Terms And Conditions

Date of Last Revision: 01 April 2017

IMPORTANT NOTICE:

The following Terms of Use “(Terms of Use”) apply to all use, download and installation of the MyRide apps (”MyRide”) as made available by My Ride Inc.

Where certain clauses of these Terms of Use only apply in particular circumstances, for example to use the MyRide iOS App, those circumstances are explained below.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING MYRIDE, AS IT EXPLAINS HOW YOU ARE LICENSED TO USE MYRIDE. IF YOU HAVE QUERIES CONCERNING THESE TERMS OF USE YOU MAY CONTACT US AT myride630@gmail.com.

BY USING MYRIDE YOU ARE TELLING US THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE, PRIVACY POLICY AND MYRIDE GUIDELINES. IF YOU DO NOT ACCEPT OR UNDERSTAND THESE TERMS OF USE OR ANY PART OF THEM, YOU SHOULD NOT USE OR ACCESS MYRIDE OR ANY PART OF IT. THESE TERMS OF USE FORM A LEGALLY BINDING AGREEMENT.

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.

1. INTRODUCTION

1.1. MyRide is owned and operated by My Ride Inc., referred to as “us”, “we”, and “our” in these Terms of Use. We are a company based and registered in United States.

2. IMPORTANT NOTE ABOUT MOBILE DATA USAGE

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. DETAILS ON SETTING UP AN ACCOUNT

3.1. You need to set up an account in order to use and access MyRide apps. To set up an account you will need to register using your Facebook or Instagram account or create a new account. We will process the information you give us in setting up an account in accordance with our Privacy Policy.

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.

3.6. In the event that you breach any provision of these Terms of Use or Community Guidelines, we may suspend or delete your access to MyRide and/or remove content created/uploaded by you.

4. ABOUT THE OWNERSHIP OF MYRIDE AND ORIGINAL CONTENT.

4.1. Subject to the retained ownership of Content (which is owned by the user), all right, title, interest and ownership rights and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefor and other intellectual property rights (together “Intellectual Property Rights”) in MyRide apps belongs to us and/or our licensors. All rights are asserted and reserved, save for those granted under these Terms of Use. MyRide may contain licensed materials and our licensors may act to protect their interests in the event of any breach of these Terms of Use

4.2. Subject to your compliance with all conditions of these Terms of Use, we grant you a non-exclusive, personal, revocable, non-transferable license to (i) stream and view the Content and Original Content for your own private, personal and non-commercial use on MyRide and (ii) to share the Content and Original Content in accordance with the social media functions made available by us on MyRide and the license under these Terms of Use.

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. HOW WE USE YOUR UPLOADED CONTENT (I.E PHOTOS, COMMENTS ETC)

5.1. As an account holder, you may upload photographs and other content to MyRide (“Content”).

5.2. You shall retain ownership of your posted Content, but you will be granting us certain rights to use your content as set out in clause 5.7 of these Terms of Use. This means that you are free to reuse your Content on any other website or mobile app.

5.3. You are solely responsible for ensuring that you own all necessary rights and have obtained all necessary permissions relating to the Content to be able to grant us the rights set out in these Terms of Use.

5.4. We do not endorse any Content, nor do we endorse any opinion, recommendation or advice expressed in the Content.

5.5. By uploading Content, you agree that your Content complies with these Terms of Use and our Community Guidelines.

5.6. We do not review any Content before it is submitted by users, and you may therefore be exposed to content which is inaccurate, false, offensive, illegal or indecent. In the event that you become aware of any Content that is contrary to the Community Guidelines or these Terms of Use, please contact us via the details set out at clause 9.

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.

5.9. We shall be entitled to remove, restrict or suspend or alter your account and any Content (and the ability to share or create Content) for any reason in our discretion including, without limitation, because conduct or Content associated with such account or is or may be in breach of these Terms of Use or Content Guidelines.

5.10. You agree we may use, publish, edit, modify and adapt the Content you make available, or post to or transmit to MyRide to enable us to exercise the rights granted under these Terms of Use.

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.

5.12. You agree and undertake that you are entitled to make available the Content and license it and grant us the rights set out in these Terms of Use, and that your Content complies with our Community Guidelines (as may be updated from time to time).

6. MYRIDE GUIDELINES

6.1. The purpose of MyRide is to connect car enthusiasts and petrolheads all over the world and create an atmosphere of global automotive experience sharing. We want MyRide to become the main place to visit and keeping in touch for motor vehicles enthusiasts, and as part of this we have introduced a set of guidelines that all users of MyRide must follow to keep a bit of law and order. We will be a community driven site but controlled by us in keeping with the Terms of Use and Community Guidelines.

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.

6.3. Any breach by you of any part of the Community Guidelines will be a breach of these Terms of Use.

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.

7. CLICKING ON LINKS TO WEBSITES

7.1. Where we make available links to other websites or apps through MyRide apps, such links are provided for your information and convenience only. We are not responsible for the content or performance of the linked website or app, and you are responsible for reviewing the linked website’s or app’s Terms of Use.

8. NECESSARY SYSTEM AND PLATFORM REQUIREMENTS

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.

8.2. Your access to or use of MyRide or certain features of it may require you to have an Apple iTunes, Google Play or other account with a third party or with us. Your access to and use of MyRide may be linked to your Apple, Google, or other account and you are required to comply with the Terms of Use which apply to any such account in order to use 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:

8.4.1. Acknowledgement: You and we acknowledge that these Terms of Use constitutes an agreement which is concluded between you and us only, and not with Apple Inc, nor any subsidiary or affiliate company of Apple Inc, (“Apple”). You also acknowledge that we are solely responsible for the App and the content within the App.

8.4.2. Grant of License: Subject to, and in consideration of, your compliance with all conditions of these Terms of Use we grant you a non-exclusive, personal, revocable, non-transferable license to use the App and content in the App for your lifetime on an iOS product which you own or control, and as permitted by the usage rules set forth in the App Store Terms (https://www.apple.com/uk/legal/internet-services/terms/site.html), and in accordance with our Privacy Policy.

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.

8.4.7. Third Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that when you accept the Terms of Use of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

9. COPYRIGHT INFRINGEMENT & BREACH OF COMMUNITY GUIDELINES

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 myride630@gmail.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.

10. INDEMNITY / COMPENSATION TO US

10.1. Without limiting our other legal rights and remedies, you agree to indemnify (compensate) us and keep us indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of MyRide or arising from any breach or suspected breach of these Terms of Use by you or your violation of any law or the rights of any third party. Without limiting our other legal rights and remedies, you agree to indemnify (compensate) us and keep us indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of MyRide or arising from any breach or suspected breach of these Terms of Use by you or your violation of any law or the rights of any third party.

11. TERM AND TERMINATION

11.1. These Terms of Use takes effect upon your download, installation and/or use of any part of MyRide and remain effective until terminated by either of us. You may terminate these Terms of Use at any time by deleting all copies of apps and other materials received by you through MyRide and by ceasing to use MyRide. The Terms of Use shall automatically terminate if you fail to comply with any term or condition of these Terms of Use. Upon termination you shall cease all use of MyRide and delete all copies of apps and other materials received by you through MyRide. Termination shall not affect any accrued rights or obligations up to the time such termination becomes effective.

12. SUPPORT AND CONTACTING US

12.1. If you need any help and support please email myride630@gmail.com and we shall assist you.

13. THIRD PARTY SERVICES

13.1. We may link to, incorporate or use third party software and services such as social networking or sharing features within MyRide. Use of any such software or service is subject to the terms of those third parties, and you agree to comply with any such third party Terms of Use when using MyRide.

14. OUR LIMITATIONS OF LIABILITY

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.

14.5. NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATIONS OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THAT OF OUR EMPLOYEES OR AGENTS.

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).

14.7. nothing in these Terms of Use shall limit your statutory consumer rights.

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. RESTRICTIONS

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:

15.1.1. sell, distribute, reproduce, transfer, publically display, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble, rent, lease, loan, sub-license or otherwise deal in copies or reproductions of MyRide, Original Content or Content of other users in any way except as expressly permitted by these Terms of Use;

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. TRADE MARK

16.1. “The My Ride” word mark is registered trade mark of ours in the United States, and all rights are reserved by us.

17. ENTIRE AGREEMENT

17.1. These Terms of Use sets out the complete understanding and agreement between us and you in respect of its subject matter and may only be amended or waived in writing by us.

18. NO WAIVER

18.1. No waiver by us of any failure by you to comply with or perform a provision of these Terms of Use shall constitute a waiver of any preceding or succeeding failure.

19. ASSIGNMENT

19.1. These Terms of Use is personal to you. You may not assign, sub-license, transfer or dispose of your rights or obligations under this agreement.

20. CHANGES TO THESE TERMS OF USE

20.1. We may change these Terms of Use for any legal, regulatory or security reasons, or for any other reason we reasonably decide, including without limitation, where such change is required or encouraged by a third party service provider. We will notify you of any changes and you will be required to accept the changes to continue to use MyRide.

21. SEVERANCE

21.1. If any provisions of these Terms of Use are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

22. GOVERNING LAW AND JURISDICTION

22.1. Subject always to applicable mandatory consumer protections including those of your country:

22.1.1. in the event of any dispute between you and us regarding these Terms of Use and/or your use of MyRide, the laws of United States will apply; and

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.

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