TERMS OF SERVICE
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY
BINDING TERMS AND CONDITIONS FOR YOUR USE OF OUR SERVICES.
These Terms of Service govern your use of the Gbike application, website
and technology platform (the “Services”) provided by Gbike USA, Inc.
(including any subsidiaries or affiliates of Gbike USA, Inc.,
collectively, “Gbike”). Specifically, the Services include the Gbike
network of websites that link to these Terms of Service (including any
versions optimized for viewing on a wireless or tablet device); email
newsletters published or distributed by Gbike; apps published by Gbike,
including the “Gbike” mobile app; or any other services, interactive
features, and communications made available by Gbike, however accessed
and/or used, that are operated by Gbike, made available by Gbike, or
produced and maintained by Gbike and its related companies. The
foregoing Services may be used to access vehicle rental services
(“Rental Services”) offered by Gbike and/or third-party providers
(“Platform Partners”).
BY USING OUR SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN
THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE,
PLEASE DO NOT USE THE SERVICES. WE RESERVE THE RIGHT TO MODIFY OR AMEND
THESE TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE, BUT WILL NOTIFY
YOU OF ANY MATERIAL CHANGES. YOUR CONTINUED USE OF OUR SERVICES
FOLLOWING THE POSTING OF OR NOTICE OF CHANGES TO THESE TERMS WILL MEAN
YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO
CHANGES TO OUR TERMS OF SERVICE WILL APPLY RETROACTIVELY. For Rental
Services, you may also be required to execute a Rental Agreement, Waiver
of Liability and Release or similar document between you and Gbike or a
Platform Partner. Any decision to accept Rental Services is made in your
sole discretion.
This is a legal agreement between you (“you” or “user”) and Gbike that
states the material terms and conditions that govern your use of the
Services. This agreement, together with all updates, supplements,
additional terms, and all of Gbike’s rules and policies collectively
constitute this “Agreement” between you and Gbike.
1. Access License. Gbike grants you a limited, revocable, non-exclusive,
non-transferable license to access and make use of the Services or its
content. This license does not include any resale or commercial use of
the Services or its contents; any collection and use of any product
listings, descriptions, or prices; any derivative use of the Services or
their contents; any downloading or copying of account information for
the benefit of another merchant; or any use of data mining, robots,
cookies, or similar data gathering and extraction tools. Except as
expressly permitted herein, the Services and/or any portion of the
Services may not be reproduced, sold, resold, visited or otherwise
exploited for any purpose without Gbike’s express written consent. Any
unauthorized use automatically terminates the permissions and/or
licenses granted by us to you.
2. Copyright and Ownership. All of the content featured or displayed on
the Services, including without limitation text, graphics, photographs,
images, moving images, sound, and illustrations (“Content”), is owned by
Gbike, its licensors, vendors, agents and/or its Content providers. All
elements of the Services, including without limitation the general
design and the Content, are protected by trade dress, copyright, moral
rights, trademark and other laws relating to intellectual property
rights. The Services may only be used for the intended purpose for which
such Services is being made available. Except as permitted by copyright
law, you may not modify any of the materials and you may not copy,
distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer or sell any information or work
contained on the Services. Except as authorized under the copyright
laws, you are responsible for obtaining permission before reusing any
copyrighted material that is available on the Services. You shall comply
with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Services. The
Services, Content and all related rights shall remain the exclusive
property of Gbike or its licensors, vendors, agents, and/or its Content
providers unless otherwise expressly agreed. You will not remove any
copyright, trademark or other proprietary notices from material found on
the Services.
3. Trademarks/No Endorsement. All trademarks, service marks and trade
names of Gbike used herein (including but not limited to: Gbike name,
Gbike corporate logo, the Services design, and any names or logos of any
Platform Partners) (collectively “Marks”) are trademarks or registered
trademarks of Gbike or its affiliates, partners, vendors, licensors or
Platform Partners. You may not use, copy, reproduce, republish, upload,
post, transmit, distribute, or modify Marks in any way, including in
advertising or publicity pertaining to distribution of materials on the
Services, without Gbike’s prior written consent. You shall not use
Gbike’s name or any language, pictures or symbols which could, in
Gbike’s judgment, imply Gbike’s endorsement in any (i) written or oral
advertising or presentation, or (ii) brochure, newsletter, book, or
other written material of whatever nature, without prior written
consent.
4. Account Registration and Security. You understand that you will need
to create an account to have access to the Services, including Rental
Services. You will: (a) provide true, accurate, current and complete
information about yourself as prompted by the Services’ registration,
sign-in, or subscription page (such information being the “Registration
Data”) and (b) maintain and promptly update the Registration Data to
keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or
Gbike has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Gbike has the right to suspend or
terminate your account and refuse any and all current or future use of
the Services (or any portion thereof). You are responsible for the
security and confidentiality of your password and account. Furthermore,
you are responsible for any and all activities that occur under your
account. You will not share your account information or your user name
and password with any third party or permit any third party to logon to
the Services using your account information. You agree to immediately
notify us of any unauthorized use of your account or any other breach of
security of which you become aware. You are responsible for taking
precautions and providing security measures best suited for your
situation and intended use of the Services. Gbike’s collection, use, and
disclosure of all data, including Registration Data is governed by
Gbike’s Privacy Policy, located at Gbike.co/privacy.
5. Payment Terms
5.1 Payment Method & Payments
You may be required to provide Gbike with a valid credit card, debit
card, or other payment account (“Payment Method”) in order to use
certain Services, including Rental Services provided by Gbike or a
Platform Partner. When you add a Payment Method to your Gbike account,
you will be asked to provide customary billing information. You must
provide accurate, current, and complete information when adding a
Payment Method and it is your obligation to keep your Payment Method
up-to-date at all times.
You represent and warrant to Gbike that you are authorized to use any
Payment Method you furnish to Gbike. You authorize Gbike to charge the
Payment Method for all fees incurred by you with respect to Rental
Services (or other services offered by Gbike or Platform Partners from
time to time), including applicable sales, use, VAT/GST and other local
government charges. If you dispute any charge on your account, you must
contact Gbike within 10 business days from the end of the month within
which the disputed charge occurred, and provide to Gbike all trip
information that is necessary to identify the disputed charge, such as
the date of the trip and the approximate starting and ending times of
the ride associated with the disputed charge. You agree to immediately
inform Gbike of all changes relating to the Payment Method.
5.2 Auto-Update
Gbike or its Platform Partner may require or make available an option
for you to preload a balance associated with your account and
automatically make payments on a recurring basis (“Auto-Update”). By
enabling Auto-Update, you opt to automatically reload your account
balance each time your account reaches or falls below zero or another
specified amount. Gbike or its affiliates or Platform Partners may, at
any time, without any notice to you, discontinue Auto-Update.
To use Auto-Update, you may be required to choose: (a) the balance
amount at which you wish to automatically load your account balance,
and/or (b) the amount you wish to load/add (such amount, “Auto-Update
Amount”).
If your account is eligible for a bonus for your Auto-Update selection
(“Auto-Update Bonus”), your Auto-Update Bonus will be charged first for
using the applicable Rental Services. Auto-Update Bonus amounts may only
be used for Rental Services, and Auto-Update Bonus amounts are not
recoverable if your account is closed for any reason.
We reserve the right to decide the Payment Methods eligible for
Auto-Update. You may change your Payment Method for Auto-Update at any
time, provided such Payment Method is eligible for Auto-Update.
You may only use the Auto-Update balance in the currency in which your
Payment Method was charged. In case you make use of Rental Services that
are charged in a currency different than the one in your Auto-Update
balance, Gbike may charge your Payment Method directly.
You may cancel or disable Auto Update in the settings/preferences of
your account on the Gbike application. In the event: (a) you cancel or
disable Auto-Update of your Gbike account balance; or (b) one of your
automatic payments is declined, for any reason whatsoever, including
without limitation, expiry of your card: the Auto-Update Amount will not
be added to your account balance. In such scenarios, you may be required
to separately load your account balance.
We may choose to notify you, through email or SMS, once your account
balance reaches or falls below zero. You authorize us to communicate
with you through emails or SMS in connection with Auto-Update. You
acknowledge that we may also communicate with you through any of our
affiliate(s).
5.3 Payment Facilitators
You agree, understand and acknowledge that Gbike may engage third party
payment processors / gateway service providers to facilitate processing
of payments, including Auto-Update. Accordingly, you may be required to
follow any terms and conditions of such third party payment
processors/gateway service providers, as communicated to you, from time
to time.
6. Binding Arbitration and Class Action Waiver
PLEASE READ THE RENTAL AGREEMENT, WAIVER OF LIABILITY AND RELEASE
CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING
YOUR RIGHT TO FILE A LAWSUIT IN COURT.
7. Solicited Submission Policy. Where Gbike has specifically invited or
requested submissions or comments, Gbike encourages you to submit
content to Gbike that you have created for consideration in connection
with such requests (“User Submissions”). User Submissions remains the
intellectual property of the individual user. By submitting content to
Gbike, you expressly grant Gbike a non-exclusive, perpetual,
irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable
right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, transmit, perform and display such
content and your name, voice, and/or likeness as contained in your User
Submission, in whole or in part, and in any form throughout the world in
any media or technology, whether now known or hereafter discovered,
including all promotion, advertising, marketing, merchandising,
publicity and any other ancillary uses thereof, and including the
unfettered right to sublicense such rights, in perpetuity throughout the
universe. Any such User Submissions are deemed non-confidential and
Gbike shall be under no obligation to maintain the confidentiality of
any information, in whatever form, contained in any User Submission.
8. Inappropriate User Submissions. Gbike does not encourage, and does
not seek User Submissions that result from any activity that: (i) may
create a risk of harm, loss, physical or mental injury, emotional
distress, death, disability, disfigurement, or physical or mental
illness to you, to any other person, or to any animal; (ii) may create a
risk of any other loss or damage to any person or property; or (iii) may
constitute a crime or tort. You agree that you have not and will not
engage in any of the foregoing activities in connection with producing
your User Submission. Without limiting the foregoing, you agree that in
conjunction with your submission, you will not inflict emotional
distress on other people, will not humiliate other people (publicly or
otherwise), will not assault or threaten other people, will not enter
onto private property without permission, will not impersonate any other
person or misrepresent your affiliation, title, or authority, and will
not otherwise engage in any activity that may result in injury, death,
property damage, and/or liability of any kind. Gbike will reject any
User Submissions in which Gbike believes, in its sole discretion, that
any such activities have occurred. If notified by a user of a submission
that allegedly violates any provision of these Terms of Service, Gbike
reserves the right to determine, in its sole discretion, if such a
violation has occurred, and to remove any such submission from the
Services at any time and without notice.
9. Inappropriate Material. You are prohibited from using the Services to
post or send any unlawful, infringing, threatening, defamatory,
libelous, obscene, pornographic or profane material or any material that
infringes or misappropriates third party intellectual property or could
constitute or encourage conduct that would be considered a criminal
offense or otherwise violate any law. You further agree that sending or
posting unsolicited advertisements or “spam” on or through the Services
is expressly prohibited by this Agreement. In addition to any remedies
that we may have at law or in equity, if we determine, in our sole
discretion, that you have violated or are likely to violate the
foregoing prohibitions or any applicable rules or policies linked to in
these Terms of Service, we may take any action we deem necessary to cure
or prevent the violation, including without limitation, banning you from
using the Services and/or the immediate removal of the related materials
from the Services at any time without notice. We will fully cooperate
with any law enforcement authorities or court order or subpoena
requesting or directing us to disclose the identity of anyone posting
such materials.
10. Access and Interference. You agree that you will not use any robot,
spider, scraper or other automated means to access the Services for any
purpose without our express written permission. Additionally, you agree
that you will not: (i) take any action that imposes, or may impose in
our sole discretion an unreasonable or disproportionately large load on
our infrastructure; (ii) interfere or attempt to interfere with the
proper working of the site or any activities conducted on the Services;
or (iii) bypass any measures we may use to prevent or restrict access to
the Services.
11. Right to Takedown Content. Except as disclosed in our Privacy
Policy, we will not monitor, edit, or disclose the contents of a user’s
e-mail or content posted to the Services unless required in the course
of normal maintenance of the Services and its systems or unless required
to do so by law or in the good-faith belief that such action is
necessary to: (1) comply with the law or comply with legal process
served on Gbike or the Services; (2) protect and defend the rights or
property of Gbike, the Services, or the users of the Services; or (3)
act in an emergency to protect the personal safety of our users, the
Services, or the public. Users shall remain solely responsible for the
content of their messages and Gbike shall have no obligation to
prescreen any such content. However, we shall have the right in our sole
discretion to edit, refuse to post or remove any material submitted to
or posted on the Services at any time without notice. Without limiting
the foregoing, we shall have the right to remove any material that we
find to be in violation of the provisions hereof or otherwise
objectionable, and the additional right to deny any user who fails to
conform to any provision of these Terms of Service access to the
Services or any part thereof.
12. User Published Content. User published Content and User Submissions
do not represent the views of Gbike or any individual associated with
Gbike, and we do not control this Content. In no event shall you
represent or suggest, directly or indirectly, Gbike’s endorsement of
user published Content. Gbike does not vouch for the accuracy or
credibility of any user published Content on our Services or User
Submissions published through our Services, and do not take any
responsibility or assume any liability for any actions you may take as a
result of reviewing any such user published Content or User Submission.
Through your use of the Services, you may be exposed to Content that you
may find offensive, objectionable, harmful, inaccurate or deceptive.
There may also be risks of dealing with underage persons, people acting
under false pretense, international trade issues and foreign nationals.
By using our Services, you assume all associated risks.
13. Third Party Links. From time to time, the Services may contain links
to websites that are not owned, operated or controlled by Gbike or its
affiliates. All such links are provided solely as a convenience to you.
If you use these links, you will leave the Services. Gbike is not
responsible for any content, materials or other information located on
or accessible from any other website. Neither we nor any of our
respective affiliates endorse, guarantee, or make any representations or
warranties regarding any other websites, or any content, materials or
other information located or accessible from any other websites, or the
results that you may obtain from using any other websites. If you decide
to access any other websites linked to or from this Services, you do so
entirely at your own risk.
14. Transactional Partners. In some cases we may partner with another
entity to co-promote their services within our Services or engage a
third party to provide features or technology to enable our Services. In
these cases, you may be transacting directly with the other party or
subject to the other party’s terms. On those pages or locations, the
transactional partners’ brand is clearly visible and their terms of
service are posted. When using these partner pages, Service features or
technology, you are bound by partner terms of service in addition to
remaining bound by these Gbike Terms of Service. When there is a
conflict between these Terms of Service and the partner’s terms of
service with respect to any dispute relating to Gbike or the Gbike
Services, these Terms of Service will prevail.
15. Third Party Services. The vehicle location feature of app-based
Services may include ARCore functionality provided by Google. Use of
ARCore functionality is subject to the then-current versions of the: (A)
Google Terms of Service at policies.google.com/terms; and (B) Google
Privacy Policy at google.com/policies/privacy.
16. Termination. You or we may suspend or terminate your right to use of
this Services at any time, for any reason or for no reason. We may also
block your access to our Services in the event that (a) you breach these
Terms of Service; (b) we are unable to verify or authenticate any
information you provide to us; or (c) we believe that your actions may
cause financial loss or legal liability for you, our users or us.
17. Representations and Warranties. You represent that you are over the
age of 18, have the right and authority to enter into this Agreement,
are fully able and competent to satisfy the terms, conditions, and
obligations herein, and your use of the Services is and will be in
compliance with all applicable laws. You represent that you have read,
understood, agree with, and will abide by the terms of these Terms of
Service. In addition, you represent and warrant that your User
Submissions and all elements thereof are (a) owned or controlled solely
and exclusively by you, you have prior written permission from the
rightful owner of the content included in your User Submissions, or you
are otherwise legally entitled to grant Gbike all of the rights granted
herein; and (b) Gbike’s use of your User Submissions as described or
contemplated herein do not and will not infringe on the copyrights,
trademark rights, publicity rights or other rights of any person or
entity, violate any law, regulation or right of any kind whatsoever, or
otherwise give rise to any actionable claim or liability, including
without limitation rights of publicity and privacy, and defamation.
Furthermore, You shall be solely responsible for your own User
Submissions and the consequences of posting or publishing them.
18. DISCLAIMERS. YOUR USE OF THE SERVICES AND ANY RENTAL SERVICES IS AT
YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR
THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY
KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER
GBIKE, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF
THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE
SERVICES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH
THE SERVICES MAY BE OUT OF DATE, AND NEITHER GBIKE, NOR ANY OF ITS
AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH
INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO
YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED FROM GBIKE OR THROUGH THE SERVICES
WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
19. LIMITATIONS OF LIABILITY. GBIKE DOES NOT ASSUME ANY RESPONSIBILITY,
NOR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT
YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY
OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SERVICES, OR
YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS SERVICE. IN
NO EVENT WILL GBIKE, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY
INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES, BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION)
ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE
SERVICE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR
ALL OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY
OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE
EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR ANY MATERIALS, OR
INFORMATION CONTAINED ON ANY OR ALL OF THE SERVICE, YOU AGREE THAT YOUR
SOLE REMEDY IS TO CEASE USING THE SERVICE. IN NO EVENT SHALL GBIKE’S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE),
OR OTHERWISE EXCEED THE GREATER OF THE TOTAL FEES YOU HAVE PAID TO GBIKE
OR ITS PLATFORM PARTNER IN THE PREVIOUS SIX (6) MONTH PERIOD.
20. Indemnity. You agree to defend, indemnify and hold Gbike and any
affiliated entity or individual harmless from any and all liabilities,
costs, and expenses, including reasonable attorneys’ fees, related to or
in connection with (i) your use of the Services and any Rental Services
provided by any entity; (ii) your violation of any term of this
Agreement, including without limitation, your breach of any of the
representations and warranties above; (iii) your violation of any third
party right, including without limitation any right of privacy,
publicity rights or intellectual property rights; (iv) your violation of
any applicable law, rule or regulation; (v) any claim or damages that
arise as a result of any User Submission or other content, message or
information that you provide to Gbike, including without limitation any
claim or damages arising from a defamation or invasion of privacy claim;
or (vi) any other party’s access and use of the Services with your
unique username, password or other appropriate security code.
21. Release. In the event that you have a dispute with one or more other
users of the Services, you release Gbike (and our officers, directors,
agents, subsidiaries, joint ventures and employees) from claims, demands
and damages (actual and consequential) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
22. Force Majeure. Neither Gbike nor you shall be responsible for
damages or for delays or failures in performance resulting from acts or
occurrences beyond their reasonable control, including, without
limitation: fire, lightning, explosion, power surge or failure, water,
acts of God, war, revolution, civil commotion or acts of civil or
military authorities or public enemies: any law, order, regulation,
ordinance, or requirement of any government or legal body or any
representative of any such government or legal body; or labor unrest,
including without limitation, strikes, slowdowns, picketing, or
boycotts; inability to secure raw materials, transportation facilities,
fuel or energy shortages, or acts or omissions of other common carriers.
23. Privacy. Data collection and use, including data collection and use
of personally identifiable information is governed by Gbike’s Privacy
Policy which is incorporated into and is a part of this Agreement.
24. General. Any claim relating to, and the use of, this Services and
the materials contained herein is governed by the laws of the State of
California. You consent to the exclusive jurisdiction of the state and
federal courts located in Los Angeles County, California. A printed
version of these Terms of Service will be admissible in judicial and
administrative proceedings based upon or relating to these Terms of
Service to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in
printed form. These Terms of Service set forth the entire understanding
and agreement between us with respect to the subject matter hereof. We
do not guarantee continuous, uninterrupted or secure access to our
Services, and operation of the Services may be interfered with by
numerous factors outside of our control. If any provision of these Terms
of Service is held to be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be enforced. You agree that
these Terms of Service and all incorporated agreements may be
automatically assigned by Gbike in our sole discretion. Headings are for
reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section. Our failure to act with
respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches. All sections which by
their context ought to survive this agreement shall survive any
termination or expiration of this Agreement.
25. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the
Services, we may act as a “services provider” (as defined by DMCA) and
offer services as online provider of materials and links to third party
websites. As a result, third party materials that we do not own or
control may be transmitted, stored, accessed or otherwise made available
using the Services. Gbike has in place certain legally mandated
procedures regarding allegations of copyright infringement occurring on
the Services. Gbike has adopted a policy that provides for the removal
of any content or the potential suspension of any user that is found to
have repeatedly infringed on the rights of Gbike or of a third party, or
that has otherwise violated any intellectual property laws or
regulations, or any of the terms and conditions of this Agreement. If
you believe any material available via the Services infringes a
copyright, you should notify us using the notice procedure for claimed
infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond
expeditiously to remove or disable access to the material claimed to be
infringing and will follow the procedures specified in the DMCA to
resolve the claim between the notifying party and the alleged infringer
who provided the Content. Our designated agent (i.e., proper party for
notice) to whom you should address infringement notices under the DMCA
is gcoo.us@gbike.io
Please provide the following notice:
• Identify the copyrighted work or other intellectual property that you
claim has been infringed;
• Identify the material on the Services that you claim is infringing,
with enough detail so that we may locate it on the Services;
• A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
• A statement by you declaring under penalty of perjury that (a) the
above information in your notice is accurate, and (b) that you are the
owner of the copyright interest involved or that you are authorized to
act on behalf of that owner;
• Your address, telephone number, and email address; and
• Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a
general notice on any of our Services, electronic mail to a user’s email
address in our records, or by written communication sent by first-class
mail to a user’s physical address in our records. If you receive such an
infringement notice, you may provide counter-notification in writing to
the designated agent that includes the information below. To be
effective, the counter-notification must be a written communication that
includes the following:
• Your physical or electronic signature;
• Identification of the material that has been removed or to which
access has been disabled, and the location at which the material
appeared before it was removed or access to it was disabled;
• A statement from you under the penalty of perjury, that you 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; and
• Your name, physical address and telephone number, and a statement that
you consent to the jurisdiction of a Federal District Court for the
judicial district in which your physical address is located, or if your
physical address is outside of the United States, for any judicial
district in which we may be found, and that you will accept service of
process from the person who provided notification of allegedly
infringing material or an agent of such person.
26. Additional Assistance. If you do not understand any of the foregoing
Terms of Service or if you have any questions or comments, we invite you
to contact us at gcoo.us@gbike.io
27. Copyright Notice. All design, graphics, text selections,
arrangements, and all software are Copyright © 2022, Gbike USA, Inc. and
its related companies or its licensors. ALL RIGHTS RESERVED.