MPLS BIKE LOVE™ SITE OWNER AGREEMENT AND SOFTWARE LICENSE TERMS
MPLS Bike Love, LLC. (MPLS Bike Love) provides MPLS Bike Love, a forum-based website, to individuals and organizations for use in connecting with others in the greater Minneapolis and Saint Paul cycling community.
The following are the terms and conditions for use of MPLS Bike Love, the “Services.” By signing in to MPLS Bike Love, you accept these terms and conditions.
1. Acknowledgements. Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
MPLS Bike Love may only be used for lawful purposes.
Your use of the Service is subject to the MPLS Bike Love Prohibited Content and Commerce Statement (below).
MPLS Bike Love may not be used in any way for the sending of unsolicited email (sometimes called “spam”).
2. Services and Support
2.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use the Services.
2.3 You will provide true, accurate, current, and complete information about yourself as requested. You are responsible for maintaining the security of your account, passwords, and files.
3. Website, Email Hosting & Permission Practices
3.1 You cannot copy a MPLS Bike Love template or any other features or functionality from the Services and use them for personal purposes or individual gain.
3.2 MPLS Bike Love, at its own discretion, may immediately disable your access without refund to the Services if MPLS Bike Love believes in its sole discretion that you have violated the MPLS Bike Love Prohibited Content and Commerce Policy.
3.3 You are responsible for complying at all times with the MPLS Bike Love Prohibited Content and Commerce Statement (below).
4. Restrictions and Responsibilities
4.1 MPLS Bike Love will not use your information or any other customer information for any other purposes than those intended with the Service. Your customer information will not be shared with any other parties unless required by law.
4.2 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.
You may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Services or the Software, or any content that is not your own. Violation of these restrictions may result in the termination of this Agreement.
4.3 The Services shall be used for your personal (which includes civic or charitable) purposes only, and you shall not use the Services or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
4.4 You acknowledge and agree that the Services and the MPLS Bike Love and MPLS Bike Love company names and logos and all related product and service names, design marks and slogans, are the property of MPLS Bike Love or its affiliates or suppliers (collectively, the “Marks”). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of MPLS Bike Love. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks.
4.5 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You hereby agree to indemnify and hold harmless MPLS Bike Love and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. In addition, you acknowledge and agree that MPLS Bike Love has the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Although MPLS Bike Love has no obligation to monitor the content provided by you or your use of the Services, MPLS Bike Love may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.
4.6 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or your local area is prohibited. For details, see MPLS Bike Love’s Prohibited Content and Commerce Policy below.
4.7 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to MPLS Bike Love. MPLS Bike Love may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of MPLS Bike Love, MPLS Bike Love may share your information with the Marketing Partner and the Marketing Partner may share information with MPLS Bike Love. MPLS Bike Love will not provide information to companies you have not authorized for that purpose unless required by law or if you are terminated from MPLS Bike Love due to unsolicited commercial email being sent from your MPLS Bike Love account.
5.1 You may terminate this Agreement at any time by deleting your account(s) on MPLSBikeLove.com.
5.2 MPLS Bike Love may terminate this Agreement or the Services, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. MPLS Bike Love shall have no liability to you or any third party because of such termination or action.
5.3 MPLS Bike Love may delete any of your archived data from the Services within 30 days after the date of termination. MPLS Bike Love will provide upon request all customer content entered into MPLS Bike Love for a fee. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
5.4 If your account is classified (at MPLS Bike Love’s sole discretion) as inactive for over 120 days, MPLS Bike Love has the right to permanently remove your subscriber data from the Services. MPLS Bike Love will attempt to contact you via email prior to taking any permanent removal actions.
6. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. MPLS BIKE LOVE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND MPLS BIKE LOVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for MPLS Bike Love to use commercially reasonable efforts to adjust or repair the Services.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MPLS BIKE LOVE OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “MPLS BIKE LOVE”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF MPLS BIKE LOVE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, MPLS BIKE LOVE IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF MPLS BIKE LOVE TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
8. Export of Services or Technical Data
You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
9.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
9.2 MPLS Bike Love and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supercedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
9.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind MPLS Bike Love in any respect whatsoever.
9.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
9.5 The Agreement shall be governed by the laws of the State of Minnesota, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Minneapolis, Minnesota.
9.6 MPLS Bike Love is a trade name of MPLS Bike Love, LLC., a Minnesota corporation.
9.7 MPLS Bike Love, MPLS Bike Love.com, associated MPLS Bike Love products, and the systems, technologies and applications included therein are the exclusive property of MPLS Bike Love, LLC.
9.8 Trademarks: MPLS Bike Love and all MPLS Bike Love Logos, are trademarks or service marks or registered trademarks or service marks of MPLS Bike Love, LLC. All other company and product names may be trademarks or service marks of their respective owners.
9.9 Changes: The documents and graphics published on this server could include technical inaccuracies or typographical errors. Questions or problems regarding this web site should be directed to info[at]mplsbikelove.com. MPLS Bike Love, LLC. and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
9.10 Copyright: Copyright © 2011 MPLS Bike Love, LLC. All rights reserved. Except as permitted under a separate written agreement with MPLS Bike Love, LLC., neither the MPLS Bike Love software, nor any content that appears on any MPLS Bike Love site, including but not limited to, web pages, newsletters, or templates may be reproduced, republished, repurposed, or distributed without the prior written permission of MPLS Bike Love. For inquiries regarding reproduction or distribution of any MPLS Bike Love material, please contact info[at]mplsbikelove.com.
10. MPLS Bike Love Prohibited Content and Commerce Statement
MPLS Bike Love prohibits the use of mplsbikelove.com by any entity that engages in any of the following:
10.1 Provides, sells or offers to sell the following products or content (or services related to the same): pornography or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons
10.2 Displays material that exploits children, or otherwise exploits children under 18 years of age
10.3 Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in case of a minor)
10.4 Sells or promotes any products or services that are unlawful in the location at which the content is posted or received
10.5 Introduces viruses, worms, harmful code and/or Trojan horses on the Internet
10.6 Promotes, solicits or participates in pyramid schemes
10.7 Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner