- Proprietary Rights in Website Content; Limited License to Access and Use Website
- Social Media Community Use Policy
- Provider Content
- Code of Conduct
- Copyright Policy and Copyright Complaints
- Repeat Infringer Policy
- Idea Submission
- Credit Card Matters
- Encryption Disclaimer
- Third Party Websites and Content
- LIMITED LIABILITY
- Choice of Law; Dispute Resolution
- Cumulative Remedies
- Final Agreement
- Electronic Communications
- Modification. At any time and from time to time, and without Your consent, We may unilaterally amend, modify, or change this Agreement, in Our sole discretion and without any notice or cause. By continuing to use the Website after any amendment, modification, or change, You have agreed to be bound by all such amendments, modifications, and changes. Therefore, please carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes.
- Registration. In consideration of Your use of the Website, You agree to: (i) provide accurate, current, and complete information about You, as may be prompted by any registration form on the Website ("Registration Data"); (ii) maintain the security of Your Website password and identification; (iii) maintain and promptly update Your Registration Data and all other information that You provide to Us; and (iv) be fully and solely responsible for all use of Your Account (defined below) and for any action that takes place within Your Account.
- Memberships. You may purchase an annual membership (“Membership") for the self-serve bicycle rental services provided by Bike Share ("Service"). To purchase a Membership, You must review and agree to the Bicycle Rental Agreement, Liability Waiver, and Release (“Rental Agreement”) and create a User account ("Account"), on the Website.
- Term. The term of this Agreement begins when You first use the Website, and it ends 10 years after Your last visit to the Website; provided, however, that Your personal financial responsibility under Section 15 of this Agreement, titled Credit Card Matters, expires one year after the later of (i) Your last use of the Service, or (ii) the expiration of Your Membership. At any time and from time to time, and without Your consent, We may unilaterally terminate Your right to use the Website and expel You from the Website, in Our sole discretion and without any notice or cause. This Agreement remains in full force and effect after terminating Your right to use the Website or after expelling you from the Website.
- Social Media Customer Use Policy.
We engage our community through many digital outlets. Along with citibikenyc.com, we communicate with our customers through social media platforms, including Facebook and Twitter. These tools enable all of us to connect, share our interests and experiences, and engage in meaningful conversations. When engaging with Us over social media, it is important to note that you are agreeing to the following terms and conditions of this Social Media Policy, which we hope will satisfy each community member’s need for expression, while maintaining each community member’s right to feel comfortable, safe, and confident in their rights and obligations within our community.
Commenting on Bike Share Social Media Platforms:
We share content (information, photos, video) with our community through external social media platforms. All comments posted to Our social media platforms are moderated and if We, in our sole discretion, determine that any post or comment voilates the terms and conditions of this Social Media Policy, then we may remove those comments or posts. Failure to comply with this Social Media Policy may result in deletion of content or termination of your access to Our social media platforms.
- All comments or posts should be related to the content on Our social media post. Our social media accounts are not meant for comments that do not directly relate to the purpose or topic of the social media post.
- Be authentic. Include your real name and contact information when creating a social media account, or any other related social media account. Do not impersonate another person or access Our social media platform from another person’s account. Do not share any other person’s personal information, or any other business’ proprietary information, without their express consent.
- Be honest, professional, and use your best judgment in all situations. If you would not show the content to a child or grandparent, it may not be appropriate to post.
- Use of Our social media accounts for the promotion or advertisement of a business or commercial transaction is prohibited.
- The use of obscene, threatening or harassing language is prohibited. Personal attacks of any kind or offensive comments that target or disparage any ethnic, racial, age, or religious group, gender, sexual orientation or disability status are prohibited.
- If you share a Bike Share social media post (whether by sharing it on Facebook, or re-tweeting it on Twitter), then you agree not to disparage Bike Share, portray Us in a false light, or modify the Bike Share Bike post in any way.
- This Social Media Customer Use Policy is subject to amendment or modification at any time, in Our sole discretion. Please review it regularly.
This comment policy is subject to amendment or modification at any time.
User-Generated Content: As we continue to build our community, users are welcome and encouraged to submit and post content, including photographs and videos, to Our social media platforms where the content meets the standards articulated in this Social Media Policy. Users may only post their own, original content. Reproduced or borrowed content that reasonably appears to violate third party rights will be deleted. If you believe that a user has violated the terms of this Social Media Policy, then please contact Us. Although we try to maintain a safe environment on our social media platforms, we are not responsible for the posts of any user and disclaim any liability for such posts. TO THE FULLEST EXTENT PERMITTED BY LAW, BIKE SHARE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NONINFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY CONTENT POSTED ON OUR SOCIAL MEDIA PLATFORMS.
- You must not upload, post, transmit, share, store, or otherwise make available any content that We may deem, at any time and from time to time in Our sole discretion, harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, sexually, or otherwise objectionable.
- You must not upload, post, transmit, share, store, or otherwise make available: (1) any information or material that infringes on the rights of Bike Share and its Related Parties or any third party, including any intellectual property right; (2) any third party advertisement, including banner exchange services; (3) any software viruses, Trojan horses, worms, or other malicious software; or (4) any information or material that may constitute or encourage conduct that is a criminal offense or civil wrong or that otherwise might violate any applicable law or this Agreement.
- You must not upload, post, transmit, share, store, or otherwise make available any content that infringes or violates the copyright, trademarks, or other rights of Bike Share and its Related Parties or any third party.
- You must not attempt to circumvent any content filtering techniques that We may employ.
- You must not use automated scripts to collect information from or otherwise interact with the Website or its servers.
- You must not register for more than one Account or register for an Account on behalf of any individual other than You.
- You must not upload, post, transmit, share, store, or otherwise make available any private information of any third party, including mailing addresses, phone numbers, email addresses, Social Security numbers, or credit card numbers.
- You must not solicit personal information from anyone under 18 years of age (unless you are that person's parent or guardian), or solicit passwords or personally identifying information for commercial or unlawful purposes.
- You must not attempt to use another person's Account, service, or system.
- You must not impersonate any person or entity or make any false statement regarding Your employment, agency, or affiliation with any person or entity.
- You must not stalk, threaten, or harass anyone or infringe or attempt to infringe their privacy.
- You must not interfere with or disrupt the Website's servers or networks connected to the Website or any other server.
- You must not attempt to gain unauthorized access to other computer systems or networks.
- You must not upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or other form of solicitation.
- You must not upload, post, transmit, share, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, that would violate the rights of any party, or that would otherwise create any liability or violate any local, state, national, or international law, regulation, or ethical code.
- You must not take any action that could undermine, disrupt, or manipulate the integrity of any part or program of the Website.
- You must not operate or participate in any gaming or lottery.
- You must not use the Website for any illegal purpose, including drugs, pimping, prostitution, or terrorism.
- You must not disobey or breach this Agreement or any other applicable instruction or policy published by Bike Share and its Related Parties.
- You must not post, transmit, share, store, or otherwise make available content that, in Our sole judgment, is objectionable or restricts or inhibits any third party from using or enjoying the Website, or that may expose Bike Share and its Related Parties or anyone else to any harm or liability of any type.
The content on the Website or any Affiliated Website may be accessible to persons under 16 years of age. At any time and from time to time, and without Your consent, and in Our sole discretion and without any notice or cause, We may (i) remove, delete, or restrict access to information that is deemed inappropriate for any person under 16 years of age, (ii) refuse to post, transmit, or remove any content uploaded or posted by You, (iii) review Your personal profile and amend any typing or spelling error, (iv) restrict or terminate Your access to the Website and any Affiliated Website.
- Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed, so that We can locate the material. For example, "The copyrighted work is my content that appears at http://www.mycontentpage.com/xyz." If multiple copyrighted works at a single online site are covered by Your Notification, then You may provide a representative list of such works at that site.
- Identify the URL or other specific location on the Website or service that contains the material that You claim infringes Your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, "The content at the following URL infringes on my copyright: http://www.anothercontent.com/item2_jklstw123."
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
- Include a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- Include a statement by You that the information contained in Your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner's behalf.
- Include Your name, mailing address, telephone number, and email address.
You may submit Your Notification of Alleged Copyright Infringement by sending a letter to our Designated Agent by mail or e-mail, as set forth below:
NYC Bike Share Designated Copyright Agent
5202 3rd Avenue
Brooklyn, NY 11232
Please note that You could be liable for damages, including court costs and attorneys fees (whether incurred at trial, on appeal, or otherwise) if You materially misrepresent that any content on our Website or any service infringes any copyright. Filing a false form on this page constitutes perjury. On receiving a proper Notification of Alleged Copyright Infringement as described above, We may remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of Your claim. We also may advise the alleged infringer of the DMCA statutory Counter Notification procedure described below, by which the alleged infringer may respond to Your claim and request that We restore the material.
If You believe that Your copyrighted material has been removed from the Website or service as a result of any mistake or misidentification, then You may submit a written Counter Notification to our Designated Agent, pursuant to 17 U.S.C. Sec. 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, Your Counter Notification must include substantially the following information:
- Identification of the material that has been removed or disabled and the location at which the material had appeared before it was removed or disabled.
- A statement that You consent to the jurisdiction of the Federal District Court in which Your address is located, or if Your address is outside the United States, for any judicial district in which the service provider may be found.
- A statement that You will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party's agent.
- Your name, mailing address, and telephone number.
- A statement under penalty of perjury that You have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification.
- Your physical or electronic signature.
You may submit Your Counter Notification by sending a letter to Our Designated Agent by mail or e-mail as set forth above.
If You send Us a valid written Counter Notification meeting the requirements described above, then We may restore Your removed or disabled material no later than 14 business days from the date on which We received Your Counter Notification, unless our Designated Agent first receives a notice from the party filing the original Notification of Alleged Copyright Infringement that informs us that such party has filed a court action to restrain You from engaging in infringing activity related to the material in question. Please note that if You materially misrepresent that the disabled or removed content was removed by mistake or misidentification, then You could be liable for damages, including costs and attorneys fees (whether incurred at trial, on appeal, or otherwise). Filing a false form on this page constitutes perjury.
NYC Bike Share, LLC
5202 3rd Avenue
Brooklyn, NY 11232