Hi! You are now reading RidesAndChicks.com's Terms of Service, meaning the
contract between you and RidesAndChicks.com when you use RidesAndChicks.com's
site, services, and products. You should read this carefully before you use
RidesAndChicks.com. We've tried to be fair and straightforward. If you have any
questions or suggestions, feel free to email us. We've also included several
annotations; these annotations aren't a part of the contract itself, but are
intended to help you follow the text and emphasize key sections.
This site contains sexual content, including pictorial nudity and adult language. It is to be accessed only by persons who are 18 years of age or older (and is not considered to be a minor in his/her state of residence) and who live in a community or local jurisdiction where nude pictures and explicit adult materials are not prohibited by law. By accessing this website, you are representing to us that you meet the above qualifications. A false representation may be a criminal offense.
I confirm and represent that I am 18 years of age or older (and am not considered to be a minor in my state of residence) and that I am not located in a community or local jurisdiction where nude pictures or explicit adult materials are prohibited by any law. I agree to report any illegal services or activities which violate the Terms of Use. I also agree to report suspected exploitation of minors and/or human trafficking to the appropriate authorities.
I have read the disclaimer and agree to all rules and regulations including the Terms of Use
1. Accepting the Terms of Service
Please read these Terms of Service, our Privacy Policy, and our Community
Guidelines (collectively, the "Agreement") carefully before using
RidesAndChicks.com (the "Site") and/or the other domains, products,
services, and/or content provided by RidesAndChicks.com, Inc. (all of those
collectively with the Site, the "Services") (RidesAndChicks.com, Inc., a
Delaware corporation, collectively with its agents, consultants, employees,
officers and directors, "RidesAndChicks.com," "we," or "us"). By using or
accessing the Services, you ("Subscriber" or "you") agree to become bound by all
the terms and conditions of this Agreement. If you do not agree to all the terms
and conditions of this Agreement, you shouldn't and aren't permitted to use the
Services.
2. Modifications to this Agreement
RidesAndChicks.com reserves the right, in its sole discretion, to modify this
Agreement at any time by posting a revised Agreement through the Services and by
providing notice to you that this Agreement has changed, generally via e-mail
where practicable, and otherwise through the Services (such as through a
notification in your RidesAndChicks.com Dashboard). You are responsible for
reviewing and becoming familiar with any modifications to this Agreement.
Modifications are effective when posted, and your use of the Services following
any such posted modification and notice of same constitutes your acceptance of
the terms and conditions of this Agreement as modified. Note that, if you have
prepaid for any Paid Services (as defined below) prior to a modification of this
Agreement, your use of such prepaid Paid Services is governed by the version of
this Agreement in effect at the time RidesAndChicks.com received your
prepayment.
As RidesAndChicks.com grows and improves, we might have to make changes to the
Terms of Service. When we do, we'll let you know. We're also going to make it a
practice to post old versions so it's easy to see changes/additions/deletions.
To see old versions, scroll down to the end of this document.
3. Use of the Services
Eligibility: No individual under the age of thirteen (13) may use the Services
or provide any information to RidesAndChicks.com or otherwise through the
Services (including, for example, a name, address, telephone number, or email
address). You otherwise may only use the Services if you can form a binding
contract with RidesAndChicks.com and are not legally prohibited from using the
Services.
You have to be at least 13 years old to use RidesAndChicks.com. We're serious:
it's a hard rule, based on U.S. federal and state legislation, even if you're
12.9 years old. If you're younger than 13, don't use RidesAndChicks.com. Ask
your parents for an Xbox or try books.
Service Changes and Limitations: The Services change frequently, and their form
and functionality may change without prior notice to you. RidesAndChicks.com
retains the right to create limits on and related to use of the Services in its
sole discretion at any time with or without notice. RidesAndChicks.com may also
impose limits on certain Services or aspects of those Services or restrict your
access to parts or all of the Services without notice or liability.
RidesAndChicks.com may change, suspend, or discontinue any or all of the
Services at any time, including the availability of any product, feature,
database, or Content (as defined below). RidesAndChicks.com may also suspend
Accounts (as defined below) at any time, in its sole discretion.
This section makes it clear that RidesAndChicks.com is an ever-evolving
platform. With new products, services, and features launching all the time, we
need flexibility to make changes, impose limits, and occasionally suspend or
terminate certain offerings (like features that flop). We can also suspend any
individual account at any time. That sounds harsh, but we only use that power
when we have a reason, as outlined in these Terms of Service, our Privacy
Policy, and our Community Guidelines.
Limitations on Automated Use: You may not do any of the following while
accessing or using the Services: (a) access, tamper with, or use non-public
areas of the Services, or the computer or delivery systems of RidesAndChicks.com
and/or its service providers; (b) probe, scan, or test any system or network
(particularly for vulnerabilities), or otherwise attempt to breach or circumvent
any security or authentication measures; (c) access or search or attempt to
access or search the Services by any means (automated or otherwise) other than
through our currently available, published interfaces that are provided by
RidesAndChicks.com (and only pursuant to those terms and conditions), unless you
have been specifically allowed to do so in a separate agreement with
RidesAndChicks.com, or unless permitted by RidesAndChicks.com's robots.txt file
or other robot exclusion mechanisms; (d) scrape the Services, and particularly
scrape Content (as defined below) from the Services, without
RidesAndChicks.com's express prior written consent; (e) use the Services to send
altered, deceptive, or false source-identifying information, including without
limitation by forging TCP-IP packet headers or e-mail headers; or (f) interfere
with, or disrupt, (or attempt to do so), the access of any Subscriber, host or
network, including, without limitation, by sending a virus to, spamming, or
overloading the Services, or by scripted use of the Services in such a manner as
to interfere with or create an undue burden on the Services.
Don't do bad things to RidesAndChicks.com or other users. Some particularly
egregious examples of automated "bad things" are listed in this section.
4. Registration, RidesAndChicks.com URLs, and Security
As a condition to using certain of the Services, you may be required to create
an account (an "Account") and select a password and RidesAndChicks.com username,
which will serve as a default URL of the form [username].RidesAndChicks.com.com
(a "RidesAndChicks.com URL"). You may also select new RidesAndChicks.com URLs
for each blog you create.
You should provide RidesAndChicks.com with accurate, complete, and updated
registration information, particularly your e-mail address, and failure to do so
may result in suspension of your Account.
It's really important that the email address associated with your
RidesAndChicks.com Account is accurate and up-to-date. If you ever forget your
password - or worse, fall victim to a malicious phishing attack - a working
email address is often the only way for us to recover your account.
You agree that you shall not select or use as a RidesAndChicks.com URL a name of
another person or entity with the intent to impersonate that person or entity or
with the intent to otherwise cause confusion as to the origin or provenance of
your Account. RidesAndChicks.com reserves the right to refuse registration of,
cancel, or modify a RidesAndChicks.com URL in its sole discretion.
Don't choose a RidesAndChicks.com URL with the intention of impersonating
someone/something or otherwise causing confusion about who's behind your blog.
Parody, criticism, and other fair uses of others' names are fine, so long as
there's no intention to impersonate or confuse.
You are also responsible for maintaining the confidentiality of your Account
password and for the security of your Account, and you will notify
RidesAndChicks.com immediately of any actual or suspected loss, theft, or
unauthorized use of your Account or Account password.
5. Privacy
Any information you provide to RidesAndChicks.com is subject to
RidesAndChicks.com's Privacy Policy, which governs our collection and use of
your information. You understand that through your use of the Services you
consent to the collection and use (as set forth in the Privacy Policy) of this
information.
6. Content and Subscriber Content
Definitions: For purposes of this Agreement: (1) the term "Content" means a
creative expression and includes, without limitation, video, audio, photographs,
images, illustrations, animations, logos, tools, written posts, replies, and
comments, information, data, text, software, scripts, executable files,
graphics, Themes (as defined below), and interactive features, any of which may
be generated, provided, or otherwise made accessible on or through the Services;
(2) the term "Subscriber Content" is all Content that is posted or otherwise
provided or transferred to the Services by a Subscriber (including, without
limitation, by you); and Content also includes, without limitation, all
Subscriber Content.
Ownership: Subscribers retain ownership of all intellectual property rights in
their Subscriber Content, and RidesAndChicks.com and/or third parties retain
ownership of all intellectual property rights in all Content other than
Subscriber Content.
You retain ownership of any intellectual property you post to RidesAndChicks.com.
Subscriber Content License to RidesAndChicks.com: When you transfer Subscriber
Content to RidesAndChicks.com through the Services, you give RidesAndChicks.com
a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and
license to use, host, store, cache, reproduce, publish, display (publicly or
otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt
(including, without limitation, in order to conform it to the requirements of
any networks, devices, services, or media through which the Services are
available), and create derivative works of (including, without limitation, by
Reblogging, as defined below), such Subscriber Content. The rights you grant in
this license are for the limited purpose of operating the Services in accordance
with their functionality, improving the Services, and allowing
RidesAndChicks.com to develop new Services. The reference in this license to
"derivative works" is not intended to give RidesAndChicks.com itself a right to
make substantive editorial changes or derivations, but does enable
RidesAndChicks.com Subscribers to redistribute Subscriber Content from one
RidesAndChicks.com blog to another in a manner that allows Subscribers to, e.g.,
add their own text or other Content before or after your Subscriber Content ("Reblogging").
When you upload your creations to RidesAndChicks.com, you grant us a license to
make that content available in the ways you'd expect from using our services
(for example, via your blog, RSS, the RidesAndChicks.com Dashboard, etc.). We
never want to do anything with your content that surprises you.
Something else worth noting: Countless RidesAndChicks.com blogs have gone on to
spawn books, films, albums, brands, and more. We're thrilled to offer our
support as a platform for our creators, and we'd never claim to be entitled to
royalties or reimbursement for the success of what you've created. It's your
work, and we're proud to be a part (however small) of what you accomplish.
You also agree that this license includes the right for RidesAndChicks.com to
make all publicly-posted Content available to third parties selected by
RidesAndChicks.com, so that those third parties can distribute and/or analyze
such Content on other media and services.
An example of what it means to "make all publicly-posted Content available" to a
RidesAndChicks.com partner for distribution or analysis would be if we licensed
a feed of already-publicly-available Content to a partner, similar to how
Twitter makes feeds available through its Streaming API.
Note also that this license to your Subscriber Content continues even if you
stop using the Services, primarily because of the social nature of Content
shared through the Services - when you post something publicly, others may
choose to comment on it, making your Content part of a social conversation that
cannot later be erased without retroactively censoring the speech of others.
One thing you should consider before posting: When you make something publicly
available on the Internet, it becomes practically impossible to take down all
copies of it.
You also agree that you will respect the intellectual property rights of others,
and represent that you have all of the necessary rights to grant us this license
for all Subscriber Content you submit to the Services.
Content License to You: As a Subscriber of the Services, RidesAndChicks.com
grants you a worldwide, non-exclusive, non-sublicensable, and non-transferable
license to download, store, view, display, perform, redistribute, and create
derivative works of Content solely in connection with your use of, and in
accordance with the functionality and restrictions of, the Services (including,
without limitation, Paid Services, as defined below). This means, for example,
that we license Content to you so that you can Reblog Content and add commentary
to it.
Compliance with Community Guidelines: You agree that you won't post Subscriber
Content that violates, or otherwise use your Account in ways that violate,
RidesAndChicks.com's Community Guidelines.
Termination and Deletion: On termination of your Account or upon your deletion
of particular pieces of Subscriber Content from the Services, RidesAndChicks.com
shall make reasonable efforts to make such Subscriber Content inaccessible and
cease use of it; however, you acknowledge and agree that: (a) caching of, copies
of, or references to the Subscriber Content may not be immediately removed; (b)
such removed Subscriber Content may persist in backups (not available to others)
for a reasonable period of time; and (c) such removed Subscriber Content may be
available (and stored on our servers) through the accounts of other Subscribers,
such as because of Reblogging.
7. Special Provisions for Application Developers
If you develop software or services based on the Services or any Content,
whether using the RidesAndChicks.com Application Programming Interface or not,
you will agree to and comply with the RidesAndChicks.com Application Developer
and API License Agreement.
8. Use of Trademarks
Any use of RidesAndChicks.com's trademarks, branding, logos and other such
assets in connection with the Services shall be in accordance with the
RidesAndChicks.com Trademark Guidelines.
9. Blog Themes
RidesAndChicks.com makes available specialized HTML and CSS code ("RidesAndChicks.com
Template Code") for the design and layout of blog pages available for use on
some of the Services ("Themes"). Certain Themes are available for purchase as a
Paid Service (as defined below) (such Themes, "Premium Themes"). Purchased
Premium Themes may not be transferred between Accounts, between blogs, or
between Services on a single Account and are subject to the payment terms
herein.
RidesAndChicks.com grants you a license to customize the RidesAndChicks.com
Template Code to create your own Themes for use on your blog page (each a
"Custom Theme"). If you choose, you may also contribute your Custom Themes for
use by other Subscribers as Subscriber Content. However, as a condition of the
license allowing you to create Custom Themes, you agree that you won't
distribute such Custom Themes from locations other than RidesAndChicks.com-owned
or approved websites without our permission, as set out in our Community
Guidelines.
Note also that other Subscribers may use your Custom Themes after you have
removed them from distribution, and you hereby grant those Subscribers an
irrevocable license to use those Custom Themes as contributed by you. In other
words, you can remove and stop distribution of your Custom Themes, but
Subscribers who are already using them can keep using them.
To develop and distribute Custom Themes that are Premium Themes, please email
us.
10. Paid Services
Some of the Services require payment of fees (the "Paid Services," including
without limitation Premium Themes). All fees are stated in United States
dollars. You shall pay all applicable fees, as described in the applicable
Services, in connection with such Services, and any related taxes or additional
charges.
Paid Services are limited licenses for you to use particular for-pay aspects of
the Services. Usage of terms like sell, sale, buy, purchase, or similar terms
all refer to your acquisition of a license to use Paid Services, and do not
represent any transfer of any right, title, or ownership interest of any kind.
You may not relicense, resell, transfer, or exchange Paid Services within or
outside of the Services, except as expressly allowed by the rules of the
Services.
RidesAndChicks.com may, in its sole discretion, modify the functionality of, or
eliminate, Paid Services, or the terms and conditions under which Paid Services
are provided.
Purchases of Paid Services are final and non-refundable (particularly those Paid
Services that may be used immediately, such as Promotions, as defined below),
except at RidesAndChicks.com's sole discretion and in accordance with the rules
governing each such Paid Service. Termination of your Account or your rights
under this Agreement may result in forfeiture of existing Paid Services. For
example, if your Account is suspended, you forfeit your license to any Premium
Themes you have purchased.
RidesAndChicks.com may change its prices for Paid Services at any time. To the
extent applicable, RidesAndChicks.com will provide you reasonable notice of any
such pricing changes by posting the new prices on or through the applicable Paid
Service and/or by sending you email notification. If you do not wish to pay the
new prices, you may choose not to purchase, or to cancel, the applicable Paid
Service prior to the change going into effect.
11. Special Provisions for Promotions
Some features of the Services may allow you to promote yourself to other
Subscribers, and some of these features may be Paid Services ("Promotions"). For
example, you can use RidesAndChicks.com's Highlighted Post Paid Service to draw
extra attention to your posts when they appear in the Dashboard feeds of your
blog followers.
This section covers the rules and sets some expectations around paid promotion
features like Blog Promotion (from the old Directory, likely to make a return)
and Highlighted Posts.
The following additional terms apply to Promotions:
Things that you promote will comply with this Agreement; if they don't,
RidesAndChicks.com reserves the right, in its sole discretion, to cancel a
Promotion without refund or recourse to you.
RidesAndChicks.com may remove or disable any Promotion for any reason in its
sole discretion.
RidesAndChicks.com does not guarantee any activity that Promotions may receive,
including but not limited to clicks, Likes, and Reblogs. RidesAndChicks.com
cannot control how Subscribers interact with Promotions and is not responsible
for "click fraud" or other fraudulent actions by third parties, including,
without limitation, Subscribers. RidesAndChicks.com doesn't guarantee that its
reporting related to Promotions will be accurate or complete, nor does it
guarantee that Promotions will behave in a particular manner, and
RidesAndChicks.com shall not be liable to you or responsible for any erroneous
reporting about or errant behavior of or related to Promotions (e.g., any errors
in how "likes" or Reblogs are counted).
Promotions may allow targeting to some Subscriber characteristics, such as by
suggesting new blogs to follow based on currently followed blogs.
RidesAndChicks.com does not guarantee that any particular Promotion will reach a
particular sort of individual in all cases.
You can cancel certain Promotions at any time (depending on their
functionality), but are responsible for paying for Promotions at least to the
extent they have already been distributed through the Services.
By submitting a Promotion, you license RidesAndChicks.com to run that Promotion
for as long as you have specified, which, depending on the Promotion, may be
perpetually. This license ends when the Promotion has completed or been
cancelled, but it may take up to twenty four (24) hours before a Promotion stops
being reflected on the Services.
12. Warranty Disclaimer; Services Available on an "AS-IS" Basis
Your access to and use of the Services or any Content is at your own risk. YOU
UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS
AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED
BY LAW, RidesAndChicks.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
RidesAndChicks.com makes no representations or warranties of any kind with
respect to the Services, including any representation or warranty that the use
of the Services will (a) be timely, uninterrupted or error-free or operate in
combination with any other hardware, software, system or data, (b) meet your
requirements or expectations, (c) be free from errors or that defects will be
corrected, or (d) be free of viruses or other harmful components.
RidesAndChicks.com also makes no representations or warranties of any kind with
respect to Content; Subscriber Content, in particular, is provided by and is
solely the responsibility of, the Subscribers providing that Content. No advice
or information, whether oral or written, obtained from RidesAndChicks.com or
through the Services, will create any warranty not expressly made herein.
13. Release From Liability
You release, to the fullest extent permitted by law, RidesAndChicks.com, its
directors, officers, shareholders, employees, representatives, consultants,
agents, suppliers, and/or distributors from responsibility, liability, claims,
demands, and/or damages (actual and consequential) of every kind and nature,
known and unknown, arising out of or in any way connected with the following:
Disputes between Subscribers, including those between you and other Subscribers.
Third party sites and services, including content found on such sites and
services.
Disputes concerning any use of or action taken using your Account by you or a
third party.
Claims relating to the unauthorized access to any data communications or Content
stored under or relating to your Account, including unauthorized use or
alteration of such communications or your Content.
Claims relating to in any way to any face-to-face meetings in any way related to
RidesAndChicks.com at any venues ("Meetups"), including without limitation
claims related to the actions or omissions of any Subscribers or third parties
who organize, attend, or are otherwise involved in any Meetups; see our Meetups
page for more information. RidesAndChicks.com does not sponsor, oversee, or in
any manner control Meetups.
If you are a California resident, you waive California Civil Code §1542, which
says: "A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with the
debtor."
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RidesAndChicks.com, ITS
DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS,
AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY
INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER
INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY
TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF
ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION,
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY
MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT
RidesAndChicks.com HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND
FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL
PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF
RidesAndChicks.com AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES,
REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY
CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO
THE GREATER OF FIFTY DOLLARS (US$50.00) OR THE AMOUNT YOU PAID US TO USE THE
APPLICABLE SERVICE(S).
15. Exclusions to Warranties and Limitation of Liability
Some jurisdictions may not allow the exclusion of certain warranties or the
exclusion/limitation of liability as set forth in Section 14, so the limitations
above may not apply to you.
16. Termination
Either party may terminate this Agreement at any time by notifying the other
party. RidesAndChicks.com may also terminate or suspend your access to or
ability to use any and all Services immediately, without prior notice or
liability, for any reason or no reason, including but not limited to if you
breach any of the terms or conditions of this Agreement. In particular,
RidesAndChicks.com may immediately terminate or suspend Accounts that have been
flagged for repeat copyright infringement.
Upon termination of your access to or ability to use a Service, including but
not limited to suspension of your Account on a Service, your right to use or
access that Service and any Content will immediately cease. All provisions of
this Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, and limitations of liability. Termination of your access to and use
of the Services shall not relieve you of any obligations arising or accruing
prior to such termination or limit any liability which you otherwise may have to
RidesAndChicks.com or any third party.
17. Legal Disputes
You and RidesAndChicks.com agree that we will resolve any claim or controversy
at law or equity that arises out of this Agreement or the Services in accordance
with this Section or as you and RidesAndChicks.com otherwise agree in writing.
Before resorting to litigation, we strongly encourage you to contact us directly
to seek a resolution.
Law and Forum for Legal Disputes: This Agreement shall be governed in all
respects by the laws of the State of New York as they apply to agreements
entered into and to be performed entirely within New York between New York
residents, without regard to conflict of law provisions. You agree that any
claim or dispute you may have against RidesAndChicks.com must be resolved
exclusively by a state or federal court located in New York County, New York,
except as otherwise agreed by the parties. You agree to submit to the personal
jurisdiction of the courts located within New York County, New York for the
purpose of litigating all such claims or disputes.
18. Miscellaneous
This Agreement, as modified from time to time, constitutes the entire agreement
between you and RidesAndChicks.com with respect to the subject matter hereof.
This Agreement replaces all prior or contemporaneous understandings or
agreements, written or oral, regarding the subject matter hereof and constitutes
the entire and exclusive agreement between the parties. The failure of either
party to exercise in any respect any right provided for herein shall not be
deemed a waiver of any further rights hereunder. If any provision of this
Agreement is found to be unenforceable or invalid, that provision shall be
limited or eliminated to the minimum extent necessary so that this Agreement
shall otherwise remain in full force and effect and enforceable. This Agreement
is not assignable, transferable, or sublicensable by you except with
RidesAndChicks.com's prior written consent. RidesAndChicks.com may assign this
Agreement in whole or in part at any time without your consent. No agency,
partnership, joint venture, or employment is created as a result of this
Agreement and you do not have any authority of any kind to bind
RidesAndChicks.com in any respect whatsoever. Any notice to RidesAndChicks.com
that is required or permitted by this Agreement shall be in writing and shall be
deemed effective upon receipt, when delivered in person by nationally recognized
overnight courier or mailed by first class, registered or certified mail,
postage prepaid, to RidesAndChicks.com, Inc., 35 East 21st Street, 6th Floor,
New York, NY, 10010, Attn: Legal Department.
19. Special Provisions for Subscribers Located Outside of the United States
RidesAndChicks.com provides global products and services and enables a global
community for individuals to share and follow the things they love.
RidesAndChicks.com's operations are, however, located in the United States, and
RidesAndChicks.com's policies and procedures are based on United States law. As
such, the following provisions apply specifically to Subscribers located outside
of the United States: (1) you consent to the transfer, storage, and processing
of your information, including but not limited to Subscriber Content and any
personal information, to and in the United States and/or other countries; and
(2) if you are using the Services from a country embargoed by the United States,
or are on the United States Treasury Department's list of "Specially Designated
Nationals," you agree that you will not conduct any commercial activities using
or through the Services (for example, purchasing Premium Themes).
20. DMCA Copyright Policy
RidesAndChicks.com has adopted the following policy toward copyright
infringement on the Services in accordance with the Digital Millennium Copyright
Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf,
the "DMCA"). The address of RidesAndChicks.com's Designated Agent for copyright
takedown notices ("Designated Agent") is listed below.
Reporting Instances of Copyright Infringement:
If you believe that Content residing or accessible on or through the Services
infringes a copyright, please send a notice of copyright infringement containing
the following information to the Designated Agent at the address below:
Identification of the work or material being infringed.
Identification of the material that is claimed to be infringing, including its
location, with sufficient detail so that RidesAndChicks.com is capable of
finding it and verifying its existence.
Contact information for the notifying party (the "Notifying Party"), including
name, address, telephone number and e-mail address.
A statement that the Notifying Party has a good faith belief that the material
is not authorized by the copyright owner, its agent or law.
A statement made under penalty of perjury that the information provided in the
notice is accurate and that the Notifying Party is authorized to make the
complaint on behalf of the copyright owner.
A physical or electronic signature of a person authorized to act on behalf of
the owner of the copyright that has been allegedly infringed.
After removing material pursuant to a valid DMCA notice, RidesAndChicks.com will
immediately notify the Subscriber responsible for the allegedly infringing
material that it has removed or disabled access to the material.
RidesAndChicks.com reserves the right, in its sole discretion, to immediately
terminate the account of any Subscriber who is the subject of repeated DMCA
notifications.
Submitting a DMCA Counter-Notification:
If you believe you are the wrongful subject of a DMCA notification, you may file
a counter-notification with RidesAndChicks.com by providing the following
information to the Designated Agent at the address below:
The specific URLs of material that RidesAndChicks.com has removed or to which
RidesAndChicks.com has disabled access.
Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of Federal District Court for
the judicial district in which your address is located (or the federal district
courts located in New York County, New York if your address is outside of the
United States), and that you will accept service of process from the person who
provided the original DMCA notification or an agent of such person.
The following statement: "I swear, under penalty of perjury, that I have a good
faith belief that the material was removed or disabled as a result of a mistake
or misidentification of the material to be removed or disabled."
Your signature.
Upon receipt of a valid counter-notification, RidesAndChicks.com will forward it
to Notifying Party who submitted the original DMCA notification. The original
Notifying Party (or the copyright holder he or she represents) will then have
ten (10) days to notify us that he or she has filed legal action relating to the
allegedly infringing material. If RidesAndChicks.com does not receive any such
notification within ten (10) days, we may restore the material to the Services.
You will find a link to prior versions of our Terms of Service below. We have
stored these versions on GitHub, which will also allow you to compare different
versions and see what terms have changed: