INTRODUCTION
Welcome to cycleNoodle.com, a community website where you can read news, stories,
articles, find businesses related to cycling, list items to sell, take part in community
based discussions and more. cycleNoodle.com is operated and maintained by or on
behalf of cycleNoodle.com.
By accessing cycleNoodle.com, you agree to be bound by the following Terms & Conditions
and by our privacy policy. If you have any queries about cycleNoodle.com, you can
contact us by any of the means below. If you do not agree with these Terms & Conditions,
you should no longer continue to use this website and stop using cycleNoodle.com
immediately.
ELIGIBILITY AND REGISTRATION
In order to make use of our online community, you will need to register an account
with us. In order to do so, you must:
i. Provide us with complete and accurate registration information.
ii. Ensure your use of the Website Service is in accordance with these Terms & Conditions
and any Applicable Laws.
iii. Select a username and password. By registering an account with us you warrant
that which will be specified on the registration pages iv. Ensure you have given
complete and accurate registration information, and will keep that information updated.
v. Ensure that your use of cycleNoodle.com does not violate these Terms & Conditions
or breach any Applicable Laws.
vi. Acknowledge that you will be responsible for all activities which take place
under your username and for keeping your password secure. If you become aware of
any actual, threatened or suspected unauthorized use of your username and/or any
other breach of security, you agree to notify us immediately. You may cancel your
account with us at any time by contacting the system administrator. We may terminate
your account with us for any or no reason, at any time, with or without notice and
without liability.
In order to use the online community, you will require access to the world-wide
web. You are responsible for any connection, service and other fees associated with
such access and for providing all equipment necessary to enable you to connect to
the world-wide web (including a computer and modem or other access device).
GENERAL RULES RELATING TO CONDUCT
cycleNoodle.com is made available for your own, personal use. It must not be used
for any commercial purpose whatsoever or for any illegal or unauthorized purpose.
When you use cycleNoodle.com you must comply with all applicable UK laws relating
to online conduct (including, without limitation, content which can be posted online)
and with any applicable international laws, including the local laws in your country
of residence.
CONTENT SUBMITTED TO THE WEBSITE
You are responsible for any information, data, text, photographs, graphics, messages
or other content, which you post or upload and/or display (in public or privately)
to the website. cycleNoodle.com may (but shall not be obliged to) delete, edit,
lock, move or remove any content without notice and for any reason and/or to record
the IP address from which any content is posted, uploaded and/or displayed without
notice and for any reason, including, without limitation, content which, in our
sole discretion, violates these Terms and Conditions or is or may be irrelevant,
out of date, inappropriate or objectionable in any way whatsoever, or in respect
of which cycleNoodle.com receives any complaint (whether justified or not). By posting,
uploading and/or displaying any content to the Website you warrant that:
i. You own all intellectual property and proprietary rights in such content or that
you have a license from the owner of such rights to post, upload and/or display
such Content on the Website
If you upload, post or otherwise transmit any content to the Website, you automatically:
i. Grant other users of the cycleNoodle.com the right to access the same and use
it in accordance with these Terms and Conditions;
ii. Grant cycleNoodle.com a non-exclusive, royalty free, sub-licensable, perpetual,
world-wide license to use, modify, publish, publicly perform, publicly display and
distribute such content on and through the website and in any other form or medium.
You continue to own the Content after it is posted to the Website. You acknowledge
that cycleNoodle.com will not screen or otherwise check any content which is submitted
by you or any other user of the online community before it is posted, not monitor
yours or any person’s use of the online community. As such, you as the user of the
online community are responsible for any content you submit to the website and the
manner in which the online community is used under your username. You may take down
any content you have submitted to the website at any time. If you become aware of
any misuse of the online community by any person including (without limitation)
any posting of content which violates these Terms and Conditions, please contact
us by using the contact information at the bottom of these Terms and Conditions.
SPECIFIC RULES RELATING TO CONDUCT
You agree that when using this website you will comply with all applicable laws
and acknowledge that you are responsible for all acts and omissions which occur
under your user-name. In particular, but without limitation, you agree not to:
a.Upload, post or otherwise display content which is or promotes behavior which
violates the rights (including, without limitation, the intellectual property rights)
of a third party or which is unlawful, harmful, threatening, abusive, flaming, hateful,
offensive (whether in relation to sex, race, religion or otherwise) harassing, hateful,
defamatory, vulgar, obscene, invasive of another's privacy, solicits personal information
from anyone under the age of 18 years, or contains any illegal content; or
b. Upload, post or otherwise display any content which contains software viruses
or any other files or programs that may interrupt, destroy or limit the functionality
of cycleNoodle.com or any server or networks connected to cycleNoodle.com; or
c. Upload, post or otherwise display any content comprising an advertisement or
accept payment or anything of value from any person in exchange for you uploading,
posting or displaying any content or otherwise performing any commercial activity
on or through cycleNoodle.com on behalf of such person (including, without limitation,
posting blogs or bulletins for a commercial purpose and/or sending messages to other
users of the Website with a commercial purpose); or
d. Upload, post or otherwise display any content for any commercial or business
purpose including (without limitation) any content which contains any advertising
or promotional materials; or
e. Upload, post or otherwise display any content containing a photograph of another
person unless you have obtained that person’s consent; or
f. Harvest or collect any IP addresses or email addresses or other contact information
of any members of the cycleNoodle.com, by electronic means or otherwise; or
g. Restrict or in any way inhibit any other person’s use of cycleNoodle.com; or
h. Use cycleNoodle.com in a manner that is inconsistent with these Terms & Conditions
and/or any applicable laws in force from time to time or in a manner which promotes
or encourages illegal activity; or
i. Use or solicit any other account holder’s personal data for any purpose other
than establishing non-commercial, lawful contact that such account holder would
reasonably expect to welcome; or
j. Attempt to gain unauthorized access to cycleNoodle.com, its servers or computer
systems; or
k. Modify, adapt, translate or reverse engineer any part of cycleNoodle.com or use
any robot, spider, site search/retrieval application or other device to retrieve
or index any part of cycleNoodle.com or re-format or frame any portion of the web
pages comprising cycleNoodle.com, unless permitted by law; or
l. Remove or obstruct from view any advertisements and/or any copyright, trademark
or other proprietary notices contained on or in cycleNoodle.com; or
m. Breach the terms of any suspension or ban or seek alternative access; or
n. In the interests of free speech, bring any action for defamation against cycleNoodle.com;
or
o. Contact any other user of cycleNoodle.com if they have expressly asked you not
to; or
p. Attempt to impersonate any other user or account holder of cycleNoodle.com; or
q. Use the username and/or password of any other account holder of cycleNoodle.com
or disclose your password to any other person. You agree to indemnify CycleNoodle.com
in full and on demand from and against any loss, damage, costs or expenses which
they suffer or incur directly or indirectly as a result of your use of cycleNoodle.com
and any use of the same under your username other than in accordance with these
Terms & Conditions or applicable law.
CONTENT
The copyright in all material contained on, in, or available through the Website
including all information, data, text, photographs, graphics and videos, the selection
and arrangement thereof, and all source code, software compilations and other material
is owned by or licensed to CycleNoodle.com. All rights are reserved. You can view,
print or download extracts of the material for your own personal use but you cannot
otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit,
commercially exploit, disseminate in any form whatsoever or use the material (other
than content posted by you) without CycleNoodle.com’s permission. You must not frame
or link to the Website or any part of it without our permission.
The trademarks, service marks, and logos contained on or in cycleNoodle.com are
owned by CycleNoodle.com. You cannot use, copy, edit, vary, reproduce, publish,
display, distribute, store, transmit, commercially exploit or disseminate the Trade
Marks without the prior written consent of CycleNoodle.com.
LINK TO THIRD PARTIES
cycleNoodle.com may contain links to websites operated by third parties. cycleNoodle.com
does not have any influence or control over any such Third Party Websites and, unless
otherwise stated, is not responsible for and does not endorse any Third Party Websites
or their availability or contents.
CYCLENOODLE.COM PRIVACY POLICY
We take your privacy very seriously. cycleNoodle.com will only use your personal
information in accordance with the terms of our privacy policy. By using cycleNoodle.com
you acknowledge and agree that you have read and accept the terms of our privacy
policy and these Terms & Conditions.
DISCLAIMER / LIABILITY
USE OF CYCLENOODLE.COM IS AT YOUR OWN RISK. CYCLENOODLE.COM IS PROVIDED ON AN “AS
IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) CYCLENOODLE.COM DISCLAIMS
ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE IN RELATION TO CYCLENOODLE.COM; AND (B) ALL IMPLIED WARRANTIES, TERMS
AND CONDITIONS RELATING TO CYCLENOODLE.COM (WHETHER IMPLIED BY STATUE, COMMON LAW
OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS
TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE
OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY,
QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN CYCLENOODLE.COM AND YOU, HEREBY EXCLUDED.
IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY
FOR THE CONDUCT OF ANY USER AND/OR ACCOUNT HOLDER OF CYCLENOODLE.COM; ANY ERROR,
DELAY OR FAILURE IN THE TRANSMISSION OF ANY COMMUNICATION BETWEEN USERS AND/OR ACCOUNT
HOLDERS; ANY TECHNICAL FAILURE OF THE INTERNET, CYCLENOODLE.COM; OR ANY DAMAGE OR
INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF CYCLENOODLE.COM.
YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
cycleNoodle.com will not be liable, in contract, tort (including, without limitation,
negligence), under statute or otherwise, as a result of or in connection with cycleNoodle.com,
for any;
i. economic loss (including, without limitation, loss of revenues, profits, contracts,
business or anticipated savings);
ii. loss of goodwill or reputation;
iii. special or indirect or consequential loss.
Nothing in these Terms & Conditions shall be construed as excluding or limiting
the liability of cycleNoodle.com for death or personal injury caused by its negligence
or for any other liability which cannot be excluded by English law.
ACCESS RESTRICTION AND SERVICE SUSPENSION OR TERMINATION
cycleNoodle.com reserves the right in its sole discretion to deny you access to
the cycleNoodle.com, or any part thereof, with or without notice and for any reason
including, without limitation, if you fail to comply with these Terms & Conditions.
In particular, cycleNoodle.com may deny you access to cycleNoodle.com if cycleNoodle.com
exercises its right to delete, edit, lock or remove any content posted, uploaded
or displayed by you. cycleNoodle.com reserves the right to suspend or cease providing
all or any of its functions, without notice, and shall have no liability or responsibility
to you in any manner whatsoever if it chooses to do so.
ADVERTISERS ON THE WEBSITE
We accept no responsibility for adverts posted on cycleNoodle.com. If you agree
to purchase goods and/or services from any third party who advertises on cycleNoodle.com,
you do so at your own risk. The advertiser, not CycleNoodle.com, is responsible
for such goods and/or services and if you have any queries or complaints in relation
to them, your only recourse is against the advertiser.
COPYRIGHT POLICY
It is our policy to terminate any person’s user account with us if they repeatedly
infringe the intellectual property or proprietary rights of others. If you believe
any of your work has been copied and posted on cycleNoodle.com in a way which infringes
your intellectual property or proprietary rights, please contact us by any of the
means set out in these Terms & Conditions. You will need to provide us with the
following information;
i. a description of the work that you claim has been infringed and a description
of the alleged infringing copy of it;
ii. a description of where the alleged infringing copy has been posted on cycleNoodle.com;
iii. your contact details;
iv. a written statement, signed by you, to confirm that you are the owner of the
work or you are authorized to act on the owner’s behalf and the information you
have provided to us is accurate to the best of your knowledge and belief.
ACCOUNT HOLDER INTERACTION
You are responsible for how you interact with other account holders and users of
cycleNoodle.com. We reserve the right, but have no obligation, to monitor how you
interact with those persons.
GENERAL
These Terms & Conditions (as amended from time to time) constitute the entire agreement
between you and CycleNoodle.com concerning your use of cycleNoodle.com and supersede
any previous arrangement, agreement, undertaking or proposal, written or oral between
you and CycleNoodle.com in relation to such matters. cycleNoodle.com reserves the
right to update these Terms & Conditions from time to time. If it does so, the updated
version will be effective as soon as it is uploaded on to cycleNoodle.com and your
continued use of cycleNoodle.com following any changes constitutes your acceptance
of the new Terms & Conditions. You are responsible for regularly reviewing these
Terms & Conditions so that you are aware of any changes to them. No other variation
to these Terms & Conditions shall be effective unless in writing and signed by an
authorized representative on behalf of cycleNoodle.com. These Terms & Conditions
shall be governed by and construed in accordance with English law and you agree
to submit to the exclusive jurisdiction of the English Courts in relation to any
dispute arising out of or relating to these Terms & Conditions and/or your use of
cycleNoodle.com. If any provision(s) of these Terms & Conditions is held by a court
of competent jurisdiction to be invalid or unenforceable, then such provision(s)
shall be construed, as nearly as possible, to reflect the intentions of the parties
(as reflected in the provision(s)) and all other provisions shall remain in full
force and effect. cycleNoodle.com’s failure to exercise or enforce any right or
provision of these Terms & Conditions shall not constitute a waiver of such right
or provision unless acknowledged and agreed to by CycleNoodle.com in writing. Unless
otherwise expressly stated, nothing in the Terms & Conditions shall create any rights
or any other benefits whether pursuant to the contracts (Rights of Third Parties)
Act 1999 or otherwise in favour of any person other than you, cycleNoodle.com.
CONTACT US
You can contact cycleNoodle.com at CycleNoodle.com 28 Joyce Court,
Waltham Abbey, Essex, EN9 1NW, telephone: 0044 1992 712280, e-mail: info@cyclenoodle.com
Cancellation/Refund Policy
REFUND/CANCELLATION POLICY
Because you are paying for digital services, you must request a refund or cancellation
within 14 days of joining cycleNoodle.com. You should expect to receive your refund
within four weeks of requesting a refund; however, in many cases you will receive
a refund more quickly. This time period includes the time it takes for us to receive
your request, the time it takes us to process your refund once received, and the
time it takes your bank to process our refund request. We'll notify you via e-mail
of your refund once we've received and processed the refund.
Once you have been refunded, your profile on cycleNoodle.com will be deleted along
with any data that has been inputted.
The cancellation/refund request will be subject to the following guidelines:
• Cancellation request must be submitted to cycleNoodle.com
• Cancellation request must be submitted in writing by either e-mail or post using
the contact details provided at the bottom of this policy