- User may terminate the license at any time by following the steps described below:
- To request deletion of User content, User must send an e-mail to Customer Service at firstname.lastname@example.org, stating the e-mail address associated with the particular content you wish to delete, along with the words “Delete User Content” in the subject line. Please note that if User subsequently places the same or similar content on the bikepirate web site, this deletion notice will become null and void.
B. bikepirate grants a right of use over all User-posted content or contributions to its web site to other Users. Copying, downloading, disseminating, distributing and storing of the contents of the bikepirate web site is, with the exception of the cache memory when searching for bikepirate web pages, prohibited, without bikepirate’s express written consent.
C. All information, content, services and software displayed on, transmitted through or used in connection with the bikepirate web site, with the exception of User content as defined herein, including for example, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like, as well as its selection and arrangement, is owned by bikepirate, except for those items that are copyrighted and/or owned by their respective businesses or individuals.
D. User also grants bikepirate the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication User provides or otherwise submits for any purpose whatsoever, including but not limited to, commercial purposes and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation or remuneration of any type to User.
E. Without limiting the generality of the previous paragraphs, User authorizes bikepirate to share User-posted content across all web site(s), to include User content in a searchable format accessible by other Users of the bikepirate web site, now in use or later developed, to place advertisements in close proximity to such User content, and to use User’s name, likeness and any other information in connection with bikepirate’s use of the material User provides.
F. Prohibited uses do not include any other use that bikepirate expressly authorizes in writing.
G. Content on the bikepirate web site includes a combination of content that we create, that our advertisers, affiliates, partners or our Users create. All materials published on our web site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our advertisers, affiliates or partners. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our web site, in whole or in part.
H. bikepirate does not guarantee the accuracy, integrity or quality of the posted content on our web site and User may not rely on any of this posted content. Without limitation, bikepirate is not responsible for postings by Users in the User opinion, message board, and forum or feedback sections of our web site.
I. UNSOLICITED IDEA SUBMISSION POLICY – bikepirate AND ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND US ANY ORIGINAL SAMPLES, DEMOS OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDING OR DISPUTES WHEN bikepirate’s SERVICES OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO US BY OTHERS. WE ASK THAT YOU DO NOT SEND YOUR UNSOLICITED IDEAS TO bikepirate OR ANYONE AT bikepirate. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT bikepirate MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
XIII. Statute of Limitations
User agrees to file any claim regarding any aspect of this web site or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or you agree to waive such claim. User also agrees that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than the Province of Alberta courts.
XIV. Section Titles
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
XV. Incident Reporting
Any complaints regarding violations of these Terms by a bikepirate User should be directed to Customer Service at email@example.com. Where possible, include details that would assist bikepirate in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
XVI. Contact Information
Please contact bikepirate Customer Service by sending an email to firstname.lastname@example.org. You may also send mail, via Canada Post, to us at:
bikepirate: 27-100 Rundle Drive, Alberta, Canmore, T1W 0B5 Canada
A. bikepirate regularly sends out a newsletter and/or other informational emails (collectively referred to as “Newsletters”) to all Users who sign up. In these Newsletters, we may inform you about new services, updates, features, products or special offers or events.
B. User may choose to unsubscribe from the Newsletter at any time by sending an email to us at email@example.com.
XVIII. Effective Date
THESE TERMS AND CONDITIONS OF USE WERE LAST UPDATED AND BECAME EFFECTIVE ON MAY 2, 2011.