The fine detail...
Last updated: July 18, 2019.
This page describes the terms and conditions that govern your use of certain ICE digital products, including the websites www.internationalcyclingexecutives.com and www.cyclingexecs.com (“Website”), mobile applications offered by International Cycling Executives Pty Limited (“ICE”, “us” or “we”) and the ICE private app (ICE App).
1. GENERAL
1.1 If you choose to use the Website, ICE App or any ICE branded or owned mobile sites and applications, or any of the related features including but not limited to RSS, API, software and other downloads (collectively, the “Services”), you will be agreeing to abide by all of the terms and conditions of these Website Terms between you and ICE in addition to any applicable terms of use provided by third party service providers such as Facebook.
1.2 Please take the time to read these Website Terms together with our Privacy Policy. We may, from time to time, review and update these Website Terms to take account of new laws, technologies and changes to our operations. Your use of the Website and Services is governed by our most recent Website Terms.
1.3 Your access to and use of the Services is for your personal use only. We do not permit any commercial use of the Services without our express written agreement.
1.4 We may change, suspend or discontinue any aspect of the Services at any time to reflect changes to our products, our users’ needs and our business priorities. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms and conditions, and that they comply with them.
1.5 Your continued use of the Website and Services now, or following the posting of notice of changes in these operating rules, will indicate acceptance by you of such rules.
2. CONTENT ON THE SERVICES
2.1 The Website and Services is designed for an audience over eighteen (18) years of age. Should you be under age 16, you need to get your parents’ permission before using the Services.
2.2 All content, information and materials appearing on the Services (including, but not limited to news articles, photographs, images, illustrations, podcasts, video clips, links, forum posts, messages, emails), also known as the “Content”, are protected by copyright, and owned or controlled by International Cycling Executives Pty Ltd. or the third party credited as the provider of the Content. You acknowledge that, as between ICE and you, ICE is the sole owner of all content on the Website and Services, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto.
2.3 You acknowledge and agree that some Content available on the Services will only be made available to registered Members of ICE (“Restricted Content”), and will not be accessible by the general public. Should you wish to access such Restricted Content, you will need to apply and pay for a ICE Membership and agree to the Terms available at https://internationalcyclingexecutives.com/membership-terms/.
2.4 The Services and Content are protected by copyright pursuant to Australian and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
2.5 You may download or copy the Content and other downloadable items displayed on the Website or Services for personal use only, provided that you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print.
2.6 You will not sell, redistribute, retransmit, reproduce, display or otherwise provide access to the Content to any third party, nor modify or create derivative works from any Content.
2.7 Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from ICE, or the copyright holder identified in the copyright notice contained in the Content.
2.8 Certain Content is licensed by us from third parties and we will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
3. YOUR CONTRIBUTIONS
3.1 On certain parts of the Services we encourage you to submit your own personal contributions for example by submitting photographs, video footage or written feedback or participating in discussions with other members in our Member Directory or the ICE App) (Your Contributions). Your Contributions are subject to the following conditions:
- All Your Contributions must be your own work and must not include any material which is the copyright of someone else;
Your Contributions must be on-topic and constructive and not contributed with the intention of disrupting genuine discussions on our Services or causing harm or offence to anyone; - You give to us free of charge permission to use Your Contributions in any way we want to on any website or mobile site, application, products or services in any media (including editing, modifying or adapting Your Contributions for operational or editorial reasons)
- We may also redistribute Your Contributions to third parties; please note that this may include television broadcast.
- Copyright in Your Contributions remains with you and the permissions you give us do not restrict you from using Your Contributions in any way.
- We generally show your name (if provided) with Your Contributions, however, you acknowledge and agree that it is not always practical for us to attribute you as the author of Your Contributions.
- Your Contributions may or may not be pre-screened and there may be a delay before they appear on the Services. We may choose not to use Your Contributions or remove Your Contributions from the Services at our discretion.
3.2 We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
3.3 You acknowledge and agree that when you post Your Contributions on the Website or Services, or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of ICE, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the ICE Website or the ICE App.
3.4 You understand that the technical processing and transmission of the Website may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. ICE assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Website.
3.5 If you are under 16, you confirm that you have the permission of your parent or guardian to submit Your Contribution.
3.6 If you have any questions about Your Contributions please contact us at hello@cyclingexecs.com.
4. PROHIBITED CONTRIBUTIONS
4.1 It is your responsibility to ensure that Your Contributions do not breach any applicable laws or rights. Without limiting this obligation we require that Your Contributions do not:
- Defame any person;
- Breach anyone’s intellectual property rights or confidentiality.
- Breach privacy laws;
- Breach anti-discrimination laws;
- Contain any links, advertising or marketing material or spam;
- Stalk or harass any person (including threaten any other member of our Member Directory or ICE App;
- Encourage or promote or assist the commission of any illegal act;
- Contain excessively coarse language or content which would be rated R RC or X by the Australian Classification Board; or
- Include any material that contains any virus or computer code file or computer program designed to impair any the performance of the nine.com.au network or any computer, software or telecommunications device.
- Contain any commercial material e.g. material containing any solicitation of funds, advertising or solicitation for goods or services.
5. COMMENTS POLICY
5.1 When contacting other members via our Member Directory or contributing to the ICE App, you agree to use respectful language, and not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc in any contributions you make. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.
5.2 ICE welcomes active discussions and debate between its users on the Services, but personal attacks are a direct violation of these Website Terms, the Community Guidelines available at https://internationalcyclingexecutives.com/community-guidelines/ and are grounds for immediate and permanent suspension of access to all or part of the Service.
6. REPORTING
6.1 IF YOU THINK THAT ANY CONTENT ON THE WEBSITE IS UNLAWFUL OR BREACHES THESE WEBSITE TERMS PLEASE USE THE REPORT FUNCTION AT hello@cyclingexecs.com
6.2 Please note while we will not necessarily reply to all complaints, we will consider whether there are any grounds for taking action for each complaint received.
7. THIRD PARTY LINKS AND DEALINGS WITH ADVERTISERS
7.1 The Website or Services contain links to other related Internet sites, resources, and advertisers. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. Since we are not responsible for and have no control over the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
7.2 Our Services may include advertising and promotional material provided by our advertisers. We do not recommend or endorse any advertiser, its products or services and we ask that you contact the advertiser directly if you have any queries or concerns regarding the content of any advertisement.
7.3 In some instances, advertisements will contain offers which you can accept by clicking through to the advertiser’s website. Such offers are not made by us and the advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
7.4 From time to time we feature, promote or sponsor special events, competitions and other activities conducted by third parties on-line and/or off-line. We do not accept any responsibility for your participation. However, there may be specific terms and conditions applicable to those activities and you should check these carefully.
8. ICE EVENTS
8.1. Events hosted or otherwise promoted by ICE are generally available to Members and third parties to attend, subject to purchasing a ticket to such event. ICE ticket and event offers are open on a ‘first-come-first-served’ basis and no guarantees are made in regards to your attendance or availability of tickets. Tickets purchased are non-transferable and non-refundable.
8.2 Specific event terms may apply to an ICE event (Event Terms) and these will be made available to you at the time of purchasing your ticket. ICE events are powered by a third party event platform and as such by purchasing a ticket to an ICE event you are agreeing to the Terms of Service on their site in addition to the ICE terms. ICE is not responsible for the performance of this platform.
8.3 Without limiting the Event Terms, you acknowledge and agree that ICE films and photographs every event. You consent to being filmed or photographed by ICE (or its representatives) and to ICE using your name, likeness, image and/or voice in such photographs or films for the purpose of promoting our events, services and products. No remuneration is payable for such use. Should you wish not to be filmed or photographed by ICE at an event, please contact us prior to the event at hello@cyclingexecs.com
9. DATA COLLECTION AND USE POLICY
9.1 Please see our Privacy Policy for details of how personally identifiable information is collected from you and may be processed or shared with others.
10. ICE App
10.1 In addition to the ICE Website and ICE Member Portal, ICE has created a dedicated private App available for Members of ICE to join at their election. Your participation in the ICE App is subject to these Website Terms, the Privacy Policy and the ICE Community Guidelines that you agree to be bound by at all times when using the platform.
10.2 ICE is not responsible for the performance of the ICE App platform nor any action that the platform may take in relation to your usage of its services including (but not limited to) the removal of any item of Content posted by You on the ICE App or your continued access to the ICE App or it’s platform.
10.3 ICE accepts no responsibility for the content of third party advertising on or around the ICE App. We request that You report any offensive or unlawful content or advertising on the ICE App to us at hello@cyclingexecs.com for further consideration.
11. TERMINATION
11.1 You agree that International Cycling Executives Pty Ltd may without notice terminate your access to our Services without notice on any reasonable grounds including but not limited to:
- Breach of these Website Terms or Membership Terms;
- Request by law enforcement authorities or agencies;
- Discontinuation of modifications to our Services;
- Breach of third party terms of service such as, for e.g. Facebook;
- Technical issues or problems;
- Non-payment of any fees owed by you in relation to any Services; and
- Where we suspect you have used the services for a fraudulent or illegal purpose
12. DISCLAIMER
Except where expressly specified the Content is provided for your information only. It is not intended as advice and you should not rely upon it as such. You should verify any important information we provide (such as information about health, finances and travel) and seek independent advice suited to your specific circumstances prior to making any decisions.
13. LIMITATIONS OF LIABILITY
Your use of the Services is at your sole risk. The Content and Services are supplied to you on an “as is” and “as available” basis. To the extent permitted by law International Cycling Executives Pty Ltd, its related bodies corporate, partners and licensors expressly disclaim all warranties and conditions of any kind regarding our content and services whether express or implied unless expressly set out in these Website Terms. Without limiting the foregoing we do not warrant that: our Content is accurate or reliable. Nor do we warrant that our Services will be timely, uninterrupted or error free or that any errors or defects will be corrected. In no circumstances are we liable for any indirect or consequential losses or damages arising in connection to your use of the Services.
14. INDEMNITY
We rely on you to use the Services responsibly and to observe these Website Terms. If International Cycling Executives Pty Ltd suffers any loss or damage or incurs any costs in connection with any breach of these Website Terms or any other legal obligation then you agree to indemnify International Cycling Executives Pty Ltd for the losses, damages and costs.
15. GOVERNING LAW
These Website Terms and any issues arising under these Website Terms will be dealt with under the laws of New South Wales, Australia.