Copyright 2006 Sunday Morning Rides, Incorporation (“Sunday
Morning Rides, LLC.”). All rights
reserved.
You acknowledge and agree that the content and
services of this website are protected by copyright, trademark, patent, trade
secret, and other proprietary rights and laws.
Sundaymorningrides.com (referred to hereafter as “the Site”) its
name and logo, and all related product and service names, slogans, design
marks, icons, color combinations, button shapes, and other graphical elements
are the trademarks or registered trademarks of Sunday Morning Rides, LLC. (referred to hereafter as “SMR”). All other product and
service marks contained herein are the trademarks of their respective owners.
You may not use any SMR or third party trademarks or logos without the prior
written consent of SMR or the applicable trademark owner.
If you believe that your work has been copied and is accessible on
this website in a way that constitutes copyright infringement
please notify SMR.
1. ACCEPTANCE OF TERMS OF
SERVICE
The Site provides access to GPS tracks, imagery, video, editorial
content, and third party maps, services and information for personal,
non-commercial use only (referred to hereafter as “Content”). By using the Site
and any data or information accessed from the Site, you agree to be bound by these Terms of Service and any applicable
policies or guidelines, which may change from time to time. Should you object
to any term or condition of the Terms of Service, any guidelines, or any
subsequent modifications thereto or become dissatisfied with the Site in any
way, your only recourse is to immediately discontinue
use of the Site.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or
otherwise alter these terms and conditions at any time. Such modifications shall become effective
immediately upon the posting thereof. You must review this agreement on a
regular basis to keep yourself apprised of any changes. You can find the most
recent version of these Terms of Service at: http://www.sundaymorningrides.com/terms.shtml
3. LICENSE TO AND LIMITATIONS ON THE USE OF CONTENT
Provided you comply with these Terms of Service, SMR grants you a
nonexclusive, non-transferable license to view and print the Content of the
Site solely for your own personal non-commercial use. You may share a
descriptively annotated ride track generated via the Site (“Ride”) with another
individual for that individual's personal non-commercial use using the email
option on the “SMR Mapper” interface. You may not commercially exploit the Site or its Content, including
without limitation, you may not create derivative works of the Content, use any
data mining, robots, or similar data gathering and extraction tools on the
Content, frame any portion of the Content, or reprint, copy, modify, translate,
port, publish, sublicense, assign, transfer, sell, or otherwise distribute the
Content without the prior written consent of SMR. You shall not derive
or attempt to derive the source code or structure of all or any portion of the
Site or its Content by reverse engineering,
disassembly, decompilation or any other means. You
shall not use the Site or its Content to operate a
service bureau or for any other use involving the processing of data of others.
You shall use the Site and its Content for legal purposes only and shall not
use them in any manner that violates the laws of any jurisdiction. You do not
receive any, and SMR and its licensors retain all, ownership rights in the
Content. You may not alter or remove any copyright notice or proprietary legend
contained within the Site or its Content. Nothing
contained herein shall be construed as granting you a
license under any copyright, trademark, patent or other intellectual property
right of SMR or any third party, except for the right of use license expressly
set forth herein.
4. COMMUNITY
CONTRIBUTED CONTENT
Sundaymorningrides.com includes GPS ride tracks, waypoints,
postings, messages, text, files, images, photos, video, sounds, and other
materials posted on, transmitted through, or linked from the Site by community
contributors and/or users of the Site.
In using the Site, you acknowledge that SMR does not control, and
is not responsible for Content made available by community contributors and/or
users of the Site. As such, you further
acknowledge that you may be exposed to community contributed Content that is
offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, the Site and Content available through it may contain links to
other websites, which are completely independent of SMR. SMR makes no
representation or warranty as to the accuracy, completeness or authenticity of
the information contained in any such site. Your linking to any such website is
at your own risk. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, that you may not rely on
said Content, and that under no circumstances will SMR be liable in any way for
any Content or for any loss or damage of any kind incurred as a result of the
use of any Content posted, emailed or otherwise made available via the site.
If you choose to contribute Content in any form, you are entirely responsible
for each individual item ("Item") of Content that you post, email or
otherwise make available via the Site. You further acknowledge that SMR retains
the right (but not the obligation) in its sole discretion to refuse, delete or
move any Content that has been contributed or made available
to the Site that it deems in violation of these terms and conditions or for any
other reason.
Content available from the Site is intended
for entertainment purposes only. As described herein, SMR makes no
representation or warranty as to the accuracy, completeness or authenticity of
the Content available on or linked from the site for the purpose of planning or
navigation. You may find that events
and/or conditions beyond the control of SMR such as construction projects,
weather, traffic conditions or other events, may cause the physical conditions
of routes to differ from what is displayed on the
Site.
Should you contribute information including but not limited to
feedback, data, answers, questions, comments, suggestions, plans, ideas or the
like, such information shall be deemed to be nonconfidential
and SMR assumes no obligation to protect such information from disclosure. The submission of such information to SMR shall in no way prevent
the purchase, manufacture or use of similar products, services, plans and ideas
by SMR for any purpose whatsoever and by such submission you (i) grant to SMR the irrevocable right to reproduce, use,
disclose and distribute the information to others without restriction or
compensation required, and (ii) warrant and represent that you own or otherwise
control all of the rights to the information and that public posting and use of
the information by SMR will not infringe or violate the rights of any third
party.
5. MATERIAL
THAT YOU SUBMIT TO THE SITE
Where the facility is made available to you on the
Site, you may send material (including text, image and video) to us for
publication on various areas of the Site. When you send any materials to us for
publication on the Site, you do so in accordance with these Terms including, in
particular, the following:
You grant us a royalty free, worldwide, perpetual and
non-exclusive licence to use, copy, distribute,
publish, syndicate, sub-license and transmit the whole or any part of such
material (including without limitation any of the information, details, ideas,
concepts and/or formats contained within it) in any manner and in any format
and/or media (including, without limit, archiving and making such material available
on the Site).
Publication
of any material you submit to us will be at our sole discretion and we reserve
the right to edit or otherwise amend such materials prior to publication.
You agree that we may (at our discretion) disclose your
identity to any third party who is claiming that any material sent by you to
the Site is defamatory, in breach of confidence, in breach of any intellectual
property right (including, without limitation, copyright), in breach of any of
the warranties set out below or otherwise is in breach of or violates any applicable
law or regulation or code.
You warrant to us that any material you submit to us is your own
original work and that you own the copyright and any other relevant rights.
You warrant that the material you submit is not: obscene, threatening,
menacing, offensive, defamatory, abusive, likely to cause annoyance,
inconvenience or needless anxiety, in breach of confidence, in breach of any
intellectual property right (including, without limitation, copyright) or
otherwise in breach of or violates any applicable law or regulation or code.
You acknowledge that any breach of the warranties set out above may cause us
damage or loss and you agree to indemnify us in full and permanently on demand
against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us,
including consequential losses.
You acknowledge that we do not necessarily pre-screen any material that you
have submitted to the Site, we reserve the right to remove, at any time and
without reason or prior notice or any liability to you, any material that you
have submitted.
Notwithstanding the generality of section above, SMR reserves the right (but
not the obligation) to monitor any communications that are
made via the Site and you now consent to any such monitoring.
6. THIRD PARTY CONTENT AND SERVICES
Sundaymorningrides.com includes features and functionalities that
may link you or provide you with access to third party content and services
which is completely independent of SMR including web sites, directories,
servers, networks, systems, information and databases, applications, software,
programs, products or services, and the Internet as a whole. The Site further
includes information such as GPS tracks, commercial listings, maps, information
services (including but not limited to weather reports), and related
information provided by third parties.
SMR makes no representations or warranties regarding the accuracy
or completeness of the information provided by these third parties. Your use of
third party content may be subject to additional terms, including but not
exclusive to the Terms of Service of each third party. You should make whatever
investigation you feel necessary or appropriate to understand these additional
terms prior to your use of the Site. In the event that you have a dispute arising from the use of third
party contributed content or services, you agree to release SMR its officers,
employees, agents and successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
related to such disputes and/or our service.
7. PRIVACY AND INFORMATION
DISCLOSURE
SMR has established a Privacy Policy to explain to users how their
information is collected and used, which is located at the
following web address:
http://www.sundaymorningrides.com/privacy.shtml
Your use of the Site signifies acknowledgement of and agreement to
our Privacy Policy. You further acknowledge and agree that
SMR may, in its sole discretion, preserve or disclose your Content, as well as
your information, such as email addresses, IP addresses, timestamps, and other
user information, if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms
of Service; respond to claims that any Content violates the rights of
third-parties; respond to claims that contact information (e.g. phone number,
street address) of a third-party has been posted or transmitted without their
consent or as a form of harassment; protect the rights, property, or personal
safety of SMR, its users or the general public.
8. APPROPRIATE CONDUCT AND PERMITTED USES
You agree that you are responsible for your own conduct and
content while using the Site and for any consequences thereof. You agree to use
the Site only for purposes that are legal, proper and in accordance with these
Terms of Service and any applicable policies or guidelines. By way of example,
and not as a limitation, you agree that when using the Site you will not:
·
defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others;
·
upload, post, email or transmit or otherwise make available any
information, including GPS track information, that you know to be purposefully
inaccurate, misleading, vague, or potentially endangering to others;
·
upload, post, email or transmit or otherwise make available any inappropriate,
defamatory, infringing, obscene, or unlawful content;
·
upload, post, email or transmit or otherwise make available any
content that infringes any patent, trademark, copyright, trade secret or other
proprietary right of any party, unless you are the owner of the Rights or have
the permission of the owner to post such content;
·
upload, post, email or transmit or otherwise make available
messages that promote pyramid schemes, chain letters or disruptive commercial
messages or advertisements, or anything else prohibited by law, these Terms of
Service or any applicable policies or guidelines.
·
download any file posted by another that you know, or reasonably
should know, that cannot be legally distributed in such manner;
·
impersonate another person or entity, or falsify or delete any
author attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material;
·
restrict or inhibit any other user from using and enjoying the
functionality of sundaymorningrides.com;
·
use sundaymorningrides.com for any illegal or unauthorized
purpose;
·
remove any copyright, trademark or other proprietary rights
notices contained in or on the content and services provided by SMR ;
·
interfere with or disrupt SMR services or servers or networks
connected to sundaymorningrides.com, or disobey any requirements, procedures,
policies or regulations of networks connected to sundaymorningrides.com;
·
use any robot, spider, site search/retrieval application, or other
device to retrieve or index any portion of sundaymorningrides.com or collect
information about users for any unauthorized purpose;
·
submit content that falsely expresses or implies that such content
is sponsored or endorsed by Sunday Morning Rides, Inc.;
·
promote or provide instructional information about illegal
activities or promote physical harm or injury against any group or individual;
or
·
transmit any viruses,
worms, defects, Trojan horses, or any items of a destructive nature.
9. PAID ADVERTISEMENTS
We may charge a fee to post Content in some areas of
sundaymorningrides.com. Each party posting Content to the Service is
responsible for said Content and compliance with the Terms of Service. All fees
paid will be non-refundable in the event that Content is
removed for violating the Terms of Service.
10. LIMITATIONS ON SERVICE
You acknowledge that SMR may establish limits concerning the use
of the Site, including the maximum number of days that Content will be retained, the maximum number and size of Content
that may be transmitted or stored by the Service. You agree that Sunday Morning
Rides, LLC. has no responsibility or liability for the
deletion or failure to store any Content contributed to the Site. You
acknowledge that SMR reserves the right at any time to modify or discontinue
the Site, its Content, services, or any other part thereof with or without
notice, and that SMR shall not be liable to you or to any third party for any
modification, suspension or discontinuance of service.
11. TERMINATION OF SERVICE
You agree that SMR, in its sole discretion, has the
right (but not the obligation) to block your email or IP address, or otherwise
terminate your access to or use of the Site (or any part thereof), immediately
and without notice, and remove and discard any Content contributed to the Site,
for any reason, including, without limitation, if SMR believes that you have
acted inconsistently with the letter or spirit of the Terms of Service. Further, you
agree that SMR shall not be liable to you or any third-party
for any termination of your access to the Site (or any part thereof). Further, you agree not to attempt to use the
Site after said termination. The Terms
of Service described herein survive any Termination of Service.
12. NO WARRANTIES
THIS WEBSITE AND ITS CONTENT ARE PROVIDED WITH ALL FAULTS ON AN
"AS IS" AND "AS AVAILABLE" BASIS. SUNDAY
MORNING RIDES, LLC., ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE WEBSITE AND
MATERIALS ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN
UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL
BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE WEBSITE AND ITS CONTENT ARE
MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE
OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY
INCAPABLE OF EXCLUSION. NO ADVICE OR INFORMATION GIVEN BY SMR, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES OR AUTHORIZED
AGENTS SHALL CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY THAT CANNOT
BE DISCLAIMED UNDER APPLICABLE LAW. YOUR USE OF THIS
WEBSITE AND ITS CONTENT IS SOLELY AT YOUR OWN RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO
HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO
JURISDICTION.
Your use of the website and Materials is at YOUR OWN RISK and SMR
is under no obligation to provide you with any support, error corrections,
updates, upgrades, bug fixes and/or enhancements of the website and Materials.
Please note that the Site and its Content may include technical
inaccuracies or typographical errors. SMR has the right at any time to change,
modify, add to or discontinue or retire any aspect or feature of the Site or
its Content, including, but not limited to, the software, content, hours of
availability, equipment needed for access or use, or the availability of the
Site or its Content on any particular device or communications service. SMR has
no obligation to provide you with notice of any such changes.
13. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SUNDAY MORNING RIDES, LLC., ITS
DIRECTORS, AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF,
MISUSE OF, INABILITY TO USE, OR RELIANCE UPON THIS WEBSITE OR THE MATERIALS,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS
OPPORTUNITIES, OR PROFITS. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SUNDAY MORNING RIDES, INC. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. SUNDAY MORNING RIDES, INC.’S
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY
LAW.
ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL SUNDAY MORNING RIDES,
LLC. BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR
DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE
OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY
EXTERNAL SITES LINKED FROM THIS WEBSITE.
Without limiting the foregoing, under no circumstances shall
Sunday Morning Rides, LLC. be held liable for any delay or
failure in performance resulting directly or indirectly from acts of nature,
forces, or causes beyond its reasonable control, including, without limitation,
Internet failures, computer equipment failures, telecommunication equipment
failures, other equipment failures, electrical power failures, strikes, labor
disputes, riots, insurrections, civil disturbances, shortages of labor or
materials, fires, floods, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals, non-performance of
third parties, or loss of or fluctuations in heat, light, or air conditioning.
14. INDEMNIFICATION
Upon a request by SMR, you agree to defend, indemnify, and hold
harmless the Sunday Morning Rides, Inc. from all liabilities, claims, and
expenses, including attorney's fees, that arise from
your use or misuse of the Site or its Content.
SMR reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you,
in which event you will cooperate with SMR in asserting any available defenses.
15. DISCLAIMER OF
ENDORSEMENT
Reference herein or on the website to any products, services,
processes, hypertext links to third parties or other information by trade name,
trademark, manufacturer, supplier or otherwise does not constitute or imply its
endorsement, sponsorship or recommendation by SMR. Product and service
information are the sole responsibility of each individual vendor.
16. INTERNATIONAL USE
International users agree to comply with their own local rules
regarding online conduct and acceptable content, including laws regulating the
export of data to the