Terms
of Use
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively,
including all Content available through The Best
Rides domain name, the "The Best Rides Website",
or "Website"), YOU SIGNIFY YOUR ASSENT
TO BOTH THESE TERMS AND CONDITIONS (the "Terms
of Service") AND THE TERMS AND CONDITIONS OF
THE BEST RIDES'S PRIVACY
NOTICE, AND WHICH ARE INCORPORATED HEREIN BY
REFERENCE. If you do not agree to any of these terms,
then please do not use The Best Rides Website.
2. The Best Rides Website
These Terms of Service apply to all users of The
Best Rides Website, including users who are also
contributors of video content, information, and
other materials or services on the Website. The
Best Rides Website may contain links to third
party websites that are not owned or controlled
by The Best Rides. The Best Rides has no control
over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party
websites. In addition, The Best Rides will not
and cannot censor or edit the content of any third-party
site. By using the Website, you expressly relieve
The Best Rides from any and all liability arising
from your use of any third-party website. Accordingly,
we encourage you to be aware when you leave The
Best Rides Website and to read the terms and conditions
and privacy policy of each other website that
you visit.
3. Website Access
A. The Best Rides hereby grants you permission
to use the Website as set forth in this Terms
of Service, provided that: (i) your use of the
Website as permitted is solely for your personal,
non-commercial use; (ii) you will not copy or
distribute any part of the Website in any medium
without The Best Rides's prior written authorization;
(iii) you will not alter or modify any part of
the Website other than as may be reasonably necessary
to use the Website for its intended purpose; and
(iv) you will otherwise comply with the terms
and conditions of these Terms of Service.
B. In order to access some features
of the Website, you will have to create an account.
You may never use another's account without permission.
When creating your account, you must provide accurate
and complete information. You are solely responsible
for the activity that occurs on your account,
and you must keep your account password secure.
You must notify The Best Rides immediately of
any breach of security or unauthorized use of
your account. Although The Best Rides will not
be liable for your losses caused by any unauthorized
use of your account, you may be liable for the
losses of The Best Rides or others due to such
unauthorized use.
C. You agree not to use or launch
any automated system, including without limitation,
"robots," "spiders," "offline
readers," etc., that accesses the Website
in a manner that sends more request messages to
The Best Rides servers in a given period of time
than a human can reasonably produce in the same
period by using a convention on-line web browser.
Notwithstanding the foregoing, The Best Rides
grants the operators of public search engines
permission to use spiders to copy materials from
the site for the sole purpose of creating publicly
available searchable indices of the materials,
but not caches or archives of such materials.
The Best Rides reserves the right to revoke these
exceptions either generally or in specific cases.
You agree not to collect or harvest any personally
identifiable information, including account names,
from the Website, nor to use the communication
systems provided by the Website for any commercial
solicitation purposes. You agree not to solicit,
for commercial purposes, any users of the Website
with respect to their User Submissions.
4. Intellectual Property Rights
The content on The Best Rides Website, except
all User Submissions (as defined below), including
without limitation, the text, software, scripts,
graphics, photos, sounds, music, videos, interactive
features and the like ("Content") and
the trademarks, service marks and logos contained
therein ("Marks"), are owned by or licensed
to The Best Rides, subject to copyright and other
intellectual property rights under English and
foreign laws and international conventions. Content
on the Website is provided to you AS IS for your
information and personal use only and may not
be used, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without
the prior written consent of the respective owners.
The Best Rides reserves all rights not expressly
granted in and to the Website and the Content.
You agree to not engage in the use, copying, or
distribution of any of the Content other than
expressly permitted herein, including any use,
copying, or distribution of User Submissions of
third parties obtained through the Website for
any commercial purposes. If you download or print
a copy of the Content for personal use, you must
retain all copyright and other proprietary notices
contained therein. You agree not to circumvent,
disable or otherwise interfere with security related
features of The Best Rides Website or features
that prevent or restrict use or copying of any
Content or enforce limitations on use of The Best
Rides Website or the Content therein.
5. User Submissions
A. The Best Rides Website may now or in the future
permit the submission of videos or other communications
submitted by you and other users ("User Submissions")
and the hosting, sharing, and/or publishing of
such User Submissions. You understand that whether
or not such User Submissions are published, The
Best Rides does not guarantee any confidentiality
with respect to any submissions.
B. You shall be solely responsible
for your own User Submissions and the consequences
of posting or publishing them. In connection with
User Submissions, you affirm, represent, and/or
warrant that: (i) you own or have the necessary
licenses, rights, consents, and permissions to
use and authorize The Best Rides to use all patent,
trademark, trade secret, copyright or other proprietary
rights in and to any and all User Submissions
to enable inclusion and use of the User Submissions
in the manner contemplated by the Website and
these Terms of Service; and (ii) you have the
written consent, release, and/or permission of
each and every identifiable individual person
in the User Submission to use the name or likeness
of each and every such identifiable individual
person to enable inclusion and use of the User
Submissions in the manner contemplated by the
Website and these Terms of Service. For clarity,
you retain all of your ownership rights in your
User Submissions. However, by submitting the User
Submissions to The Best Rides, you hereby grant
The Best Rides a worldwide, non-exclusive, royalty-free,
sublicenseable and transferable license to use,
reproduce, distribute, prepare derivative works
of, display, and perform the User Submissions
in connection with The Best Rides Website and
CC5 Ventures Ltd (and its successor's) business,
including without limitation for promoting and
redistributing part or all of The Best Rides Website
(and derivative works thereof) in any media formats
and through any media channels. You also hereby
grant each user of the Best Rides Website a non-exclusive
license to access your User Submissions through
the Website, and to use, reproduce, distribute,
prepare derivative works of, display and perform
such User Submissions as permitted through the
functionality of the Website and under these Terms
of Service.
C. In connection with User Submissions,
you further agree that you will not: (i) submit
material that is copyrighted, protected by trade
secret or otherwise subject to third party proprietary
rights, including privacy and publicity rights,
unless you are the owner of such rights or have
permission from their rightful owner to post the
material and to grant The Best Rides all of the
license rights granted herein; (ii) publish falsehoods
or misrepresentations that could damage The Best
Rides or any third party; (iii) submit material
that is unlawful, obscene, defamatory, libellous,
threatening, pornographic, harassing, hateful,
racially or ethnically offensive, or encourages
conduct that would be considered a criminal offence,
give rise to civil liability, violate any law,
or is otherwise inappropriate; (iv) post advertisements
or solicitations of business: (v) impersonate
another person. The Best Rides does not endorse
any User Submission or any opinion, recommendation,
or advice expressed therein, and The Best Rides
expressly disclaims any and all liability in connection
with User Submissions. The Best Rides does not
permit copyright infringing activities and infringement
of intellectual property rights on its Website,
and The Best Rides will remove all Content and
User Submissions if properly notified that such
Content or User Submission infringes on another's
intellectual property rights. The Best Rides reserves
the right to remove Content and User Submissions
without prior notice. The Best Rides will also
terminate a User's access to its Website, if they
are determined to be a repeat infringer. A repeat
infringer is a User who has been notified of infringing
activity more than twice and/or has had a User
Submission removed from the Website more than
twice. The Best Rides also reserves the right
to decide whether Content or a User Submission
is appropriate and complies with these Terms of
Service for violations other than copyright infringement
and violations of intellectual property law, such
as, but not limited to, pornography, obscene or
defamatory material, or excessive length. The
Best Rides may remove such User Submissions and/or
terminate a User's access for uploading such material
in violation of these Terms of Service at any
time, without prior notice and at its sole discretion.
D. In particular, if you are
a copyright owner or an agent thereof and believe
that any User Submission or other content infringes
upon your copyrights, you may submit a notification
pursuant to the Digital Millennium Copyright Act
("DMCA") by providing us with the following
information in writing
(i) A physical or electronic
signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly
infringed;
(ii) Identification of the copyrighted
work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are
covered by a single notification, a representative
list of such works at that site;
(iii) Identification of the
material that is claimed to be infringing or to
be the subject of infringing activity and that
is to be removed or access to which is to be disabled
and information reasonably sufficient to permit
the service provider to locate the material;
(iv) Information reasonably
sufficient to permit the service provider to contact
you, such as an address, telephone number, and,
if available, an electronic mail;
(v) A statement that you have
a good faith belief that use of the material in
the manner complained of is not authorized by
the copyright owner, its agent, or the law; and
(vi) A statement that the information
in the notification is accurate, and under penalty
of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that
is allegedly infringed.
The Best Rides's designated person to receive
notifications of claimed infringement is: Chris
Cook, Ventures House, 16 Hall Walk Walkington,
Beverley, East Yorkshire, HU17 8TF, email: chris.cook@thebestrides.co.uk
, telephone: 01482 871756, fax: 01482 871756.
You acknowledge that if you fail to comply with
all of the requirements of this Section 5(D),
your DMCA notice may not be valid.
E. You understand that when
using The Best Rides Website, you will be exposed
to User Submissions from a variety of sources,
and that The Best Rides is not responsible for
the accuracy, usefulness, safety, or intellectual
property rights of or relating to such User Submissions.
You further understand and acknowledge that you
may be exposed to User Submissions that are inaccurate,
offensive, indecent, or objectionable, and you
agree to waive, and hereby do waive, any legal
or equitable rights or remedies you have or may
have against The Best Rides with respect thereto,
and agree to indemnify and hold The Best Rides,
its Owners/Operators, affiliates, and/or licensors,
harmless to the fullest extent allowed by law
regarding all matters related to your use of the
site.
F. The Best Rides permits you
to link to materials on the Website for personal,
non-commercial purposes only. In addition, The
Best Rides provides an "Embeddable Player"
feature, which you may incorporate into your own
personal, non-commercial websites for use in accessing
the materials on the Website, provided that you
include a prominent link back to The Best Rides
website on the pages containing the Embeddable
Player. The Best Rides reserves the right to discontinue
any aspect of The Best Rides Website at any time.
6. Warranty Disclaimer
You agree that your use of the best rides website
shall be at your sole risk. To the fullest extent
permitted by law, the best rides, its officers,
directors, employees, and agents disclaim all
warranties, express or implied, in connection
with the website and your use thereof. The best
rides makes no warranties or representations about
the accuracy or completeness of this site's content
or the content of any sites linked to this site
and assumes no liability or responsibility for
any (i) errors, mistakes, or inaccuracies of content,
(ii) personal injury or property damage, of any
nature whatsoever, resulting from your access
to and use of our website, (iii) any unauthorized
access to or use of our secure servers and/or
any and all personal information and/or financial
information stored therein, (iv) any interruption
or cessation of transmission to or from our website,
(iv) any bugs, viruses, trojan horses, or the
like which may be transmitted to or through our
website by any third party, and/or (v) any errors
or omissionsin any content or for any loss or
damage of any kind incurred as a result of the
use of any content posted, emailed, transmitted,
or otherwise made available via the best rides
website. The best rides does not warrant, endorse,
guarantee, or assume responsibility for any product
or service advertised or offered by a third party
through the best rides website or any hyperlinked
website or featured in any banner or other advertising,
and the best rides will not be a party to or in
any way be responsible for monitoring any transaction
between you and third-party providers of products
or services. As with the purchase of a product
or service through any medium or in any environment,
you should use your best judgment and exercise
caution where appropriate.
7. Limitation of liability
In no event shall the best rides, its officers,
directors, employees, or agents, be liable to
you for any direct, indirect, incidental, special,
punitive, or consequential damages whatsoever
resulting from any (i) errors, mistakes, or inaccuracies
of content, (ii) personal injury or property damage,
of any nature whatsoever, resulting from your
access to and use of our website, (iii) any unauthorized
access to or use of our secure servers and/or
any and all personal information and/or financial
information stored therein, (iv) any interruption
or cessation of transmission to or from our website,
(iv) any bugs, viruses, trojan horses, or the
like, which may be transmitted to or through our
website by any third party, and/or (v) any errors
or omissions in any content or for any loss or
damage of any kind incurred as a result of your
use of any content posted, emailed, transmitted,
or otherwise made available via the best rides
website, whether based on warranty, contract,
tort, or any other legal theory, and whether or
not the company is advised of the possibility
of such damages. The foregoing limitation of liability
shall apply to the fullest extent permitted by
law in the applicable jurisdiction.
You specifically acknowledge that the best rides
shall not be liable for user submissions or the
defamatory, offensive, or illegal conduct of any
third party and that the risk of harm or damage
from the foregoing rests entirely with you.
The Website is controlled and offered by The
Best Rides from its facilities in England. The
Best Rides makes no representations that The Best
Rides Website is appropriate or available for
use in other locations. Those who access or use
The Best Rides Website from other jurisdictions
do so at their own volition and are responsible
for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless
The Best Rides, its parent compnany, officers,
directors, employees and agents, from and against
any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including
but not limited to legal fees) arising from: (i)
your use of and access to The Best Rides Website;
(ii) your violation of any term of these Terms
of Service; (iii) your violation of any third
party right, including without limitation any
copyright, property, or privacy right; or (iv)
any claim that one of your User Submissions caused
damage to a third party. This defence and indemnification
obligation will survive these Terms of Service
and your use of The Best Rides Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 17 years
of age, or an emancipated minor, or possess legal
parental or guardian consent, and are fully able
and competent to enter into the terms, conditions,
obligations, affirmations, representations, and
warranties set forth in these Terms of Service,
and to abide by and comply with these Terms of
Service. In any case, you affirm that you are
over the age of 13, as the The Best Rides Website
is not intended for children under 13. If you
are under 13 years of age, then please do not
use The Best Rides Website—there are lots
of other great web sites for you. Talk to your
parents about what sites are appropriate for you.
10. Assignment
These Terms of Service, and any rights and licenses
granted hereunder, may not be transferred or assigned
by you, but may be assigned by The Best Rides
without restriction.
11. General
You agree that: (i) The Best Rides Website shall
be deemed solely based in England; and (ii) The
Best Rides Website shall be deemed a passive website
that does not give rise to personal jurisdiction
over The Best Rides, either specific or general,
in jurisdictions other than England. These Terms
of Service shall be governed by the internal substantive
laws of England, without respect to its conflict
of laws principles. Any claim or dispute between
you and The Best Rides that arises in whole or
in part from The Best Rides Website shall be decided
exclusively by a court of competent jurisdiction
located in England. These Terms of Service, together
with the Privacy
Notice and any other legal notices published
by The Best Rides on the Website, shall constitute
the entire agreement between you and The Best
Rides concerning The Best Rides Website. If any
provision of these Terms of Service is deemed
invalid by a court of competent jurisdiction,
the invalidity of such provision shall not affect
the validity of the remaining provisions of these
Terms of Service, which shall remain in full force
and effect. No waiver of any term of this these
Terms of Service shall be deemed a further or
continuing waiver of such term or any other term,
and The Best Rides's failure to assert any right
or provision under these Terms of Service shall
not constitute a waiver of such right or provision.
The Best Rides reserves the right to amend these
Terms of Service at any time and without notice,
and it is your responsibility to review these
Terms of Service for any changes. Your use of
The Best Rides Website following any amendment
of these Terms of Service will signify your assent
to and acceptance of its revised terms. You and
the best rides agree that any cause of action
arising out of or related to the best rides website
must commence within one (1) year after the cause
of action accrues. Otherwise, such cause of action
is permanently barred.
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