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Terms and Conditions

This service is provided by BustedSpoke.com for use by bikers and other visitors to the BustedSppoke.com Web Site (collectively known as "Users"). This page states the Terms and Conditions under which you, as a User, may use this Web Site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this Web Site. BustedSpoke.com may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review these Terms and Conditions, because they are binding on you. If you violate any of these Terms, your permission to use this site may be automatically terminated.

Privacy Policy

The privacy of individuals who visit our Web Site or provide an e-mail address to receive newsletters and the like is a matter of importance to us. We are concerned about your privacy and the protection of that privacy. The following outlines our policies with regard to the protection of your private information.

BustedSpoke.com will not collect any information about you such as your name, address, telephone number, or e-mail address unless you provide it to us voluntarily. If you do not want personally identifiable information or data collected we advise that you do not submit such information to us. In the event that such information has been provided you may contact us and we will make all reasonable effort to remove such information from any existing data files. Certain non-personal information may be gathered and stored to log files as you use our site, for statistical purposes only.

At the present time, we do not share, disclose or sell any personally identifiable information collected. Any e-mail addresses submitted to BustedSpoke.com or collected by BustedSpoke.com are used to deliver to you our newsletter or other important information regarding this and other sites we own. Should we determine to make such information available to third parties we will endeavor to provide notification of such intention and offer a reasonable opportunity for Users to indicate a preference that such information not be shared.

Certain non-personal information and data may be automatically collected either by BustedSpoke.com or third party advertisers through the standard operation of our servers or through the use of "cookies". "Cookies" are small text files used to recognize repeat visitors, permit access to and use of the site and allow a site to track usage behavior and compile data that will allow content improvements and targeted advertising. Information of this nature collected by BustedSpoke.com shall be used for statistical purposes only.

Users should also be aware that when they voluntarily disclose personally identifiable information (e.g., user name, e-mail address, etc.) that such information, along with any substantive information disclosed, can be collected and used by third parties and may result in unsolicited messages from other users or third parties. Such activities are beyond the control of BustedSpoke.com. Information disclosed in your membership profile, the forums or photo submittals becomes public information and you should exercise caution when deciding to disclose your personal information. Additionally, BustedSpoke.com may contain links to other sites and is not responsible for the privacy practices or the content of such third party sites.

By visiting and participating in our online service you indicate your agreement with the above stated Privacy Policy. If you do not agree to this policy, do not use this site. BustedSpoke.com reserves the right to change this policy at any time. Please check this page periodically for changes. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.

If you have submitted personally identifiable information to BustedSpoke.com and would like that information removed from our records, you may contact us at admin@bustedspoke.com.

COPPA

The Children's Online Privacy Protection Act (COPPA) was signed into law on October 21, 1998 and is effective as of April 21, 2000. The purpose of COPPA is to regulate the online collection and use of personal information provided by and concerning children under the age of thirteen. On October 21, 1999, the Federal Trade Commission, pursuant to the requirements of COPPA, published final rules in the Federal Register implementing COPPA. The Rules set forth the specific manner in which entities are expected to comply with, and how the FTC will enforce, COPPA.

To address COPPA, we will not permit children under the age of 13 to become members of BustedSpoke.com. We regret any inconvenience this may cause, but it is simply the law.

Parents, we do not allow children under 13 to become members. However, if you are aware that your young child is using our service and would like their account terminated, please contact us at: admin@bustedspoke.com

Copyright Notice

BustedSpoke.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, graphics, and the entire contents of BustedSpoke.com. BustedSpoke.com is copyrighted as a collective work under the United States copyright laws. BustedSpoke.com owns a copyright not only in such content but also in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users of this site may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of BustedSpoke.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademarks legend or copyright notice shall be made. Users acknowledge that they do not acquire any ownership rights by downloading copyrighted material.

User Conduct

Users shall use BustedSpoke.com for lawful purposes only. Users shall not post or transmit through BustedSpoke.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without BustedSpoke's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that restricts or inhibits any other User from using or enjoying BustedSpoke.com will not be permitted. Users shall not use BustedSpoke.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become members of or visit other on-line mountain biking web sites that are competitive with BustedSpoke.com.

Users shall not upload, post or otherwise make available on BustedSpoke.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to BustedSpoke.com, User automatically grants, or warrants that the User or other owner of such material has expressly granted to BustedSpoke.com a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User hereby grants BustedSpoke.com the right to edit, copy, publish and distribute any material made available on BustedSpoke.com by User free of any restriction or royalty owing to User or any third party.

BustedSpoke.com reserves the right to block access to or eliminate content determined in good faith to violate the copyright of a third party and as a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post sexually-explicit images; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.

Liability of BustedSpoke.com

The material available on this site may contain inaccuracies or typographical errors. BustedSpoke.com makes no representations about the accuracy, reliability, completeness, or timeliness of the material. The use of this Web Site and the reliance upon any information contained herein is at your own risk. Changes are periodically made to the Web Site and may be made at any time.

BustedSpoke.com DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BustedSpoke.com IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIALS ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BustedSpoke.com AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. BustedSpoke.com AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY , RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

Third Party Hyperlink Disclaimer

BustedSpoke.com provides hypertext links to other web sites only as a convenience. These links are not under the control of BustedSpoke.com. BustedSpoke.com does not necessarily endorse and is not responsible for any third-party materials accessed through BustedSpoke.com. BustedSpoke.com expressly disclaims all liability with respect to actions taken or not taken based on any or all of the content of any third-party sites.

Disclaimer of Consequential Damages

IN NO EVENT SHALL BustedSpoke.com, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BustedSpoke.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.



The foregoing provisions are for the benefit of BustedSpoke.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. These Terms and Conditions shall be governed and construed in all respects by the laws of the State of New Hampshire, USA. The courts of the State of New Hampshire, USA, shall have jurisdiction concerning all matters pertaining to these Terms and Conditions as well as any other matters arising under the operation or use of this Web Site

Last updated May 28, 2002

All material Copyright © 2002 BustedSpoke.com, All rights reserved. Use of this site signifies your agreement to our Terms of Use.