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Terms of Use

TERMS AND CONDITIONS OF USE

These terms and conditions of use were last updated on February 4, 2013.

 

 

INTRODUCTION.  These terms and conditions of use (the “Terms of Use”) are a contract between you and Red Tricycle Inc. (“Red Tricycle”, “we” or “us”) and apply to our online environment accessible through all domains and subdomains under http://www.redtri.com/ (the “Site”).

We may update these Terms of Use from time to time to reflect new practices or technologies that impact use of the Site. We recommend that you review these Terms of Use on a routine basis to view any changes. The date of the last revision or update appears at the top under the title.  BY USING THE SITE, YOU ARE AGREEING TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE THEN DO NOT USE THE SITE.

SITE INFORMATIONThis Site provides only general information.   You should not rely on any general information on this Site for any advice or treatment relating to illness, physical condition, fitness, wellness, and nutrition.  While we list events of interest in particular areas, we do not check the accuracy of all the information we received.  So, you should check with the host of any event to be sure.

OWNERSHIP AND USE OF SITE CONTENT. The Site is owned by Red Tricycle. Unless otherwise noted, all features and content on or relating to the Site, including without limitation information and other materials, trademarks, trade dress, logos, illustrations, product detail, icons, images, artwork, graphics, photography, text, data, audio sound, software, and infrastructure, as well as their selection, assembly and arrangement (collectively, “Site Content”) are owned by Red Tricycle or are licensed from third parties by Red Tricycle. The Site, in whole and in part, and all Site Content are protected by copyright, trademark, service mark, trade name and other proprietary rights, and all such rights are reserved. You may not access or use the Site, or any portion of it, for any purpose other than to view the Site Content and make personal use of the services provided on the Site in accordance with these Terms of Use.  As such, we authorize you to view or download a single copy of the Site Content solely for your personal, non-commercial use.  You must not, however, delete or alter any copyright or other notice we place on any such Site Content.   All rights not expressly granted herein are reserved.

USER SUBMISSIONSRed Tricycle does not own any content posted or submitted to or communicated via the Site by Site users. Each user who posts content to the Site is solely responsible for that content and its submission.

Red Tricycle welcomes submissions of photos, videos, stories and other content.  If you do submit any content to us, you grant us an irrevocable, royalty-free, perpetual right to use that content in our discretion.  This includes the royalty-free right to copy, display, perform, transmit, and create derivative and collective works of that Content, and allow our business partners and others to do the same (through multiple tiers).  It also includes permission to use the image and likeness of you and any person depicted in any such content for all purposes, without compensation, and a waiver of any rights of attribution, integrity, publicity or privacy you and any person depicted in any such Content may have.

You represent and warrant that any content you submit does not infringe or misappropriate any right of a third party and that you have the right to grant all rights granted in the preceding paragraph.

CHANGES TO SITE AND PRODUCTSThe Site Content as well as the products and services described within the Site are subject to change.  Not all Site Content is available or intended for all geographic areas.

LINKS. The Site, and any content posted to message boards, may contain links to third party websites, which are governed by the terms of use and privacy polices of their owners and operators (“Linked Sites”). Linked Sites are not under the control of Red Tricycle and Red Tricycle is not responsible for their contents. These links are provided only as a convenience, and presence of a link does not imply endorsement of the Linked Sites by Red Tricycle or any association with its operators.  Red Tricycle is not responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Sites.

PROHIBITED CONDUCT. When using the Site, you may not:

Reproduce, retransmit, publish, display, distribute, disseminate, sell, license, sublicense, transfer, rent, lease, broadcast, timeshare, loan, disclose or otherwise make available the Site, the Site Content, or any part thereof, to any third party.

Modify, translate, adapt, alter, reverse engineer or create derivative works based upon the Site, the Site Content, or any part thereof.

Post or communicate any material that is unlawful, harmful, threatening, vulgar, indecent, obscene, defamatory, profane, libelous, harassing, abusive, embarrassing, disparaging, tortuous, infringing, fraudulent, deceptive, hateful, sexually explicit, racially or ethnically objectionable or otherwise objectionable or encouraging of conduct that would constitute a criminal offense or give rise to civil liability.

Post or communicate any material that violates the privacy or publicity rights of another individual, or post, communicate or collect information about other individuals, including personal information and images, without their consent.

Post or communicate any material that would violate any copyright, intellectual property right, or any other right of any entity or individual. Before posting or quoting any content that is owned or protected by a third party under intellectual property laws, a User must obtain all necessary consents or permissions from the owner of the protected content.

Post or transmit materials that contain viruses, malicious code, corrupted files or that may damage the operation of the Site or engage in any activity that circumvents any security features or otherwise interferes with or disrupts any features of the Site, which includes, but is not limited to the use of web robots, crawlers, wanderers and spiders or any product, browser or browser feature that significantly accelerates the speed of page downloads, such as NetJet, NetSonic, MSIE Crawler or Teleport-Pro.

Conduct or forward surveys, contests, pyramid schemes, chain letters, junk mail, spam, phishing or unsolicited mass communication distribution.

Remove any proprietary notices, labels, trademarks or service marks on the Site or any part thereof.

Violate any applicable laws or regulations or promote or encourage illegal activity.

 

NO ENDORSEMENT. Except as may be indicated in particular articles or blogs made by or on behalf of us, Red Tricycle does not pre-screen or control the substance of any content provided by Site users and others and, as such, does not endorse, support, represent, or guarantee the truthfulness, accuracy or reliability of any communication posted or endorse any opinion expressed in any such content or posting. The substance of any Red Tricycle’ article, blog or other message board reflects the thoughts and opinions of the author(s), and does not represent the thoughts, opinions, plans or strategies of Red Tricycle.  Red Tricycle undertakes no obligation to update, correct or modify any statements made by the author(s) of the post. Any reliance on material from the Site is at your own risk.

TAKE DOWN PROCEDURE. Red Tricycle may, in appropriate circumstances and at its discretion, remove or disable access to Site Content or any other content on the Site, including user provided content, if it believes or is notified that certain material may infringe on the rights of others. If you are a copyright owner and you believe that your work has been copied in a way that constitutes copyright infringement, please provide the information requested below to dmca@redtri.com:

A description of the copyrighted work that you claim has been infringed;

 

A link to the infringing material or description of where such material is located on the Site;

 

Information that permits us to contact you, such as your address, telephone number, or e-mail address;

 

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

 

A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

If content you submitted was removed and you believe that the work is not infringing, that you are permitted to use the content pursuant to applicable law or that you have the permission of the copyright owner to exploit your submitted content, you may send your counter-notice to the same contact information above.

 

Although Red Tricycle is not responsible for any user provided content or communications or the conduct of users of the Site, it may take down, terminate, suspend or take other necessary action regarding any such content, communications or conduct at any time if it is made aware of content, communications or conduct that is unlawful, would constitute a criminal offense or give rise to civil liability, or violates these Terms of Use.

 

Notwithstanding the foregoing, Red Tricycle reserves the right to edit, refuse to post or remove any other information or materials from the Site, in whole or in part, for any reason whatsoever, in its sole discretion. Red Tricycle will not be liable or responsible for the performance or nonperformance of such activities.

 

NO OBLIGATION TO MONITOR. Red Tricycle has no obligation to monitor the Site, including for the purposes of removing material that is illegal, inaccurate, offensive or inappropriate or material which otherwise violates these Terms of Use. Notwithstanding the foregoing, Red Tricycle reserves the right to monitor use of the Site at any time.  If we are notified or determine, in our sole discretion, that Site Content contained in the Site violates these Terms of Use or applicable laws, we reserve the right (but not the obligation) to edit or remove such Site Content.

INDEMNIFICATION. You agree to indemnify and hold Red Tricycle and its affiliates, subsidiaries, directors, agents and employees, and third parties associated with the Site harmless against any damages, costs and expenses, including reasonable attorneys’ fees, arising out of or related to your breach or violation of these Terms of Use.

TERMINATION. Red Tricycle, in its sole discretion, reserves the right to terminate your access to and use of the Site or any part hereof. Any such termination may be effected without any prior notice.  Red Tricycle will not be liable to you or any third-party for any termination of your access to the Site.

NO WARRANTIES. THE SITE AND ALL THE CONTENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. RED TRICYCLE AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS.  RED TRICYCLE AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE SITE, DO NOT WARRANT THAT THE SITE OR SITE CONTENT ARE ERROR OR VIRUS FREE, WILL OPERATE WITHOUT INTERRUPTION, OR ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. RED TRICYCLE AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE SITE, DO NOT MAKE ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR QUALITY OF THIRD PARTY CONTENT AND NO USER SHALL HAVE ANY REMEDY AGAINST RED TRICYCLE WITH RESPECT TO THE SAME.

LIMITATION OF LIABILITY. IN NO EVENT SHALL RED TRICYCLE OR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, OR THIRD PARTIES ASSOCIATED WITH THE SITE, BE LIABLE TO ANY USER OR ANYONE CLAIMING THROUGH ANY USER FOR (1) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OR INABILITY TO USE THE SITE OR SITE CONTENT, LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE PERFORMANCE OR NON-PERFORMANCE OF RED TRICYCLE OR THE SITE OR THE CONTENT ACCESSIBLE THROUGH THE SITE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS FORESEEABLE. USERS AGREE THAT THE LIABILITY OF RED TRICYCLE, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS, EMPLOYEES AND THIRD PARTIES ASSOCIATED WITH THE SITE IS LIMITED SOLELY TO YOUR DIRECT DAMAGES AND IN NO EVENT SHALL IT EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50).

PERSONAL INFORMATION.  When you use or access this Site, you give us your consent to collect, process, use, store, and disclose, any nonpublic information or data that identifies you as an individual (“Personal Information”), which you submit or convey through your use of this Site in accordance with Red Tricycle’ Privacy Policy, the terms of which are herein incorporated by reference.  When we refer to our Terms of Use, we mean it shall include our Privacy Policy as well.  For additional information, please see visit: [INSERT LINK TO PRIVACY POLICY].

CONSENT TO RECEIVE NOTICES ELECTRONICALLY. To the extent permitted by applicable law, your use of the Site constitutes your consent to receive all communications from us in connection with the Site or products or services provided (collectively referred hereafter as “Notices”) electronically, either by posting them in this Site or by sending them to an email address that you provide to us. The delivery of any such Notice is effective when posted or sent, regardless of whether you read the Notice. If you want to withdraw your consent to receive such Notices electronically, you must discontinue your use of this Site.

GOVERNING LAW. These Terms of Use are governed by the laws of the State of New York (except for conflict of law provisions).  Any claim related to any dispute arising as a result of the Site or under these Terms of Use will be made before a court of competent jurisdiction located in New York, New York.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms of Use or use of the Site must be filed within one year after such claim or cause of action arose or be forever barred.

MISCELLANEOUS.  Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. These Terms of Use and the Privacy Policy on the Site constitute the entire agreement between you and Red Tricycle and govern your use of the Site, superseding any prior agreements between you and Red Tricycle.  If any provision of these Terms of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable.  The failure of Red Tricycle to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Red Tricycle’ rights with respect to such breach or any subsequent breaches.

COMPLAINTS.  You understand that by using this Site or any materials or services provided in the Site, you may encounter Site Content that may be deemed by some to be offensive, indecent, or objectionable, which Site Content may or may not be identified as such. You agree to use the Site and any related materials or services at your sole risk and that we will have no liability to you for Site Content that may be deemed offensive, indecent, or objectionable. All complaints should be sent to us at the following address: 150 Gate Five Road, Suite 203 Sausalito, CA 94965.

CONTACT US.  If you have any questions about these Terms of Use please contact us at info@redtri.com.

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