King of the Mountain
The "website", uses the Strava application to compile the required time to cycle the course on Camilien-Houde ave, in Montreal. After compiling all racers standings, Cycles Régis will crown the King of the Mountain at the end of the cycling season.
The WEBSITE relies on your mobile device’s connection to GPS and its accelerometer to determine its speed. Should this data not be available, the WEBSITE may not function as intended.
3. Prize claim
There is a limit of one (1) prize per person. An ID may be required when claiming the prize.
The person selected in the draw for the Grand Prize will be presented to the shop Cycles Regis and take possession of the prize within 6 months following the random selection.
Acceptance of the prize. Any prize can not be transferred to another person, substituted for another prize or exchanged in part or in whole against money.
4. Incorporation of Related Terms
These Terms incorporate and supplement the Strava Terms of Service (available at http://www.strava.com/terms).
Only residents of Canada who are 18 year of age and older are eligible to use this WEBSITE. You represent and warrant that, at the time you download this WEBSITE, you meet the eligibility criteria.
6. Permitted Use of the WEBSITE
As consideration for your ongoing compliance with and agreement to be bound by the Terms, we hereby grant and you hereby accept a limited, non-exclusive, non-transferable, non-assignable license to use the WEBSITE for personal use only on a mobile device. The WEBSITE shall include future updates made available to you from time to time, provided you understand that such updates may be subject to additional terms in respect of which you will be notified on your mobile device at the time such update is made available.
You understand and agree that we do not assert that this WEBSITE actually prevents or decreases your likelihood of being involved in a traffic or other accident. We make no assertion that the WEBSITE will keep you safe. We are not responsible for the actions of any individual or any accident that results while using or attempting to use the WEBSITE. Failure in the reliability, operation, continuity in service or performance of the WEBSITE does not constitute an opportunity to hold us liable for any damages. You alone are responsible for the consequences of using the WEBSITE.
7. Prohibited Uses
Use of the WEBSITE is limited to the purpose as described in Clause 5 of these Terms. You may not reverse assemble, reverse compile, or otherwise reverse engineer the WEBSITE. Your license to use the WEBSITE may not be transferred, leased, assigned, or sub-licensed without our prior written consent. If you copy or modify or create any derivative works of the WEBSITE in any way not expressly authorized by us, your license is automatically terminated. You agree not to remove, alter, obscure or make unclear any notices or indications of our intellectual property rights whether these notices are built in to the WEBSITE, packaging, promotional material, Web content, or any other materials. You may not provide services to third parties using the WEBSITE. The WEBSITE shall not be used in any way that,
- harasses, abuses, threatens, defames, or otherwise infringes or violates the rights of any other party;
- is unlawful, fraudulent, or deceptive;
- uses technology or other means to access unauthorized content or non-public spaces;
- uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
- attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- attempts to damage, disable, overburden, or impair our servers or networks;
- attempts to gain unauthorized access to our computer network;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- violates these Terms in any manner; or
- encourages any third party to do any of the above.
You agree to indemnify and hold us harmless, including our agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the WEBSITE, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the WEBSITE, violation of these Terms, or violations of any rights of a third party, or any allegation thereof.
9. No Warranties and No Liability
The WEBSITE is provided as-is without representation or warranty of any kind, either express or implied, arising by law or otherwise, including but not limited to: (i) the reliability, operation, continuity in service, or performance of the WEBSITE (ii) that the WEBSITE will be available or will function without interruption or that it will be free of errors; (iii) that the use of the WEBSITE will be free of viruses, Trojan horses, worms or other disruptive components; (iv) that your use of the WEBSITE and its content will not infringe the intellectual property or other rights of any third party; that the WEBSITE is fit for a particular purpose or need; or (v) that your use of the WEBSITE will be compliant with applicable laws.
Use of the WEBSITE may incur charges from your mobile provider. You are responsible for paying all roaming charges, data charges, text message (SMS and MMS) charges, plan charges, overage charges and any other possible charges that result from the use of the WEBSITE. Under no circumstances shall we be liable for any charges billed by your mobile provider.
We completely disclaim all liability arising from the use of the WEBSITE by you or any user. Further, and without limiting the generality of the foregoing, in no event are we liable for any direct, indirect, incidental, consequential or special damages, losses, claims or expenses arising from the use of the WEBSITE, its interruption or any error, omission or inaccuracy in any way connected with its content.
10. Intellectual Property
We will have sole and exclusive ownership of the WEBSITE, in both object and source code, all media and documentation relating to the WEBSITE (including their development, their operation, testing or use, and all reports and copies thereof) and all intellectual property rights associated therewith. Any and all intellectual property rights including trademarks, patents, WEBSITES, promotional materials, marketing collateral, etc. shall remain our exclusive property.
The WEBSITE is protected by the Copyright Act, and its content cannot be altered without infringing on our and the author's rights and his/her moral rights.
The texts, illustrations, graphics and images displayed on the WEBSITE are and will remain at all times our property and/or the author(s), unless stipulated otherwise herein. They cannot, under any circumstances, be sold, reproduced, copied, modified, published, distributed, uploaded, broadcast or retransmitted, in whole or in part, as the case may be, without prior express permission from us and/or the author(s).
No content from the WEBSITE may be cited or transmitted to newsgroups, mail lists, or electronic bulletin boards, blogs, or incorporated into any other internet site nor may links be created to this WEBSITE without clearly indicating the source of the WEBSITE and without our prior written consent.
Certain names, words, titles, expressions, phrases, logos, icons, graphics or designs or other content in the WEBSITE are, as the case may be, trade-names or trade-marks of CYCLES REGIS and its affiliated companies.
King of the Mountain is a trade-mark of CYCLES REGIS. This list is not exhaustive and can be modified at any time and without notice.
Certain names, words, titles, phrases, logos, icons, graphics or designs or other content in the WEBSITE can constitute trade-marks or trade-names, registered or not, property of third parties and may be used under licence. The display of trade-marks and trade-names on this WEBSITE does not imply that a license of any kind has been granted to anyone else. You are not permitted to use these marks or names without express consent from us or from the third party proprietor of these marks or names. Any unauthorised downloading, re-transmission, or other copying or modification of trade-marks, trade-names or the content of the WEBSITE is strictly forbidden and may be a violation of any federal, provincial or other law that may apply to trade-marks and/or copyrights and give rise to legal action.
11. Collection and Use of Information
We do not collect, use or disclose personal information.
The WEBSITE will send statistical information to us relating to your use of the WEBSITE. We use a third party service provider to collect statistical information about your usage of the WEBSITE and will use it to measure its functionalities and create improvements.
12. Modification and Termination
You understand, acknowledge and agree that we may in our sole discretion, at any time:
- modify any part of the WEBSITE and/or change any term or condition in these Terms by posting the modified Terms on our WEBSITE (available at http://roidelamontagne.ca/) at the time of such modification or change, your continued use of the WEBSITE after modified Terms are posted being your acceptance of such modified Terms; or
- discontinue or terminate the WEBSITE in part or in its entirety with notice on our WEBSITE at the time of such discontinuance or termination.
You agree that we, in our sole discretion, for any or no reason, and without penalty, may terminate your license granted under these Terms at any time. You agree that any termination of your access to the WEBSITE or any account you may have or portion thereof may be effected without prior notice, and you agree that we will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.
13. Interpretation and Jurisdiction
When it is appropriate for the interpretation of the text, a word used in the masculine gender includes the feminine gender and vice versa.
If any provision of the Terms, in whole or in part, is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the provisions and shall not affect the validity and enforceability of any remaining provisions of the Terms.
Your use of this WEBSITE is subject to all applicable laws and regulations. This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein.
Any and all claims arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the Province of Quebec, including the Federal Court of Canada, as the case may be.