A. By using and/or visiting this website (collectively, including all content and functionality available through the Pinkbike.com domain name, the "Pinkbike Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Use"), (2) Pinkbike's privacy notice, found at https://www.pinkbike.com/about/legal/#privacy-policy and incorporated here by reference, and (3) Pinkbike's Community Guidelines, found at https://www.pinkbike.com/about/legal/#community-guideliness and also incorporated here by reference. If you do not agree to any of these terms, the Pinkbike privacy notice, or the Community Guidelines, please do not use the Pinkbike Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version https://www.pinkbike.com/about/legal/#terms-of-use). Pinkbike may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. All and any
C. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of Pinkbike or any activities conducted on Pinkbike; (iii) bypass any measures we may use to prevent or restrict access to Pinkbike (or other accounts, computer systems or networks connected to Pinkbike); (iv) run any form of auto-responder or "spam" on Pinkbike; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any web pages associated with Pinkbike, or any third party web pages accessed through Pinkbike; (vi) harvest or scrape any Content from Pinkbike; or (vii) otherwise take any action in violation of our guidelines and policies.
You agree that your use of the Pinkbike Website shall be at your sole risk. To the fullest extent permitted by law, Pinkbike, it's officers, directors, employees, and agents disclaim all warranties, expressed or implied, in connection with the website and your use thereof. Pinkbike makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from our website, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Pinkbike website. Pinkbike does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Pinkbike website or any hyperlinked website or featured in any banner or other advertising, and Pinkbike will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
In no event shall Pinkbike, it's officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1) errors, mistakes, or inaccuracies of content, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from our website, (5) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Pinkbike website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Pinkbike shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Website is controlled and offered by Pinkbike from its facilities in the United States of America. Pinkbike makes no representations that the Pinkbike Website is appropriate or available for use in other locations. Those who access or use the Pinkbike Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Pinkbike Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Pinkbike Website.
You agree to defend, indemnify and hold harmless Pinkbike, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Pinkbike Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Pinkbike Website.
Pinkbike does not collect information from not logged in visitors interacting with the site. A cookie and ip address may be tracked to allow technology to better the visitor experience during a session. Session data is cleared when a browser is closed.
Visitors may receive third-party advertising. See point 5
Pinkbike offers the ability to register as a member of the website allowing a richer community experience. Members use their email address and other personal information in the process.
As a member of Pinkbike you may upload your videos and photos.
Pinkbike may send out an opt-out news letters to members.
Pinkbike allows other companies, called third-party ad servers or ad networks, to serve advertisements within the Pinkbike Site. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Pinkbike Site. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see.
Pinkbike does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks Pinkbike to show an advertisement to a certain audience (for example, men aged 18-34) or audience segment (for example, men aged 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of the Pinkbike Site, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.
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