Recumbent
Riders International
Terms of Service Agreement
General
The Recumbent Riders International web service at www.RecumbentRiders.org (ÒRRIÓ) is a
bulletin board that contains material that is derived in part from its users
and other sources. You may not
modify, copy, reproduce, republish, upload, post, transmit or distribute in any
way any material from RRI, including code and/or software. You may download
material from RRI for your personal, non-commercial use only, provided you keep
intact all copyright and other proprietary notices.
As part of our Service, RRI agrees to provide you with information and
other computer services subject to these Terms of Service. You agree to use our
service in accordance with these Terms. Because the Web is an evolving medium,
we may need to change these Terms of Service from time to time, in which case
we will post the revised Terms of Service on the website. By continuing to use
RRI after we post any such changes, you accept the Terms of Service, as
modified.
License to RRI
When you post a message, upload a file, or otherwise provide us with
material for display on the website, you are granting RRI a royalty-free,
perpetual, non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, publicly
perform or display any such communication.
2. Sublicense to third parties the unrestricted right to exercise any of
the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit
any proprietary rights in such communication, including but not limited to
rights under copyright, trademark, service mark or patent laws under any
relevant jurisdiction.
Privacy
Unless the user informs us otherwise, RRI reserves the right to use and
disclose to other registered RRI users some of their account information (e.g.,
user name and e-mail address) for purposes such as providing users with contact
information to establish private communications. If the user does not wish to
be included in such uses, the user must configure their User Privacy Settings
settings accordingly.
In addition, please keep in mind that whenever you voluntarily disclose
personal information online, for example on message boards, through e-mail, or
in chat areas, that information can be collected and used by others.
We use ÒcookiesÓ in a limited way to help identify unique browsers that
visit us and to track usage throughout our site. Some of our business
affiliates use Òcookies,Ó which can be used to tell when your computer has
contacted a Web site. Because we do not control the privacy policies of our
business affiliates or any other sites to which we may provide hyperlinks, you
should check the privacy policy of the site you are visiting if you have any
concerns about that siteÕs use of cookies.
ChildrenÕs Privacy Statement for RRI
This childrenÕs privacy statement explains our practices with respect to
the online collection and use of personal information from children under the
age of thirteen, and provides important information on your rights under
federal law with respect to such information.
We do NOT knowingly collect personally identifiable
information from children under the age of thirteen without their parental
consent. We screen all users who wish to provide personal data in order to
prevent users under the age of thirteen from providing such information. If we
become aware that we have inadvertently received personally identifiable
information from a user under the age of thirteen, we will delete such
information from our records. It is our policy to obtain prior, verifiable
parental consent before collecting any personally identifiable information from
children under the age of thirteen.
Because we do not collect any personally identifiable information from
children under the age of thirteen, we also do NOT knowingly distribute such
information to third parties.
We do NOT knowingly allow children under the age of thirteen to publicly
post or otherwise distribute personally identifiable contact information.
We do NOT condition a childÕs participation in online activities on
providing more personally identifiable information than is needed to
participate in the activity.
Questions on Privacy
If you have any questions about the childrenÕs privacy statement, the
practices of RRI, or your dealings with RRI, you can contact us here, or via
postal mail at:
Recumbent
Riders International
Attn: Jon Dittrich
1324 N Central Street
Knoxville, TN 37917
(865) 525-1453
Safety
We do our best to keep RRI safe, but we cannot guarantee it. We need your help
to do that, which includes the following commitments:
Disclaimers
This Service includes links and pointers to Internet sites, content and services
provided by third parties. Neither RRI, its parent or subsidiary companies nor
their affiliates operate or control in any respect any information, products or
services that third parties may provide on or through RRI or on a website
linked to by RRI. The materials in this site and the third-party sites are
provided Òas isÓ and without warranties of any kind either express or implied.
To the fullest extent permissible pursuant to applicable law, RRI disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose. RRI does
not warrant that this website or any of its functions will be uninterrupted or
error-free, that defects will be corrected, or that this site, including
bulletin boards, or the servers that make it available, are free of viruses or
other harmful components.
RRI does not warrant or make any representations regarding the use or
the results of the use of the materials in this site or in third-party sites in
terms of their correctness, accuracy, timeliness, reliability or otherwise. You
(and not RRI) assume the entire cost of all necessary maintenance, repair or
correction.
RRI is provided for informational purposes only. RRI should not be used
in any high-risk activity where damage or injury to persons, property,
environment, finances or business may result.
Online Commerce
In addition, RRI may allow you to purchase different types of products
and/or services online that are provided by third parties. RRI is not
responsible for the quality, accuracy, timeliness, reliability or any other
aspect of these products and services. If you make a purchase from a merchant
referred to by RRI or linked to by RRI, the information obtained during your
visit to that merchantÕs online store, and the information that you give, such
as your credit card number and contact information, is collected by the
merchant and not by RRI. Such merchants may have separate privacy and data
collection practices. RRI has no responsibility or liability for these
independent policies. For more information regarding a merchant, its online
store, and its privacy policies, return to that storeÕs home page and click on
its information links or contact the merchant website directly. You release RRI
and its affiliates from any damages that you incur, and agree not to assert any
claims against them, arising from your purchase or use of any products or
services made available by third parties through RRI.
Our website uses VigLink to automatically affiliate our commercial links. We want you to realize that we may get paid, if you click a link and purchase a product or service.
Proceeds realized through this process, simply go to help fund the Recumbent Riders International website.
Use of Community Directory
The information contained in the Community Directory
is provided for lookup purposes and is not to be used for any marketing and/or
telemarketing applications. This information may not be copied or redistributed
and is provided ÒAS ISÓ without warranty of any kind. In no event will RRI or
its affiliates be liable in any way with regard to such Information.
Interactive Features
RRI may include a variety of features, such as bulletin boards, chat
rooms, personal messages, and e-mail services, which allow feedback to RRI and
real-time interaction between users. RRI does not control the messages,
information or files delivered to bulletin boards. It is a condition of your
use of RRI that you do not:
¤ Restrict or inhibit any other user from using and enjoying RRI; or
¤ Upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; or
¤ Post, transmit or in any way exploit any information, software or other materials for commercial purposes, or which contains unapproved advertising.
You understand that RRI has no obligation to monitor any
bulletin boards, chat rooms, or other areas of RRI through which users can supply
information or material. However, RRI reserves the right at all times to
disclose any information as necessary to satisfy any law, regulation or
governmental request, or to refuse to post or to remove any information or
materials, in whole or in part, that in RRI sole discretion are objectionable
or in violation of these Terms of Service.
Objectionable Information and Materials
When accessing or making use of any service provided on the Web pages of
RRI you may not:
¤ Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or otherwise objectionable information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, national or international law, including without limitation, the U.S. export control laws and regulations;
¤ Post or transmit any information or software which contains a virus, worm, trojan horse or other harmful component; post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through our Web pages for commercial purposes (other than expressly permitted by the provider of such information, software or other material); or
¤ Upload,
post, publish, transmit, reproduce or distribute in any way, information,
software or other material obtained through our Web pages, or other proprietary
right, or derivative works with respect thereto, without obtaining permission
of the right holder, or upload, post, publish, reproduce, transmit or
distribute in any way any component of our Web pages themselves or derivative
works with respect thereto, except where expressly permitted in writing.
Registration
To use certain features of RRI, you must register with
www.RecumbentRiders.org on the form provided. You agree (a) to provide true,
accurate, current and complete information about yourself as prompted by RRIÕs
registration form, and (b) to maintain and promptly update the information you
provide to keep it true, accurate, current and complete. If RRI has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of RRI (or any portion thereof). Our use of
any personally identifying information you provide to us as part of the
registration process is governed by the terms of our Privacy
Statement.
Passwords
To use certain features of RRI, you will need a user name and password,
which you will receive through RRIÕs registration
process. You are responsible for maintaining the confidentiality of the
password and account, and are responsible for all activities that occur under
your password or account. You agree to notify us immediately of any
unauthorized use of your password or account or any other breach of security,
and to ensure that you exit from your account at the end of each session. RRI
cannot and will not be liable for any loss or damage arising from your failure
to protect your password or account information.
Classified Advertising
When you submit a classified ad for publication on RRI, you agree that
the advertisement as it appears on RRI becomes the property of RRI and you
assign all ownership interest in the advertisement as it appears on RRI under copyright
law or otherwise to RRI. Submission of an advertisement does not constitute a
commitment to publish the advertisement, and publication of an advertisement
does not constitute an agreement for continued publication. We will accept only
standard abbreviations and required proper punctuation. RRI reserves the right
to edit, reclassify, revise, reject or cancel any advertisement at any time, in
its sole discretion. Rates for personal user advertisements are free, while
business rates and specifications are subject to change. Business
advertisements must be preapproved before posting such publically on the
bulletin board.
Advertisements
All advertising herein is subject to Federal Laws, which makes it illegal
to advertise Òany preference, limitation, or discrimination because of race,
color, religion, sex, handicap, familial status, or national origin, or
intention to make any such preference, limitation, or discrimination.Ó State
law may also forbid discrimination based on these factors and others. We will
not knowingly accept any advertising for RRI, which is in violation of the law.
All persons are hereby informed that all advertisements are available on an
equal opportunity basis.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall
RRI, or its affiliates be liable for any direct, indirect, incidental, special
or consequential damages that result from the use of, or the inability to use,
RRI materials, products or services, or third party materials, products or
services made available through RRI. You specifically acknowledge and agree
that RRI is not liable for any defamatory, offensive or illegal conduct of any
user. If you are dissatisfied with any RRI materials, products or services or
with any of RRI terms and conditions, your sole and exclusive remedy is to
discontinue using RRI.
Termination
RRI may cancel or terminate your right to use RRI or any part of RRI at
any time without notice. In the event of termination, you are no longer
authorized to access the part of RRI affected by such cancellation or
termination. The restrictions imposed on you with respect to material
downloaded from RRI, and the disclaimers and limitations of liabilities set
forth in these Terms of Service, shall survive.
Other
This agreement constitutes the entire agreement between RRI and you with
respect to the subject matter contained in this agreement and supersedes all
previous and contemporaneous agreements, proposals and communications, written
or oral. You also may be subject to additional terms and conditions that may
apply when you use the products or services of a third party that are provided
through RRI. In the event of any conflict between any such third party terms and
conditions and these Terms of Service, these Terms of Service shall govern.
This agreement shall be governed by and construed in accordance with the laws
of the State of Tennessee without giving effect to any principles or conflicts
of law. If any provision of this agreement shall be unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any remaining
provisions.
ADDITIONAL TERMS AND CONDITIONS REGULATING EMAIL COLLECTION
The website from which you accessed this agreement
("the Website") is provided to you subject to the following
conditions. These terms are in addition to any other terms governing access to
the Website. By visiting (in any manner) the Website you accept these terms and
conditions (the "Terms of Service"). Please read them carefully. Any Non-Human
Visitors to the Website shall be considered agents of the individual(s) who
controls, authors or otherwise makes use of them. The access rights granted to
you under the Terms of Service are non-transferable without the express written
permission of the owner of the Website.
SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS
Special restrictions on a visitor's license to access the Website apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.
Email addresses on this site are considered proprietary
intellectual property. It is recognized that these email addresses are provided
for human visitors alone. You acknowledge and agree that each email address the
Website contains has a value not less than US $50. You further agree that the
compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional
collection, harvesting, gathering, and/or storing this Website's email
addresses is recognized as a violation of this agreement and expressly
prohibited.
APPLICABLE LAW AND JURISDICTION
Each party agrees that any suit, action or proceeding
brought by such party against the other in connection with or arising from the
Terms of Service ("Judicial Action") shall be governed by the law of
the state of residence of the registered Administrative Contact (the
"Admin State") for the Website as such laws are applied to agreements
between Admin State residents entered into and performed entirely within the
Admin State. You consent to the jurisdiction of federal and state courts within
the Admin State. You consent to the venue in any action brought against him in
connection with breaches of these Terms of Service. You consent to electronic
service of process regarding actions under the above agreement.
NON-TRANFERABLITIY
The access rights granted to you under the Terms of Service are non-transferable without the express written permission of the owner of the Website.
RECORDS OF VISITOR USE AND ABUSE
You consent to having your Internet Protocol address
recorded. An email address may appear immediately below (the
"Identifier") if we suspect potential abuse. The Identifier is
uniquely matched to your Internet Protocol address. Visitors agree not to use
this address for any reason.
VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A
THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE
IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE ADDITIONAL
TERMS OF SERVICE.