Acceptance of Terms
Welcome to RideTheHistory! Please review the following Terms of Service. RideTheHistory requires that all users of www.RideTheHistory.com (“Website”) agree to the terms set forth herein. By utilizing the Website in any manner, including, but not limited to, visiting or browsing the site or contributing content, information, or other materials or services to the site, you agree to be bound by this agreement.
If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of its services. If these terms and conditions are considered an offer by RideTheHistory, acceptance is expressly limited to these terms. The Website is available only to individuals 13 years old or older.
The following terms govern all use of the Website, and all content, services and products available at or through the Website. The Website is owned and operated by RideTheHistory.. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time on this Website by RideTheHistory (collectively, the “Agreement”).
Summary of Service
"RideTheHistory" is .. {to be updated after the website goes live, in a meanwhile, participate in "Guess what's RideTheHistory contest and win prizes.} Wait for updates.
USER RESPONSIBILITIES
Your RideTheHistory.com Account and Site
You are responsible for maintaining the security of your account. You are fully responsible for all activities that occur under the account and any other actions taken in connection with the information you provide.
You must immediately notify RideTheHistory of any unauthorized uses of your account or any other breaches of security. RideTheHistory is not liable for your acts or omissions, including damages incurred as a result of such acts or omissions.
Data Submitted into System
RideTheHistory does not claim ownership of the data (excluding feedback and suggestions) that User posts or uploads, inputs or submits to RideTheHistory (“Content”). By posting, uploading, inputting, providing or submitting Content, User grants RideTheHistory, its affiliated companies and necessary sublicensees permission to use the Content in connection with the operation of their business including, without limitation, the rights to: copy, backup, transmit, reproduce, edit, translate and reformat the Content.
By posting, uploading, inputting, providing or submitting Content, User warrants and represents that it owns or otherwise controls all of the rights to the Content as described in this section including, without limitation, all the rights necessary to provide, post, upload, input or submit the Content. Users are entirely responsible for the content, in any form (text, graphics, audio files, software, etc.), submitted, and any resultant harm therefrom.
Restrictions
Users shall not modify, copy, duplicate, reproduce, disassemble, decompile, license or sublicense RideTheHistory services and products provided, including but not limited to, the RideTheHistory Website and all related webpages.
General Representation and Warranty by Users
User represents and warrants that (i) use of the Website and its services will be in strict accordance with the RideTheHistory Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
As a condition of your use of the RideTheHistory Website, User warrants to RideTheHistory that it will not use its Website and services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. User may not use the Website in any manner which could damage, disable, overburden, or impair or interfere with any other party's use and enjoyment. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for by RideTheHistory.
By making Content available, user represents and warrants that, the Content does not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party. If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any malicious software or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your listing is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; your listing is not named in a manner that misleads your readers into thinking that you are another person or company.
By submitting Content to RideTheHistory for inclusion on the Website, you grant RideTheHistory a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your listing(s).
If you delete Content, RideTheHistory will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, RideTheHistory has the right to, in RideTheHistory’s sole discretion (i) refuse or remove any content that, in RideTheHistory’s reasonable opinion, violates any RideTheHistory policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in RideTheHistory’s sole discretion. RideTheHistory will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors
RideTheHistory has not reviewed, and cannot review, all of the material, including computer software, submitted to the Website and/or mobile application, and cannot therefore be responsible for that material’s content, use, or effects. RideTheHistory does not represent or imply that it endorses the material posted by Users, or that it believes such material to be accurate, useful or non-harmful.
Visitors are responsible for taking the precautions necessary to protect themselves and their computer systems from malicious software and other harmful or destructive content. The Website and/or mobile application may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. RideTheHistory disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content and Links of Third Party Websites
RideTheHistory may contain links to other Websites. These sites are not under the control of RideTheHistory. Therefore RideTheHistory cannot be responsible for the content on these third party websites. RideTheHistory is providing these links to Users as convenience, and the inclusion of any link does not imply endorsement by RideTheHistory.
RideTheHistory cannot review all of the material, including computer software, made available through the third party websites to which RideTheHistory links. RideTheHistory does not have any control over those third party websites, and is not responsible for their content or their use. RideTheHistory explicitly disclaims any responsibility for any harm resulting from your use of these third party websites.
DISCLAIMER AND LIABILITY LIMITATION
Warranty Disclaimer
RIDETHEHISTORY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE SYSTEM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SYSTEM, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PROVIDER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS SYSTEM, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF THE WEBSITE IS DONE SO AT YOUR OWN DISCRETION AND RISK.
Limitation of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RIDETHEHISTORY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SYSTEM AT ANY TIME. ADVICE RECEIVED VIA THE SYSTEM SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. USERS SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO THEIR SPECIFIC SITUATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RIDETHEHISTORY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, MISUSE OR INACCURACY OF DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, WITH THE DELAY OR INABILITY TO USE THE SYSTEM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROVIDER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO A USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS OF USE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM.
RideTheHistory shall not be held liable for loss or corruption of data, as above, caused due to interruptions or other defects in backup. Furthermore, RideTheHistory shall not be responsible for backup of User’s data on a regular basis. It is advised that User may adopt its own procedures for backup of its data if it requires regular or frequent backups.
Indemnification
You agree to indemnify and hold RideTheHistory (its contractors, licensors, and their respective directors, officers, employees, and agents) harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website and its related services, or arising from your breach of this Agreement.
You are solely responsible for your interactions with merchants and other users of the Website. To the extent permitted under applicable laws, you hereby release RideTheHistory from any and all claims or liability related to any product or service of a merchant, any action or inaction by merchant, including merchant’s failure to comply with applicable law, and any conduct or speech, whether online or offline, of any other user.
MISCELLANEOUS
Intellectual Property
This Agreement does not transfer from RideTheHistory to you any RideTheHistory or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with RideTheHistory. RideTheHistory’s Website, logos, graphics, and all other intellectual property used in connection with RideTheHistory are trademarks or copyrights of RideTheHistory or RideTheHistory’s licensors. Other intellectual property used in connection with the Website may belong to other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any RideTheHistory or third-party intellectual property.
Modifications to Terms of Service
RideTheHistory reserves the right, at its sole discretion, to modify, add or remove portions of this Agreement at any time. Please check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes your binding acceptance of such changes. RideTheHistory may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms of this Agreement.
Termination
RideTheHistory may terminate these Terms of Service at any time. Without limiting the foregoing, RideTheHistory shall have the right to immediately terminate or suspend any of your passwords or accounts in the event RideTheHistory considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement.
RideTheHistory may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may cancel your account at any time. All provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law and Venue
This Agreement shall be construed and enforced in accordance with the laws of the state of California. Any legal proceeding shall be in the County of []. In case of legal action, the prevailing party shall be entitled to reasonable attorney’s fees in addition to any other relief to which the party may be entitled.
Entire Agreement, Severability
This Agreement, accepted upon your access and use of the Website contains the entire agreement between you and RideTheHistory regarding the use of the Website. This Agreement may not be orally amended, and may only be modified by a written amendment signed by an authorized executive of RideTheHistory, or by the posting of a revised version of the terms by RideTheHistory. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
No Implied Waiver
Either party's failure to insist in any one or more instances for strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
Advertising
RideTheHistory reserves the right to display advertisements on its Website and any related RideTheHistory webpages.
Availability of the Site
Features or services available within the Website may be discontinued at any time without notice.
Headings
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
Please contact us at info@RideTheHistory.com with any questions regarding this Agreement