BY USING AND/OR VISITING THIS WEBSITE (collectively,
including all Content available through The
Best Rides domain name, the "The Best Rides Website", or
"Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS
(the "Terms of Service") AND THE TERMS AND CONDITIONS OF THE BEST
RIDES'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT
http://www.thebestrides/privacy.html
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms,
then please do not use The Best Rides Website.
These Terms of Service apply to all users of The Best
Rides Website, including users who are also contributors of video content,
information, and other materials or services on the Website. The Best Rides
Website may contain links to third party websites that are not owned or
controlled by The Best Rides. The Best Rides has no control over, and assumes
no responsibility for, the content, privacy policies, or practices of any third
party websites. In addition, The Best Rides will not and cannot censor or edit
the content of any third-party site. By using the Website, you expressly
relieve The Best Rides from any and all liability arising from your use of any
third-party website. Accordingly, we encourage you to be aware when you leave The
Best Rides Website and to read the terms and conditions and privacy policy of
each other website that you visit.
A. The Best Rides hereby grants you permission to use the
Website as set forth in this Terms of Service, provided that: (i) your use of
the Website as permitted is solely for your personal, non-commercial use; (ii)
you will not copy or distribute any part of the Website in any medium without The
Best Rides's prior written authorization; (iii) you will not alter or modify
any part of the Website other than as may be reasonably necessary to use the
Website for its intended purpose; and (iv) you will otherwise comply with the
terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you
will have to create an account. You may never use another's account without
permission. When creating your account, you must provide accurate and complete
information. You are solely responsible for the activity that occurs on your
account, and you must keep your account password secure. You must notify The
Best Rides immediately of any breach of security or unauthorized use of your
account. Although The Best Rides will not be liable for your losses caused by
any unauthorized use of your account, you may be liable for the losses of The
Best Rides or others due to such unauthorized use.
C. You agree not to use or launch any automated system,
including without limitation, "robots," "spiders,"
"offline readers," etc., that accesses the Website in a manner that
sends more request messages to The Best Rides servers in a given period of time
than a human can reasonably produce in the same period by using a convention
on-line web browser. Notwithstanding the foregoing, The Best Rides grants the
operators of public search engines permission to use spiders to copy materials
from the site for the sole purpose of creating publicly available searchable
indices of the materials, but not caches or archives of such materials. The
Best Rides reserves the right to revoke these exceptions either generally or in
specific cases. You agree not to collect or harvest any personally identifiable
information, including account names, from the Website, nor to use the
communication systems provided by the Website for any commercial solicitation
purposes. You agree not to solicit, for commercial purposes, any users of the
Website with respect to their User Submissions.
The content on The Best Rides Website, except all User
Submissions (as defined below), including without limitation, the text,
software, scripts, graphics, photos, sounds, music, videos, interactive
features and the like ("Content") and the trademarks, service marks
and logos contained therein ("Marks"), are owned by or licensed to The
Best Rides, subject to copyright and other intellectual property rights under
English and foreign laws and international conventions. Content on the Website
is provided to you AS IS for your information and personal use only and may not
be used, copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners. The Best Rides
reserves all rights not expressly granted in and to the Website and the
Content. You agree to not engage in the use, copying, or distribution of any of
the Content other than expressly permitted herein, including any use, copying,
or distribution of User Submissions of third parties obtained through the
Website for any commercial purposes. If you download or print a copy of the
Content for personal use, you must retain all copyright and other proprietary
notices contained therein. You agree not to circumvent, disable or otherwise
interfere with security related features of The Best Rides Website or features that
prevent or restrict use or copying of any Content or enforce limitations on use
of The Best Rides Website or the Content
therein.
A. The Best Rides Website may now or in the future permit
the submission of videos or other communications submitted by you and other
users ("User Submissions") and the hosting, sharing, and/or
publishing of such User Submissions. You understand that whether or not such
User Submissions are published, The Best Rides does not guarantee any
confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User
Submissions and the consequences of posting or publishing them. In connection
with User Submissions, you affirm, represent, and/or warrant that: (i) you own
or have the necessary licenses, rights, consents, and permissions to use and
authorize The Best Rides to use all patent, trademark, trade secret, copyright
or other proprietary rights in and to any and all User Submissions to enable
inclusion and use of the User Submissions in the manner contemplated by the
Website and these Terms of Service; and (ii) you have the written consent,
release, and/or permission of each and every identifiable individual person in
the User Submission to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and these Terms of
Service. For clarity, you retain all
of your ownership rights in your User Submissions. However, by
submitting the User Submissions to The Best Rides, you hereby grant The Best
Rides a worldwide, non-exclusive, royalty-free, sublicenseable and transferable
license to use, reproduce, distribute, prepare derivative works of, display,
and perform the User Submissions in connection with The Best Rides Website and CC5
Ventures Ltd (and its successor's) business, including without limitation for
promoting and redistributing part or all of The Best Rides Website (and
derivative works thereof) in any media formats and through any media channels.
You also hereby grant each user of the Best Rides Website a non-exclusive
license to access your User Submissions through the Website, and to use,
reproduce, distribute, prepare derivative works of, display and perform such
User Submissions as permitted through the functionality of the Website and
under these Terms of Service.
C. In connection
with User Submissions, you further agree that you will not: (i) submit material
that is copyrighted, protected by trade secret or otherwise subject to third
party proprietary rights, including privacy and publicity rights, unless you
are the owner of such rights or have permission from their rightful owner to
post the material and to grant The Best Rides all of the license rights granted
herein; (ii) publish falsehoods or misrepresentations that could damage The
Best Rides or any third party; (iii) submit material that is unlawful, obscene,
defamatory, libellous, threatening, pornographic, harassing, hateful, racially
or ethnically offensive, or encourages conduct that would be considered a
criminal offence, give rise to civil liability, violate any law, or is
otherwise inappropriate; (iv) post advertisements or solicitations of business:
(v) impersonate another person. The Best Rides does not endorse
any User Submission or any opinion, recommendation, or advice expressed
therein, and The Best Rides expressly disclaims any and all liability in
connection with User Submissions. The Best Rides does not permit copyright
infringing activities and infringement of intellectual property rights on its
Website, and The Best Rides will remove all Content and User Submissions if
properly notified that such Content or User Submission infringes on another's
intellectual property rights. The Best Rides reserves the right to remove
Content and User Submissions without prior notice. The Best Rides will also
terminate a User's access to its Website, if they are determined to be a repeat
infringer. A repeat infringer is a User who has been notified of infringing
activity more than twice and/or has had a User Submission removed from the
Website more than twice. The Best Rides also reserves the right to decide
whether Content or a User Submission is appropriate and complies with these
Terms of Service for violations other than copyright infringement and
violations of intellectual property law, such as, but not limited to,
pornography, obscene or defamatory material, or excessive length. The Best
Rides may remove such User Submissions and/or terminate a User's access for
uploading such material in violation of these Terms of Service at any time,
without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent
thereof and believe that any User Submission or other content infringes upon
your copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing us with the following
information in writing
(i) A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
(ii) Identification of the copyrighted work claimed to
have been infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such works at
that site;
(iii) Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled and information reasonably sufficient to
permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the
service provider to contact you, such as an address, telephone number, and, if
available, an electronic mail;
(v) A statement that you have a good faith belief that use
of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
(vi) A statement that the information in the notification
is accurate, and under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
The Best Rides's designated person to receive
notifications of claimed infringement is: Chris Cook, Ventures House, 16 Hall
Walk Walkington, Beverley, East Yorkshire, HU17 8TF, email: chris.cook@thebestrides.co.uk ,
telephone: 01482 871756, fax: 01482 871756. You acknowledge that if you fail to
comply with all of the requirements of this Section 5(D), your DMCA notice may
not be valid.
E. You understand that when using The Best Rides Website,
you will be exposed to User Submissions from a variety of sources, and that The
Best Rides is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such User Submissions. You
further understand and acknowledge that you may be exposed to User Submissions
that are inaccurate, offensive, indecent, or objectionable, and you agree to
waive, and hereby do waive, any legal or equitable rights or remedies you have
or may have against The Best Rides with respect thereto, and agree to indemnify
and hold The Best Rides, its Owners/Operators, affiliates, and/or licensors,
harmless to the fullest extent allowed by law regarding all matters related to
your use of the site.
F. The Best Rides permits you to link to materials on the
Website for personal, non-commercial purposes only. In addition, The Best Rides
provides an "Embeddable Player" feature, which you may incorporate
into your own personal, non-commercial websites for use in accessing the
materials on the Website, provided that you include a prominent link back to The
Best Rides website on the pages containing the Embeddable Player. The Best
Rides reserves the right to discontinue any aspect of The Best Rides Website at
any time.
You agree that your use of the best rides website shall be
at your sole risk. To the fullest extent permitted by law, the best rides, its
officers, directors, employees, and agents disclaim all warranties, express or
implied, in connection with the website and your use thereof. The best rides
makes no warranties or representations about the accuracy or completeness of this
site's content or the content of any sites linked to this site and assumes no
liability or responsibility for any (i) errors, mistakes, or inaccuracies of
content, (ii) personal injury or property damage, of any nature whatsoever,
resulting from your access to and use of our website, (iii) any unauthorized
access to or use of our secure servers and/or any and all personal information
and/or financial information stored therein, (iv) any interruption or cessation
of transmission to or from our website, (iv) any bugs, viruses, trojan horses,
or the like which may be transmitted to or through our website by any third
party, and/or (v) any errors or omissionsin any content or for any loss or
damage of any kind incurred as a result of the use of any content posted,
emailed, transmitted, or otherwise made available via the best rides website.
The best rides does not warrant, endorse, guarantee, or assume responsibility
for any product or service advertised or offered by a third party through the
best rides website or any hyperlinked website or featured in any banner or
other advertising, and the best rides will not be a party to or in any way be
responsible for monitoring any transaction between you and third-party
providers of products or services. As with the purchase of a product or service
through any medium or in any environment, you should use your best judgment and
exercise caution where appropriate.
In no event shall the best rides, its officers, directors,
employees, or agents, be liable to you for any direct, indirect, incidental,
special, punitive, or consequential damages whatsoever resulting from any (i)
errors, mistakes, or inaccuracies of content, (ii) personal injury or property
damage, of any nature whatsoever, resulting from your access to and use of our
website, (iii) any unauthorized access to or use of our secure servers and/or
any and all personal information and/or financial information stored therein,
(iv) any interruption or cessation of transmission to or from our website, (iv)
any bugs, viruses, trojan horses, or the like, which may be transmitted to or
through our website by any third party, and/or (v) any errors or omissions in
any content or for any loss or damage of any kind incurred as a result of your
use of any content posted, emailed, transmitted, or otherwise made available
via the best rides website, whether based on warranty, contract, tort, or any
other legal theory, and whether or not the company is advised of the
possibility of such damages. The foregoing limitation of liability shall apply
to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that the best rides shall not
be liable for user submissions or the defamatory, offensive, or illegal conduct
of any third party and that the risk of harm or damage from the foregoing rests
entirely with you.
The Website is controlled and offered by The Best Rides
from its facilities in
You agree to defend, indemnify and hold harmless The Best
Rides, its parent compnany, officers, directors, employees and agents, from and
against any and all claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to legal fees) arising from: (i)
your use of and access to The Best Rides Website; (ii) your violation of any
term of these Terms of Service; (iii) your violation of any third party right,
including without limitation any copyright, property, or privacy right; or (iv)
any claim that one of your User Submissions caused damage to a third party.
This defence and indemnification obligation will survive these Terms of Service
and your use of The Best Rides Website.
You affirm that you are either more than 17 years of age,
or an emancipated minor, or possess legal parental or guardian consent, and are
fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms of
Service, and to abide by and comply with these Terms of Service. In any case,
you affirm that you are over the age of 13, as the The Best Rides Website is
not intended for children under 13. If
you are under 13 years of age, then please do not use The Best Rides Website—there
are lots of other great web sites for you. Talk to your parents about what
sites are appropriate for you.
These Terms of Service, and any rights and licenses
granted hereunder, may not be transferred or assigned by you, but may be
assigned by The Best Rides without restriction.
You agree that: (i) The Best Rides Website shall be deemed
solely based in