BiCity Terms of Service
The BiCity Project (BiCity) is a collaborative project created and maintained byQBQUITY Sprl (we/us), a company based in Belgium (registered office: rue Général Molitor 14 - 1040 Brussels). The aim of the project is to offer a service for those who use the bicycle as their main means of transport, giving the possibility to share geo-localized information for each city, region, state. The service is aimed at citizens who use bikes to move around their city but also to those who intend to visit and discover another city or country better using the advice of those who live there and certainly know it better. The information collected and published by the BiCity Project can be of any type, but mainly can include: suggested routes, spare parts shops and bicycle sales, exchange parking lots or bike-friendly services to the citizen to recommend (bars, restaurants, shops in general that offer discounts for cyclists), rescue points or bicycle repair shops, and so on.
1. These terms of service
These terms cover your use of services officially operated and provided by QBQUITY Sprl within the BiCity Project. In particular these are:
- the BiCity Project website and associated services and APIs,
- the BiCity Project data distribution,
- the BiCity Project website and associated services and APIs,
- the BiCity Project mailing lists and forums
By using these Services, you agree to be bound by the following Terms of Service, as updated from time to time (collectively, the "Terms"'). Please read them carefully. If you don’t agree to these Terms, you may not use the Services.
Please be aware of the following.
- QBQUITY Sprl as host operates the infrastructure and websites (many of which are collaborative Open Source projects), but most of the data are contributed by users. While one of the goals of the BiCity Project is to collect a complete and structured database, BiCity Project does not and cannot proactively review all edits or other contributions. Therefore, we do not represent or guarantee the truthfulness, accuracy, or reliability of any submitted community content. Suspected data problems may be reported to the webmaster in accordance with our approved procedures.
- You are responsible for your own actions: You are legally responsible for your edits and contributions, so for your own protection you should exercise caution and avoid contributing any content that may result in criminal or civil liability under any applicable laws. Although we may not agree with such actions, we warn editors and contributors that authorities may seek to apply other countries’ laws to you, including local laws where you live or where you view or edit content. QBQUITY Sprl generally cannot offer any protection, guarantee, immunity or indemnification.
- By uploading data and information on BiCity website or app, you declare that you have full right to do so and that you release QBQUITY Sprl from liability in the event of third party claims. Furthermore, you acknowledge that QBQUITY Sprl is (and will remain in the future) the owner of the copyright and the sui generis right on the BiCity database.
2. Data protection
2.1. Your account data
2.2. Use by minors
You must be sixteen (16) years or older to use the Services. If you are under 16 years of age but at least 13 years old, a parent or other adult authorized by your parent may create an account for you to use. The account must not contain any personal data about you, and you must not add any personal data about yourself. For example, your parent may create an account using your parent’s email address and a username that is not associated with you, which your parent may permit you to use to contribute map edits. For your protection, you are not allowed to use the social aspects of the Services (diary posts, ‘home’ location, mailing lists and forums), but you may contribute edits to the map. You should not reveal any personal data in any communications you have regarding your map edits. By registering as a user or providing personal information on the Services, you represent that you are at least 16 years old.
2.3. Use by an entity
The BiCity Project is mainly conceived for users who are natural persons. However, if you are entering into this agreement on behalf of your company or another legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" will mean the entity you represent.
3. Unlawful uses and other unauthorized uses
3.1. Account responsibility
You are solely responsible for your compliance with all applicable laws, regulations, and third party agreements in your use of the Services. You represent that you are not, and are not controlled by, an individual, organization or entity organized or located in a country or territory that is the target of sanctions imposed, or on any restricted or sanctioned party list maintained by the Belgium government. You may not use the Services in any manner that could damage or overburden the Services or interfere with any other party's use of the Services. You agree to abide by QBQUITY Sprl’s usage policies and other policies posted on the BiCity website in conjunction with the Services, including accompanying documentation.
3.2. Unauthorized uses
You may not use the Services to:
- Disseminate or store material that infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
- Impersonate any person, create a false identity (a pseudonym does not count as a false identity) or otherwise attempt to mislead others as to the identity or origin of any communication, or engage in fraud;
- Interfere with or attempt to gain unauthorized access to any computer network;
- Host with, transmit to or provide to us any information that is subject to specific European Union or Belgium government regulation, including, without limitation, personal data to which you do not have legitimate access and ownership, or data relating to criminal offenses or related security measures, and information subject to export control or economic sanction laws;
- Operate dangerous businesses such as emergency services or air traffic control, where the use or failure of the Services could lead to death, personal injury or significant property damage;
- Transmit viruses, trojan horses, or any other malicious code or program;
- Engage in any form of unsolicited advertising;
- Recreate or proxy any part of the Services in order to evade these Terms (including aiding anyone else in doing so);
- Store data available through the Services in order to evade these Terms (including aiding anyone else in doing so); or
- Engage in any other activity reasonably deemed by QBQUITY Sprl to be in conflict with the spirit or intent of these Terms.
3.3. Unauthorized use of personal data
Through your BiCity account, you may have access to some personal data from other BiCity contributors. You may not use personal data available through the Services to:
- Attempt to re-identify any natural person;
- Attempt to stalk or harass any natural person;
- Gather or collect email addresses, real names, home addresses or phone numbers without express consent;
- Seek personal data from any minor without the express consent of their parent or legal guardian.
3.4. Unauthorized use by others
You may not permit your end users or other third parties to use the Services in any way that would be a violation of these Terms if done by you, and you agree to take reasonable efforts to prevent such use. You agree to promptly notify QBQUITY Sprl in writing if you become aware of any misappropriation or unauthorized use of the Services.
4. Account cancellation or suspension
You are free to stop using the Services any time. In addition, we may cancel or suspend your account for violation of any BiCity policy or any applicable law. Upon cancellation or suspension, your right to use the Services will stop immediately. Attempting to evade a cancellation or suspension (such as by creating a new account or using an alternate account) is a violation of these Terms. You may not have access to data that you stored on the Services after we cancel or suspend your account. You are responsible for backing up data that you use with the Services. If your account or access is blocked or otherwise terminated for any reason, your public contributions will remain publicly available (subject to applicable policies), and, unless we notify you otherwise, you may still access our public pages for the sole purpose of reading publicly available content. In such circumstances, however, you may not be able to access your account or settings. Even after your use and participation are banned, blocked or otherwise suspended, these Terms of Service will remain in effect with respect to relevant provisions.
5. Additional terms
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Headings are for convenience only and have no legal or contractual effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and QBQUITY Sprl as a result of these Terms or your use of the Services. You further acknowledge no confidential, fiduciary, contractually implied, or other relationship is created between you and QBQUITY Sprl other than pursuant to these Terms.
6. Disputes and jurisdiction
We hope that no serious disagreements arise involving you, but, in the event there is a dispute, we encourage you to seek resolution through the alternative dispute resolution procedures or mechanisms provided by the Services. If you seek to file a legal claim against us, you agree to file and resolve it exclusively in a court located in Brussels, Belgium. You also agree that Belgian law will govern these Terms, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles). You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Brussels, Belgium, in any legal action or proceeding relating to us or these Terms.
Your use of the Services is at your sole risk. We provide the Services on an "as is" and "as available" basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our Services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure. We are not responsible for the content, data, or actions of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our Services creates any warranty not expressly stated in these Terms. Any material downloaded or otherwise obtained through your use of our Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice. We may add, change, replace, remove, or discontinue the features and functions of the Services, including APIs. It is your responsibility to ensure that calls or requests you make to the Services are compatible with then-current APIs and authentication methods, and that you handle responses properly. Some states or jurisdictions do not allow the types of disclaimers in this section, so they may not apply to you either in part or in full depending on the law.
8. Limitation on liability
The QBQUITY Sprl will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage. In no event shall our liability exceed one thousand Euro (€ 1000.00) in aggregate. In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you, although our liability will be limited to the fullest extent permitted by applicable law.
9. Changes to Services or Terms
10. Reporting a violation
Each user, even an unregistered user, can report any violation of these Terms or applicable law implemented within or through the Service; he/she can do it by using the internal reporting system of the BiCity website or the BiCity app, or by writing to firstname.lastname@example.org. BiCity staff will try to process your claim as soon as possible and, if the violation is ascertained, will intervene to remove or modify the inappropriate content.
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