Terms of Service
These Terms of Service (these “Terms”) are entered into between you and Vert Networks, Inc. (“Rally,” “we” or “us”) and govern your access to and use of our website https://www.letsrally.io/, as well as all related mobile applications (including phone, tablet, and other applications), websites, networks, embeddable widgets, downloadable software, and other services provided by us and/or on which a link to these Terms is displayed (collectively, the “Services”).
Please read these terms carefully before creating an account or using the services. By creating an account or using the services you acknowledge that you have read these terms and agree to be bound by them.
Acceptance of the Terms.
The Services are not intended for users younger than 18. If you are not at least 18, you must not access or use the Services. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least 18 years of age; (ii) that you have not previously been suspended or removed from the Services; and (iii) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations.
Our Services allow users to share destinations, connect with like-minded motorcycle enthusiasts, attend Rallies (group rides), and much more. The Services may contain messaging, personal profiles, Clubs, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, "User Content") on or through the Services. All such User Content must comply with these Terms, including without limitation Section 8 Prohibited Uses and Section 9 User Content.
Changes to the Terms.
We may revise these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means you accept and agree to the changes. We encourage you to check these Terms often for updates.
Accessing the Services and Account Security.
If you choose, or are provided with, a username, password or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and you agree to accept responsibility for all activities that occur under your account. You agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
The Services and all contents, features, and functionality thereof (including but not limited to all information, software (including source code or object code), text, products, displays, images, video, and audio, and the design, selection, and arrangement thereof), and all other elements of the Services (collectively, the “Materials”) are owned by Rally, its licensors, or other providers of such material, and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly authorized by Rally or as required by applicable law, you may not make use of the Materials. Rally reserves all rights to the Materials not granted expressly in these Terms
Subject to the terms and conditions of these Terms, Rally grants you a limited, revocable, non-exclusive, and non-sublicensable license to use the Services for your personal and non-commercial use. We reserve the right to withdraw or amend the Services, and any service or material we provide with the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Services. The license in this Section 5 states the entirety of your rights with respect to the Services, and we reserve all rights not expressly granted to you in these Terms.
Without limiting the foregoing, you will not, or authorize or permit any third party to, do any of the following: (i) distribute, license, or sell the Services; (ii) use the Services for any purpose other than your own internal, noncommercial use; (iii) reverse engineer, decompile, disassemble, or attempt to discover the source code for the Services; (iv) modify, alter, or create any derivative works of the Services; (v) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Services; or (vi) use the Services in any unlawful manner or for any unlawful purposes. In the event of misuse of the Services, we will have the right to immediately terminate your use of the Services at any time and in our sole discretion upon written notice to you (of which email will suffice) and, upon such revocation by us, you will immediately cease use of the Services.
The Rally names and trademarks, and all related names, trademarks, logos, product and service names, designs and slogans are trademarks and trade names of Rally or its licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners
The Services support credit and debit card transactions of various kinds. When you submit a payment through the Services, you are authorizing us to charge your credit card, or to debit your bank account, for the amount(s) indicated. All payment information provided must be truthful and accurate and must be provided by the owner or authorized signer of the credit card or bank account. You may be charged a fee (up to the maximum permitted by law) if your payment is dishonored or returned for non-sufficient funds by your credit card company or financial institution.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
Use the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any law regarding the export of data or software to or from the US or other countries).
Use the Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
Perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Services accounts of others without permission, or falsifying your age or date of birth.
Violate the rights of third parties, including by infringing or misappropriating third party intellectual property rights.
Sell or otherwise transfer the access granted herein or any Materials or any right or ability to view, access, or use any Materials.
Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the User Content standards in Section 9 of these Terms.
Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
Interfere with the operation of the Services or any user's enjoyment of the Services, including without limitation by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (ii) making unsolicited offers or advertisements to other users of the Services; (iii) collecting personal information about users or third parties without their consent; (iv) using any device, software, or routine that interferes with the proper working of the Services; (v) attacking the Services via denial-of-service attack or distributed denial-of-service attack; or (vi) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, or violating the regulations, policies, or procedures for those networks, equipment, or servers.
Use any robot, spider, or other automatic or manual device, process, or means to access the Services for any purpose, including monitoring, copying, or scraping any of the material or information on the Services.
Otherwise attempt to interfere with the proper working of the Services or engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Rally or users of the Services, or expose them to liability.
These content standards apply to any and all User Content. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote or include sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Contain personal attacks against other participants, name-calling, slurs, hate speech, or bigotry.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We may offer features that enable you to make User Content available to others (whether publicly or to a specified group). We do not have the ability to control what any third party may do with User Content and we are not responsible for those actions. Once User Content has been shared, those with access to it may be able to reshare, publish, re-use, modify, or otherwise exploit User Content, so please carefully consider what you choose to share before you share it.
You are solely responsible for User Content associated with your account and the consequences of uploading, posting, or sharing that User Content. By uploading, posting, or sharing User Content, you affirm, represent, and warrant that:
you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Rally and others, as described in this Section, to exercise the rights and permissions granted by you in this Section; and
your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party.
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Rally may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Services you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Rally with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.
From time to time, you may provide to Rally (either on your own accord or at our request) feedback, analysis, suggestions and comments (including, but not limited to, bug reports and test results, and design suggestions or ideas) related to the Services (collectively, “Feedback”). As between you and Rally, all right, title and interest in and to any such Feedback will be owned by Rally. You agree that Rally will have the perpetual, irrevocable, and worldwide right to make, use, sell, offer to sell, import, copy, reproduce, distribute, perform, display, create derivative works, modify, license, sublicense, and otherwise exploit all or part of the Feedback or any derivative thereof in any manner or media now known or hereafter devised without any remuneration, compensation, credit, or notice to you.