MyCycleTour Terms of Service

1. VISITOR and REGISTERED-USER USAGE ACCEPTANCE TERMS

   MyCycleTour provides its services to any visitor or registered-user, hereinafter called 'you', subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.mycycletour.com/TOS.html. In addition, when using particular MyCycleTour services, you may be subject to guidelines or rules or additional terms (which may be posted from time to time) applicable to such services and which are incorporated by reference into the TOS. All such guidelines or rules are hereby incorporated by reference into the TOS.

   MyCycleTour currently provides users with access to a collection of resources, including cycle route information, general cycling information, discussion forums, images and personalized content which may be accessed through various mediums or devices now known or hereafter developed (the "Service"). You understand and agree that the Service may include advertisements and that these advertisements are necessary for MyCycleTour to provide the Service. You understand and agree that the Service may include certain communications from MyCycleTour, such as service announcements and administrative messages that are considered part of the MyCycleTour Registration, and that you cannot opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new MyCycleTour properties, are subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that MyCycleTour assumes no responsibility for the operation, accuracy, completeness, availability, timeliness, deletion, mis-delivery of the service or failure to store any user communications or personalization settings.

   Any use of the website service and content is at your own risk. Some content on the website may be provided by users and other third parties and MyCycleTour shall not be held responsible for any such material provided.

   You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider, airtime, data or any other charges). You are responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

2. YOUR REGISTRATION OBLIGATIONS

   In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. MyCycleTour has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at its sole discretion. That includes removal of any information posted, at the discretion of MyCycleTour. MyCycleTour is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. By allowing your child access to the Service, they will be able to access all of the Services including, email, message boards, groups, instant messages and chat (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.

3. MYCYCLETOUR PRIVACY POLICY

   Registration Data and certain other information about you is subject to our Privacy Policy. You understand that through your use of the Service you consent to the collection, use and disclosure of this information, only as permitted by the Privacy Policy, including the transfer of this information to Canada and/or other countries for storage, processing, and use by MyCycleTour in order to provide the Service to you.

   The MyCycleTour User Name associated with your account is the property of MyCycleTour, and is not your personal information.

   The MyCycleTour Privacy Policy is available at http://www.mycycletour.com/PRIVACYPOLICY.html.

4. REGISTERED-USER ACCOUNT, PASSWORD, AND SECURITY

   During registration for at MyCycleTour, you will select a Password and MyCycleTour User Name. Upon successful registration for the Service, you will receive an account designation. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account, including your password. You agree to (a) immediately notify MyCycleTour of any unauthorized use of your password or account or any other breach of security, and (b) exit from your account at the end of each session. MyCycleTour will not be liable for any loss or damage arising from your failure to comply with these terms.

5. VISITOR AND REGISTERED-USER CONDUCT

   You understand that all materials, including without limitation, information, data, text, software, photographs, graphics, video, and email messages or other kinds of messages ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MyCycleTour, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. MyCycleTour does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MyCycleTour be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any Content posted, emailed, transmitted, or otherwise made available via the Service.

   You agree that you will not use the Service to:

   1. Upload, post, email, transmit, or otherwise make available any Content that is harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful;
   2. harm minors in any way;
   3. impersonate any person or entity, including, but not limited to, a MyCycleTour official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
   5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
   7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of illegal solicitation. You may, however, make legally compliant solicitations in those areas (such as shopping rooms) that are designated for such purpose;
   8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
   10. collect or store personal data about other users without their express consent or in connection with the prohibited conduct and activities set forth in paragraphs (a) through (m) above. You acknowledge that MyCycleTour does not pre-screen Content, but that MyCycleTour and its designees have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, MyCycleTour and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MyCycleTour or submitted to MyCycleTour that is available on any part of the Service, including without limitation information in MyCycleTour Message Boards. You acknowledge and expressly consent to MyCycleTour accessing, preserving, and disclosing your account information and Content if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of MyCycleTour, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by MyCycleTour and/or content providers who provide Content to the Service. You agree that you will not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

6. SPECIAL PROVISIONS CONCERNING INTERNATIONAL USE

   Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside or from where you access the service.

7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

   MyCycleTour does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant MyCycleTour the following world-wide, royalty free and non-exclusive license(s), as applicable:

   1. With respect to photos, graphics, or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This licence exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or MyCycleTour removes such Content from the Service.
   2. With respect to Content other than photos, graphics or video you submit or make available for inclusion on publicly accessible areas of the Service other than MyCycleTour Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. You irrevocably waive any moral rights or other rights with respect to attribution of authorship or integrity in the Content you submit. "Publicly accessible" areas of the Service are those areas of the MyCycleTour Service that are intended by MyCycleTour to be available to the general public. By way of example, publicly accessible areas of the Service would include MyCycleTour Routes, Photos, Posts and any other information that is displayed. These are available to both registered users and other visitors.

8. CONTRIBUTIONS TO MYCYCLETOUR

   By submitting routes, ideas, suggestions, documents, and/or proposals ("Contributions") to MyCycleTour through any mechanism, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) MyCycleTour is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) MyCycleTour shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) MyCycleTour may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of MyCycleTour without any obligation of MyCycleTour to you; and (f) you are not entitled to any compensation or reimbursement of any kind from MyCycleTour under any circumstances.

9. INDEMNITY

   You agree to indemnify and hold MyCycleTour and its owners, officers, employees, subsidiaries, affiliates, agents, co-branders, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

10. NO RESALE OF SERVICE

    You agree not to reproduce, duplicate, copy, sell, trade, or exploit for any commercial purposes, any portion of the Service (including the MyCycleTour User Name associated with your account), use of the Service, or access to the Service.

11. GENERAL PRACTICES REGARDING USE AND STORAGE

    You acknowledge that MyCycleTour may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on MyCycleTour's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that MyCycleTour has no responsibility or liability for the deletion or failure to store any information or other Content maintained or transmitted by the Service. You acknowledge that MyCycleTour reserves the right to log off accounts that are inactive for a certain period of time as determined by MyCycleTour. You further acknowledge that MyCycleTour reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

12. MODIFICATIONS TO SERVICE

    MyCycleTour reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MyCycleTour will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. TERMINATION AND RECYCLING OF ACCOUNTS

    You agree that MyCycleTour, in its sole discretion, may terminate your account or any part thereof, or your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, (a) lack of use, (b) if MyCycleTour believes that you have violated or acted inconsistently with the letter or spirit of the TOS or other incorporated agreements or guidelines, (c) requests by law enforcement or other government agencies, (d) a request by you (self-initiated account deletions), (e) discontinuance or material modification to the Service (or any part thereof), (f) unexpected technical or security issues or problems, (g) in compliance with legal process; (h) if you have or we believe you have engaged in illegal activities, including without limitation, fraud. MyCycleTour may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You acknowledge and agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice and that MyCycleTour may immediately deactivate or delete your account and all related Content (including without limitation route information and photos)) associated with or stored in your account and/or bar any further access to such Content or the Service. Further, you agree that MyCycleTour is not liable to you or any third-party for termination of your account (including any associated email address), or termination of your access to the Service. As MyCycleTour IDs are the property of MyCycleTour, upon termination of your account the MyCycleTour User Name previously associated with your account will become available to other MyCycleTour users to select as their MyCycleTour User Name

14. DEALINGS WITH ADVERTISERS

    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, WARRANTIES, REPRESENTATIONS, OR CONDITIONS associated with such dealings, are solely between you and such advertiser. You agree that MyCycleTour is not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of such advertisers on the Service.

15. LINKS

    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MyCycleTour has no control over such sites and resources, you acknowledge and agree that MyCycleTour is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MyCycleTour is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. MYCYCLETOUR PROPRIETARY RIGHTS

    You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by MyCycleTour or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. MyCycleTour grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MyCycleTour for use in accessing the Service.

17. DISCLAIMER OF WARRANTIES, REPRESENTATIONS, AND CONDITIONS

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYCYCLETOUR AND ITS OWNERS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. MYCYCLETOUR AND ITS OWNERS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYCYCLETOUR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR OBLIGATION NOT EXPRESSLY SET OUT HEREIN OR IN ANY WAY VARY THESE TERMS OF SERVICE.

18. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYCYCLETOUR AND ITS OWNERS, OFFICERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, CO-BRANDERS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

    1. DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MYCYCLETOUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
    2. INJURY TO PERSONS OR PROPERTY RESULTING FROM USE OF THIS SERVICE OR USE OF ANY INFORMATION OBTAINED FROM THIS SERVICE.

19. ADDITIONAL GROUP SUBSCRIPTION LIABILITY

    As pertaining specifically to Group Subscriptions MyCycleTour and it owners, officers, and employees total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising out of or in connection with any Group Subscription shall be limited to one hundred percent (100%) of the total fees that MyCycleTour received from Client (subscriber) in the twelve month period immediately preceding the Client claim.

20. NO THIRD PARTY BENEFICIARIES

    You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

21. NOTICE

    Notices to you may be made via either email and may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you on the Service. From time to time MyCycleTour will send you notices to let you know about any changes to the MyCycleTour Services. Such messages may not be received if you violate this TOS by accessing the Service in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

22. TRADEMARK INFORMATION

    You agree that all of MyCycleTour's trademarks, trade names, service marks and other MyCycleTour logos and brand features, and product and service names are trademarks and the property of MyCycleTour. (the 'MyCycleTour Marks'). Without MyCycleTour's prior permission, you agree not to display or use in any manner the MyCycleTour Marks.

23. NOTICE AND PROCEDURE FOR ADDRESSING CONTENT CONCERNS

    MyCycleTour respects the intellectual property of others, and we ask our users to do the same. MyCycleTour may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users for any reason, and remove any postings, route information, images or any other questionable content.

    If you have concerns over content please email the details to: concerns@mycycletour.com.

24. GENERAL INFORMATION

    Entire Agreement. The TOS constitute the entire agreement between you and MyCycleTour and govern your use of the Service, superseding any prior agreements, oral or written, between you and MyCycleTour with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase certain MyCycleTour services, affiliate services, third-party content or third-party software.

    Choice of Law and Forum. The TOS and the relationship between you and MyCycleTour shall be governed by the laws of the province of Ontario and Canada without regard to its conflict of law provisions. You and MyCycleTour agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada.

    Waiver and Severability of Terms. The failure of MyCycleTour to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

    No Right of Survivorship and Non-Transferability. You agree that your MyCycleTour account is non-transferable and any rights to your MyCycleTour User Name or Content within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all Content permanently deleted.

    Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or related to the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    Further Assurances. You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as MyCycleTour may reasonably require from time to time for the purpose of giving effect to these TOS, including regularly reviewing the TOS and updating your registration information.

    Language. The parties hereto have agreed that this Agreement and any of its accessories, including notice, be written in the English language. Les parties aux presentes ont exige que ce contrat et ses accessoires, y compris tout avis, soient rediges en anglais.

    The section titles in the TOS are for convenience only and have no legal or contractual effect.

25. VIOLATIONS

    Please report any violations of the TOS to concerns@mycycletour.com.