Copyright and Terms of Service
Copyright 2006 - 2016 Sunday Morning Rides, Incorporation ("Sunday Morning Rides, LLC."). All rights reserved.
You acknowledge and agree that the content and services of this website are protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws.
All websites owned and operated by Sunday Morning Rides, LLC. (collectively referred to hereafter as the "Site") its name and logo, and all related product and service names, slogans, design marks, icons, color combinations, button shapes, and other graphical elements are the trademarks or registered trademarks of Sunday Morning Rides, LLC. (referred to hereafter as "SMR"). All other product and service marks contained herein are the trademarks of their respective owners. You may not use any SMR or third party trademarks or logos without the prior written consent of SMR or the applicable trademark owner.
If you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement please notify SMR.
Terms of Service for SMR
1. ACCEPTANCE OF TERMS OF SERVICE
The Site provides access to GPS tracks, imagery, video, editorial content, and third party maps, services and information for personal, non-commercial use only (referred to hereafter as "Content"). By using the Site and any data or information accessed from the Site, you agree to be bound by these Terms of Service and any applicable policies or guidelines, which may change from time to time. Should you object to any term or condition of the Terms of Service, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these Terms of Service at: http://www.smrmedia.com/terms.html
3. LICENSE TO AND LIMITATIONS ON THE USE OF CONTENT
Provided you comply with these Terms of Service, SMR grants you a nonexclusive, non-transferable license to view and print the Content of the Site solely for your own personal non-commercial use. You may share a descriptively annotated ride track generated via the Site ("Ride") with another individual for that individual's personal non-commercial use using the email option on the SMR Map interface. You may not commercially exploit the Site or its Content, including without limitation, you may not create derivative works of the Content, use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Content, or reprint, copy, modify, translate, port, publish, sublicense, assign, transfer, sell, or otherwise distribute the Content without the prior written consent of SMR. You shall not derive or attempt to derive the source code or structure of all or any portion of the Site or its Content by reverse engineering, disassembly, decompilation or any other means. You shall not use the Site or its Content to operate a service bureau or for any other use involving the processing of data of others. You shall use the Site and its Content for legal purposes only and shall not use them in any manner that violates the laws of any jurisdiction. You do not receive any, and SMR and its licensors retain all, ownership rights in the Content. You may not alter or remove any copyright notice or proprietary legend contained within the Site or its Content. Nothing contained herein shall be construed as granting you a license under any copyright, trademark, patent or other intellectual property right of SMR or any third party, except for the right of use license expressly set forth herein.
4. COMMUNITY CONTRIBUTED CONTENT
The Site includes GPS ride tracks, waypoints, postings, messages, text, files, images, photos, video, sounds, and other materials posted on, transmitted through, or linked from the Site by community contributors and/or users of the Site.
In using the Site, you acknowledge that SMR does not control, and is not responsible for Content made available by community contributors and/or users of the Site. As such, you further acknowledge that you may be exposed to community contributed Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site and Content available through it may contain links to other websites, which are completely independent of SMR. SMR makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any such website is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will SMR be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the site. If you choose to contribute Content in any form, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Site. You further acknowledge that SMR retains the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that has been contributed or made available to the Site that it deems in violation of these terms and conditions or for any other reason.
Content available from the Site is intended for entertainment purposes only. As described herein, SMR makes no representation or warranty as to the accuracy, completeness or authenticity of the Content available on or linked from the site for the purpose of planning or navigation. You may find that events and/or conditions beyond the control of SMR such as construction projects, weather, traffic conditions or other events, may cause the physical conditions of routes to differ from what is displayed on the Site.
Should you contribute information including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be nonconfidential and SMR assumes no obligation to protect such information from disclosure. The submission of such information to SMR shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by SMR for any purpose whatsoever and by such submission you (i) grant to SMR the irrevocable right to reproduce, use, disclose and distribute the information to others without restriction or compensation required, and (ii) warrant and represent that you own or otherwise control all of the rights to the information and that public posting and use of the information by SMR will not infringe or violate the rights of any third party.
5. MATERIAL THAT YOU SUBMIT TO THE SITE
Where the facility is made available to you on the Site, you may send material (including text, image and video) to us for publication on various areas of the Site. When you send any materials to us for publication on the Site, you do so in accordance with these Terms including, in particular, the following:
You grant us a royalty free, worldwide, perpetual and non-exclusive licence to use, copy, distribute, publish, syndicate, sub-license and transmit the whole or any part of such material (including without limitation any of the information, details, ideas, concepts and/or formats contained within it) in any manner and in any format and/or media (including, without limit, archiving and making such material available on the Site).
Publication of any material you submit to us will be at our sole discretion and we reserve the right to edit or otherwise amend such materials prior to publication.
You agree that we may (at our discretion) disclose your identity to any third party who is claiming that any material sent by you to the Site is defamatory, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright), in breach of any of the warranties set out below or otherwise is in breach of or violates any applicable law or regulation or code.
You warrant to us that any material you submit to us is your own original work and that you own the copyright and any other relevant rights.
You warrant that the material you submit is not: obscene, threatening, menacing, offensive, defamatory, abusive, likely to cause annoyance, inconvenience or needless anxiety, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise in breach of or violates any applicable law or regulation or code.
You acknowledge that any breach of the warranties set out above may cause us damage or loss and you agree to indemnify us in full and permanently on demand against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.
You acknowledge that we do not necessarily pre-screen any material that you have submitted to the Site, we reserve the right to remove, at any time and without reason or prior notice or any liability to you, any material that you have submitted.
Notwithstanding the generality of section above, SMR reserves the right (but not the obligation) to monitor any communications that are made via the Site and you now consent to any such monitoring.
6. THIRD PARTY CONTENT AND SERVICES
The Site includes features and functionalities that may link you or provide you with access to third party content and services which is completely independent of SMR including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. The Site further includes information such as GPS tracks, commercial listings, maps, information services (including but not limited to weather reports), and related information provided by third parties.
SMR makes no representations or warranties regarding the accuracy or completeness of the information provided by these third parties. Your use of third party content may be subject to additional terms, including but not exclusive to the Terms of Service of each third party. You should make whatever investigation you feel necessary or appropriate to understand these additional terms prior to your use of the Site. In the event that you have a dispute arising from the use of third party contributed content or services, you agree to release SMR its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
7. PRIVACY AND INFORMATION DISCLOSURE
8. APPROPRIATE CONDUCT AND PERMITTED USES
You agree that you are responsible for your own conduct and content while using the Site and for any consequences thereof. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using the Site you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit or otherwise make available any information, including GPS track information, that you know to be purposefully inaccurate, misleading, vague, or potentially endangering to others;
- upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;
- upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the Rights or have the permission of the owner to post such content;
- upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.
- download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- restrict or inhibit any other user from using and enjoying the functionality of the Site;
- use the Site for any illegal or unauthorized purpose;
- remove any copyright, trademark or other proprietary rights notices contained in or on the content and services provided by SMR;
- interfere with or disrupt SMR services or servers or networks connected to sundaymorningrides.com, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of sundaymorningrides.com or collect information about users for any unauthorized purpose;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by SMR;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
9. PAID ADVERTISEMENTS
We may charge a fee to post Content in some areas of the Site. Each party posting Content to the Service is responsible for said Content and compliance with the Terms of Service. All fees paid will be non-refundable in the event that Content is removed for violating the Terms of Service.
10. LIMITATIONS ON SERVICE
You acknowledge that SMR may establish limits concerning the use of the Site, including the maximum number of days that Content will be retained, the maximum number and size of Content that may be transmitted or stored by the Service. You agree that SMR. has no responsibility or liability for the deletion or failure to store any Content contributed to the Site. You acknowledge that SMR reserves the right at any time to modify or discontinue the Site, its Content, services, or any other part thereof with or without notice, and that SMR shall not be liable to you or to any third party for any modification, suspension or discontinuance of service.
11. TERMINATION OF SERVICE
You agree that SMR, in its sole discretion, has the right (but not the obligation) to block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content contributed to the Site, for any reason, including, without limitation, if SMR believes that you have acted inconsistently with the letter or spirit of the Terms of Service. Further, you agree that SMR shall not be liable to you or any third-party for any termination of your access to the Site (or any part thereof). Further, you agree not to attempt to use the Site after said termination. The Terms of Service described herein survive any Termination of Service.
12. NO WARRANTIES
THIS WEBSITE AND ITS CONTENT ARE PROVIDED WITH ALL FAULTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. SUNDAY MORNING RIDES, LLC., ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE WEBSITE AND MATERIALS ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE WEBSITE AND ITS CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ADVICE OR INFORMATION GIVEN BY SMR, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES OR AUTHORIZED AGENTS SHALL CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. YOUR USE OF THIS WEBSITE AND ITS CONTENT IS SOLELY AT YOUR OWN RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Your use of the website and Materials is at YOUR OWN RISK and SMR is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the website and Materials.
Please note that the Site and its Content may include technical inaccuracies or typographical errors. SMR has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the Site or its Content, including, but not limited to, the software, content, hours of availability, equipment needed for access or use, or the availability of the Site or its Content on any particular device or communications service. SMR has no obligation to provide you with notice of any such changes.
13. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SUNDAY MORNING RIDES, LLC., ITS DIRECTORS, AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, MISUSE OF, INABILITY TO USE, OR RELIANCE UPON THIS WEBSITE OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OPPORTUNITIES, OR PROFITS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SUNDAY MORNING RIDES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. SUNDAY MORNING RIDES, LLC.'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL SUNDAY MORNING RIDES, LLC. BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THIS WEBSITE.
Without limiting the foregoing, under no circumstances shall Sunday Morning Rides, LLC. be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Upon a request by SMR, you agree to defend, indemnify, and hold harmless the Sunday Morning Rides, LLC. from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site or its Content. SMR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SMR in asserting any available defenses.
15. DISCLAIMER OF ENDORSEMENT
Reference herein or on the website to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by SMR. Product and service information are the sole responsibility of each individual vendor.
16. INTERNATIONAL USE
International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.