Bike Streets Terms of Service
Welcome to Bike Streets. We want you to know and understand your rights and our rights relating to the provision of the Services (as defined below). Please review them carefully. Here are a few highlights:
The Bike Streets, LLC (“Bike Streets”) website, maps, mobile application (“App”), content, documents, Routes (defined below), materials, blogs, programs, events and services (collectively, the “Services”) are made available to you by Bike Streets subject to these Terms of Service and the Bike Streets Privacy Policy (collectively the “Terms”). The "Privacy Policy" means the Bike Streets privacy policy available at bikestreets.com/privacy, as may be updated from time to time. Be sure to review all these documents as they are legally binding contracts which affect you. More information about the Services may be found at bikestreets.com. You agree to comply with these Terms and any Bike Streets policies made available to you on the Services. By accessing, using, uploading or downloading any information or materials to or from the Services, or by indicating your assent to these Terms by CREATING AN ACCOUNT, clicking “Sign up,” “Register,” or any similar mechanism, you are agreeing to these Terms. If you do not agree to the Terms, you cannot access or use the Services.
If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such cases, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you. Exhibit B contains terms from our distribution channel partners, Apple and Android.
Registration and Accounts
The Services are intended solely for persons who are 18 years old or older. If you are under the legal age to form a binding contract in your jurisdiction, or under the age of 18, do not use the Services.
To use some of the Services, you must register. Where registration is required, you agree to: (a) provide true, accurate, current and complete information about yourself (“Member Data”) and (b) maintain and promptly update the Member Data. You agree that Bike Streets may use your Member Data to provide Services for which you have expressed interest and as otherwise set forth in these Terms. If you provide any information that is inaccurate or not current, or Bike Streets has reasonable grounds to suspect that such information is inaccurate or not current, Bike Streets has the right to suspend or terminate your account and refuse current or future use of the Services.
You accept sole responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify Bike Streets of any breach of security, and to accept all risks of unauthorized access to the Member Data and any other information or content you provide to Bike Streets.
Payments
To pay any fee, you must designate and provide information about your preferred payment method (the “Payment Method”). If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. No refunds or credits will be provided by Bike Streets, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via info@bikestreets.com.
Memberships
Bike Streets offers access to the Services (or portions thereof) on an annual subscription basis as part of its membership program (each, a “Membership”). The following terms apply to Memberships:
Your Membership term is monthly (each, a “Membership Term”), as described in the offer details while purchasing such Membership. Your Membership will automatically renew for additional terms of equivalent duration, until your Membership is cancelled by you as specified below, or suspended or terminated by Bike Streets. Unless otherwise indicated by Bike Streets, your Payment Method will be charged prior to, or at the beginning of, each Membership Term for the Membership fee plus any applicable taxes and other charges. Before charging you for a Membership Term, Bike Streets will notify you of the applicable fees, and the renewal will occur at the price then in effect for the applicable Services.
You may cancel your Membership at any time by following the instructions in the “Cancellation” Section immediately below.
Cancellation
You may cancel your Membership at any time by emailing us at info@bikestreets.com, or through other termination processes we offer through the Services. Your cancellation will take effect at the end of the then-current Membership Term. When you cancel a Membership, you cancel only future charges for your Membership. You will not receive a refund for the then-current Membership Term you paid for, but you will continue to have full access to that Membership until the end of that Membership Term.
You may request deletion of your personally identifiable information by contacting us at info@bikestreets.com.
Services
Bike Streets provides the Services, including any maps, directions, route suggestions, “low-stress” indicators, and other route-related information (collectively, “Routes”), solely as a convenience and for general informational purposes. Routes are based on data and inputs that may be incomplete, outdated, inaccurate, or not reflective of current conditions. Routes may be provided by other users of the Services. Conditions may change rapidly (including due to traffic, construction, weather, events, closures, surface conditions, crime, lighting, signage, or other hazards). You are solely responsible for evaluating the suitability and safety of any Route for your circumstances, exercising independent judgment, using appropriate equipment, complying with all applicable laws and posted signage, and taking all appropriate safety precautions. Bike Streets does not represent, warrant, or guarantee that any Route is safe, appropriate, accurate, complete, legal, or available, or that any Route will not involve hazards or travel through restricted areas, private property, or areas requiring additional permissions.
Bike Streets may modify, update, suspend, discontinue, remove, disable, limit, or re-rank all or any portion of the Services or any Routes at any time, with or without notice, including without limitation to: (a) correct errors or improve quality; (b) address safety, legal, or policy concerns; (c) respond to user reports; (d) comply with law or requests from governmental authorities; or (e) protect Bike Streets, users, or third parties. Without limiting the foregoing, Bike Streets may remove, revise, annotate (including with warnings), restrict visibility of, or otherwise moderate any route, content, or other submission you provide through the Services (“Submitted Routes”) at any time in its sole discretion, and Bike Streets has no obligation to host, display, maintain, or continue to make available any Submitted Routes.
You acknowledge and agree that (i) Bike Streets has no duty to monitor, verify, pre-screen, or validate Routes or Submitted Routes; (ii) any use of Routes or Submitted Routes is at your own risk; and (iii) Bike Streets will not be responsible or liable for any changes to, removal of, or inability to access the Services, Routes, or Submitted Routes, including any resulting loss of data, loss of access, or other impacts.
Exhibit C applies to any Events (defined in Exhibit C) offered or promoted through, or associated with the Services, and you agree to the terms of Exhibit C.
Member Content and Conduct
You own the information, data, text, software, sound, photographs, graphics, video, messages, posts, tags, or other materials you upload or make available to the Services other than Routing Data (defined below) (“Content”), whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram). You grant us a non-exclusive, transferable, perpetual, irrevocable, sub-licensable, royalty-free, worldwide license to use any Content that you post on or in connection with the Services.
You understand that you, and not Bike Streets, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Bike Streets does not control, screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. Bike Streets may, in its sole discretion, screen, monitor, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable to Bike Streets in its sole discretion. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Bike Streets be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred because of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree that Bike Streets is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and Bike Streets, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Bike Streets is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Bike Streets in a position that is any different from the position held by members of the general public, including regarding your Content. Your Content will not be subject to any obligation of confidence on the part of Bike Streets other than as set forth in the Privacy Policy, and Bike Streets will not be liable for any use or disclosure of any Content you provide.
The Services may provide you with the option of making certain Content that you submit to the Services as private or available only to select users of the Services. If, upon submission of Content to the Services, you initially elect to mark such Content as private or available for a limited group of members, Bike Streets will maintain the privacy of such Content in accordance with your election. However, if you do not elect to mark your Content as private or available for a limited group of members, or later change such designation to allow such Content to be made publicly available, you are responsible for the public nature of the content. Please review our Privacy Policy for more information on how to manage your privacy settings.
The Services are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Services, or assist or encourage any other party, to engage in any of the following “Prohibited Activities”:
Copying, framing or mirroring any part of the Services;
Accessing the Services to monitor its availability, performance or functionality;
Permitting any third party to access the Services;
Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Bike Streets;
Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Bike Streets internet protocol space;
Avoiding payment of charges or fees payable by you with respect to the Services;
Committing any act that may be harmful to minors;
Distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to Bike Streets than a human can reasonably produce in the same period by using a conventional web browser;
Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
Collecting or harvesting any personally identifiable information, including account names and information about users of the Services, from the Services;
Using the Services for any commercial solicitation purposes;
Accessing any content on the Services through any technology or means other than those provided or authorized by the Services;
Submitting to the Services or to Bike Streets any personally identifiable information, except as necessary for the establishment and operation of your account;
Submitting to the Services or to Bike Streets any information that may be protected from disclosure by applicable law;
Bypassing the measures we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability, including, without limitation, trespassing or gaining or attempting to gain access to any property to which you do not have the right to access;
Removing any copyright, trademark or other proprietary rights notices contained in or on the Services; or
Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.
You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.
Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with Bike Streets. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. YOU AGREE THAT BIKE STREETS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.
Bike Streets or third parties may provide links to other internet sites or resources through the Services. Bike Streets does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that Bike Streets is not responsible for the availability of such external sites or resources.
Proprietary Rights
“Routing Data” means all information and data related to a Route provided by the Services and a Route actually taken by You, including, without limitation, the start and end points (and any waypoints in between) and all proposed Routes. You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), Routing Data, any aggregated data based on Content on the Services and your use of the Services, and any content available or made available on the Services is the property of Bike Streets (at least as between you and Bike Streets) and contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Bike Streets or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or content available on the Services (other than Content that you may submit), in whole or in part.
Bike Streets grants you a personal, revocable, non-transferable and non-exclusive right and license to install (in the case of mobile applications), access and use the Services for your personal, non-commercial purposes. You agree that you will not and you will not assist or permit any third party to: (a) copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Services in any way, or create derivative works of the Services; (b) rent, lease, loan, make available to the public, sell or distribute the Services in whole or in part; (d) tamper with the Services or circumvent any technology used by Bike Streets or its licensors to protect any content accessible through the Services; or (e) use the Services for any commercial purpose without the express written consent of Bike Streets. You agree not to access the Services by any means other than through the interfaces that are provided by Bike Streets.
The term BIKE STREETS, the Bike Streets logo and other Bike Streets logos and product and service names are the exclusive trademarks of, and are owned by, Bike Streets, LLC, and you may not use or display such trademarks in any manner without Bike Streets’ prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.
Bike Streets reserves all rights not expressly granted hereunder.
Feedback
We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Bike Streets a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Bike Streets any Feedback that you do not wish to license to us as set forth above.
Your commitments
You must always follow posted signs and applicable laws and regulations, and adjust to current weather and environmental conditions, while riding your bike.
You must ensure that all Submitted Routes you provide are on publicly accessible property and trails. You must not submit any routes that require access or permission from a property owner.
You must exercise your own independent judgment when riding your bicycle, including whether or not to follow a particular Route.
You must not use the Services or any Routes, maps or information provided by the Services for emergency response, medical or safety-critical uses.
You must comply with our Community Standards, attached as Exhibit A.
DISCLAIMER OF WARRANTIES AND LIABILITY
THE INFORMATION, SOFTWARE, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY, AND ARE NOT FOR ANY EMERGENCY, MEDICAL, OR SAFETY-CRITICAL USE. BIKE STREETS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, MAPS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. BIKE STREETS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, VOLUNTEERS, AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU MUST EXERCISE YOUR INDEPENDENT JUDGMENT WHEN USING THE SERVICES. THE TRAFFIC, DIRECTIONS, ROUTES, AND OTHER CONTENT PROVIDED THROUGH THE SERVICES MAY BE INAPPROPRIATE GIVEN THE ACTUAL CONDITIONS ON THE ROUTE AND IN THE ENVIRONMENT, OR INACCURATE OR INCOMPLETE. BIKE STREETS CANNOT AND DOES NOT GUARANTEE THAT ROUTES, MAPS AND DIRECTIONS (a) ARE SAFE, AND (b) DO NOT CROSS OR ACCESS PRIVATE PROPERTY. YOU ARE RESPONSIBLE FOR OBTAINING ALL RIGHTS NECESSARY TO ACCESS PRIVATE PROPERTY. ROUTES DESIGNATED BY BIKE STREETS MAY CHANGE, MAY BE DAMAGED, MAY BE SUBJECT TO CLOSURE FOR CONSTRUCTION OR EVENTS, MAY BE SUBJECT TO INCREASED TRAFFIC AT TIMES, AND MAY OTHERWISE BECOME UNSAFE OR UNDESIRABLE FOR BICYCLE TRAFFIC.
YOU EXPRESSLY AGREE THAT CYCLING OR FOLLOWING A BIKE STREETS ROUTE OFFERED ON THE SERVICES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THE USE OF THE SERVICES AND THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF BIKE STREETS OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.
YOU EXPRESSLY AGREE THAT BIKE STREETS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (EACH A “RELEASED PARTY”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS OR DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF MAPS, DIRECTIONS, OR ROUTES PROVIDED BY THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BIKE STREETS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
**LIMITATION OF LIABILITY**
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIKE STREETS’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, STATUTORY CLAIMS, OR ANY OTHER THEORY), AND REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED IN THE AGGREGATE AS FOLLOWS:
(A) FOR USERS WHO HAVE PAID FEES TO BIKE STREETS IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, THE GREATER OF (I) FIFTY DOLLARS ($50) OR (II) THE TOTAL AMOUNT OF FEES PAID BY YOU TO BIKE STREETS IN SUCH 12-MONTH PERIOD.
(B) FOR USERS WHO HAVE NOT PAID ANY FEES TO BIKE STREETS (FREE USERS), THE MAXIMUM AGGREGATE LIABILITY OF BIKE STREETS SHALL BE FIFTY DOLLARS ($50).
THESE LIMITATIONS APPLY TO ALL CLAIMS, LOSSES, AND DAMAGES OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND ARE AGGREGATE ACROSS ALL CLAIMS AND THEORIES, REGARDLESS OF THE FORM OF ACTION, AND, TO THE EXTENT ALLOWED BY APPLICABLE LAW, REGARDLESS IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnity
You agree to indemnify and hold Bike Streets and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors, along with all other users of the Services (each, a “User”), harmless from any claim or demand, including reasonable attorneys’ fees: (a) made by any third party arising out of, resulting from or relating to any claim, action or cause of action for infringement, misappropriation or violation of any patent, trademark, service mark, trade secret, know-how or other intellectual property right due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, (b) your violation of the Terms, (c) your violation of any rights of another person or entity, (d) any Submitted Routes you submit to the Service, (e) your use of the Services, (except to the extent caused by Bike Streets’ gross negligence or intentional misconduct), (f) riding your bicycle (or similar mode of transportation). Your indemnification obligations include, without limitation, the obligation to pay any costs incurred by a Released Party with respect to an indemnified claim, including without limitation reasonable attorney’s fees, court costs, and any damage award. In the event any Released Party is entitled to indemnification hereunder, you agree to pay any amounts due to a Released Party within 30 days of invoice, after which the Released Party is entitled to interest at 12% per annum and any costs of collection, including reasonable attorney’s fees.
Dispute Resolution
You and BikeStreets each agree that any claim, cause of action, or dispute between us that arises out of or relates to these Terms or your access or use of the Services shall be resolved exclusively in the U.S. District Court for Colorado or a state court located in Denver County, Colorado. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Colorado will govern these Terms and any claim, cause of action, or dispute without regard to conflict of law provisions.
Termination
You agree that Bike Streets may, without prior notice, immediately terminate your account, Membership, and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in Bike Streets’s sole discretion and that Bike Streets shall not be liable to you or any third party for any termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: Payments, Member Content and Conduct, Proprietary Rights, Feedback, Disclaimer of Warranties and Liability, Indemnity, Dispute Resolution, and General.
Third Party Beneficiary and User-to-User Waiver
You agree that (a) the disclaimers, warnings, assumption of risk provisions, releases, waivers, limitations of liability, and exclusions of damages contained in these Terms (collectively, the “Protections”) are intended to benefit Bike Streets and the other Released Parties (as defined in the paragraph titled 'DISCLAIMER OF WARRANTIES AND LIABILITY'), and (b) the Protections are also intended to benefit and be enforceable by other users of the Services, including without limitation users who submit, post, or publish Submitted Routes or other content (“Contributors”). Accordingly, you agree that Contributors and other users of the Services are intended third-party beneficiaries of the Protections and may enforce the Protections directly against you to the maximum extent permitted by applicable law. For clarity, the Protections apply to claims arising out of or relating to (i) your access to or use of the Services, (ii) your use of any Routes or other information made available through the Services, and (iii) your interactions with other users and your use of any Content, including any Submitted Routes.
To the maximum extent permitted by applicable law, you hereby waive, release, and forever discharge each Contributor and each other user of the Services (collectively, “User Released Parties”) from any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) of any kind, whether known or unknown, suspected or unsuspected, arising out of or relating to: (a) your use of, reliance on, or inability to use any Route, map, direction, recommendation, “low-stress” designation, or other Route-related information submitted or made available by a Contributor or other user through the Services (including any Submitted Route); (b) your cycling, walking, driving, or other travel activities in connection with the Services or any Submitted Route; and/or (c) your interactions with other users, including in connection with routes, comments, posts, messages, or other Content.
Nothing in this User-to-User Waiver and Release is intended to (i) release claims to the extent such release is prohibited by applicable law, or (ii) release claims arising from a User Released Party’s fraud, willful misconduct, or gross negligence, to the extent such claims cannot be waived under applicable law.
You acknowledge that you may suffer injury (including serious bodily injury or death), property damage, or other losses as a result of using routes and other Content submitted by other users, and you knowingly and voluntarily assume all risks of such use and release the User Released Parties as stated above.
DMCA Notice and Takedown Policy and Process
1. Policy Overview
Bike Streets respects the intellectual property rights of others and expects users of the Services to do the same. In appropriate circumstances and at our discretion, Bike Streets will remove or disable access to material that infringes copyright and will terminate the accounts of users who are repeat infringers. This policy is intended to comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”).
2. Designated DMCA Agent
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to Bike Streets’ designated agent:
DMCA Agent
Copyright Agent
Bike Streets, LLC
PO Box 40833
Denver, CO 80204
Email: info@bikestreets.com
Subject Line: “DMCA Notice”
3. DMCA Takedown Notice Requirements
If you believe that material available on or through the Services infringes a copyright you own or control, you may submit a written notification (“DMCA Notice”) to our designated agent including substantially the following information:
A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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.
Identification of the material claimed to be infringing and information reasonably sufficient to permit Bike Streets to locate the material (e.g., URL(s), route name, user name, screenshots, or other identifying information).
Your name, mailing address, telephone number, and email address.
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.
A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Failure to include all of the above information may result in delay of processing.
4. Counter-Notification Procedure
If you believe that material you posted was removed or disabled by mistake or misidentification, you may submit a written counter-notification to our designated agent containing substantially the following:
Your physical or electronic signature.
Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
Your name, mailing address, telephone number, and email address.
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if outside the United States, for any judicial district in which Bike Streets may be found), and that you will accept service of process from the person who provided the original DMCA Notice or that person’s agent.
Upon receipt of a valid counter-notification, Bike Streets will forward it to the original complaining party. Unless we receive notice within ten (10) business days that the complaining party has filed an action seeking a court order to restrain the allegedly infringing activity, we may restore the removed material within ten (10) to fourteen (14) business days after receiving the counter-notification, at our discretion.
5. Repeat Infringer Policy
Bike Streets maintains and reasonably implements a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers.
We may also, at our discretion, limit access to the Services and/or terminate accounts of users who infringe any intellectual property rights of others, whether or not there is repeat infringement.
6. Misrepresentations
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability.
General
You agree that no joint venture, partnership, employment or agency relationship exists between you and Bike Streets because of the Terms or your use of the Services. The Terms constitute the entire agreement between you and Bike Streets with respect to your use of the Services. The failure of Bike Streets to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Bike Streets. Bike Streets has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms without limitation (including, without limitation, in connection with a merger, acquisition, sale of substantially all assets, or corporate reorganization), without your consent. Bike Streets will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. Bike Streets’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
Modification of the Terms and Services
Bike Streets may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Bike Streets in our sole discretion. Bike Streets reserves the right to determine the form and means of providing notifications to our users, though you may opt out of certain means of notification. Bike Streets is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Bike Streets may, in its sole discretion, modify or update the Terms from time to time, and so you should review this page periodically. We will notify you in advance of material changes and give you an opportunity to review the updated terms before they go into effect. When we change the Terms, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Services after any such change goes into effect constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Services.
Bike Streets and its third party service providers may make improvements and/or changes in the Services, products, services, features, programs, and prices described at any time and for any reason in its sole discretion. Bike Streets reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that Bike Streets shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Support and Questions
We will respond to any questions regarding the Services and these Terms via info@bikestreets.com. We generally respond to support requests within 7 days after the request is placed.
Exhibit A
Community Standards (User Conduct; Safety; Reporting; Enforcement)
Bike Streets is a community platform. To help keep the Services useful and safe, you agree to comply with these Community Standards and to act responsibly when submitting routes, posting comments, interacting with other users, or otherwise using the Services.
Prohibited Conduct. You may not (and you may not encourage or assist any other person to) do any of the following through or in connection with the Services:
Harass, threaten, stalk, intimidate, or abuse any person, or promote violence or illegal activity.
Post, transmit, or make available any content that is hateful, discriminatory, defamatory, obscene, or otherwise unlawful.
Dox, disclose, or attempt to obtain or share another person’s personal information, including without limitation home address, phone number, email address, precise location, workplace, or travel patterns, except to the extent expressly permitted by the Services and applicable law.
Impersonate any person or entity, misrepresent your affiliation, or otherwise mislead others about the source of content or your identity.
Submit routes, directions, or related content that (a) you know (or reasonably should know) require trespass or unauthorized access to private property, (b) encourage violations of traffic laws or posted signage, or (c) are intended to cause harm or create unsafe conditions for others.
Use the Services to plan, facilitate, or promote wrongdoing, including without limitation theft, vandalism, harassment, or unlawful surveillance.
Post or transmit spam, solicitations, or commercial advertisements (unless expressly authorized by Bike Streets in writing).
Submit false or misleading safety information (for example, falsely claiming a route is “safe,” “protected,” “closed,” “open,” or “recommended”) in a manner that could reasonably create a risk of harm.
User Responsibility; No Duty to Monitor. You are solely responsible for your interactions with other users and for any content you submit or make available through the Services. Bike Streets does not have an obligation to monitor, pre-screen, or verify user content or user interactions, and Bike Streets makes no representations regarding the accuracy, safety, or appropriateness of any user content.
Reporting. If you believe a route, comment, message, or other content violates these Community Standards or creates a safety, legal, or rights-related concern, you may report it to Bike Streets at info@bikestreets.com (or through any in-app reporting tools that Bike Streets makes available). Please provide sufficient detail for us to locate the content (for example, a link, route name, username, and screenshots). Bike Streets is not obligated to review or act on reports and does not guarantee removal of any content.
Enforcement; Removal. Bike Streets may (but has no obligation to) investigate reports and take any action it deems appropriate in its sole discretion, including without limitation: removing or editing content, annotating content with warnings, restricting visibility or distribution, suspending or terminating accounts, or cooperating with law enforcement. Bike Streets may take such actions at any time, with or without notice, including for safety reasons or to comply with applicable law.
No Retaliation; No Circumvention. You may not retaliate against any person for reporting content or conduct, and you may not attempt to evade enforcement actions (for example, by creating a new account after suspension or termination).
Exhibit B
App Store Terms (Apple App Store)
If you access the Services through an application available on Apple’s App Store, you acknowledge and agree to the following:
1) Acknowledgement. These Terms are between you and Bike Streets, LLC only, and not with Apple Inc. (“Apple”). Apple is not responsible for the App or its content.
2) License. The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchase.
3) Maintenance and Support. Bike Streets, and not Apple, is solely responsible for providing maintenance and support services for the App, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
4) Warranty. To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the App. Any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty are Bike Streets’ responsibility only, subject to the disclaimers and limitations in these Terms.
5) Product Claims. You acknowledge that Bike Streets, and not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
6) Intellectual Property Claims. You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Bike Streets, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
7) Legal Compliance / Sanctions. You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting,” and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
8) Third-Party Beneficiary. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Google Play / Android Distribution Terms
If you access the Services through an application distributed via Google Play (or otherwise on Android), you acknowledge and agree to the following:
1) Relationship. These Terms are between you and Bike Streets, LLC only, and not with Google LLC (“Google”). Google is not responsible for the App, the Services, or any content made available through the App.
2) Support. Bike Streets, and not Google, is solely responsible for providing support and maintenance for the App (if any), subject to these Terms.
3) Responsibility for Claims. Bike Streets, and not Google, is responsible for addressing any claims by you or any third party relating to the App or your use of the App, including product liability, legal/regulatory compliance, and intellectual property infringement claims, subject to the disclaimers and limitations in these Terms.
4) Google Play Terms. Your download and use of the App may also be subject to Google Play’s terms, policies, and any applicable device manufacturer or carrier terms.
Notes (practical drafting)
Apple’s items above (especially third-party beneficiary, intellectual property ("IP") claims allocation, product claims, maintenance/support, and the Apple-limited license) are the “usual required” buckets that Apple expects you to cover in TOS/EULA language for App Store distribution.
Google Play is typically less prescriptive about specific TOS clauses than Apple, but it is still standard to include the “Google not responsible / developer responsible” allocations and cross-reference Google Play terms/policies.
Exhibit C
Rides and Events
The Services may include information about, invitations to, registration for, or promotion of bicycle rides, group outings, volunteer events, advocacy events, classes, workshops, or other in-person or virtual activities (collectively, “Events”). Events may be (a) organized, led, hosted, or sponsored by Bike Streets (“Bike Streets Events”), or (b) organized, led, hosted, or sponsored by third parties that are not affiliated with Bike Streets (“Third-Party Events”). The terms below apply to all Events.
Participant Fitness; Compliance. You represent and warrant that you are in good physical condition and are medically and physically able to participate in any Event you choose to attend. You are responsible for evaluating weather, road, traffic, and route conditions and for complying with all applicable laws, posted signage, and reasonable safety instructions from an Event leader or organizer. You may not participate in a manner that creates a hazard to yourself or others. You are solely responsible for determining whether you are physically and medically able to participate, bringing appropriate equipment (including a properly maintained bicycle), and taking appropriate precautions.
Helmet Policy; No Guarantee. Bike Streets strongly recommends that all participants wear a properly fitted bicycle helmet for any Event. You acknowledge that a helmet is not a guarantee of safety and cannot protect against all foreseeable impacts and risks.
Assumption of Risk (All Events). YOU ACKNOWLEDGE THAT PARTICIPATION IN ANY EVENT (INCLUDING ANY BIKE STREETS EVENT OR THIRD-PARTY EVENT) INVOLVES INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY, OR DEATH. You voluntarily assume all known and unknown risks associated with participation, including risks arising from road and surface conditions, traffic, construction, weather, crime, equipment failure, route changes, actions of other participants, and acts or omissions of third parties.
Bike Streets Events; Separate Event Waiver Required; Covenant Not to Sue. Participation in Bike Streets Events may require that you execute additional terms, releases, waivers, assumptions of risk, covenants not to sue, and/or indemnities (collectively, an “Event Waiver”), including through a digital or in-app process. If an Event Waiver is required, you may not participate unless and until you have executed it. You acknowledge and agree that any Event Waiver may include (to the maximum extent permitted by applicable law) releases and waivers of claims arising from ordinary negligence, including negligent rescue attempts and/or failures to take reasonable steps to protect against the risks of the Event.
Third-Party Events; No Responsibility for Organizers. Third-Party Events are offered by the applicable third-party organizers. Bike Streets is not the organizer, host, leader, or sponsor of Third-Party Events, even if an Event is described on the Services or promoted through the App, and Bike Streets does not control or assume responsibility for Third-Party Events, the conduct of organizers or participants, Event routes, safety practices, permissions, insurance, compliance with laws, or any statements made by third-party organizers. Any interaction you have with a third-party organizer (including registration, payments, waivers, and disputes) is solely between you and that organizer.
No Reliance on Event Information; Changes and Cancellations. Event descriptions, routes, times, meeting locations, leader information, and other Event details may be inaccurate, incomplete, or may change at any time. Bike Streets (and any third-party organizer) may modify, reschedule, relocate, or cancel an Event at any time, with or without notice. You are responsible for confirming current Event details before participation.
Event Fees; No Refunds (Unless Stated by Bike Streets). Any fees paid for Bike Streets Events (if any) are non-refundable except to the extent Bike Streets determines otherwise in its sole discretion (including as required by applicable law). Bike Streets shall not be responsible for costs you incur in connection with an Event (including travel costs) even if an Event is cancelled, modified, or rescheduled.
Recording; Use of Likeness (Events). To the maximum extent permitted by law, you grant Bike Streets (and its contractors) permission to photograph, record, and otherwise capture your name, image, voice, and likeness in connection with Events, and to use and display such recordings and materials for legitimate purposes (including marketing and promotional purposes), in any media now known or later developed, worldwide, without compensation to you. You waive any right of inspection or approval of such materials.
Enforcement; Removal from Events. Bike Streets may refuse participation, remove you from an Event, or cancel your registration at any time for safety, legal, or operational reasons.
Dispute Resolution for Bike Streets Events; Priority. If you execute an Event Waiver for a Bike Streets Event, the dispute resolution provisions in that Event Waiver will govern any dispute arising out of or relating to that Bike Streets Event to the extent they conflict with the Dispute Resolution section of these Terms. If you do not want this, delete this sentence and instead state the opposite: “The Dispute Resolution section of these Terms governs all Event-related disputes.”
Disclaimer of Responsibility. WITHOUT LIMITING ANY OTHER DISCLAIMER OR LIMITATION OF LIABILITY IN THESE TERMS (OR ANY EVENT WAIVER), BIKE STREETS DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO EVENTS (INCLUDING BIKE STREETS EVENTS AND THIRD-PARTY EVENTS) TO THE MAXIMUM EXTENT PERMITTED BY LAW.