Terms of Use


TERMS AND CONDITIONS OF USE

 

1. Terms - By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. This site contains materials intended for mature audiences only. In accordance with the Terms of Use Agreement, by entering this site you represent that you are 18 years of age or older. If you do not agree with any of these terms, or are under the age of 18, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Editing, Deleting and Modification - Gnarly Ride, Inc. (“Gnarly”) may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on the site.

3. Use License - Gnarly grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent from the company. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Gnarly. The right to access the website does not include any resale or commercial use of our site or its contents nor allows you to download or copy any account information for the benefit of another merchant.Any unauthorized use terminates the permission or license granted by Gnarly.

4. Disclaimer - The materials on Gnarl’y web site are provided "as is". Gnarly makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Gnarly does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

5. Limitations- In no event shall Gnarly or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Gnarly’s Internet site, even if Gnarly or a Gnarly authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Revisions and Errata - The materials appearing on Gnarly’s web site could include technical, typographical, or photographic errors. Gnarly does not warrant that any of the materials on its web site are accurate, complete, or current. Gnarly may make changes to the materials contained on its web site at any time without notice. Gnarly does not, however, make any commitment to update the materials.

7. Links - You shall not use our company logo or other proprietary graphic to link to this Site without the express written permission of Gnarly. Further, you may not frame any trademark, logo or other proprietary information, including the Images and/or Content, without Gnarly’s express written consent.Gnarly makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of our company and we shall not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. You hereby acknowledge and agree that we are not responsible for the availability of such external websites or resources, its content, including, without limitation, any link contained in such content, or any changes or updates to such content. If you decide to access links to third-party Web sites, you do so at your own risk.Any concerns regarding any external link should be directed to the relevant site administrator or web master.

8. Confidentiality - You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to us by an end-user is proprietary information of Gnarly. Customer information, may or may not be considered confidential and will be handled in accordance with Gnarly’s Privacy Policy.

9. Site Terms of Use Modifications - Gnarly may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

 

PRIVACY POLICY

 

Gnarly is committed to protecting and respecting your privacy. This policy (together with our terms and conditions of use sets out the basis on which any personal data we collect from you, or that you provide to us, will be utilized by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

What information do we collect about you?

Gnarly may collect and process the following information about you: Information that you provide by filling in forms on our site (including your personal details, contact details, mobile phone number and other profile information you submit when you create a forum member profile). We may also collect information when you voluntarily provide feedback and participate in our member forum. Your location according to the IP address assigned to your PC by your Internet Service Provider. If you contact us, we may keep a record of that correspondence. Details of transactions you carry out through the Site, including any information we require to provide any products or services that you order from us through the Site. Website usage information is also collected using cookies (see below under 'Cookies').

How will we use the information about you?

We use the information we hold about you in the following ways:

To administer your user account with us (including notifying you of any compatible matches, tips, announcements, updates, special offers or services, should you consent to this).

To help us improve the structure, layout and usability of the Site.

To allow you to participate in any interactive features of the Site (including the features that require the mobile phone number).

To help personalize your repeat visits to the Site.

To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes (see below under 'Marketing by us and third parties' for more information). Such information may be sent to you by email or by SMS (if you provided your mobile phone number).

To answer any questions you may raise or respond to any comments you may send to us.

To notify you about changes to our service or the functionality of the Site. To carry out market analysis and research. To ensure that you are complying with the terms and conditions of use and to comply with our statutory and regulatory obligations. Disclosure of your information Gnarly will only use or disclose your personal information in accordance with the purposes for which it was originally collected unless you have otherwise consented, or when required or permitted by law. Gnarly will keep your personal information only for so long as is required to fulfill the purpose for which it was collected or as required by law. Except as explained in this Privacy Policy, or as otherwise consented to by you, we do not disclose any personal information to third parties.

The following are the limited instances where we may disclose your personal information to third parties:

When this information must be shared to provide a product or service you have requested. Gnarly needs to send the information to companies who work on our behalf to provide a product or service to you.

To investigate and/or enforce violations of our Terms and Conditions and/or this Privacy Policy, or to protect our interests in our operation and our legal rights and protections.

To investigate potentially fraudulent or questionable activities. When required or permitted by law. Gnarly independently reserves the right to fully cooperate with requests from any recognized law enforcement authority, and to court orders, requesting or directing to disclose the identity or other information regarding any person, who is using or has used the Site or the Service or has obtained any Content available through or in association with the Site. By accepting this Privacy Policy and using the Site and/or the Service, you waive and hold harmless Gnarly, our affiliates, content providers, and the operators of the Site from any and all claims resulting from any and all actions taken by any of the foregoing during, or as a result of any law enforcement authority's investigations or inquiries.

In the course of a sale or potential sale, reorganization, consolidation, merger or amalgamation of our business. In order to ensure a smooth transition of the Service in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets or the sale of an individual website owned by Gnarly, may transfer your personally identifiable information to a third party as a part of such merger, acquisition, reorganization or sale. In the event the transaction proceeds, we will require that the receiving party agree that they will be similarly bound by the provisions of this Privacy Policy and that they will only use and disclose your personal information as we are similarly entitled under this Privacy Policy. In the event the sale does not proceed, we will require the potential purchaser to not use or disclose your personal information in any manner whatsoever and to completely erase the same.

Where such disclosure is described elsewhere in this Privacy Policy. This Privacy Policy does not protect information you post to any online profile, chat room, or any other forum accessible to other Users or other sites. Marketing and other uses of your non-personal data by us and by third parties.

Gnarly may share non-personal information we collect under any of the above circumstances. We may share it with our own companies or other third parties to develop and deliver targeted advertising to you, or to help us prepare or share aggregate business and marketing reports.

In the event that Gnarly, would like to send you information about goods and services offered by us and selected third parties that we think may be of interest to you, the email address or mobile phone number you have provided can be used. (To unsubscribe please send an email to support@gnarlyride.com).

Cookies - Gnarly may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual. For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer.

Cookies contain information that is transferred to your computer's hard drive. They help us to improve the Site and to deliver a better and more personalized service.

They enable us:

To estimate our audience size and usage pattern.

To store information about your preferences, and so allow us to customize the Site according to your individual interests. To speed up your searches.

To recognize you when you return to the Site. For further information about cookies visit: http://www.aboutcookies.org. You can set your browser not to accept cookies and the above website tells you how to do that. However, in a few cases some of the features on our Site may not function as a result.

Where we store your personal data - The personal data that we collect from you may be transferred to, and stored at, a location outside the United States ('USA'). It may also be processed by staff located outside the USA, who work for us or for one of our suppliers (for example, staff who are involved in providing services that you order from us, processing your payment details or providing support services for the Site). By submitting your personal data to us through the Site, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. Where we have given you (or where you have chosen) a password or user ID code which enables you to access certain parts of the Site, you are responsible for keeping the password or username confidential. We ask you not to share a password or username with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although Gnarly will do its best to protect your personal data, we cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk.

Other Websites - The Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to information and correction - You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please contact support. Please note that we may charge a small fee for this service. We want to make sure that your personal information is accurate and up to date. You can ask us to correct or remove information you think is inaccurate at any time by contacting support.

Changes to our privacy policy - Gnarly regular reviews our privacy policy and will post any changes to it on this page. We encourage you to regularly review our privacy policy to make sure you are always aware of what information we collect, how we use it and under what circumstances, if any, we may share it with other parties.

Questions - If you have any questions about this privacy policy then please contact us.

 

ANTI-SPAM POLICY

 

This sets forth Gnarly’s policy with regard to the use of “Spam” marketing techniques in connection with Internet Marketing. In the event, that we deem you to be in violation of these policies, we shall immediately revoke your membership rights and close any active account. Gnarly has a strict policy against spamming. The Company forbids the sending of unsolicited mass emails or unsolicited emails of any kind in connection with the marketing of our programs, products and services. Gnarly reserves the right to terminate your account and participation in our programs “for cause” if we deem you to be in violation of our anti-spamming policies. Gnarly also reserves the right to suspend your account and participation in the membership forum pending review upon any receipt of any complaint or other evidence that you may be engaging in spamming activity. Gnarly considers spamming to be any activity whereby you directly or indirectly transmit email messages to any email address that has not solicited such email and does not consent to such transmission. Gnarly also considers spamming to constitute posting advertisements in newsgroups in violation of the terms of participation in such newsgroup, which are off topic, or in newsgroups that do not specifically permit advertisements. Gnarly also considers it spamming when advertisements are places on message boards and chat rooms. If you are “spammed” by anyone regarding our products, services, website, or any other matters, please report this activity to support@gnarlyride.com.

 

DIGITAL MILLENIUM COPYRIGHT ACT NOTICE

 

Gnarly is in compliance with 17 U.S.C. § 512 and the Digital Millennium Copyright Act (“DMCA”). It is the company’s policy to respond to any infringement notices and take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. If your copyrighted material has been posted on www.gnarlyride.com or if links to your copyrighted material are returned through our site and you want this material removed, you must provide a written communication that details the information listed as follows: *Please be aware that you will be liable for damages (including costs and attorneys’ fees) if you misrepresent information listed on our site that is infringing on your copyrights. We suggest that you first contact an attorney for legal assistance on this matter.
The following elements must be included in your copyright infringement claim:
• Provide evidence of the authorized person to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Provide sufficient contact information so that we may contact you. You must also include a valid email address.
• You must identify in sufficient detail the copyrighted work claimed to have been infringed and including at least one search term under which the material appears on the site, www.gnarlyride.com.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Must be signed by the authorized person to act on behalf of the owner of an exclusive right that is allegedly being infringed.
Send the infringement notice via email to support@gnarlyride.com.

 

2257 DISCLOSURE STATEMENT OF GNARLY RIDE, INC., COMPLIANT CONTENT

 

All models, actors, actresses and other persons that appear in any visual portrayal of actual or simulated sexually explicit conduct appearing on, or otherwise contained in, our Website were over the age of eighteen (18) years at the time the visual image was produced. Records required for all depictions of actual or simulated sexually explicit conduct by Title 18 U.S.C. §2257 and 28 C.F.R. §75, et seq., are on file with the appropriate Records Custodian. Exempt Content: All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. §2257, §2257A and/or 28 C.F.R. §75, because: 1) they do not portray conduct as specifically listed in 18 U.S.C §2256 (2)(A) (i) through (iv); 2) they do not portray conduct as specifically listed in 18 U.S.C. §2257A produced after March 19, 2009; 3) they do not portray conduct listed in 18 U.S.C. §2256(2)(A)(v) produced after March 19, 2009; 4) the visual depictions were created prior to July 3, 1995; or, 5) this Company does not act as a producer with respect to the dissemination of such exempt images as that term is defined in 28 C.F.R. §75.1(c). The websites covered by this statement is www.gnarlyride.com. All records associated with depictions contained herein, required to be maintained by federal law, will be made available to authorized inspectors by the Records Custodian at the following location: 848 N. Rainbow Blvd., #1037, Las Vegas, NV 89107.