Terms and Conditions
GENERAL TERMS AND CONDITIONS
We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on CyclingTips. Your subsequent or continued use of CyclingTips will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to immediately discontinue your use of CyclingTips.
These terms and conditions of use were last updated on 20 August, 2010.
While we use reasonable endeavours to ensure that CyclingTips is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to CyclingTips may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any website, feature or service (or part thereof) on CyclingTips at any time.
Except as expressly provided otherwise in the Conditions, we reserve the right to change the pricing for any chargeable service or feature on CyclingTips at any time without providing notice to you.
Your conduct You must not:
(a) use CyclingTips in breach of any applicable laws or regulations;
(b) use CyclingTips (or Material obtained from CyclingTips):
- to transmit (or authorise the transmission of) ?junk mail,? ?chain letters,? unsolicited emails, instant messaging, ?spimming,? or ?spamming?;
- to impersonate any person or entity;
- to solicit money, passwords or personal information from any person;
- to harm, abuse, harass, stalk, threaten or otherwise offend others; or
- for any unlawful purpose;
(c) use CyclingTips to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:
- is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
- contains, promotes, or provides information about unlawful activities or conduct;
- is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- exploits another person in any manner;
- contains nudity, excessive violence, or sexual acts or references;
- includes an image or personal information of another person or persons unless you have their consent;
- poses or creates a privacy or security risk to any person;
- you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
- contains large amounts of untargeted, unwanted or repetitive content;
- contains restricted or password only access pages, or hidden content;
- contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
- advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
- contains financial, legal, medical or other professional advice;
(d) interfere with, disrupt, or create an undue burden on CyclingTips;
(e) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of CyclingTips;
(f) use CyclingTips with the assistance of any automated scripting tool or software;
(g) frame or mirror any part of CyclingTips without our prior written authorisation;
(h) use code or other devices containing any reference to CyclingTips to direct other persons to any other web page;
(i) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of CyclingTips or cause any other person to do so; or
(j) delete any attributions or legal or proprietary notices on CyclingTips.
Your Material By uploading, transmitting, posting or otherwise making available any Material via CyclingTips, you:
(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
(b) except where expressly stated otherwise, also grant each user of CyclingTips a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;
(c) warrant that you have the right to grant the abovementioned licences;
(d) warrant that the Material does not breach the Conditions; and
(e) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
We reserve the right (but have no obligation) to:
- review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
- monitor use of CyclingTips, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.
We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on CyclingTips by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on CyclingTips simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.
Notifying us If you think that CyclingTips has been accessed or used by another user in breach of the Conditions, please email us at cyclingtips [at] gmail [dot] com.? We?ll consider whether there are grounds for taking any action, but you won?t necessarily be contacted as to our decision.
In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to cyclingtips [at] gmail [dot] com.
Intellectual Property Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to CyclingTips.
CyclingTips contains Material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on CyclingTips for your own personal, non-commercial use only. Except for the temporary copy held in your computer?s cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.
In particular, you may not use any Material on CyclingTips to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
Nothing displayed on CyclingTips should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on CyclingTips without the express written consent of the relevant owner.
Third party websites, advertising and activities We may feature or display links and pointers to websites operated by third parties on CyclingTips. Such websites do not form part of CyclingTips and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave CyclingTips entirely at your own risk.
If you contact a third party using functionality provided on CyclingTips, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.
From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party.
Disclaimer You use CyclingTips at your sole risk.
Except where expressly stated otherwise, Material on CyclingTips is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
We do not make any representation or warranty that any Material on CyclingTips will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
We will not be liable for loss resulting from any action or decision by you in reliance on the Material on CyclingTips, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
You acknowledge that we are not responsible for, and accept no liability in relation to, any other users? use of, access to or conduct in connection with CyclingTips in any circumstance.
Limitation of liability You use CyclingTips at your sole risk.
To the extent permitted by law, we exclude all conditions and warranties relating to your use of CyclingTips that are not expressly set out in the Conditions.
To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:
(a) in the case of services supplied or offered by us:
- (i) the re-supply of those services; or
- (ii) the payment of the cost of having those services re-supplied; and
(b) in the case of goods supplied or offered by us:
- (i) the replacement of the goods or the supply of equivalent goods;
- (ii) the repair of the goods;
- (iii) the payment of the cost of having the goods replaced; or
- (iv) the payment of the cost of having the goods repaired.
In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via CyclingTips, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.
In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with CyclingTips.
Indemnity You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with CyclingTips, including any breach by you of the Conditions.
CyclingTips does not collect information from visitors interacting with the site. A cookie and ip address may be tracked to allow technology to better the visitor experience during a session.
We may partner with one or more third parties who collect anonymous data such as Age, Gender, Location, etc by way of dropping a cookie on your browser. No personally identifiable information (PII) whatsoever is collected. This anonymous cookie based information may be used to ensure you receive more targeted, relevant advertising whilst online, both on and off this website. Should you not wish to have your anonymous data collected and used in this manner you may choose to opt-out here: http://www.eyeota.com/privacy/opt-out/
CyclingTips offers the ability to register as a commenter of the website allowing a richer community experience. These members use their email address and other personal information in the process.
- Your email address is NEVER shown to visitors or other members of the community
- Age, gender, and IP information may be used as an identifier during third-party advertising.
- CyclingTips never shares your email address with any third party.
2. Uploaded Material
As a member of CyclingTips you may post your videos and photos in the comments area.
- Your posted material is viewable by all visitors and members.
- You may, at any time, delete or remove your uploaded material
CyclingTips may send out an opt-out news letters to members.
- CyclingTips will not send any email to you unless you specifically opt-in. You can of course opt-out at any time. We will not sell your details
4. Third-party Advertisers, Links to Other Sites
CyclingTips does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
CyclingTips is one of the largest community of cyclists in Australia. There are hundreds of thousands of riders on the site from 200 countries around the globe who want what is best for cycling. At CyclingTips we are constantly working to elevate the quality of our site and hope you can help by elevating the quality of your posts and comments. When commenting, try to follow the guidelines below and respect your fellow riders, we all share the same love for the sport.
1. EXPLAIN YOUR CRITICISM
Disagree with or dislike a comment, photo, video or article? Feel free to get it off your chest, but explain your reasoning as thoroughly as you can. Think about how your comment can help the person who posted the content. Comments like? Lame?, ?its ugly? or ?this sucks? don’t add anything productive to the conversation and will be deleted. Try to be positive and helpful whenever possible and just remember, if you have nothing nice to say, it?s probably best to keep it to yourself.
2.READ BEFORE COMMENTING
Before asking a question that seems obvious, read the comments as it?s probably already been asked. If you want to know what the song in the video is, look around, it has probably already been answered.
3. HOW ISSUES ARE DEALT WITH ON CYCLINGTIPS
Please report any issues you have with users comments by emailing cyclingtips [at] gmail [dot] com. Don’t engage in flame wars as it will just result in the both of you kicked out.
How CyclingTips moderators deal with issues
- All deleted comments, warnings and suspensions are visible to all moderators so a history is kept to find users constantly causing problems
- Small issues? Comment deleted, user notified
- Constant problems or severe problem ? User warned and temporarily suspended
- And more problems ? IP Ban and CyclingTips no longer shows up to the user
WHY WAS MY COMMENT DELETED?
In an conversation it?s important to stay on topic. I rarely moderate comments, but with the growth of the readership comes greater responsibility on me to make sure that all comments are appropriate.
- You started to talk about some politics about why something should be or not be on CyclingTips. Spare everyone. Stay on topic. If you have nothing to add to this topic, just don?t. Probably tomorrow there will be something that you can contribute to.? You maybe have a good point, but just don?t put it in an article about something else. Start a new forum post, news/blog story, email an admin, so everyone can discuss your great idea in a dedicated area.
- You make a point but can?t refrain from adding snipe and derogatory comments. Cheer up. Make your point without being rude.
- You did not explain your criticism. Ex. I hate this product (deleted). I hate this product because the down tube is much shorter than product y and it impacts my riding (ok)
- Trolling. A troll is someone who posts controversial, inflammatory, irrelevant or off-topic messages in an online community, such as an online discussion forum, chat room or blog, with the primary intent of provoking other users into an emotional or disciplinary response or of otherwise disrupting normal on-topic discussion
- Spamming. You are making the same comment over and over. You are posting links to other random content.
Just remember one golden rule before responding to someone?s comment: no one ever wins an argument on the internet!