Last Updated: April 28/04 2020
FirstCycling AS, org. nr 922 083 398, is a Norwegian company with its principal place of business at Fossetunet 1A, 6856 Sogndal, Norway (“FirstCycling”), and the owner of the website Firstcycling.com (the “Site”).
The Site offers users (“Users”) a collection of online cycling resources, news and information, including, without cycling events, races, competitions and results, teams and rankings, forums where Users can add posts (“Forum”) and FirstCycling Fantasy Game (“FC Fantasy”) where Users can participate (collectively, the “Content”). The Content is provided free of charge to you, unless otherwise indicated.
1. ACKNOWLEDGEMENT AND ACCEPTANCE
2. MODIFICATIONS TO TERMS
3. CHANGES TO THE SITE
FirstCycling may modify or discontinue the Site, any portion thereof or any service or other elements related to or contained on the Site without notice to you and without liability to you or any third party, except as otherwise provided in these Terms.
4. USER ACCOUNT
The Site allows you to create a profile by adding a user account. You are responsible for the security of your user account. You are entirely responsible for maintaining the confidentiality of your user account and password. Additionally, you are also responsible for any and all activities that occur under your user account. You acknowledge and agree that FirstCycling may block your use of the Site if your registration information is not complete and/or terminate your right to use the Site if any of the registration information that you provide is untrue, not current, incomplete or inaccurate, or if FirstCycling has reasonable grounds to believe that any of your registration information is untrue, not current, incomplete or inaccurate. You also must maintain and update your registration information to keep it current, complete and accurate.
Children under 13 years old are not allowed access to the Site without the written permission from a parent or a guardian.
Profiles of teams can only be created by people over 18.
If at any time FirstCycling believes that you do not follow the age limitation above, FirstCycling has the right to delete your account without notice.
6. LICENSE GRANT AND CONTENT
Subject to these Terms, FirstCycling hereby grants you a nonexclusive, nontransferable right to: (a) access the Site; (b) access the Content made available through the Site; and (c) download, print and use parts of the Content for your personal or internal use only.
Except as specifically permitted in these Terms, you may not, directly or indirectly: (a) transfer, sell, sublicense, rent or lease the Content; (b) circumvent any encrypted data or gain access to more materials or data than was licensed or use the Site in any manner which violates these Terms or any applicable law; (c) reverse engineer, decompile, disassemble, translate or convert any software or computer programs used to access the Site; and/or (d) copy (except as provided herein), reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate or otherwise modify the Content and/or software or permit any third party to engage in any of the acts described in this section.
7. USER CONTENT
As a User, you may post or submit cycling news, information and other content to the Site, including on the Forum and FC Fantasy ("User Content").
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize FirstCycling to use all rights, including trademarks, copyright or other proprietary rights in and to any and all of your User Content to enable use of the User Content in the manner contemplated by the Site and these Terms.
For clarity, you retain all of your ownership rights in your User Content. By submitting your User Content to the Site, you hereby agree to FirstCycling’s unrestricted use of the User Content and grant FirstCycling a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, sell, prepare derivative works of, display, and perform the User Content in connection with the Site and FirstCycling’s business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each User of the Site a non-exclusive license to access your User Content through the Site and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under these Terms.
You further agree that you will not submit material that is: (a) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner(s) to post the material and to grant FirstCycling all of the license rights granted herein; and (b) contrary to applicable local, national, and international laws and regulations. FirstCycling does not permit copyright infringing activities and infringement of intellectual property rights on its Site and will remove User Content if properly notified that such User Content infringes on another's intellectual property rights, without prior notice.
FirstCycling does not endorse any User Content or any opinion, recommendation or advice expressed therein, and FirstCycling expressly disclaims any and all liability in connection with any User Content.
8. COMMUNITY GUIDELINES
You agree that when using the Site, you will act in a manner consistent with the goals of the Site, and by way of example, and not as a limitation, you specifically agree that:
• You will not violate any applicable local, state, national or international law, including but not limited to any rule, regulation, decree or ordinance.
• You will not post information on or download information from the Site unless you have all rights and authority necessary to do so.
• You will not post any material or comment that is inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening or illegal.
• You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of any User or anyone else.
• You will not post files that contain viruses, corrupted files or other similar software, programs or routines that may damage the operation of another’s computer or the Site.
• You will not attempt to manipulate or otherwise gain unauthorized access to another User’s username(s) or other information.
• You will not post, transmit or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities.
• You will not harvest, mine or otherwise collect or store personal information about others, including without limitation e-mail addresses and User profiles.
• You agree not to solicit, for commercial purposes, Users of the Site.
FirstCycling reserves the right (but is not obligated), without limitation and in its sole discretion, to: (a) remove communications which are abusive, illegal, or disruptive or that otherwise fail to conform with the guidelines above or otherwise with these Terms; (b) edit or delete any communication posted on the Site; and/or (c) disclose any communication posted on any portion of the Site as necessary to satisfy any law, regulation or governmental request, regardless of whether such communications violates these standards.
9. THIRD PARTY LINKS
Some services accessible through the Site may be provided by other companies and the Site may provide links to other websites and resources, all which may be subject to separate third-party terms and conditions. Because FirstCycling has no control over such third-party sites and resources, you acknowledge and agree that FirstCycling is not responsible for the availability of such websites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such web sites or resources.
10. SWEEPSTAKES, CONTESTS AND PROMOTIONS
Any sweepstakes, contest or similar promotion made available through the Site or for which FirstCycling may, from time to time, send e-mail messages to you will be governed by official rules that are separate from and may vary from these Terms. By participating in any such sweepstakes, contest or similar promotion, you will become subject to its specific official rules. Note, however, that you remain subject to these Terms to the extent they do not conflict with the applicable official rules.
If FirstCycling determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Site, FirstCycling reserves the right to: (a) delete any or all content provided by you to the Site; (b) discontinue your registration with the Site; (c) discontinue your subscription to any digital product or service used through the Site; (d) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (e) any other action which FirstCycling deems to be appropriate.
A User may delete his/her registration information at any time by sending an email (including username and password) to email@example.com. FirstCycling may, in its sole discretion, terminate a User if he/she has been inactive for a period of twelve (12) months. A User will be defined as inactive if she/he has not logged into the Site with her/his username and password.
12. DISCLAIMER; LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES AND PRODUCTS AVAILABLE AT THE SITE, IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIRSTCYCLING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FIRSTCYCLING DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE CONTET AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIRSTCYCLING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
FIRSTCYCLING IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF FIRSTCYCLING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. If you are dissatisfied with THE SITE OR any portion THEREOF, or with any of these terms, your sole and exclusive remedy is to discontinue using the SITE
You agree to defend, indemnify and hold each of FirstCycling and its parent corporations, subsidiaries and affiliated entities and their respective members, shareholders, officers, directors, employees and agents, harmless from and against any and all third party claims, damages, losses, liabilities, costs and expenses (including but not limited to reasonable attorneys’ fees) due to or arising out of: (a) your use of and access to the Site; (b) your violation of any provision of these Terms; (c) your violation of any third party right, including without limitation any copyright, or right of privacy; or (d) any claim that any of your User Content caused damage to a third party.
FirstCycling and FIrstCycling’s logo and other product and service names of FirstCycling are trademarks of FirstCycling. You agree not to display, reproduce or otherwise use in any manner the foregoing marks without FirstCycling’s prior written permission.
15. CLAIMS OF COPYRIGHT INFRINGEMENT
If you are a copyright owner and believe in good faith that materials hosted by FirstCycling infringe your copyright, you may send FirstCycling a notice requesting that the material be removed or access to it blocked by providing the following information in writing:
• A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed at the Site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity infringed (including URL(s) for the content);
• Information reasonably sufficient to permit a FirstCycling representative to contact you, such as a name, address, telephone number and an e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of a right that is allegedly infringed.
Notices may be sent to firstname.lastname@example.org.
16. LAW AND VENUE
These Terms are governed by the laws of Norway without giving effect to any conflicts of law principles that may require the application of the laws of a different country. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. All actions or proceedings arising under or related to these Terms must be brought in the Courts of Oslo, and each party hereby agree to irrevocably submit to the jurisdiction and venue of any such court in all such actions or proceedings. If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of these Terms shall not be affected or impaired thereby.