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Thank you for visiting the Climbbybike.com website ("Website") and welcome to Terms and Conditions of Use Agreement ("Agreement").
Your access to, browsing, and use of this Website and the services or goods provided through or in connection with this Website (collectively, the "Services") are subject to the following
terms and conditions and any other terms, conditions or guidelines set out elsewhere in this Website, as well as all applicable laws, rules and regulations,
including but not limited to laws regarding trademarks, copyrights, rights of privacy, pornography, defamation, and export controls.
BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS. Therefore the "Sponsors" kindly ask you to read these terms and conditions carefully. If you do not agree to and do not want to be bound by these terms and conditions, you should not use this Website, or the Services nor submit information on it.
1. Content and Accuracy of Information. While the Sponsors take reasonable steps to ensure that the information, images, text or links (the "Information") contained in this Website are accurate and complete, the Sponsors make no representations or warranties as to the completeness or accuracy of the Information. The Sponsors hereby disclaims any and all liability for any omissions or errors in or to the Information or the content of this Website generally.
2. Copyright Notice. Unless otherwise clearly indicated, you should assume that anything and everything you see or read on this Website is copyrighted and may not be used or
copied by you except as explicitly provided in this Website, or by applicable law or otherwise, without the express prior written consent of the Sponsors or the copyright owner. This prohibition means you may not transmit, mirror, modify or redistribute any images or text from this Website without the express prior written permission of the Sponsors or the copyright owner. You may download and print images and text from this Website only for your private, noncommercial use. Any other use requires the prior consent of the Sponsors or the copyright owner.
3. Intellectual Property. Any trademarks, trade names, logos, and/or service marks displayed on this Website are the property of their respective owners and must not be
used in any manner without the express prior written consent of the owner.
4. Images. Any images contained in or displayed by the Sponsors on this Website, other than as submitted by you, are the property of the Sponsors or of the copyright holder.
Subject to paragraph 2 hereof, the use by you of any such images (or any portions thereof) without the express written consent of the Sponsors or the copyright holder is prohibited.
5. Transmission of Personal Data. By providing the Sponsors or their service providers with any personal or proprietary information through this Website, you consent to the
transmission of such personal or proprietary information according to the Sponsors' standard business practices and current privacy policy.
For further information about the Sponsors' privacy policy, see Privacy Policy. In addition, if you submit an image to this Website you hereby agree and consent to the
terms and conditions of the Customer Image Release Agreement.
6. License. Images submitted by you on this website remain property of the submitter/owner. You hereby grant to the Sponsors and their service providers a nonexclusive, royalty-free, perpetual,
irrevocable, unrestricted, worldwide right and license to access,
use, copy, reproduce, distribute, transmit, display, perform, communicate to the public, modify, adapt, publish, translate, create derivative works from, and otherwise use the
materials and texts (in whole or in part) you submit to the Sponsors or their service providers through this Website solely in connection with the performance of the Services,
using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability to you or any other person,
and free from any obligation of confidence or other duties on the part of the Sponsors or their service providers.
7. Warranties. You represent and warrant to the Sponsors and their service providers, including but not limited to Climbbybike.com, that (i) their use of the materials you
submit does not and will not violate or infringe the rights (including copyright, moral rights, and other intellectual property rights and privacy and personality rights)
of any other person or any laws, and (ii) you have all the rights necessary to grant all rights and licenses set forth above.
8. Pornographic and Obscene Materials. You are hereby advised that any images submitted by you are subject to review and examination by the Sponsors or their service providers.
Any and all images are, of course, subject to all applicable laws regarding child pornography, child abuse, or obscene or pornographic material. Any perceived violations
of law will be reported by the Sponsors or their service providers to applicable law enforcement authorities. The Sponsors reserves the right in its sole and absolute
discretion to refuse to process or post any materials deemed objectionable by the Sponsors.
9. Fees, Charges and Taxes, Availability, Prices, Misprints and Errors, and Orders. All fees and charges will be at the rates in effect at the time the charges where incurred.
Charges incurred under this Agreement may include charges related to use of the Services, as well as charges related to goods and services provided by third parties but acquired
through the Services or Other Sites. You are responsible for paying all fees, charges and applicable taxes associated with your use of the Services. All amounts appearing on
this Website are quoted in U.S. dollars.
The Sponsors endeavors to provide current and accurate information on this Website. Nevertheless, misprints or other errors may occur. The Sponsors reserve the right to change
the prices, fees and charges associated with the Services, including any goods and services available through the Services, at any time and from time to time, without any notice
or any liability to you or any other person. Also, due to the popularity of some goods and services, the Sponsors cannot guarantee that goods or services advertised on this
Website will be available when ordered or thereafter. The Sponsors also reserves the right at any time to reject, correct, cancel or terminate any order.
If any payment due is not made by you, the Sponsors may, in addition to its other remedies, at its sole discretion and without notice to you, (a) suspend its performance under
this Agreement and your access to and use of the Services, or (b) terminate this Agreement and your access to and use of the Services. If legal action is necessary to collect fees or charges due from you, then you will reimburse the Sponsors for all expenses incurred in collecting the fees and charges, including all lawyers' fees and other legal expenses.
10.Disclaimers. YOUR ACCESSING OR USE OF THIS WEBSITE IS AT YOUR OWN RISK, AND YOU ACKNOWLEDGE AND ACCEPT EVERYTHING ON THIS WEBSITE "AS IS," WITHOUT ANY WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY,
INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR ACCURACY AND THE EXPRESS WARRANTY OF QUIET ENJOYMENT.
YOUR USE OF THE SERVICES, INCLUDING ANY MATERIALS, DATA OR INFORMATION POSTED, SUBMITTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES, IS AT YOUR OWN RISK.
YOU ARE SOLELY RESPONSIBLE FOR PROVISIONING, CONFIGURING AND MAINTAINING ALL EQUIPMENT AND SOFTWARE YOU USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICES, INCLUDING ALL COMPUTERS, TELEPHONE AND INTERNET SERVICES AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT, AND SOFTWARE.
THE OPERATION OF THE SERVICES MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND THE SPONSORS'S CONTROL. THE OPERATION OF THE SERVICES MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED.
THE SPONSORS AND THEIR SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO Climbbybike.com, ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO ANY MISPRINTS OR ERRORS ON THIS WEBSITE, INCLUDING THE UNAVAILABILITY OF ANY PRODUCT OR SERVICES YOU ORDER, ANY DELAY IN THE AVAILABILITY OF PRODUCTS OR SERVICES, OR ANY CHANGES IN THE PRICE OF PRODUCTS OR SERVICES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SPONSORS AND THEIR SERVICE PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT AND SOFTWARE;
THE SERVICES OR WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
THE QUALITY OF ANY GOODS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS;
THE USE OF THE SERVICES, INCLUDING THE BROWSING AND DOWNLOADING OF ANY MATERIALS FROM THIS WEBSITE, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS OR BUGS; OR
THE USE OF THE SERVICES, INCLUDING THE DOWNLOADING AND REPRODUCTION OF MATERIALS POSTED OR SUBMITTED TO THE SERVICES, WILL NOT INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON;
AND THE SPONSORS AND THEIR SERVICE PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Limitations to Liability. THE SPONSORS AND THEIR SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY LIABILITY, AND IN NO EVENT SHALL THE SPONSORS OR THEIR SERVICE PROVIDERS,
THEIR OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OR ANY OTHER DAMAGES
OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE
(INCLUDING BUT NOT LIMITED TO NEGLIGENCE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THIS WEBSITE OR THE SERVICES
(EVEN IF THE SPONSORS OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES, MACROS, OR OTHER DISABLING SOFTWARE THAT MAY INFECT YOUR COMPUTER EQUIPMENT.
12. Release. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE THE SPONSORS AND THEIR SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO climbbybike.com, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICES.
13. Indemnity. You agree to indemnify, defend, and hold the Sponsors and their service providers, including but not limited to Climbbybike.com.com, and each of their respective agents, directors, officers, employees and affiliates (collectively, the "Indemnified Parties") harmless from and against any and all damages, liabilities and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or in connection with, use of the Services or this Website by you. You agree to assist and cooperate as fully as required by the Indemnified Parties in the defense of any such claim or demand.
14. Prohibited Linking. The Sponsors prohibit caching unauthorized hypertext links to this Website and the framing of any content available through this Website. The Sponsors reserve the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on other Internet sites linked to this Website.
15. Other Websites. The Services or this Website may include advertisements for, and links to, other sites and businesses operated by third parties ("Other Sites"). Other Sites are independent from this Website, and the Sponsors has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. The Sponsors does not sponsor or endorse any Other Sites or their content or the goods or services available through those sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you may not make any claim against the Sponsors arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites.
16. Jurisdiction/Governing Law. As a user of this Website, you agree to submit to the local law without regard to conflicts of laws principles.
17. Severability. If any provision of these terms and conditions is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions shall be enforced.
18. Updates and Revisions. The Information is provided by the Sponsors as a convenience and is subject to change without notice. The Sponsors may, at any time and from time to time, revise these Terms and Conditions and the content of this Website generally with updates and revisions (the "Updates and Revisions"). You hereby acknowledge and agree that you will be bound by such Updates and Revisions regardless of whether or not you have reviewed them. We recommend that you periodically visit this page to review and familiarize yourself with all current terms and conditions and review this Website generally to familiarize yourself with any Updates and Revisions.
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