eBicycles Terms of Service
This Terms of Service Agreement was last updated on: May 17th, 2010.
By using the eBicycles.com web site and related services (collectively, "Service"), provided by Brandon D. Kelly d/b/a/ eBicycles ("eBicycles"), you agree to be bound by the following terms and conditions ("Terms of Service"). If you do not agree to this Terms of Service, you should immediately cease all usage of this Service.
eBicycles reserve the right, at any time, to update or change the Terms of Service without prior notice. New features, content, services or other modifications that enhance the current Service are subject to this Terms of Service. Your continued use of the Service after such modifications constitutes an acknowledgement, agreement and consent to such modifications. You can view the most recent version of the Terms of Service here: http://www.ebicycles.com/terms.php
Violation of any part of the Terms of Service will result in termination of your account.
Where a user account and sign-up is required to use the Service, such as advertising programs, the following terms apply:
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your full legal name, a valid e-mail address, and any other required information to complete the sign-up process.
- You are responsible for maintaining the privacy and security of your account and password. eBicycles will not be held liable for any damage or loss that may result from your failure to protect your security information.
- You are responsible for all Content posted under your account.
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds and Service Plan Terms
- A valid credit card is required for paying accounts. A credit card is not required to to use a free account.
- For paid services, including our Premium advertising plan and display advertising plans, we will charge you a monthly or one-time fee based on your service plan type. The Service is billed in advance for each month or time period, and is non-refundable. There will be no refunds or credits for partial months of service, nor will refunds be made should you not use the Service during a period of time when your service plan is open. No exceptions will be made.
- If you upgrade or downgrade your service plan, your credit card will be charged your new billing rate immediately. Your credit card will then be charged your new billing rate every 30 days thereafter unless you cancel your account, or revert it to a free service plan.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Modification to Service and Fees
- eBicycles reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the eBicycles Site (http://www.ebicycles.com) or the Service itself.
- eBicycles shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Cancellation and Termination
- You are solely responsible for properly canceling your paid services. You may cancel your paid services at any time by clicking, and therefore changing, the active status of your listing to “Suspended” from the Manage Listings area of the Member section. Email or phone requests to cancel your account will not be considered cancellation.
- You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued your paid service. You will not be charged again.
- eBicycles reserves the right to modify, suspend, or terminate your account at any time for any reason without notice or refund. We also reserve the right to delete all Content associated with your account. eBicycles may refuse service to anyone for any reason at any time.
- eBicycles reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. eBicycles reserves the right to refuse service to anyone for any reason at any time.
Copyright and Ownership
- All content posted on the Service is must comply with U.S. copyright law. Please review our copyright compliance policy.
- eBicycles or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which eBicycles or its suppliers own.
- eBicycles claims no intellectual property rights over the Content you upload or provide to the Service. Your profile and materials uploaded remain yours. However, by using the Service to send Content, you agree that others may view and share your Content.
- eBicycles™ and ebicycles.com™ are proprietary marks of eBicycles. eBicycles’s trademarks may not be used in connection with any product or service that is not provided by eBicycles, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits eBicycles.
- All other trademarks displayed on the eBicycles website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with eBicycles.
Permission to Use Your Content
We may use your ratings, reviews, compliments, and business information (collectively, "Your Content") in a number of different ways, including displaying it on the Site, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us permission to use Your Content for any purpose. You also irrevocably grant the Site's users and the users of any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.
Responsibility for Your Content
You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by eBicycles.
You may expose yourself to liability if, for example, Your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Use of Content
We may remove or reinstate user Content from time to time at our sole discretion. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
eBicycles and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
- Your use of the Service, including any content, information or functionality contained within it, is provided "as is" and "as available" with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
- You agree to indemnify and hold eBicycles, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Service, the violation of this Agreement, or infringement by you, or other user of the Service using your computer, of any intellectual property or any other right of any person or entity.
- You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of eBicycles.
- You may not use the service to store, host, or send unsolicited email (spam) or SMS messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, eBicycles, or any other eBicycles service.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- You may not use the service to transmit any viruses, worms, or malicious content.
- eBicycles makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected.
- eBicycles, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
- If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
- The failure of eBicycles to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between you and eBicycles as to the Service and supercedes any prior agreements between you and eBicycles (including, but not limited to, prior versions of the Terms of Service).
- Any questions regarding the Terms of Service should be addressed to email@example.com.
Vendor Information Disclaimer
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While eBicycles makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
eBicycles makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Our website is operated and provided in the State of New Jersey, USA. As such, we are subject to the laws of the State of New Jersey, and such laws will govern this Terms of Service, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State New Jersey.