Date of Version: May 2019
1. Terms of Use Agreement.
This Terms of Use Agreement (“Agreement”) forms a legally binding agreement made between you, either personally or on behalf of another entity (in this text referred to as “user” or “you”) and Targeting Marketing PLC and its affiliated companies (referred to as “Company”, “we”, “us” or “our”), regarding your access to and use of the bikexchange.com website together with any other media channel, media form, mobile website or mobile application related or connected to each other (collectively referred to as the “Website”). This Website provides the following service: reviews and related information about cycling-related services (“Company Services”). Additional terms and conditions or documents that might be posted on the Website from now on, are expressly added to this Agreement by reference.
The company does not claim that the Website is appropriate or available in any other location than those where it is operated by Company. The information shared on the Website is not intended to be distributed or used by any person or entity in any country or jurisdiction where such use or distribution would be against the law or regulation or which would require the Company to register within such country or jurisdiction. Threfore, those people who decide to access the Website from other locations, will do so on their own accord and are completely responsible for complying with local laws, if and to the extent to which such laws are applicable.
All users who are not of legal age in the jurisdiction where they reside (generally under the age of 18) must acquire the permission of, and be directly supervised by, their parent or guardian to spend time on the Website. In case you are not of legal age, you must get your parent or guardian to read and agree to this Agreement before you can start using the Website. Children under the age of 13 are not allowed to register on the Website or use any of the Company’s Services.
YOU ACCEPT AND AGREE TO BE TIED BY THIS AGREEMENT BY ADMITTING SUCH ACCEPTANCE UPON THE REGISTRATION PROCESS (IF APPLICABLE) AND BY PROCEEDING TO USE THE WEBSITE.
IF YOU ARE JOINING THIS AGREEMENT ON BEHALF OF ANOTHER LEGAL ENTITY, INCLUDING A COMPANY, YOU EXPRESS THAT YOU HAVE THE RIGHT TO TIE SUCH AN ENTITY TO THIS AGREEMENT.
IF YOU DO NOT POSSESS SUCH AUTHORITY, YOU ARE NOT ALLOWED TO ACCEPT THIS AGREEMENT AND MUST NOT USE THE COMPANY SERVICE.
IN CASE YOU DISAGREE TO RESPECT THIS AGREEMENT OR ANY MODIFICATIONS THAT THE COMPANY MIGHT DO TO THIS AGREEMENT IN THE FUTURE, DO NOT START USING OR ACCESS OR CONTINUE USING OR ACCESSING THE SERVICES PROVIDED BY THE COMPANY OR THIS WEBSITE.
2. Guidelines for Reviews.
The company has the right to accept, reject, or remove reviews on its own accord. The company has no obligation whatsoever to screen or delete reviews, even if someone considers them inaccurate or objectionable. Those who post reviews should abide by the following criteria: (1) reviewers ought to have firsthand experience with the person/entity that is being reviewed; (2) reviews should not contain any profanity, offensive language, or racist, abusive, or hate language; discriminatory claims based on race, gender, religion, national origin, marital status, age, disability or sexual orientation; or any references to illegal activity; (3) reviewers should not be affiliated with competitors when posting negative reviews, (4) reviewers should not be affiliated with the website or product being reviewed, unless the affiliation is acknowledged in the review and is a response to a prior review; (5) reviewers should not make any conclusions regarding the legality of conduct; and (6) reviewers are not allowed to post any false statements or organize campaigns encouraging others to post reviews, either positive or negative. Reviews are not supported by the Company and do not represent the views and beliefs of the Company or of any other affiliate or partner of the Company. The Company does not consider itself liable for any review or any claims, losses, or liabilities that have resulted from any reviews on the Website. By choosing to post a review, the reviewer herewith gives the Company a permanent, non-exclusive, global, fully-paid, royalty-free, assignable, and sublicensable license to Company to reproduce, translate, modify, display, transmit by any means, perform and/or distribute any content relating to reviews.
3. Submissions.
You accept and agree that any questions, comments, ideas, suggestions, feedback or other information regarding the Website or the Company Services (“Submissions”) given by you to Company are non-confidential and Company (as well as any designee of Company) is authorized to the unlimited use and distribution of these Submissions for any purpose, either commercial or otherwise, without acknowledgment or compensation to you.
4. Prohibited Activities.
You are not allowed to access or use the Website for any other purpose than that for which the Company made it available. The Website is not allowed to be used in conjunction with any commercial attempts except with those that are specifically endorsed or authorized by Company. The forbidden activity includes, but is not confined to:
- criminal or tortious activity;
- cheating, defrauding or deceiving Company and other users;
- trying to circumvent any measures of the Website meant to prevent or limit access to the Website, or any part of the Website;
- getting involved in any automated use of the system, such as utilizing any data mining, robots or similar data collection and extraction means;
- interfering with, obstructing, or creating an unnecessary strain on the Website or the networks or services related to the Website;
- trying to impersonate another user or person or using the username of another user;
- utilizing the Company Service as a component of any attempt to compete with Company or to give services as a service bureau;
- harassing, disturbing, frightening or threatening any Company employees or agents involved in providing any part of the Company Services to you;
- removing the copyright or other proprietary rights announcement from any Website content;
- systematic collection of data or any other content from the Website to produce or collect, directly or indirectly, a set, compilation, directory or database without written consent from Company;
- using the Website in a way that is inconsistent with any and all relevant laws and regulations.
5. Intellectual Property Rights.
All content on this Website (“Company Content”), including the service marks, logos, and trademarks, contained on it (“Marks”) are property of or licensed to the Company, and are subject to copyright and other intellectual property rights under appropriate laws and international codes.
Company Content, with no limitation, includes all source code, functionality, databases, website designs, software, audio, text, video, graphics, and photographs.
All Company logos, graphics, page headers, designs, scripts, button icons, and service names are registered trademarks, common law trademarks or trade dress of Company in the U.S. and/or other countries.
Company’s trademarks and trade dress is not allowed to be used, even as part of domain names and/or as part of trademarks, in relation to any product or service in any way that is possible to cause confusion and must not be imitated, copied, or used, in whole or in part, without written permission from the Company.
Product photos used on this Website belong to their owners if not asserted correctly. The company doesn’t own the copyright for any of these pictures.
Company Content on this Website is presented to you “AS IS” for your information and personal use only and cannot be used, reproduced, copied, distributed, aggregated, broadcast, transmitted, displayed, licensed, sold, or exploited in another way for any other purposes without the prior written permission from the respective owners.
Granted that you are allowed to use this Website, you are given a limited license to enter and use the Website and the Company Content and to download or print a copy of any part of the Company Content to which you have obtained access only for your personal and non-commercial use.
The Company holds all rights not expressly given to you in and to the Website and Company Content and Marks.
6. Third-Party Websites and Content.
The Website includes (or might send you through the Website or the Company Service) links to other websites (“Third-Party Websites”) as well as photographs, articles, text, pictures, graphics, music, designs, video, sound, information, software, applications, and other content or objects pertaining to or originating from third parties (known as “Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not reviewed, controlled or verified for accuracy, completeness, or appropriateness by us, and we are not liable for any Third-Party Websites reached through the Website or any Third-Party Content posted on, accessible through or installed from the Website, including the accuracy, content, opinions, offensiveness, privacy, reliability, or other policies of or included in the Third-Party Websites or the Third-Party Content. Inclusion of, permitting, or linking to the use or installation of any Third-Party Website or any Third-Party Content does not indicate approval thereof by us.
If you choose to leave the Website and access the Third-Party Websites or install or use any Third-Party Content, you will be doing that at your own risk and you need to be aware that our terms and policies no longer apply.
You need to review the relevant terms and policies, including privacy and data collection practices, of any website to which you navigate from this Website or relating to applications you install and use from this Website.
Any purchases you make on Third-Party Websites will be through different websites and from different companies, and Company assumes no responsibility at all in connection to such purchases which are solely between you and the third-party.
7. Privacy.
We take great care of the privacy of our users. Please take a look at the Company’s Privacy Policy. By using this Website or this Company’s Services, you are agreeing to the terms of our Privacy Policy.
8. Modifications.
To Agreement
The Company may revise this Agreement now and then. Any changes made to this Agreement will be shown on the Website and changes will be indicated by date. You consent to be bound to any modifications to this Agreement when you use the Company Services following any such modification which becomes effective. Changes to this Agreement will be effective after posting.
To Services
The Company holds the right to modify or discontinue, at any time, permanently or temporarily, the Company Services (or any of its parts) with or without prior notice. You acknowledge that the Company will not be accountable to you or to any third party for any changes, discontinuance, or suspension of the Company Services.
9. Disputes.
All issues of law, remedies, and rights regarding any action, event, or circumstance undertaken or relating to this Website or this Company’s Services shall be governed and interpreted by the law of New York State, not including such state’s conflicts of law rules.
Application of the United Nations Convention on Contracts for the International Sale of Goods is not included in this Agreement.
In addition, the utilization of the Uniform Computer Information Transaction Act (UCITA) is not included in this Agreement.
In no case will any action, claim, or proceeding by you linked in any way to the Website and/or the Company Service (including your visit to or use of the Website and/or the Company Service) be initiated more than two (2) years following the cause of the action.
You will be responsible for all attorneys’ fees and costs if we need to take any legal action to implement this Agreement.
10. Corrections.
From time to time, there may be some information on this Website that includes typographical errors, omissions, or inaccuracies that could relate to service descriptions, availability, pricing, and any other information. The Company holds the right to amend any errors, omissions, or inaccuracies and to update or change the information at any time, without previous notice.
11. Disclaimers.
YOU CONSENT THAT YOUR USE OF THIS WEBSITE AND COMPANY SERVICES IS AT YOUR OWN RISK.
TO THE ABSOLUTE EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, AND DIRECTORS DENY ALL WARRANTIES, EXPRESSED OR IMPLIED, IN RELATION TO THIS WEBSITE AND THE COMPANY SERVICES AND YOUR USE THESE, INCLUDING, WITHOUT ANY LIMIT, THE PROPOSED GUARANTEES OF MERCHANTABILITY, FITNESS FOR A CERTAIN USE AND NON-INFRINGEMENT.
COMPANY MAKES NO GUARANTEES OR CLAIMS ABOUT THE COMPLETENESS OR ACCURACY OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY OTHER WEBSITES LINKED TO THIS WEBSITE AND HOLDS NO RESPONSIBILITY OR LIABILITY FOR ANY (A) MISTAKES, ERRORS, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PROPERTY DAMAGE OR PERSONAL INJURY, OF ANY NATURE, EMERGING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNLAWFUL ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY FINANCIAL INFORMATION AND/OR PERSONAL INFORMATION STORED THERE, (D) ANY INTERRUPTION OR DISCONTINUANCE OF COMMUNICATION TO OR FROM THE WEBSITE OR COMPANY SERVICES, (E) ANY VIRUSES, BUGS, TROJAN HORSES, OR SIMILAR WHICH COULD BE TRANSFERRED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY OMISSIONS OR ERRORS IN CONTENT AND MATERIALS OR FOR ANY DAMAGE OR LOSS OF ANY KIND FOLLOWING AS A RESULT OF THE USE OF ANY CONTENT TRANSMITTED, POSTED, OR IN ANOTHER WAY MADE AVAILABLE THROUGH THE WEBSITE.
THE COMPANY DOES NOT ENDORSE, WARRANT, GUARANTEE, OR TAKE RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED OR ADVERTISED BY A THIRD PARTY VIA THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SHOWN IN ANY BANNER OR OTHER TYPE OF ADVERTISING, AND THE COMPANY SHALL NOT BE A PARTY TO OR IN ANY WAY ASSUME RESPONSIBILITY FOR CONTROLLING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SERVICES OR PRODUCTS. REGARDING THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD RELY ON YOUR BEST JUDGMENT AND PRACTICE CAUTION WHERE APPROPRIATE.
12. Limitations of Liability.
IN NO CIRCUMSTANCE SHALL THE COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE ACCOUNTABLE TO YOU OR ANY THIRD PARTY FOR ANY DIR
