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Last Updated: March 16, 2016
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH BIKE OWNERS MAY CREATE LISTINGS FOR BIKES AND BIKE USERS MAY LEARN ABOUT AND BOOK BIKES DIRECTLY WITH THE Bike OwnerS. YOU UNDERSTAND AND AGREE THAT CYCLE.LAND IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN BIKE OWnERS AND BIKE USERS. CYCLE.LAND HAS NO CONTROL OVER THE CONDUCT OF BIKE OWNERS< BIKE USERS AND OTHER USERS OF THE SITE AND SERVICES OR ANY BIKES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
"Cycle.land Content" means all Content that Cycle.land makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means Member Content and Cycle.land Content.
"Content" means text, graphics, images, music, software , audio, video, information or other materials.
"Bike User" means a Member who requests from a Bike Owner a booking of a Bike via the Site or Services, or a Member who uses a Bike and is not the Bike Owner of the Bike.
"Bike Owner" means a Member who creates a Listing via the Site and Services.
"Listing" means a Bike that is listed by a Bike Owner as available for rental via the Site and Services.
"Member" means a person who completes Cycle.land's account registration process, including but not limited to Bike Owners and Bike Users, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site or Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Cycle.land reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
How the Site and Services Work
The Site and Services can be used to facilitate the listing and booking of bikes ("Bikes"). Such Bikes are included in Listings on the Site and Services by Bike Owners. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book a Bike or create a Listing, you must first register to create a Cycle.land Account (defined below).
As stated above, Cycle.land makes available an online platform or marketplace with related technology for Bike Owners and Bike Users to meet online and arrange for rentals of Bikes directly with each other. Unless explicitly specified otherwise in the Cycle.land platform, Cycle.land's responsibilities are limited to: facilitating the availability of the Site and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE BIKE OWNERS AND BIKE USERS CONNECTING AND RENTING BIKES DIRECTLY WITH EACH OTHER. CYCLE.LAND CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION OR SUITABILITY OF ANY BIKES. CYCLE.LAND IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND BIKES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
In order to access certain features of the Site, and to book a Bike or create a Listing, you must register to create an account ("Cycle.land account") and become a Member. You may register to join the Services directly via the Site or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site as described below. As part of the functionality of the Site and Services, you may link your Cycle.land Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Cycle.land through the Site or Application; or (ii) allowing Cycle.land to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Cycle.land and/or grant Cycle.land access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Cycle.land to pay any fees or making Cycle.land subject to any usage limitations imposed by such third-party service providers. By granting Cycle.land access to any Third-Party Accounts, you understand that Cycle.land will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site and Services via your Cycle.land Account and Cycle.land Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Cycle.land Account on the Site and Services. Please note that if a Third-Party Account or associated service becomes unavailable or Cycle.land's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site and Services. You have the ability to disable the connection between your Cycle.land Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
Cycle.land makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Cycle.land is not responsible for any SNS Content.
Your Cycle.land Account and your Cycle.land Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Cycle.land Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Cycle.land reserves the right to suspend or terminate your Cycle.land Account and your access to the Site and Services if you create more than one (1) Cycle.land Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Cycle.land Account, whether or not you have authorized such activities or actions. You will immediately notify Cycle.land of any unauthorized use of your Cycle.land Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Bike to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Bike and pricing and related rules and financial terms. In order to be featured in Listings via the Site and Services, all Bikes must have valid physical addresses. Listings will be made publicly available via the Site and Services. Other Members will be able to book your Bike via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Bike User requests a booking of your Bike, you may not request the Bike User to pay a higher price than in the booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Cycle.land reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Cycle.land, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services.
If you are a Bike Owner, you understand and agree that Cycle.land does not act as an insurer or as your contracting agent. If a Bike User requests a booking of your Bike and rents out your Bike, any agreement you enter into with such Bike User is between you and the Bike User and Cycle.land is not a party to it.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Bike, such as requiring Members to have a profile picture or verified phone number, in order to book your Bike. Any Member wishing to book Bikes included in Listings with such requirements must meet these requirements.
If you are a Bike Owner, Cycle.land makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Bike. You acknowledge and agree that, as a Bike Owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions.
Cycle.land recommends that Bike Owners obtain appropriate insurance for their Bikes. Please review any insurance policy that you may have for your Bike carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Bike Users (and the individuals the Bike User invites to the Bike, if applicable) while renting your Bike.
Cycle.land may offer Bike Owners the option of having photographers take photographs of their Bikes. If you as a Bike Owner choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words "Cycle.land Verified Photo" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing. All images, materials and content created by these photographers, including Verified Images, constitute Cycle.land Content, regardless of whether you include them in your Listing. You agree that Cycle.land may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
Cycle.land does not endorse any Member or any Bike. You understand that Verified Images are intended only to indicate a photographic representation of the Bike at the time the photograph was taken. Verified Images are therefore not an endorsement by Cycle.land of any Member or any Bike. Members are required by these Terms to provide accurate information, and although Cycle.land may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Cycle.land about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to rent out a Bike from a Bike Owner or to accept a booking request from a Bike User, or to have any other interaction with any other Member. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Cycle.land with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.
Bookings and Financial Terms
"Bike Fees" means the amounts that are due and payable by a Bike User in exchange for that Bike User's rental of a Bike. The Bike Owner alone, and not Cycle.land, is responsible for the Bike Fees for his or her Listing.
"Bike User Fees" means the fee that Cycle.land charges a Bike User for the use of the Services, which is calculated as a percentage of the applicable Bike Fees. The Bike User Fees will be displayed to the Bike User when the Bike User is asked whether to send a booking request to a Bike Owner.
"Bike Owner Fees" means the fee that Cycle.land charges a Bike Owner for the use of the Services, which is calculated as a percentage of the applicable Bike Fees. The Bike Owner Fees will be displayed to the Bike Owner when the Bike Owner is asked whether to confirm or reject a booking request from a prospective Bike User.
"Service Fees" means collectively the Bike User Fees and the Bike Owner Fees.
"Total Fees" means collectively the Bike Fees and the Bike User Fees plus any Taxes.
Bookings and Financial Terms for Bike Owners and Bike Users
If you are a Bike Owner and a booking is requested for your Bike via the Site or Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site or Services, we will share with you (i) the first and last name of the Bike User who has requested the booking, (ii) a link to the Bike User's Cycle.land Account profile page, (iii) if the Bike User and Bike Owner have both connected their Cycle.land accounts to SNS, the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Bike User on such SNS, and (iv) an indication of whether or not the Bike User has provided other information to Cycle.land, such as a verified email address, connection to SNSs, or a government ID. When you confirm a booking requested by a Bike User, Cycle.land will send you an email confirming such booking.
Bookings and Financial Terms for Bike Users
The Bike Owners, not Cycle.land, are solely responsible for honouring any confirmed bookings and making available any Bikes reserved through the Site and Services. If you, as a Bike User, choose to enter into a transaction with a Bike Owner for the booking of a Bike, you agree and understand that you will be required to enter into an agreement with the Bike Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Bike imposed by the Bike Owner. You acknowledge and agree that you, and not Cycle.land, will be responsible for performing the obligations of any such agreements, that Cycle.land is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Cycle.land disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Cycle.land is not a party to the agreement between you and the Bike Owner.
In consideration for the use of Cycle.land online marketplace and platform, Cycle.land charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Bike Owner Fees and Bike User Fees.
Damage to Bikes
As a Bike User, you are responsible for leaving the Bike in the condition it was in when you rented it out. You acknowledge and agree that, as a Bike User, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you provide access to the Bike.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site and Services. and Collective Content. In connection with your use of the Site, Services and Collective Content, you may not and you agree that you will not:
• violate any law or regulation;
• use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Services or Collective Content;
• use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
• copy, store or otherwise access or use any information contained on the Site, Services or Collective Content for purposes not expressly permitted by these Terms;
• infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
• interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• use our Site, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
• "stalk" or harass any other user of our Site, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Cycle.land Bike User or Bike Owner;
• offer, as a Bike Owner, any Bike that you do not yourself own or have permission to rent out;
• register for more than one Cycle.land Account or register for an Cycle.land Account on behalf of an individual other than yourself;
• contact a Bike Owner for any purpose other than asking a question related to a booking, such Bike Owner's Bikes or Listings;
• contact a Bike User for any purpose other than asking a question related to a booking or such Bike User's use of the Site and Services;
• recruit or otherwise solicit any Bike Owner or other Member to join third-party services or websites that are competitive to Cycle.land, without Cycle.land's prior written approval;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• use automated scripts to collect information from or otherwise interact with the Site, Services or Collective Content;
• use the Site, Services or Collective Content to find a Bike Owner or Bike User and then complete a booking of a Bike independent of the Site or Services, in order to circumvent the obligation to pay any Service Fees related to Cycle.land's provision of the Services or for any other reasons;
• as a Bike Owner, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Services or Collective Content, Cycle.land's name, any Cycle.land trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without Cycle.land's express written consent;
• access, tamper with, or use non-public areas of the Site or Services, Cycle.land's computer systems, or the technical delivery systems of Cycle.land's providers;
• attempt to probe, scan, or test the vulnerability of any Cycle.land system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Cycle.land or any of Cycle.land's providers or any other third party (including another user) to protect the Site, Services, or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
• accept or make a payment for Bike Fees outside Cycle.land Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Cycle.land harmless from any liability for such payment.
Cycle.land has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Cycle.land may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Cycle.land or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Cycle.land, its users, or members of the public. You acknowledge that Cycle.land has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Cycle.land reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Cycle.land, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Cycle.land and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
Cycle.land Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Cycle.land grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Cycle.land Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Cycle.land or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to Cycle.land a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site and Services. Cycle.land does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Cycle.land the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Cycle.land's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Cycle.land is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Cycle.land of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Cycle.land used herein are trademarks or registered trademarks of Cycle.land. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us, through the “Contact” section of the Site, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Cycle.land and you hereby irrevocably assign to Cycle.land and agree to irrevocably assign to Cycle.land all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Cycle.land's request and expense, you will execute documents and take such further acts as Cycle.land may reasonably request to assist Cycle.land to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Cycle.land respects copyright law and expects its users to do the same. It is Cycle.land's policy to terminate in appropriate circumstances the Cycle.land Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Suspension, Termination and Cycle.land Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Cycle.land Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Cycle.land Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Cycle.land Account, your Member Content, or receive assistance from Cycle.land Customer Service, (b) any pending or accepted future bookings as either Bike Owner or Bike User will be immediately terminated, (c) we may communicate to your Bike Users or Bike Owners that a potential or confirmed booking has been cancelled, (d) we may refund your Bike Users in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Bike Users to inform them about potential alternate Bikes with other Bike Owners that may be available on the Site and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Cycle.land Account. You may cancel your Cycle.land Account at any time via the "Cancel Account" feature of the Services or by sending us an email. Please note that if your Cycle.land Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT CYCLE.LAND DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, BIKE USERS AND BIKE OWNERS BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CYCLE.LAND EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CYCLE.LAND MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY BIKES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CYCLE.LAND MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, BIKES, BIKE OWNERS, BIKE USERS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CYCLE.LAND OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY BIKE OWNERS OR BIKE USERS. YOU UNDERSTAND THAT CYCLE.LAND DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW ANY BIKES. CYCLE.LAND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE AND SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, BIKE USERS AND BIKE OWNERS.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY BIKES VIA THE SITE AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF CYCLE.LAND WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER CYCLE.LAND NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY BIKE VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CYCLE.LAND HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify, and hold Cycle.land and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Bike, or (iii) creation of a Listing; (d) the use, condition or rental of a Bike by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Bike.
These Terms constitute the entire and exclusive understanding and agreement between Cycle.land and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Bikes made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Cycle.land and you regarding bookings or listings of Bikes, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Cycle.land's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Cycle.land may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Cycle.land (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of England and Wales.
The failure of Cycle.land to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cycle.land. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
If you have any questions about these Terms please contact Cycle.land.