Terms and Conditions

Introduction

You are probably landing on this page as you are about to accept our terms and conditions when signing up as a CycleHacker and submitting your CycleHack idea to our Global Open Source Catalogue.

Our full terms and conditions are here but we will jump to the most important element first, your CycleHack idea.

All CycleHacks submitted to the CycleHack Global Catalogue enter into a Free Culture License under the Creative Commons agreement.

We have chosen this license because we want ideas to be shared and adapted across the globe.

If there is an element of your work that you think is commercially viable and you think that commercial viability would be harmed from sharing the work on the CycleHack Global Catalogue then either don’t share it, or share a visual that will allow us to share your work but allow you to retain any of the IP or technical detail that needs to be kept away from the public domain.

Freedom Defined names four necessary characteristics of a free cultural work:

  1. Freedom to use the work itself. This is the most basic thing a free content license allows: when you get a copy of a work under one of these licenses, you can use it however you want. This means without restrictions based on the kind of use: you may use it for commercial, political, or religious purposes, for example, or make unlimited copies in different formats to use on different devices. (This is why the NC licenses aren’t considered licenses for Free Cultural Works.)
  2. Freedom to use the information in the work for any purpose. In addition to being able to simply share a free cultural work, you should also be able to use the information it contains. For example, if it’s a research paper or educational course, you should be able to build on it for your own research and teaching. If you are using something functional, such as a hardware design, you should be able to reverse-engineer it to figure out exactly how it works.
  3. Freedom to share copies of the work for any purpose. When you get a copy of a free cultural work, you can make and share as many copies as you want, wherever you want. This means you can put it on your blog or website, include it in books, share it on file-trading networks, sell it in stores, give it away on CDs–there is no limit on how many copies you can make or where you can copy them, and you can use them for any purpose, even commercially.
  4. Freedom to make and share remixes and other derivatives for any purpose. You can edit, remix, and transform a work under a free culture license however you want, and share those remixed copies as freely as the original. For example, you can build upon the original by making translations, mashups, fanfiction, and any other kind of derivative work you want, and share those remixed works freely, or even sell them. (This is why ND-licensed work isn’t considered a Free Cultural Work.)

 

General CycleHack Terms and Conditions

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.  

License to use website

Unless otherwise stated, CycleHack and/or its licensors own the intellectual property rights in cyclehack.com (this “website”),  and the material on the website (except for any works submitted to the CycleHack Global Catalogue; any works submitted to the CycleHack Global Catalogue by you will be deemed to be submitted under the Free Culture License under the Creative Commons agreement.

Subject to the license below and above, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions and permissions set out in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website) without our permission;
  • sell, rent or sub-license material from the website;
  • show any material from the website in public without our permission;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution by CycleHack.

 

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the website without CycleHack’s express written consent.

You must not use the website to transmit or send unsolicited commercial communications.

You must not use the website for any purposes related to marketing without CycleHack’s express written consent.

Restricted access

Access to certain areas of the website is restricted. CycleHack reserves the right to restrict access to any areas of the website, or indeed the entire website, at CycleHack’s sole discretion.

If CycleHack provides you with a user ID and password to enable you to access restricted areas of the website or other content or services, you must ensure that the user ID and password are kept confidential.

CycleHack may disable your user ID and password in CycleHack’s sole discretion without notice or explanation.

 

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the website, for whatever purpose.

You grant to CycleHack a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to CycleHack the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or CycleHack or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

CycleHack reserves the right to edit or remove any material submitted to the website, or stored on CycleHack’s servers, or hosted or published upon this website.

Notwithstanding CycleHack’s rights under these terms and conditions in relation to user content, CycleHack does not undertake to monitor the submission of such content to, or the publication of such content on, the website.

 

No warranties 

The website is provided “as is” without any representations or warranties, express or implied. CycleHack makes no representations or warranties in relation to this website or the information and materials provided on this website. In particular, and without prejudice to the foregoing generality, CycleHack does not warrant that:

l the website will be constantly available, or available at all; or

l  the information on the website is complete, true, accurate or non-misleading.

Nothing on the website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

 

Limitations of liability

CycleHack will not be liable to you (whether under the law of contact, the law of delict or otherwise) in relation to the content of, or use of, or otherwise in connection with, the website:

l  to the extent that the website is provided free-of-charge, for any direct loss;

l  for any indirect, special or consequential loss; or

l  for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if CycleHack has been expressly advised of the potential loss.

 

Exceptions

Nothing in the website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the website disclaimer will exclude or limit CycleHack’s liability in respect of any:

l  death or personal injury caused by CycleHack’s negligence;

l  fraud or fraudulent misrepresentation on the part of CycleHack; or

l  matter which it would be illegal or unlawful for CycleHack to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

By using the website, you agree that the exclusions and limitations of liability set out in the website disclaimer are reasonable.

If you do not think they are reasonable, you must not use the website.

 

Other parties

You accept that, as a limited liability entity, CycleHack has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against CycleHack’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the website disclaimer will protect CycleHack’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as CycleHack.

 

Unenforceable provisions

If any provision of the website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the website disclaimer.

 

Indemnity

You hereby indemnify CycleHack and undertake to keep CycleHack indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by CycleHack to a third party in settlement of a claim or dispute on the advice of CycleHack’s legal advisers) incurred or suffered by CycleHack arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Breaches of these terms and conditions

Without prejudice to CycleHacks’s other rights under these terms and conditions, if you breach these terms and conditions in any way, CycleHack may take such action as CycleHack deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, removing any content uploaded by you to the website that infringes these terms and conditions, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

CycleHack may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the website from the date of the publication of the revised terms and conditions on the website. Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

CycleHack may transfer, sub-contract or otherwise deal with CycleHack’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

These terms and conditions, together with the Creative Commons Free Culture license constitute the entire agreement between you and CycleHack in relation to your use of the website, and supersede all previous agreements in respect of your use of the website.

 

Law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with the Law of Scotland.

Any disputes relating to these terms and conditions shall be subject to the exclusive / non-exclusive jurisdiction of the courts of Scotland.

 

Registrations and authorisations

CycleHack is an initiative by CycleHack Ltd registered with Companies House.  You can find the online version of the register at http://www.companieshouse.gov.uk/, and our company number is SC489418

 

CycleHack details:

The full name of CycleHack is CycleHack LTD and registered as CycleHack Ltd with company number SC489418.

Our registered address is 3 Bolton Drive, Glasgow, G42 9DX.

You can contact CycleHack by email to hello@cyclehack.com

 

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.

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