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END USER LICENSE AGREEMENT

 

 

PLEASE READ THE FOLLOWING CAREFULLY BEFORE DOWNLOADING AND/OR USING THE APP.

 

By clicking the “accept” or “ok” button, or downloading, installing and/or using the 'Bike Rack Locator' mobile software application (together with its Content, Marks, tools and services, the “App“) you expressly acknowledge and agree that you are entering into a legal agreement with CyclingVilles (“CyclingVilles“, “we“, “us” or “our“), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement (“Agreement“). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not download, install and/or use the App.

 

Your use of the App constitutes your acceptance of the terms of this Agreement, which may be amended from time to time by CyclingVilles. The most recent version of this Agreement shall always be available on the Internet at http://www.cyclingvilles.com and the most recent version shall supersede any and all other versions of this Agreement. CyclingVilles reserves the right to change or modify this Agreement or any other CyclingVilles’ policies related to use of the App at any time and at its sole discretion by posting revisions on the Internet at http://www.cyclingvilles.com. Continued use of the App following the posting of theses changes or modifications will constitute acceptance of such changes or modifications.

 

1. Acknowledgement

CyclingVilles and You, the end-user of the App, acknowledge that the Agreement is entered into by and between CyclingVilles and You and not with Apple, Inc. Notwithstanding the foregoing, You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the App. You acknowledge that you have reviewed the App Store Terms and Conditions [located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). You represent and warrant that (i) You are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or Denied Persons List published by the U.S. Department of Commerce. If you are unable to make such a representation you are prohibited from downloading and/or using the App.

 

2. Ability to Accept

The App is only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not download or use the App. If you are between 13 and 18 years of age, then you must review this Agreement with you parent or guardian before downloading or using the App to make sure that you and your parent or guardian understand its terms and conditions and agree to them.

 

2. License

Subject to the terms and conditions of this Agreement, CyclingVilles hereby grants you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License“) to: (i) install and use the App on a mobile telephone, device or tablet (each a ”Device“) that you own or control; and (ii) access and use the App on that Device in accordance with this Agreement. This Agreement does not entitle You to receive and does not obligate CyclingVilles to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the App.

 

3. License Restrictions

You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, lease, lend or rent the App; (ii) except as permitted herein, make the App available over a network where it could be used by multiple devices at the same time; (iii) except as permitted herein or by applicable law, disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the App; (iv) copy (except for back-up purposes), improve, modify, or create derivative works of the App or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any Content (defined below) or that enforce limitations on use of the App; (vi) use the App to transmit any Content which contains software viruses, or other harmful computer code, files or programs; (vii) use or launch any automated system (including without limitation, “robots” and “spiders”) in connection with, or to access, the App; (viii) use the App to breach a third party’s privacy rights; (ix) use the communications systems provided by the App to send unauthorized and/or unsolicited commercial communications; (x) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App; (xi) use the CyclingVilles and 'Bike Rack Locator' name, logo or trademarks without our prior written consent; and/or (xii) use the App to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.

 

4. Your Use of the App in a Vehicle

If you are using the App in a vehicle or on a bicycle, you agree to: (i) comply with all applicable traffic laws; and (ii) subject to the foregoing, if you are the driver or the cyclist, not to use the App unless your vehicle or your bicycle is stationary and legally parked.

 

5. Intellectual Property Rights.

5.1. The App is licensed, and not sold, to you under this Agreement and you acknowledge that CyclingVilles and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the App (and its related software). All references in this Agreement to the App include: (i) the Content and Marks (defined below), (ii) its software, including the source and object code therein; and (iii) its tools and services. We reserve all rights not expressly granted herein to the App. Intellectual Property Rights” means any and all rights, titles and interests in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.

5.2. The content on the App, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Content“) and the trademarks, service marks and logos contained therein (”Marks“), are the property of CyclingVilles and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. Content on the App is provided to you “as is” and solely for your personal use and may not be used, copied, modified, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without CyclingVilles prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein. CyclingVilles, the CyclingVilles logo, and other marks are Marks of CyclingVilles or its affiliates. All other trademarks, service marks, and logos used on the App are the trademarks, service marks, or logos of their respective owners.

5.3. CyclingVilles and the end-user acknowledge that, in the event of any third party claim that the App or the end-user's possession and use of that App infringes that third party's intellectual property rights, CyclingVilles, not Apple ("Distributor"), will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

6. Bicycle Rack Position Posting

6.1. The App (i) permits you to send or post bicycle rack position and its photograph (“Posting”), and (ii) provides you with the posted bicycle rack positions. When Posting, you acknowledge that the accuracy of its position solely depends on common factors affecting the accuracy of Global Positioning System (“GPS”), such as noise in radio signal, atmospheric condition, and natural barrier to the signal.

6.2. You agree to hold us harmless, and expressly release us, from any and all liability arising from your Posting. You grant us a worldwide license to use, store, reproduce and display the Posting photograph and all of its location information.

6.3. You agree not to post irrelevant photograph other than bicycle rack (stand) related photograph with its relevant actual position. A Posting that: (i) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner or licensee of such rights; (ii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iii) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (iv) involves theft or terrorism; (v) constitutes an unauthorized commercial communication; (vi) contains any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their personally identifiable information in the Posting; and/or (vii) breaches this Agreement.

 

7. Disclosure

We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the App as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce this Agreement, including investigation of potential violations thereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues.

 

8. Privacy

We will use any personally identifiable information that we may collect or obtain in connection with the App in accordance with our privacy policy, which is available on the App and our Site at http://www.cyclingvilles.com (“Privacy Policy“), and you agree that we may do so. The Privacy Policy is incorporated into this Agreement by this reference. Please also be aware that certain personally identifiable information and other information provided or imported by you, in connection with your use of the App, may be stored on your Device (even if we do not collect that information). You are solely responsible for maintaining the security of your Device from unauthorized access and use.

 

9. Information Description

We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the App is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content.

 

10. Payments

10.1. You agree to pay the License fee, if any, prior to downloading the App. Any such fee will be displayed on the App or on the Distributor's website at the time of downloading. You may also have the option to purchase additional App features by using the tools that we make available in the App. The prices for any such features are displayed in the App. Any of the foregoing payments shall be done through the Distributor that you originally downloaded the App from. You agree: (i) to only provide valid and current information for yourself; (ii) that we may use the services of Distributors to process transactions on our behalf; and (iii) except as expressly set forth herein (or any applicable Usage Rules), all purchases and subscriptions are final and non-refundable.

10.2. Your use of the App may require and utilize internet connection or data access. To the extent that any such third party service provider or carrier charges for internet or data usage are applicable, you agree to be solely responsible for those charges.

 

11. Warranty Disclaimer

The app is provided on an "AS IS" and "AS AVAILABLE" basis without warranties and any kind including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade, all of which are expressly disclaimed. You agree that CyclingVilles will not be held responsible for any consequences, harm, damage, or loss to you or any third party, whether within or without the scope of the app's intended or conventional purpose, that may result from technical problems including, without limitation, traffic congestions or overload of our or other servers, or in connection with any telecomunications or internet providers. You use of the app is entirely at your sole discretion and risk.

 

12. Limitation of Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL CYCLINGVILLES BE LIABLE TO YOU WITH RESPECT TO USE OF THE APP; AND (B) IN NO EVENT SHALL CYCLINGVILLES BE LIABLE TO YOU FOR ANY CONSEQUENCES, HARM, DAMAGE, OR LOSS TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE APP, INCLUDING, WITHOUT LIMITATION, DAMAGES OF YOUR BIKE, LOST OF YOUR BIKE, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA OR FAILURE OR MALFUNCTION OF YOUR DEVICE. YOUR SOLE REMEDY UNDER THIS AGREEMENT IS TO CEASE USE OF THE APP.  THE FOREGOING LIMITATIONS WILL APPLY EVENT IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

13. Indemnity

You agree to defend, indemnify and hold harmless CyclingVilles and our affiliates, and our respective officers, directors, owner, employees, licensors, assigns and agents, and any Distributor, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the App, (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) posted bike rack locations and its supporting photograph. Without derogating from or excusing your obligations under this section, CyclingVilles reserves the right (at its own expense), but is not under any obligation, to assume the exclusive defense and control of any matters which is subject to an indemnification by you. You agree not to settle any matter subject to an indemnification by you without first obtaining our express written approval.

 

14. Relationship with Distributor

Both CyclingVilles and you acknowledge that: (i) this Agreement is concluded between CyclingVilles and you only; (ii) as between CyclingVilles and Distributor, CyclingVilles is solely responsible for the App and the content thereof; and (iii) notwithstanding the foregoing, the applicable Distributor and its subsidiaries are third party beneficiaries of this Agreement, and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

 

15. Product Claims

CyclingVilles, not the Distributor, is responsible for addressing any questions, comments or claims relating to the App and your possession and use thereof, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claim arising under consumer protection or similar legislation. If you have any questions, complaints, or claims regarding the App, please contact us at: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

16. Contact Information

Should You wish to contact CyclingVilles with any questions, complaints or claims with respect to the App, you should visit CyclingVilles’ website at www.cyclingvilles.com or email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

17. Export Laws

You agree to comply fully with all applicable export laws and regulations to ensure that neither the App nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

 

18. Updates and Upgrades

CyclingVilles may from time to time provide updates or upgrades to the App (each a “Revision“), but is not under any obligation to do so. Such Revisions will be supplied according to CyclingVilles then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the App. All references herein to the App shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement that governs the Revision.

 

19. Term and Termination

This Agreement is effective until terminated by CyclingVilles or you. CyclingVilles reserves the right, at any time, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and your use of the App with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or the Privacy Policy, or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App. Upon termination of this Agreement, you shall cease all use of: (i) the App, and shall uninstall or destroy all copies of the App and any related documentation that are in your possession or under your control, and (ii) your Account. This Section 19 and Sections 5 (Intellectual Property Rights), 6.2 (Bicycle Rack Position Posting), 8 (Privacy), 12 (Limitation of Liability), 13 (Indemnity), 21 (Applicable Law) shall survive termination of this Agreement.

 

20. Assignment

This Agreement, and any rights and licenses granted, or obligations imposed, hereunder, may not be transferred, assigned, or delegated by you but may be transferred, assigned, or delegated by CyclingVilles without restriction or notification.

 

21. Applicable LAW

This Agreement, and the relationship between you and CyclingVilles, shall be governed by and construed in accordance with the laws of England, UK.

 


Last modified on Friday, 30 November 2012