Terms & Conditions

Terms and Conditions

 

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and agree that you are responsible for compliance with any applicable local laws and regulations. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. The materials contained on this website are protected by applicable copyright and trade mark law.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to Ridethepen.com’s use of cookies in accordance with the terms of Ridethepen.com’s privacy policy/cookies policy.

 

License to use website

Unless otherwise stated, ridethepen.com and/or its licensors own the intellectual property rights on the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

Permission is granted to temporarily download and/or print one copy of the materials from ridethepen.com for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you must not:

  1. use any material on this website for any commercial purpose
  2. use any material of this website for any public display
  3. edit or otherwise modify any material on the website
  4. modify or copy any of the materials; or
  5. remove any copyright or other proprietary notations from the materials

You are allowed to republish any of the material of this website that is available free of charge, under the condition that you clearly indicate the authorship of the material, let ridethepen.com know about your republishing, and include a clearly visible link to ridethepen.com. Ridethepen.com reserves the right to withdraw this license at any time. The license shall automatically terminate if you violate any of the restrictions in these terms and conditions or in applicable law and/or regulations. Upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website.

You must not use this website for any purposes related to marketing.

 

Restricted access

If ridethepen.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Ridethepen.com may disable your user ID and password at ridethepen.com’s sole discretion without notice or explanation.

 

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

By submitting user content, you grant ridethepen.com a worldwide, irrevocable, non-exclusive, royalty-free license to reproduce your user content and to comment on it. This license is limited to internet usage on ridethepen.com. As this license is non-exclusive, you retain the right to reproduce your user content anywhere in any form and under any condition that doesn’t negate ridethepen.com’s rights on your user content. You keep the copyright for any user content you submit to this website at all times.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you, ridethepen.com or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Ridethepen.com reserves the right to edit or remove any material submitted to this website, or stored on ridethepen.com servers, or hosted or published upon this website.

Notwithstanding ridethepen.com’s rights under these terms and conditions in relation to user content, ridethepen.com does not guarantee to monitor the submission of such content to, or the publication of such content on, this website and is not responsible for any website content submitted by users and/or third parties.

 

No warranties

The materials on ridethepen.com web site are provided “as is”. Ridethepen.com makes no representations or warranties, expressed or implied, and hereby disclaims and negates all other representations and warrantiesto this website or the information and materials provided on this website, 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, ridethepen.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or of any user content submitted or on any sites linked to this site.

Without prejudice to the generality of the foregoing paragraph, representationsdo not warrant that this website will be constantly available, or available at all; or that the information on this website is complete, true, accurate or non-misleading.

 

Limitations of liability

In no event shall ridethepen.com or its suppliers be liable for any damages (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, use of or inability to use or otherwise in connection with, this website:

  1.   to the extent that the website is provided free-of-charge, for any direct loss;
  2.   for any indirect, special or consequential loss; or
  3.   for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if ridethepen.com has been expressly advised of the potential loss.

Ridethepen.com also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the website or your downloading of any materials, data, text, images, video, or audio from the website.

 

Exceptions

Nothing on this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in these terms and conditions are reasonable.

If you do not think they are reasonable, you must not use this website.

 

Other parties

You agree that the limitations of warranties and liability set out in this website disclaimer will protect ridethepen.com’s employees, subsidiaries, successors, assigns and sub-contractors as well as ridethepen.com.

 

Indemnity

You hereby indemnify ridethepen.com and undertake to keep ridethepen.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ridethepen.com to a third party in settlement of a claim or dispute on the advice of ridethepen.com legal advisers) incurred or suffered by ridethepen.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Breaches of these terms and conditions

Without prejudice to ridethepen.com other rights under these terms and conditions, if you breach these terms and conditions in any way, ridethepen.com may take such action as ridethepen.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

Ridethepen.com reserves the right to revise these terms and conditions for its website 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.

 

Revisions and Errata

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

 

Newsletter

You understand that by entering your name and email address on the entry page that you are subscribing to the free, no obligation Ridethepen.com Newsletter. You may request to be removed from the subscription list at any time.

 

Links

Ridethepen.com has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site or any damage inflicted by it. The inclusion of any link does not imply endorsement of the website by ridethepen.com. Use of any such linked website is at the user’s own risk.

 

Assignment

Ridethepen.com may transfer, sub-contract or otherwise deal with ridethepen.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Entire agreement

These terms and conditions constitute the entire agreement between you and ridethepen.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Austrian law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the Republic of Austria, without regard to its conflict of law provisions or to the country of origin of any party or to any other consideration.

 

IMPRESSUM, ACCORDING TO AUSTRIAN E-COMMERCE LAW:

 

Betreiber der Website:

 

Alexander Limberg

Adolfstorgasse 8

1130 Wien

 

Kontakt: Alex[at]Ridethepen[dot]com

 

 

CREDITS

 

All ideas and concepts (including webdesign, paintings and logo): Alexander Limberg

Web Design by Izudin Mulalic: www.imcreative.at

Header Painting by Peer Galus, www.galuspeer-acrylmalerei.com

Mr. Piggy in Cocktail Glas Painting by Sara Noglik, www.saranoglik.de

Logo by Andreas Aust

 

 

 

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