Welcome to WHIP MTB
about the Whip MTB Service, outlined below. When you create a Whip MTB
account or use Whip MTB, you agree to these terms.
These Rules has been enacted in respect of the law to offer you the best quality service.
0. OUR SERVICE
Our mission is to connect you to the entire world of Mountain biking and bikers. It means, to people, events, content, news, and any information about Mountain biking through playful interfaces and features. The service is available in web and mobile application versions.
1. Basic Terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
Whip MTB is owned and operated by ESPM Group (referred to here as "we," "us" or "our") and these terms set out the rules and obligations between us and you (referred to here as "you," "your" or "yourself") while using this Site. Before any use of it, you have to read it carrefully and agree with it.
You are not entitled to use this Site if you are currently barred from accessing this Site by us or any applicable laws of the country in which you reside or access this Site.
« WHIP MTB» : refer to a services set web plateform and mobile application made to keep them connected to the world of mountain biking and bikers.
« Services » and « Features » : refer to all services, charged of free, accessible by Users, as the « Website »
« Website » : refer to the website WHIP MTB accessible from www.whip-mtb.com and then from mobile application of WHIP MTB.
3. Your Privacy and Information
3.1. Authoritative Statement
WHIP MTB operated by ESPM Group, received the agreement of using personal data from the CNIL Authoritative Statement : PfZ2 1 8 3 9 5 9 N
We do not cross-reference cookies with any other information which may enable you to be identified as an individual except in circumstances where you purchase a product or service directly from us.
3.3. Location services
4. REGISTRATION, Accounts, PASSWORD & SECURITY
In order to access certain features of the Site you may chose to register with us to create an account. You must be 18 years or over to register on this Site. You agree to provide us with true, accurate, current and complete information about yourself as prompted by the registration form. You should then choose a password and an account name. You are entirely responsible for maintaining the confidentiality of your password.
You are entirely responsible for any and all activities that occur under your account. You agree to:
- notify us immediately of any unauthorised use of your account or any other breach of security; and
- exit/log off from your account at the end of each session.
We will not be liable for any loss or damage arising from your failure to comply with this Section 4.
We reserve the right to limit, suspend or terminate your account with us if you:
- provide any information that is untrue, inaccurate, not current or complete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete.
- use multiple logins for the purpose of disrupting the Site or annoying other users.
- Spam or unrespect the Service or other users.
5. AGE OF CONSENT AND Use of the Site by Minors
Protecting the online privacy of children is especially important to us. Except where the Site provides otherwise, children and young people under 18 years are entitled to access the Site and view or download certain Software and Content but we do not permit them to register an account, access certain content without the permission of an adult, or actively participate e.g. upload User Content (as defined below).
We reserve the right to ask for proof of age or eligibility. If we discover or suspect that you do not comply with the age requirements we reserve the right to:
- suspend or terminate your account or access to the Site immediately and without notice; and/or
- disqualify you from any future use of the Site; and/or
- remove your personal information from the Site and our records.
For further information relating to child safety on the Internet and this Site please see our Community Agreement.
6. USER CONTENT SUBMITTED TO THE SITE
You retain all of your ownership rights including intellectual property rights in your User Content. You are required to grant us a limited licence of your rights in the User Content as described in Section 8 below.
You understand and agree that you are solely responsible for your own User Content and the consequences of posting or publishing them. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. As the site is linked to Facebook (As Facebook –Friendly) you agree that you are also solely responsible for the consequences of your WHIP MTB activities that could be published on Facebook, or other social netwoks.
You represent and warrant that:
- you have (and will continue to have during your use of the Site) all necessary licenses, rights, consents, and permissions which are required to enable us to host and display your User Content on the Site;
- the User Content you upload and post is original to you and does not infringe any proprietary right, including intellectual property rights, or any other rights (including rights arising in contract(s), confidence, privacy or rights of publicity) of any other person or entity;
- the User Content you upload and post is free of any harmful software (including but not limited to malware, viruses, trojan horses, worms etc.) which could impair, disrupt or otherwise disable the Site;
- all individuals featured in any audio/visual User Content you are uploading or posting are all over 18 years of age; and
- nothing in your User Content constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, national or foreign law.
You agree that by posting User Content, you are warranting to us that you have the relevant licence, permissions and/or authority to do so. If at any point you no longer have that licence, permission and/or authority, you will remove the User Content from our Site immediately.
Where User Content is to be used in a different way (e.g. we are asking to own your User Content) this will be made clear on the Site and you will then be able to choose whether to provide your User Content on that basis.
7. RIGHTS YOU LICENSE TO US
When you upload or post User Content on the Site you grant:
- to us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, transferable licence to use, reproduce, edit, alter, store, re-format, sell, sub-licence, distribute/broadcast (by any means now or hereafter developed), make derivative works or podcasts, display, and perform that User Content in connection with the Site or in public, any of our TV channels, mobile technologies and otherwise in connection with our business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels; and
All rights, including intellectual property rights, in your User Content will remain with you and the license granted by you above is not exclusive, so you can continue to use the User Content in any way you see fit including allowing others to use it.
The above licenses granted by you terminates when you remove or delete any audio/video User Content from the Site. The above licenses granted by you in any textual components of your User Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights.
8. Links and contents from Third Party Sites
8.1. BAsic Terms
Our Site may contain links or references to websites, resources, advertisements or sponsorships maintained and owned by others, including but not limited to any site owned or operated by Third Party Site (Not owned or edited by ESPM Group).
We have not reviewed all of the Third Party Sites and are not responsible for:
- the contents of or any advertising, products or services offered on Third Party Sites; or
- any dealings or disputes that you may have in relation to Third Party Sites.
We do not endorse or recommend any Third Party Site.
8.2. Incoming Feeds
WHIP MTB highlight RSS feeds, and social network feeds freely and deliberately accessible from anyone on Internet.
All Feeds are property of Third Party Sites or Third party owners. We don’t own and we are not responsible of this content. We don’t edit it. We share it as public content deliberately accessible from anyone on Internet.
9. COPYRIGHT, CONTENT, SITE MARKS & SOFTWARE
The Site contains:
- content including without limitation, text, posts, images, graphics, audio and/or video files;
- software including any files and/or images incorporated in or generated by the software, and data accompanying the software ("Software"); and
- the names, images, trademarks and logos identifying us, our channels, ours features, our products or services, our parent, associated and affiliated companies or third parties and their products and services (“Site Marks”); all of which are owned, operated, licensed or controlled by us and/or by our parent, associated and affiliated companies (individually and collectively the "Content(s)"). All Content is protected by copyright, trade marks, design rights, patents and other proprietary rights, including intellectual property rights (registered and unregistered).
All Content shall not be copied, sold, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way or decompiled, reverse- engineered or disassembled in any way without our express prior written consent.
10. Purchasing Products from Third Party Sites
You may be able to purchase products and/or services from Third Party Sites. All such sales shall be governed by such third parties and we shall not be responsible or accept liability for such sale or any part thereof. Should your have any complaints, problems or wish to leave feedback on any product or service purchased from a third party site, you must contact the relevant third party directly.
11. THIRD PARTY APPLICATION PROGRAMME INTERFACE (“APIs”)
12. POP UPS
You may occasionally receive pop-ups when using our Site. Pop-up boxes from us will be clearly marked. You might also receive pop-up boxes from other companies. You may also receive pop-up ads from third parties. Pop ups may appear due to:
- sponsorship or marketing initiatives that we may be running; or
- software you have installed, deliberately or unknowingly, on your computer.
We do not endorse any third party website, product or service which may appear in any pop-ups which do not come from us directly.
13. Inbox MESSAGE and features
Inbox Message communications will be in the public domain and are not confidential. It is a condition of your use of the Inbox message that you comply with our Community Agreement.
14. Promotional campaigns
15. TERMINATION AND SUSPENSION
This agreement is effective until terminated by us or you.
You may terminate your relationship with us at any time in your sole discretion, for any reason, by:
- removing or deleting all User Content you have submitted to us (other than text and comments);
- Contacting us to desabled or delete your account.
We may terminate or suspend our relationship with you at any time at our sole discretion without prior notice or liability to you if:
- we are required to do so by law; or
- we modify, suspend or discontinue the Site or any part of it (including the availability of any features or pages on the Site).
16. DISCLAIMER, LIMITATION OF LIABILITY & INDEMNITY
The Site, Content, User Content, information, images, logos, Software, Site Logos, text, graphics and products and services offered by us, our parent, associated and affiliated companies or undertakings, are provided ’as if’ and on an ‘as available’ basis without any representation, endorsement or warranty of any kind whatsoever, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and/or accuracy.
You acknowledge that the Site is provided over the Internet and so the quality and availability of the Site and interactive portions of the Site may be affected by factors that are outside our reasonable control. We make no guarantees that the Site will be available, uninterrupted or error free, or that defects will be corrected, or that the Site or the server that makes it available are free of malware, bugs and/or viruses.
Except as required by law, we or our parent, associated and affiliated companies or undertakings will not be responsible or liable for any loss or damage caused by:
- interruption or delay to the Site or errors, viruses, malware or bugs contained on the Site;
- any incompatibility of the Site with any other software or material on your equipment;
- any unauthorised or unlawful use of the Site; (e) any use, software, content or service on any Third Party Site;
- any damage, loss or corruption of any User Content, data, information or material;
- any problems or technical malfunction of any ISP, telephone network or lines, computer online systems, servers, computer equipment and/or software;
- any monetary loss or for any indirect, special, incidental, consequential or other economic damages or loss, arising out of or in connection with the use of the Site; or
- any other factor that is outside our reasonable control or any combination thereof. These exclusions do not apply to death or personal injury caused by our negligence and only apply to the extent permitted by law. This does not affect any of your statutory rights.
You agree to indemnify, defend, secure and hold harmless and keep us, our subsidiaries, licensors and affiliates and their respective directors, officers, agents, employees and representatives the same from and against all costs (including reasonable legal costs), claims, loss, damage or proceedings incurred by or arising to us by reason of:
- any infringement of the proprietary rights, including intellectual property rights, or any other rights (including rights arising in contract(s), confidence, privacy or rights of publicity) of any other person or entity or any other third party claims, losses, damages or proceedings arising out of our use of any of your User Content on the Site.
If you are experiencing difficulties accessing links, Content or User Content on our Site, or have trouble using our Site with certain web browsers or software, or if you want to let us know how we can improve Site accessibility, please let us know. We appreciate any suggestions that will help us to improve our Site. (At firstname.lastname@example.org)
18. OTHER USER CONTENT & COMPLAINTS PROCESS
If you become aware of any misuse of the Site or wish to complain about any User Content or material on the Site or believe any of your rights have been violated (e.g. your copyright infringed or you have been defamed etc.) you can notify us at email@example.com This is the quickest way to contact us.
19. Governing Law and Disputes
www.whip-mtb.com and Whip MTB App branded WHIP MTB is owned by ESPM Group ‘Europe’ (registered as 821 102 647 RCS Annecy)
You can contact us through Whipmtb@espm.group
PRIVACY and DATA POLICY
1. General Information
We will use any personal information collected from our Site in accordance with all laws and regulations relating to the protection of personal (GPRD)
2. Type of Information We Collect
2.1. Information Provided Directly by You
When you register an account you agree to participate in or receive a service from our Site, such as push notifications, newsletters, Events, chats, inbox messages or post User Content (or from any features), we ask for personal information about you. This can consist of a combination of information such as your name, email address, postal address, telephone or mobile number or date of birth. By consenting to enter your details in the fields requested, you enable us to provide you with selected services.
We will not disclose information provided directly by you to unrelated third parties or use the information in any other way without your prior consent.
2.2. Information on How You Use Our Site
When you access our Site we will collect limited information about how you use the Site including details of your domain name and Internet Protocol (IP) address, operating system, browser version, cookie details, how long you stayed on a page, the route you took to navigate through the pages and the website that you visited prior to accessing our site. These forms of information are automatically logged by our web server and are used by us and selected partners to analyse general activity on our Site. This information is not cross-referenced with any other information which may enable you to be identified as an individual.
We collect information to improve our service and provide you with the best experience we could.
We do not cross-reference cookies with any other information which may enable you to be identified as an individual except in circumstances where you purchase a product or service directly from us.
2.4. Location services
3. How We Use Your Information
3.1. Managing and Optimising Our Site
We contract with a limited amount of online partners to assist us in managing and optimising our Site. In helping us conduct market research and measure the effectiveness of our Site we use web beacons and cookies to collect information. This information helps us learn how you and other users are accessing our site, which advertising or areas of the Site are popular and how many users are responding to competitions and marketing initiatives. Although our selected online partners log the information coming from our Site on our behalf, we control how that data may and may not be used. The information provided by us to our selected online partners is anonymous. This information is not cross-referenced with any other information which may enable you to be identified as an individual by any of our selected online partners.
3.2. Facilitating Your Use of the Site
We will use certain information we have collected from you or you have provided to us to help you access particular areas of the Site (Inbox message, geolocated features, to upload User Content etc.) and to administer features.
3.3. Select Marketing by Us
In order for us to personalise your use of the Site, we may use some portions of the information we have collected from you or you have provided to us. Please note that we do not advocate junk mail and you may chose to stop marketing emails from us at any time by contacting us at firstname.lastname@example.org
3.4. Third Party Advertising
We may use a selected partner to manage our third party advertisements on the Site. Our partners may personalise what ads you see based on your use of this Site and other websites. This information is anonymous in that it does not include your name, street address, email address or telephone number. In order to do this, our partner may need to place a cookie on your computer. The majority of web browser software automatically accepts cookies but you can manually enable, disable or limit cookies on your computer directly. Please note that disabling cookies from your web browser may limit our ability to personalise your use of the Site.
3.5. Responding to Feedback and Requests
If you ask us any questions or provide us with feedback, we will use your information to identify you in order for us to respond appropriately.
4. Retention of Information
We will retain the information that identifies you as an individual for as long as we need to fulfil the required purpose. When you register for an account on the Site we will keep your personnal information for as long as your account is active. If you chose to deactivate your account with us we will delete all your personal information that we possess as soon as possible. This affects only personal information. You can also ask us to delete or bring back all your personal information by sending us a request at email@example.com.
We operate a secured server on our Site and offer your information the same level of online protection as our own information. We will never ask you for account passwords in an unsolicited phone call or unsolicited email. You are responsible for keeping your password secure and you should not disclose them to anyone.
6. If You Are Under 18
If you are aged 18 or under you are not permitted to register on this Site or provide us with any personal information. You are otherwise entitled to use the Site with the permission of your parent or guardian.
7. Your Rights
You have the right to access your information held by us and, where necessary, to have it amended, deleted, downloaded by yourself. You can also request not to receive marketing information from us. For more details, please contact: firstname.lastname@example.org
8. Chatroom, Forums, Clubs, Spots mapping, Events, Comments, posts, features and User Content
We remind you that chat rooms, Spots, events, features, User content post, comments and areas of our Site that allow you to submit User Content on our Sites are for public viewing and discussion. Any personal information supplied by you in the public areas of the Site is widely accessible. We are not responsible for the information or content posted by you on the Site.
9. Links to other websites
10. Changes to our privacy statement
1. About Our Community Agreement
We are committed to provide our users with exciting features and community to communicate with each other, share ideas, comments, and upload User Content. However, we want all our users to feel safe and secure whilst using our Site. These Community Agreement set out the rules and code of conduct we expect each user to adhere to in order to help us develop an online tchat, sharing, and community on our Site which all users may enjoy.
If we believe, at our sole discretion, that a user's behaviour is likely to cause offence or harm to other users or us, or is otherwise unacceptable, we may issue that user with a warning, disable their registration and/or terminate or otherwise restrict their access to and use of this Site. In addition, we may need to remove any User Content which they have uploaded or posted up on the Site.
We are not responsible or liable for the conduct of any person who uses our Site or for any loss or damage suffered as a result of the use of our Site.
We ask that in using this site you show respect for other users and the property of others.
2. features and Site - The DO’s and Don’ts
• Do welcome new members.
• Do help others. We're a community and it works best when members help each other out.
• Do behave in a respectful manner to all other users.
• Do realise that young people could use the Site. Please be mindful, considerate and respectful toward children or young people who may access areas of the Site with their parent or guardian.
• Do remember your online manners. Please refrain from posting in capital letters and adding excessive empty space between your words and sentences.
• Do upload User Content which is an original work created by you.
• Do keep you password and access details secret.
• Do express yourself. Share your thoughts, opinions and stories.
• Do make the most of our Site.
• Don't accuse other users of members of "stealing" or "scamming". If you have a suspicion, email us at email@example.com and we will look into it for you.
• Don't post anything racist, abusive, obscene, bullying, harassing, demeaning, defamatory, pornographic, intimidating or threatening messages on the news feed, inbox message, features or Site.
• Don’t stalk or violate the rights of others including individuals' privacy rights.
• Don't post on behalf of a deleted or barred user or register as or on behalf of anyone else, impersonate anyone else, seek to take on a false identity or misrepresent yourself, your identity or your age.
• Don't flood user’s inboxs or use our Site to send any chain letters, junk mail, 'spamming' material or any other form of bulk communication.
• Don’t restrict or inhibit any other user from using and enjoying all features or Site.
• Don’t share any information which is confidential to any other person.
• Don’t obtain or attempt to obtain unauthorised access to the site, any part of it or any private or user account areas.
• Don’t obtain or seek to obtain personal information, confidential information or passwords from any other person.
• Don’t post or make available any financial information (such as account, credit or debit card details) or information which identifies an individual personally or is capable of identifying an individual personally (such as names, phone numbers, email addresses or postal addresses)
• Don’t circumvent or attempt to circumvent any filters we may use on our Site.
• Don’t do anything which will or might damage, interfere with, disrupt access to, overburden, interrupt or impair the functionality of our Site, the Content, the User Content or any other material available on our Site.
• Don’t Spam or post the same content many times.
3. IF YOU ARE UNDER 18
You are not permitted to register on the Site. Never reveal any personal information about yourself or anyone else (for example, school, telephone number, your full name, teachers’ names, parents’ or guardians’ names, home address or email address).
Never agree to meet anyone you have "met" online.
Never send your picture over the Internet without checking with your parents, guardians or another adult first. Don't answer mean or rude messages or messages asking for personal information. If you do receive a message like that, tell your parents, guardian or another adult you trust immediately.
The WHIP MTB TEAM
WHIP MTB is operated and owner by SAS ESPM group ‘Europe’ based at Route de
Cran Gevrier, ZA Altais, 74650 Chavanod, France. Capital 1100€. RCS Annecy.
Contact : firstname.lastname@example.org.
Publishing director: Simon Cardon.
Hosting provider: OVH SAS
What is Whip MTB
Whip MTB is a new concept of social media, designed to help connect the MTB community and give users easy access to much more bike related content. Unlike other social media apps, which are full of different types of content and limit its reach, Whip MTB is only made for mountain biking. So everyone can enjoy a great MTB video without having to sift though countless other content first.
With this in mind we would like to explain to you how content is gathered on the app and how that Whip MTB could be a great opportunity for you also.
What content do we share
The “News” section of Whip MTB works as any other aggregator online - Google News, Feedly, etc and only every shares content that publishers have made available to other online users, to help drive traffic back to their websites. Whip MTB does not host, scrap, duplicate, scan, store on servers, steal or rewrite any of the content that it shares from other websites.
Content that is shared on Whip MTB comes from sources such as RSS feeds – designed for news aggregators. And social networks and media platforms like Facebook and YouTube – where the publisher agrees in the terms and conditions to grant access to all users of the platform to share their content. This is far away from being a new practise in the digital world and social media networks.
All video views count towards the relevant platform view number, just like any other embedded video link. We also do not have any control over the displaying, or not displaying of adverts, from YouTube for example. So Owners have authorised YouTube to run adverts on your videos, then they could also run on Whip MTB too when someone watches their video.
In terms of articles, we direct all traffic back to the publishers website. We only every publish what is displayed on Publishers’ RSS feed inside the app, which is content that Publishers have agreed to be shareable by other using RSS technology. The “view full article” button directs users back to the source website (whatever the kind of content).
Whip MTB is not just an aggregator of online content though. There is also a larger user-generated content section on the social network, the “stories” section. Users are free to upload their own videos, photos and even make their own articles too. And just like any other social media platform, they can also paste links from other websites they wish to share. Some WHIP MTB Contributor can also share content inside the “News” section.
How do we work and gather new partners.
As we said before, Whip MTB has been made to positively change the way that MTB fans, brands, resorts and publishers. There are many riders and publishers out there making great content that everyone loves to read or watch. Other social media networks dilute this with other content and/or adverts. Whip MTB is designed to do the opposite, our goal is to highlight this content and at the same time drive traffic (or views) back to the creators.
We offer all publishers who get in touch with us a partnership opportunity, a way to bring in some extra revenue that would not interfere with any deals that they already have in place. If they agreed to allow us to run adverts on contented we share from their website then we will give them 50% of the commission on adverts sales. Please note, Whip MTB would never run adverts on content pages shared from publishers, unless permission is granted.
We hope this clears up any concerns you may have had about Whip MTB and we hope that you can see that this app is made to drive traffic back to websites and promote publishers’ contents.
Of course, if any publishers do not want Whip MTB to directly share their content then we will remove their feed. However, please understand that any Whip MTB users could still share a link to a publishers’ content within the app, legally, if they follow the terms and conditions correctly from host sites.