Date of Last Revision: 01 April 2017
IF YOU ARE UNDER THE AGE OF 18 AND DO NOT UNDERSTAND THIS DOCUMENT PLEASE ASK A PARENT OR GUARDIAN TO EXPLAIN ITS MEANING TO YOU. IF YOU ARE UNDER THE AGE OF 13 YOU MAY NOT USE MYRIDE.
2.1. Please note that your use of MyRide requires an internet connection. We recommend you use a Wi-Fi service rather than mobile data connection if you have a limited mobile data package, and we are not responsible for the use of your data package and any additional costs you may incur. Downloading/uploading pictures can use large amounts of data and you should therefore switch to Wi-Fi data connections where possible.
3.2. Your username and password is personal to you and you should not share it or disclose it to any third party without our prior written permission.
3.3. You agree that:
3.3.1. you will ensure that the information we hold about you is accurate and up to date;
3.3.2. you are solely responsible for maintaining the confidentiality of your account details;
3.3.3. you are solely liable for any use of MyRide using your account;
3.3.4. all user information you supply is accurate and truthful about you, and you shall not set up an imposter or fake account for any other person
3.4. Your account details and use of your account must comply with our Community Guidelines.
3.5. We are not liable for any improper use of your account or any use of your account by any third party. If you think your account has been compromised, please inform us immediately.
4.3. We retain and reserve all rights in the media and other content posted by us, our directors and employees (“Original Content”), including but not limited to content created by us or any of our group companies or featuring our presenters. Original Content may be viewed by you on MyRide apps and shared using the social media functionality made available on MyRide. You may not copy, broadcast or use the Original Content for any other purposes without our prior written consent. All our rights on the Original Content are reserved by us.
5.1. As an account holder, you may upload photographs and other content to MyRide (“Content”).
5.4. We do not endorse any Content, nor do we endorse any opinion, recommendation or advice expressed in the Content.
5.7. Your license to us (and our group companies) to use your Content:
By uploading your Content to MyRide, you grant us (and our group companies) all necessary rights, licenses and permissions to:
(1) use, copy, edit, stream, distribute, store, share and generally make available and exploit your Content on MyRide;
(2) to allow us to grant other users of MyRide the right to view and share your Content on MyRide and via other website and social media sites using MyRide sharing and embedding functionality.
(3) use your Content to promote MyRide online, and for this purpose, you allow us to create derivatives and edits of your Content, and combine it with other users' Content and Original Content.
The license you grant to us is:
a. on a non-exclusive basis, meaning you can use your own Content elsewhere;
b. royalty free, meaning that we do not pay you for uploading your Content and granting us the rights to use your Content;
c. is sub-licensable and transferable by us, so that we can grant necessary licenses and permissions to enable us to provide the MyRide and generally exploit the rights you grant us;
d. on a worldwide basis, so that we can make the content available via the internet and without any other country restrictions;
e. can be ended by you on written notice to us, save that you acknowledge that certain content that you upload will remain on MyRide as set out in clause 5.8 below and that we may continue to use your content in any promotional or marketing content created by us.
Whilst we may, in future, place advertising on MyRide or introduce adverts in the MyRide apps before, during or after your Content, we will not sell your Content to any third party. If we do allow advertising on MyRide then we will not put in place a revenue share arrangement so that you cannot share in advertising revenue generated from your Content, and we will not update you on our plans if and when such an arrangement comes into force.
5.8. You may delete your Content from MyRide using your account profile. However, our right to continue to use your Content outside of MyRide for promotional purposes shall continue as set out above.
5.11. You agree that we do not have to credit any persons or other media in your Content, and you waive all so called moral rights in the Content.
6.2. Your Content, Account and use of MyRide must therefore comply with the Community Guidelines which are incorporated by reference here, and available for review by you here.
6.4. You agree we have no responsibility to review the contents of any Content before it is made available on MyRide. For the avoidance of doubt, the views expressed in any Content are the views of the individual authors and not those of us unless expressly specified otherwise by us.
6.5. IT IS A KNOWN RISK OF INTERNET USAGE THAT PEOPLE ARE NOT NECESSARILY WHO THEY SAY THEY ARE. PEOPLE MAY PROVIDE INFORMATION OR BEHAVE IN A WAY THAT IS UNRELIABLE, MISLEADING, UNLAWFUL OR ILLEGAL. WE HAVE NO WAY OF TELLING IF STATEMENTS MADE BY OTHER USERS ARE TRUE. THIS IS A DECISION THAT CAN ONLY BE MADE BY YOU. YOU SHOULD THEREFORE EXERCISE SOME DEGREE OF CAUTION WHEN USING ANY WEBSITE. BY USING MYRIDE YOU ACCEPT THAT THIS IS THE CASE AND ACCEPT THAT YOU THEREFORE USE MYRIDE AT YOUR OWN RISK. PLEASE TAKE PARTICULAR CARE IN RELATION TO THE DISCLOSURE OF YOUR OWN PERSONAL INFORMATION SUCH AS YOUR SURNAME, ADDRESS, EMAIL ADDRESS, TELEPHONE NUMBER AND PLACES YOU GO.
8.1. MyRide apps are developed to work on the version of the operating system and/or device platform available at the time of their release or such other version as may be notified to you when obtaining the apps. Platform, operating system and device vendors may from time to time update their software and/or devices, and we may, but shall not be obligated to, update MyRide if necessary to ensure that its functionality and performance continue with any such update. It is your obligation to ensure that you are using the latest compatible public release of any such device, operating system or platform. We may require you to update your apps and other software to continue using MyRide.
8.3. You may require an internet connection, which you must procure at your own expense, to use some features of MyRide.
8.4. By installing or using any apps distributed as part of MyRide (“App” below) on iOS you agree that these terms (which we are required by Apple to incorporate) shall apply:
8.4.3. Maintenance and Support: We are solely responsible for providing support and maintenance for the App. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
8.4.4. Product Claims: You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
8.4.5. Intellectual Property Rights: You acknowledge that in the event of a third party claim that the App, or your possession and use of the App infringes that third party’s intellectual property rights, then we shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property right infringement claim, and not Apple.
8.4.6. Legal Compliance: You represent and warrant that: (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and (ii) you are not listed on any US Government list of prohibited or restricted parties.
9.1. In the event that you consider that any content infringes your intellectual property or other proprietary rights, please notify us by email to email@example.com setting out full details of the infringed rights or breach of the Community Guidelines.
9.2. When reporting any instances of copyright or other proprietary rights infringement, or other breach of the guidelines, please include the following information:
9.2.1. An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright protected content;
9.2.2. A description of the copyrighted protected content that you believe has been infringed upon;
9.2.3. A full description of where on MyRide the alleged infringing content can be found (including the relevant link);
9.2.4. Your address, telephone number, and e-mail address so that we may contact you;
9.2.5. A statement by you that in your reasonable belief the use of the content is not authorised by the copyright owner, its agent, or the law;
9.2.6. A statement by you that the information contained in this notice, and any other information we may reasonably require from you in order to enable us to resolve the issue of copyright infringement (whether actual or alleged) is accurate and that you are either the copyright owner or authorised to act on the copyright owner's behalf.
9.3. Please note that when issuing any complaints regarding the content, then such an action is initiating a legal claim process. We may require you to provide further details or evidence before we can act upon your claim.
12.1. If you need any help and support please email firstname.lastname@example.org and we shall assist you.
14.1 MyRide is provided ‘AS IS’ and on an ‘AS AVAILABLE’ basis without any representation, endorsement or warranty of any kind OTHER THAN THAT IT WILL BE OF SATISFACTORY QUALITY, AS DESCRIBED, AND FIT FOR PURPOSE.
14.2. We do not guarantee that MyRide will be (i) free of errors, viruses or bugs or other defects; or (ii) that MyRide or any information displayed or distributed through MyRide or in the ACCOMPANYING Documentation will be accurate or complete; or (iii) that any defects in MyRide will be corrected; OR (IV) THAT OPERATION OF MYRIDE WILL BE UNINTERRUPTED.
14.3. WE SHALL HAVE NO LIABILITY IN RESPECT OF THE CONTENT, TRANSMISSION, RECEIPT, HOSTING, PROCESSING OR OTHER USE OF ANY CONTRIBUTION.
14.4. You acknowledge that USE OF MYRIDE OR reliance on any CONTRIBUTION OR information OBTAINED THROUGH MYRIDE shall be at your sole risk.
14.6. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING IN YOUR LOCAL JURISDICTION, WE EXCLUDE ALL OTHER LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING ANY LIABILITY OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM (SAVE TO THE EXTENT THAT DAMAGE TO YOUR DEVICE OR OTHER DIGITAL CONTENT WHICH YOU OWN IS CAUSED BY MYRIDE AS A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN WHICH CASE YOU MAY BE ENTITLED TO COMPENSATION OR WE MAY BE OBLIGED TO REPAIR YOUR DEVICE).
14.8. our ENTIRE LIABILITY TO YOU, and to the extent we can not exclude it, WHERE PERMISSIBLE BY LAW, SHALL BE LIMITED TO $100.
15.1. Save where we have expressly agreed otherwise with you in a separate agreement, you may only use MyRide and Content for your personal, private and non-commercial use, and must not:
15.1.2. remove, delete, obscure, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices and legends contained on or in MyRide or Original Content, Content of other users;
15.1.3. remove, disable or circumvent any copy protection software contained on or within MyRide or Original Content or Content.
16.1. “The My Ride” word mark is registered trade mark of ours in the United States, and all rights are reserved by us.
22.1. Subject always to applicable mandatory consumer protections including those of your country:
22.1.2. you agree that in the event that we are unable to settle any dispute with you informally, then any court or arbitration proceedings shall be held in United States.