BikeRide Terms of Use

Last Modified: October 30, 2019

These Terms of Use is a legally bound document governing your access and use of the social media platform for cyclists and bicycle enthusiasts BikeRide located at www.bikeride.com. Our online community enable you to post and access content related to upcoming cycling events, cycling products sold and offered for sale by others, as well as commutate and share your insight, knowledge and expertise among the community of Members. We strive to make your user experience better by providing high-quality website features and services to you. We provide those features and services subject to the following term and conditions:

Acceptance of Terms of Use

These Terms of Use are entered into by and between You and Portner Media Limited, a Maltese company operating BikeRide (“Company”, “we”, or “us”). The following terms and conditions (the “Terms of Use”) govern your access to and use of www.bikeride.com (the “Website”), including any content, functionality, and service offered on or through the Website, whether as a guest or a registered user (“Member”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website as a guest or by clicking to accept or agree to the Terms of Use when this option is made available to you at the registration of your Member account as well as by further use of the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

This Website is offered and available to users who are 16 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. In a case of material change bearing on your rights as a Member, we will endeavor to notify you about such a change by e-mail but we cannot and will not guarantee that.

Any change to these Terms of Use apply to all access to and use of the Website after the effective date of the change or your receiving of the e-mail notification if such notification has been sent to you. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently enough to be aware of any changes, as they are binding on you.

Access to Website

Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, non-assignable license to access and make personal use of the Website, including Interactive Features. You may need your own Member account, and you may be required to be logged in to the account, to use certain features and services on the Website. Whether or not you are a Member, you are responsible for making all arrangements necessary for you to have access to the Website.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, including User Contributions, in our sole discretion without notice. We will not be liable to anyone if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including Members; in such a case, we will not be liable for any damage resulting from such a restriction.

We have the right to disable any profile name, password, or other identifier, whether chosen by you as a Member or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, we believe that you have violated any provision of these Terms of Use.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Affiliate Disclosures

BikeRide takes part in the Amazon Services LLC Associates Program. As an Amazon Associate I earn from qualifying purchases.

BikeRide is a participant in the Active Affiliate Program, an affiliate advertising program designed to provide a means for sites to earn fees by advertising and linking to Active.com.

When you click on links to various merchants on this site and make a purchase, this can result in this site earning a commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network.

Member Accounts

To become a Member, you will need to set up your own account on the Website. During the registration process, you will be asked to provide certain registration details, such as e-mail and profile name which will be used for your identification on the Website as between you and us. You profile name will also serve as your identification by other Members. In addition, upon registration and any time later, you will have an opportunity to provide optional information, such as date of birth and bio, as well as to upload a picture that would serve as your avatar which information, pursuant to privacy settings, may be seen by other Members.

It is a condition of your use of the Website that both the registration data and optional information you provide on the profile are correct, current, complete, as long as factual and/or material information is involved, and do not misrepresent your identity as an identity of another natural person or any endorsement or affiliation with another person or entity, or otherwise infringe upon another’s rights and interests. For avoidance of doubt, use of a fictional identity is permitted so long as it does not misrepresent identity of another, mislead anyone, violate the law or otherwise infringe upon another’s rights and interests.

You agree that all personally identifiable information / personal data you provide to register with and use this Website or otherwise, including but not limited to through the use of any Interactive Features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Account Security

If you choose to become a Member, or are provided with a temporary profile name and/or password, or any other piece of information as part of our security procedures, you must treat any log-in information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your profile name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your profile name or password or any other breach of security of your account. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin and event boards, product specifications, reviews and evaluations, feedbacks, comments, articles, notes, as well as other informational and interactive features (collectively, “Interactive Features”) that allow users, including Experts, to post, submit, publish, display, access, comment on, evaluate or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Website. In most cases, such Interactive Features would be only allowed to Members and visible and otherwise accessible by Members only.

All User Contributions must comply with the Content Standards set out in these Terms of Use below. When posting, publishing or otherwise actively sharing information via the Interactive Features, you represent and warrant that:

  • You own or control all rights, including copyright, trade secret and other proprietary rights, in and to your User Contributions or any information contained therein and have the right to grant the license to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, for the publication and other use of that information on the Website;
  • You do not knowingly, intentionally or negligently misrepresent facts relating to products and/or events featured and/or posted on the Website, such as when adding information about a new cycling event or leaving a feedback about a product;
  • All of your User Contributions do and will otherwise comply with these Terms of Use during all the terms within which such Contributions are available on the Website.

You understand and acknowledge that you are responsible for any of your User Contributions, including those made as an Expert, you submit or contribute to the Website. It is you, not the Company, who has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Expert Contributions

From time to time, we will be publishing articles, notes, product reviews, feedbacks, comments and other information from Members who have special knowledge and expertise in certain activities and experience with certain products (“Experts”) relating to certain topic or question of particular interest for the Website community (collectively, “Expert Contributions”). In all respects, such Expert Contributions are treated as any other User Contributions for purposes of compliance with these Terms of Use, including, but not limited to, with respect to the license terms as set out in these Terms of Use.

To become an Expert, you can reach out to us by e-mail directed to contact@bikeride.com and provide us with you full name and information about your background and expertise making you particularly knowledgeable in the field, together with general outline of a proposed article, note, review or feedback that you would like to be featured on the Website as Expert Contribution or in a similar way.

In case we decide in our sole discretion to post or otherwise publish your contribution on the Website, we will do so solely subject to your warranty and representation that you are acting based on only your personal knowledge, belief, and expertise, and in no way with a view of any or in consideration for any pecuniary benefit from anyone, such as from certain manufacturers and/or distributors.

Paid Services

We do not generally sell or offer to sell any services on the Website. However, we reserve the right to offer some services for a fee. Such services will ordinarily be collateral to the main purpose of the Website, such as posting Featured Events in the Events section of the Website. Those purchases are accompanied by their own Terms of Sale. In the lack of such a document, customary rules of the industry, as well as terms and conditioned published on the page of order on the Website, apply to such purchases.

Intellectual Property Rights in the Website

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by the applicable copyright, trademark, trade secret, patent and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, including User Contributions, except as permitted by the law, such as under the rules of fair use or use necessary for lawful access to the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website unless such service is a paid service and you have fully paid for it.

The Company name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Copyright and License of User Contributions

Any User Contributions, including ones made by Experts, will be considered non-confidential and non-proprietary information. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, publish, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose according to your account settings or, in the case of User Contribution by a non-Member, in any way not prohibited by the law. That licensee shall be irrevocable and perpetual. At all times during the term of that license, we can transfer the license to any other party which may become a new operator of the Website.

We will do our best to ensure, but we cannot and will not guarantee, that all material published on our website complies with applicable copyright and trademark laws. It is the policy of the Company to terminate Members’ accounts of repeat or gross infringers as well as to delete non-compliant material without any previous notice from anyone. We reserve the right to investigate cases of non-compliance with these Terms of Use and for this reason to request additional information from parties involved.

If you believe that any material published, displayed, or otherwise used on or by the Website, whether or not as part of User Contribution, infringes upon your copyright, please send us a notice of copyright infringement by e-mail directed to contact@bikeride.com. Please, note that if the notice of infringement, as well as its administration by us, is or shall be governed by the U.S. federal law, specifically the Digital Millennium Copyright Act (DMCA), or the European Union law, specifically Electronic Commerce Directive 2000/31/EC, such a notice must comply with certain formalities prescribed by the law in order to be properly administered and complied with by us.

Products of Others

The Website may contain information about products relating to the general theme of the Website, such bicycles and cycling equipment, manufactured and distributed by others, including the product descriptions, technical specifications, commercial labels, trademarks, source of distribution, price listings on various online stores, pictures, etc. We post that information for the purpose to provide the Website community with an opportunity to comment on, review, and peer evaluate the products via certain Interactive Features. Most of Interactive Features relating to the products will be accessible to Members only.

All trademarks not owned by us or our licensors that appear on the Website with respect to the products of others are the property of their respective owners, who are not affiliated with, connected to, or sponsored by us. We attempt to be as accurate as possible. However, we do not warrant that product descriptions and other information pertaining to the products are accurate, complete, reliable, current, or error-free.

In all cases, any use of trademarks, trade dress and other proprietary information of others relating to the products on the Website is made only for the purposes of nominative and/or fair use, such as for purposes of review of a product. If you believe, that information about a particular product published on the Website is false or misleading, or is otherwise infringing on your rights and interests as a manufacturer, distributor, or another valid trademark holder or licensor of the product’s mark, please send us a notice by e-mail directed to contact@bikeride.com. Please, note, however, that we reserve the right to keep the information published if we reasonably believe that we have a legal or contractual right to do so.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable law or regulation;
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use;
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity including, without limitation, by using email addresses or profile names associated with any of the foregoing;
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
  • Use any device, software, or routine that interferes with the proper functioning of the Website;
  • Introduce any viruses, Trojans, worms, or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
  • Otherwise attempt to interfere with the proper functioning of the Website.

Enforcement and Termination

At all times, we will have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company;
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, subject to limitations set out by the law, including by the EU General Data Protection Regulation;
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website;
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and will not review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user, including Member, or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act;
  • Cause annoyance, inconvenience, or be likely to upset, embarrass, alarm, or annoy any other person;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, such as User Contributions. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. THE FOREGOING DOES NOT AFFECT ANY RULES OF APPLICABLE STATUE OF LIMITATIONS THAT CANNOT BE EXCLUDED OR LIMITED BY CONTRACT.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use constitute the sole and entire agreement between You and Portner Media Limited regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by Portner Media Limited, located at:

Ground Floor, Palace Court
Church Street
St. Julians
STJ 3049
Malta

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed by e-mail to: contact@bikeride.com.