This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Date of Last Revision: November 15, 2017
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “SRR”) derives from the Gateway Riders Motorcycle Club Principles, and is our terms of service that governs our relationship with users and others who interact with Gateway Riders Motorcycle Club, as well as Gateway Riders Motorcycle Club brands, platforms and website, which we call the “Gateway Riders Motorcycle Club website” or “Gateway Riders Motorcycle Club” or “website”. By using or accessing the Gateway Riders Motorcycle Club website, you agree to this Statement, as updated from time to time in accordance with Section 13 below. Additionally, you will find resources at the end of this document that help you understand how Gateway Riders Motorcycle Club works.
Because Gateway Riders Motorcycle Club provides Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.
- Privacy
Your privacy is important to us. We designed our DataPolicy to make important disclosures about how you can use Gateway Riders Motorcycle Club to share with others and how we collect and can use your content and information. - Sharing Your Content and Information
You own all of the content and information you post on Gateway Riders Motorcycle Club, and you can control how it is shared through your posts and comments. In addition:- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your your posts and comments: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Gateway Riders Motorcycle Club (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies (but will not be available to others).
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, including how you can control what information other people may share with applications, read our Bylaws.) When you publish content or information, it means that you are allowing everyone, including people off of Gateway Riders Motorcycle Club, to access and use that information, and to associate it with you (i.e., your name and profile picture). We always appreciate your feedback or other suggestions about Gateway Riders Motorcycle Club, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
- Safety
We do our best to keep Gateway Riders Motorcycle Club safe, but we cannot guarantee it. We need your help to keep Gateway Riders Motorcycle Club safe, which includes the following commitments by you:- You will not post unauthorized commercial communications (such as spam) on Gateway Riders Motorcycle Club.
- You will not collect users’ content or information, or otherwise access Gateway Riders Motorcycle Club, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Gateway Riders Motorcycle Club. You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements).
- You will not use Gateway Riders Motorcycle Club to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Gateway Riders Motorcycle Club, such as a denial of service attack or interference with page rendering or other Gateway Riders Motorcycle Club
functionality. - You will not facilitate or encourage any violations of this Statement or our policies.
- Registration and Account Security
Gateway Riders Motorcycle Club users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:- You will not provide any false personal information on Gateway Riders Motorcycle Club, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal timeline primarily for your own commercial gain, and will use a Gateway Riders Motorcycle Club Page for such purposes.
- You will not use Gateway Riders Motorcycle Club if you are under 13.
- You will not use Gateway Riders Motorcycle Club if you are a bad person.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
- Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.- You will not post content or take any action on Gateway Riders Motorcycle Club that infringes or violates someone else’s rights or otherwise violates the law.
- We can remove any content or information you post on Gateway Riders Motorcycle Club if we believe that it violates this Statement or our policies.
- We authorize you to protect your intellectual property rights.
- If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
- You will not use our logo or any confusingly similar marks, except as expressly permitted by our guidelines or with our prior written permission. Use of rally logos, graphics or artwork is by written permission only.
- If you collect information from users, you will: obtain their consent, make it clear you (and not Gateway Riders Motorcycle Club) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
- You will not post anyone’s identification documents or sensitive financial information on Gateway Riders Motorcycle Club. You will not tag users or send email invitations to non-users without their consent. Gateway Riders Motorcycle Club enables users to post feedback.
- Mobile and Other Devices
- We currently provide a mobile website version for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
- In the event you change or deactivate your mobile telephone number, you will update your account information on Gateway Riders Motorcycle Club to ensure that your messages are not sent to the person who acquires your old number.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Gateway Riders Motorcycle Club.
- Payments
If you make a payment on Gateway Riders Motorcycle Club, you agree to our Bylaws unless it is stated that other terms apply. - Special Provisions Applicable to contributors.
If you are a writer or content developer on another platform or website or if you use Social Plugins, you must comply with the GatewayRiders Motorcycle Club Bylaws. - About Advertisements and Other Commercial Content Served or Enhanced by Gateway Riders Motorcycle Club
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:- You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
- Special Provisions Applicable to Advertisers
Advertising or other commercial content or sponsored activity or content placed on Gateway Riders Motorcycle Club or our network will comply with our Bylaws. - Special Provisions Applicable to Pages
If you create a Post on Gateway Riders Motorcycle Club, or run a promotion or an offer from your Page, you agree to our Bylaws. - Special Provisions Applicable to Software
- If you download or use our website, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the website.
- You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
- Amendments
- We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our website.
- If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Bylaws Page.
- Your continued use of the Gateway Riders Motorcycle Club website, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
- Termination
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Gateway Riders Motorcycle Club to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time by notifying Gateway Riders Motorcycle Club. In all such cases, this Statement shall terminate, but applicable provisions will still apply. - Disputes
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Gateway Riders Motorcycle Club exclusively in the U.S. District Court in St. Louis or a state court located in St. Louis County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Missouri will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on Gateway Riders Motorcycle Club, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Gateway Riders Motorcycle Club and are not responsible for the content or information users transmit or share on Gateway Riders Motorcycle Club. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Gateway Riders Motorcycle Club. We are not responsible for the conduct, whether online or offline, of any user of Gateway Riders Motorcycle Club.
- WE TRY TO KEEP Gateway Riders Motorcycle Club UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING Gateway Riders Motorcycle Club AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT Gateway Riders Motorcycle Club WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT Gateway Riders Motorcycle Club WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. Gateway Riders Motorcycle Club IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A MISSOURI RESIDENT, YOU WAIVE RIGHT THAT DO NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR Gateway Riders Motorcycle Club, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR Gateway Riders Motorcycle Club WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Gateway Riders Motorcycle Club’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Special Provisions Applicable to Users
We strive to create a local community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Gateway Riders Motorcycle Club outside the United States:You consent to having your personal data transferred to and- processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in any activities on Gateway Riders Motorcycle Club or Platform application or website. You will not use Gateway Riders Motorcycle Club if you are prohibited from receiving products, services, or software originating from the United States.
- Use of this website is intended for U.S. residents and users.
- Definitions
- By “Gateway Riders Motorcycle Club” or” Gateway Riders Motorcycle Club website” we mean the features and services we make available, including through (a) our website at www.GatewayRiders.com and any other Gateway Riders Motorcycle Club branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins, and other similar offerings; and (d) other media, brands, products, services, software, devices, or networks now existing or later developed. Gateway Riders Motorcycle Club reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
- By “Platform” we mean a set of APIs and website code (such as content) that enable others, to retrieve data from Gateway Riders Motorcycle Club or provide data to us.
- By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with Gateway Riders Motorcycle Club.
- By “content” we mean anything you or other users post, provide or share using Gateway Riders Motorcycle Club website.
- By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from Gateway Riders Motorcycle Club or provide to Gateway Riders Motorcycle Club through Platform.
- By “post” we mean post on Gateway Riders Motorcycle Club or otherwise make available by using Gateway Riders Motorcycle Club.
- By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
- By “Trademarks” we mean the list of trademarks of our logo, rally logos or other official created graphics relating to the Gateway Riders Motorcycle Club.
- Other
- If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Gateway Riders Motorcycle Club. Otherwise, this Statement is an agreement between you and Gateway Riders Motorcycle Club. References to “us,” “we,” and “our” mean either Gateway Riders Motorcycle Club as appropriate.
- This Statement makes up the entire agreement between the parties regarding Gateway Riders Motorcycle Club, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition,
or sale of assets, or by operation of law or otherwise. - Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Gateway Riders Motorcycle Club.