Last Updated: September 11, 2013
SOCIAL CYCLIST TERMS OF SERVICE
Welcome to Social Cyclist!
Social Cyclist is a service provided by Social Bicycles, Inc. ("SoBi") to solicit public input for the improvement of shared bicycle infrastructure and to report hazardous road conditions for the benefit of other Social Cyclists. The following Terms of Service ("Terms") govern your access to and use of Social Cyclist, including our various websites, email notifications, and applications, (the "Services" or "Social Cyclist"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. Please read these Terms carefully before using the Services offered by SoBi.
The following key points of the Terms are provided for your convenience only and are not in lieu of the full Terms.
- Road Information Prevails: The information provided by the Services is not intended to replace the information provided on the road, such as traffic signs and signals, police instructions, etc.
- Bike Safely: Always ride according to road conditions and in accordance with traffic laws. It is strictly forbidden to submit updates while riding. Such updates as requests for bike parking requests or reports of road conditions (such as vehicles obstructing bike lanes) may only be sent after you have stopped your bicycle in an appropriate location permitted by law.
- Non-continuous Updates: Some information provided by the Services originates from other users of the Services. Such information is by its very nature temporary and may be inaccurate, incomplete or outdated. SoBi does not provide any warranties to such information's credibility or reliability.
- Location-based Service: Some of the Services' features utilize GPS and Wi-Fi technology to determine your position. These features cannot be provided without utilizing this technology.
- Your Age: You must be at least 13 years old to use the Services.
1. Basic Terms
SoBi has not reviewed, and cannot review, all of the material posted to the Services and cannot therefore be responsible for that material’s content, use or effects. By operating the Services, SoBi does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites (go to the account settings page to control who sees your Content). You should only provide Content you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with SoBi and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
You must not use the Services for commercial purposes. You may not offer to third parties a service of your own that uses the Services; you may not resell the Services, offer them for rent or lease, offer it to the public via communication or integrate it within a service of your own, without the prior written consent of SoBi.
The Services that SoBi provides are always evolving and the form and nature of the Services that SoBi provides may change from time to time without prior notice to you. In addition, SoBi may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by SoBi on the Services are subject to change. In consideration for SoBi granting you access to and use of the Services, you agree that SoBi and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You can opt-out of most communications from Social Cyclist including our newsletter, etc. Please see the Notifications tab of Settings for more details.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. SoBi cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You are solely responsible for any Content, whether publicly posted or privately transmitted, that you may upload, post, transmit or otherwise make available via the Services. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. We do not guarantee the accuracy, integrity, or quality of such Content.tent Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. For purposes of these Terms, Content includes, without limitation, any location information, comments, information, data, text, photographs, graphics, interactive features generated, provided, or otherwise made accesible by SoBi on or through the Services.
We do not endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content you might deem offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
5. Your Rights
SoBi does not claim ownership of any Content you post on or through the Services. You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for SoBi to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with SoBi for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
SoBi has an evolving set of rules for how ecosystem partners can interact with your Content. These rules exist to enable an open ecosystem with your rights in mind. But what's yours is yours - you own your Content (and your photos and routes are part of that Content).
Such additional uses by SoBi, or other companies, organizations or individuals who partner with SoBi, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. SoBi will not be responsible or liable for any use of your Content by Social Cyclist in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
6. Your License to Use the Services
Subject to these Terms, SoBi grants you a worldwide, non-exclusive, non-sublicensable, non-transferable, non-assignable, license to use the software that is provided to you by SoBi as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by SoBi, in the manner permitted by these Terms. These Terms and your use of the Services, including uploading any data and contents by you onto the Services including SoBi's databases, maps and data do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto. Your use of the Services for your enjoyment and benefit constitutes the sole and sufficient consideration for any contribution you have to the Social Cyclist Services, its contents, maps and any other data.
7. Social Bicycles Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of SoBi and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Social Cyclist name or any of the Social Cyclist trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Social Cyclist, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Restrictions on Content and Use of the Services
Please review the Social Cyclist Community Guidelines (which are part of these Terms) to better understand what is prohibited on the Service. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Social Cyclist, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, SoBi’s computer systems, or the technical delivery systems of SoBi’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by SoBi (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with SoBi, scraping the Services without the prior consent of SoBi is expressly prohibited; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
9. Copyright Policy
SoBi respects the intellectual property rights of others and expects users of the Services to do the same. SoBi will investigate any allegations of copyright infringement brought to our attention. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the Content in question, you must provide us with all of the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. For this notification to be effective, you must provide it to our designated copyright agent for notice of alleged copyright infringement appearing on the Services.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, SoBi will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Social Bicycles, Inc.
Attn: Copyright Agent
148 East Broadway
New York, NY 10002
10. Ending These Terms
The Terms will continue to apply until terminated by either you or SoBi as follows.
You may end your legal agreement with SoBi at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform SoBi when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity under our Inactive Account Policy.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Social Cyclist Community Guidelines, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect SoBi's rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
11. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of SoBi and its subsidiaries, affiliates, officers, directors, shareholders, employees, agents, representatives, sub-contractors, partners, operators, and licensors (collectively, the “SoBi Parties”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available "AS-IS"
Your expressly acknowledge and agree that your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE SOBI PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO OUR SERVICES, AND ANY THIRD PARTY WEBSITES WITH WHICH THEY ARE LINKED.
The SoBi Parties make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the SoBi Parties or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. There may also be links to third-party web sites or features in images or comments within the Services. The Services also include third-party content that SoBi does not control, maintain, or endorse. The Services functionality may also permit interactions between the Services and a third-party web site or feature, including applications that connect the Services or your profile on the Services with a third-party web site or feature. For example, the Services may include a feature that enables you to share Content from the Services or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Instagram does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Instagram is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You acknowledge and agree that the SoBi Parties are 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 the SoBi Parties 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.
D. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOBI PARTIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF INCOME, PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
THE INFORMATION PROVIDED BY THE SERVICES IS NOT INTENDED TO REPLAE THE INFORMATION PRESENTED ON THE ROAD. IN THE EVENT THAT THE INFORMATION PRESENTED ON THE ROAD (TRAFFIC SIGNS AND SIGNALS, POLICE INSTRUCTIONS, ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICES, YOU MUST NOT RELY ON THE SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SOBI PARTIES TO YOU EXCEED THE AMOUNT YOU PAID SOCIAL BICYCLES, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN CERTAIN JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU; ALL OTHER PROVISIONS OF THIS AGREEMENT REMAIN IN FULL FORCE AND EFFECT.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE SOBI PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, defend, and hold harmless SoBi Parties from and against any and all claims, liabilities, penalties, settlements, judgments, and fees (including reasonable attorneys' fees) arising from (a) any information that you or anyone using your account may submit or access in the course of using the Services; (b) your breach of any representation or warranty in, or violation of, the terms of these Terms or any agreement or other instrument with a third party applicable to you; and (c) any disputes between you and any other User.
12. General Terms
A. Waiver and Severability
The failure of SoBi to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Governing Law
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and SoBi agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These Terms of Service and any action related thereto will be governed by and construed in accordance with the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. For all claims, legal proceedings or litigation arising in connection with the Services, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York, United States, and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
C. Complete Agreement
We may revise these Terms from time to time, the most current version will always be at socialcyclist.com/terms. If the revision, in our sole discretion, is material we will notify you via a notification in Social Cyclist or an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Social Bicycles Inc., 148 East Broadway, New York, NY 10002. If you have any questions about these Terms, you may contact us through the channels listed on the "About" menu in the application or through the "Contact Us" page on the website (web address: www.socialcyclist.com/support). We will make our best efforts to address your inquiry promptly.
D. Territorial Restrictions
The information provided within the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject SoBi to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that SoBi provides.
Software related to or made available by the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.