GENERAL ACCESS AND USAGE CONDITIONS
1. General provisions
Just Ride Along Motorcycle App, along with the Just Ride Along ® registered trade mark, and the www.justridealong.com website, are exclusively owned by the company JRA Aplicativos e Softwares Ltda ME with its registered office at Rua dos Tupis, 1252, Barro Preto. CEP: 30190-062 | BH – MG | Brazil.
The registration and use of the Just Ride Along ® app confers the status of user and entails acceptance in full of these General Access and Usage Conditions, and as such any natural and/or legal persons who/which access the www.justridealong.com website, and any natural and/or legal persons who/which use the Just Ride Along application, undertake to abide by them and comply with them under their exclusive responsibility.
Any User who does not accept these GC, and/or who does not agree with any of the conditions contained herein, may not use the Just Ride Along application or the www.justridealong.com website.
2. Acceptance of these General Access and Usage Conditions
The General Access and Usage Conditions are compulsory and binding; any User who does not accept these conditions and/or any amendments hereto must refrain from accessing or using the www.justridealong.com website and the Just Ride Along application.
Thus the status of User necessarily entails prior acceptance of and adherence to these General Access and Usage Conditions and/or any amendments hereto in full and without reservations.
In order to ensure the optimum effectiveness of the Just Ride Along application, Just Ride Along may deny or restrict access to any Users who do not respect these General Access and Usage Conditions, without any need for prior notice.
Just Ride Along may alter and/or amend these General Access and Usage Conditions at its sole discretion, at any time and without prior warning, where it should consider this to be appropriate or necessary in order to optimize and/or adjust the regulation of access to the www.justridealong.com website and the use of the Just Ride Along application, and publication of this in the General Conditions section of the website www.justridealong.com shall be sufficient for this purpose. However, and without prejudice to the foregoing, Users may be given additional notice of this by e-mail, at the discretion of Just Ride Along. Users shall be deemed to have accepted the alterations and/or amendments by continuing to use the www.justridealong.com website and/or the Just Ride Along application.
In addition to these General Access and Usage Conditions, access to and use of the software application shall also require compliance with the Privacy and Data Protection Policy which may be found on the www.justridealong.com website.
Any User who does not agree to these General Access and Usage Conditions and/or the Privacy and Data Protection Policy must immediately cease using the Just Ride Along application and the www.justridealong.com website.
Any conditions that are altered and/or amended shall take effect as from the immediate moment of their publication on the www.justridealong.com website.
4. Just Ride Along application services
The Just Ride Along Motorcycle application is a social application aimed at motorcycling fans and enthusiasts, and it allows registered Users to connect in a sync relationship with other registered Users, with moderated acceptance. Use a chat service amongst connected Users, both individually and/or jointly (both private and public – in this case the User will be required to expressly authorize Just Ride Along to share his/her data, and in particular his/her mobile telephone, with all registered Users), share their status, share routes, post photographs, etc., with everything that this entails, in order to be able to share knowledge on their interest in motorcycling, and routes related to the sector.
Users accept that the Just Ride Along application offers a service that is evolving, and as such Just Ride Along may require Users to accept updates to the Just Ride Along Motorcycle application service installed on their electronic devices, without any need for prior notice.
5. Registration of Users in order to access the Just Ride Along Motorcycle application:
Users may access the Just Ride Along application services by registering by e-mail, in which they will have to fill out a form with the data required by Just Ride Along. Once they have registered, they will be entitled to use the Just Ride Along Motocycle application, provided that they abide by these General Access and Usage Conditions.
Users accept that their name and profile photograph will be publicly available, and that search engines may index their name and profile photograph.
Users must provide their e-mail in order to register, and they will be asked to select a password. Users may not share their account or their access information, or allow anyone else to access their account, and they may not perform any other activity that may jeopardize the security of their account.
Should a User become aware of any lapse in security, this must be notified to Just Ride Along immediately.
Users are solely responsible for maintaining the confidentiality of the access information for their account, with everything that this entails. (By way of example, they shall be solely and exclusively responsible for all purchases that may be made through their account).
Just Ride Along reserves the right to be able to eliminate User names, especially where the User name may infringe any third-party rights.
Users acknowledge and accept that all rights inherent to their account are owned exclusively by Just Ride Along. Just Ride Along reserves the right to eliminate and/or close any account that remains inactive for a period of 185 days.
6. Conditions governing the use of the application by Users
Users must use appropriate language, and be courteous towards other Users, whether natural and/or legal persons.
Users are solely and exclusively responsible for all contents of any kind published and generated through the Just Ride Along application, and in particular for any text, opinions, videos and photographs of any kind. As a result, Users shall be solely responsible for any consequences that may derive from their publications and the contents thereof.
Users are expressly prohibited from engaging in the following conduct, described below for the purpose of example and not limitation:
- Setting up false identities, acting on behalf of third parties without sufficient powers or authority for this purpose, and/or impersonating the identity of someone else.
- Introducing false data. As such, User are required to ensure the truth and accuracy of the data supplied, and undertake to keep them up to date at all times. In the event users should detect an anomaly concerning the use of the said data, they must notify Just Ride Along ® of this fact so that the said data may be amended or cancelled.
- Posting items that are unlawful, or contrary to public order, morality, or good practice.
- Infringing the rights of third parties, and in particular, industrial and intellectual property rights.
- Telling lies, falsifying documents, signatures, breaking the applicable laws, regulations, and/or rules.
- Registering on and using the Just Ride Along application without having legal capacity to do so.
- Not abiding by the rules and processes laid down for accessing and using the Just Ride Along application, using methods that may damage the application and/or the systems of third parties.
- Using the Just Ride Along application for purposes other than those for which it is intended.
- Sending out promotional messages, chain letters, and/or mass advertising, both through the profiles and by way of private messages, unless the addressee has given his/her express consent.
- Posting generic comments which may be a nuisance for other Users.
- Users undertake not to upload, publish, transmit, share, store, or disclose any kind of third-party personal data, such as (for example) addresses, telephone numbers, e-mails, or credit-card numbers.
- Advertising content that has not been expressly approved by Just Ride Along is prohibited, along with covert advertising such as opinions or SPAM.
- Publishing any information that is abusive, threatening, obscene, defamatory, slanderous, racial, sexual, religious, or in any other way unpleasant or offensive.
- Pornography is prohibited along with any unpleasant or offensive content. Likewise, publishing any information containing nudity, excessive violence, or an offensive subject is prohibited, as well as publishing any link leading to such content.
- Attempting to bully, bullying, abusing, or harming, inciting bullying, or abusing or harming any other person (natural or legal) and/or group.
- Creating an account with another identity, where this has previously been eliminated by Just Ride Along.
- Using the account for exclusively commercial purposes.
- Using the Just Ride Along application to distribute any material or information that infringes copyright, registered trade marks, patents, commercial secrets, the right to privacy, publicity rights, or any other rights held by any person or entity, or passing oneself off as another person (including the employees of Just Ride Along).
- Initiating, assisting, or participating in any kind of attack on the Just Ride Along application and/or the www.justridealong.com website, for example: the distribution of viruses, access-denial attacks, attempts to interrupt the Just Ride Along application service.
Applying reverse engineering, deconstructing, decoding, or any other attempt at obtaining the source code.
- Using the Just Ride Along application to distribute information and/or trading in materials and/or products and/or services that are unlawful, injurious, defamatory, harmful, vulgar, obscene, or objectionable in any other way. Users furthermore agree not to transmit any materials or offer any services and/or products of any kind that incite conduct that could amount to a criminal offence.
Users undertake to use any information to which they have access confidentially and exclusively for the purpose deriving from access and use of the Just Ride Along application, or to which they have access as a consequence of use of the said information.
Just Ride Along reserves the right to edit, amend, or delete any content that does not comply with the General Access and Usage Conditions, and in accordance with its own judgment it may proceed to expel the User directly, and put an end to his/her access to the Just Ride Along application, immediately and without any need for prior notice, where the conduct of the User is not in compliance with these General Access and Usage Conditions.
As such, the publication of material containing software viruses that are harmful to computer equipment may lead to the cancellation by Just Ride Along of the User’s account, unilaterally and without prior notice.
7. The contents
Through the chatroom service offered by the Just Ride Along application, in which different Users can exchange messages, photographs, videos, images, comments and/or observations of any kind, Just Ride Along accepts no responsibility for any content posted in any chatroom.
Users, their statuses and comments do not necessarily represent the opinions and/or points of view of Just Ride Along. Just Ride Along offers no warranty as to the validity, accuracy, and/or legal status of any User, nor the status that may be shown in the chatrooms and/or status.
Just Ride Along is unable to control the content or the status of the chatrooms, and as such if User do not want third parties to use their ideas, comments, and/or information, or wish to keep them confidential, it is recommended that these are not published through the Just Ride Along application service. Just Ride Along shall under no circumstances accept responsibility for misuse by Users, or for the undue appropriation of the contents of the chatroom by other Users and/or third parties.
Users are solely responsible for the information they publish on, or through, the Just Ride Along application, and for the information supplied to third parties. Just Ride Along shall not be responsible for any information, opinions, or concepts issued, published, or distributed through the application or through any other interconnected website accessed from Just Ride along ® by way of links, or any linked or related services on the said interconnected website.
Just Ride Along shall not be responsible under any circumstances for any content, information, and/or images that are not dependent on the www.justridealong.com website, or for those that are not managed by Just Ride Along, or for any losses that may derive from knowledge by unauthorized third parties of User data and the use they make of the www.justridealong.com website through these data, without prejudice to the provisions of the pertinent regulations. The Just Ride Along application is merely an application which acts as a repository for data.
Users expressly agree to hold Just Ride Along harmless, along with all its employees, in respect of any claim, loss, undischarged duty, that may arise from: (i) use of the Just Ride Along application, and/or access to the Just Ride Along web service, (ii) the breach of any provision of these General Access and Usage Conditions, (iii) the breach of any third-party right, including, not for the purpose of limitation, copyright, ownership rights, or right to privacy, and/or (iv) any claim for losses caused to third parties.
Likewise, Users are responsible for any disputes that may arise between Users as a result of slander, insults, or any other circumstances giving rise to a dispute between them.
8. Industrial and intellectual property
The content forming part of the www.justridealong.com website and the Just Ride Along application and disseminated through them is the property of Just Ride Along and its authors, and is protected by law nº 9.610, of February 19th, 1998 and all other regulations in force in Brazil in relation to these matters.
Users expressly acknowledge, for all pertinent effects, that the brands, signs, images, designs, logos, elements, and contents contained on the Just Ride Along application and the www.justridealong.com website, which are the property of Just Ride Along, are subject to industrial and intellectual property rights, and belong to Just Ride Along on an exclusive basis, and as such Users are not conferred any rights over them.
The use of any Just Ride Along ® element subject to protection under the legislation in force governing industrial property without prior consent is expressly prohibited. In particular, the trade marks, trade names, establishment nameplates, brand names, logos, slogans, or any other distinctive sign belonging to Just Ride Along ® is prohibited.
As a result, and merely for the purpose of example and not limitation, Users shall not be able to: use, reproduce, transform, alter, distribute, copy, exploit, publicly communicate, or in any way or form employ the elements and contents indicated in the foregoing paragraph, unless Just Ride Along has given its express written consent.
Authorization from the Administrator must be sought in order to reproduce the said material, with regard to the trade marks, logos, or any other distinctive signs of the application.
With regard to Users, they are the owners of their comments, assessments, shared files, and contributions. However, Users assign the rights to Just Ride Along ® for their correct use within the scope of the functioning of the application, and for activities that assist in spreading the application.
Users undertake not to submit material for which the copyright rests with a third party. Users shall be liable for any claims by third parties in connection with industrial and intellectual property rights and/or patents, trade marks, and distinctive signs that may arise deriving from the content they publish and share on the Just Ride Along ® application, and shall be liable in full for any losses, and even legal costs that may be incurred by Just Ride Along and/or its employees.
The intellectual property rights of the content that Users publish on Just Ride Along ®, be they videos, photographs, texts, or anything else, shall always pertain to their authors. Without prejudice to the foregoing, by way of this clause users assign to Just Ride Along ®, on a non-exclusive basis, and for the maximum time allowed by the Intellectual Property Act, and with territorial scope covering the whole world, the exploitation rights that attach to the contents published, and in particular the rights covering reproduction, public communication, and making available to the public via the internet, transformation, in particular for the purpose of translating texts into other languages, and distribution, for photographs, texts, videos, or any other content subject to protection, in accordance with the legislation in force governing intellectual property, for the sole purpose of being displayed and communicated to this website or any other company website.
The image rights over the photographs and videos published by users on Just Ride Along ® are expressly assigned on a non-exclusive basis to Just Ride Along, for the sole purpose of displaying the said images by way of the www.justridealong.com website, always within the subject-matter and in accordance with the content and purpose of Just Ride Along ®, or for advertising and/or promotional purposes for the said website.
9. Reservation of rights
The Administrator reserves the right to refuse the service or cancel the registration of any users who do not abide by these conditions, as well as to remove content, without prior notice, where it contravenes the conditions set forth in this document.
Likewise, Just Ride Along reserves all actions that may be available in law for any infringements that users may commit. Likewise it shall use all legal means available in order to recoup any losses in accordance with the legislation in force.
10. Advertising and third-party links
The www.justridealong.com website and/or its Just Ride Along application may feature third-party advertisements presented by Just Ride Along.
Likewise, Just Ride Along may provide links to third-party websites and/or suppliers that may invite Users to participate in promotional offers. Any expenses incurred and/or duties acquired by Users in their relations with third parties shall be their own sole and exclusive responsibility.
The administrator shall not accept any responsibility for content appearing on the banners, buttons, and/or any other third-party advertising elements included.
Just Ride Along offers no warranties with regard to any content, goods, services, and/or products offered by third parties, even if they are linked to the service offered with Just Ride Along. Under no circumstances shall Just Ride Along be liable for any claims by Users in connection with the services, products, and/or goods offered by third parties. Linked websites are not under the control of Just Ride Along, and as such Just Ride Along is not responsible for their business practices concerning contents, and/or for their policies, or for the compilation, use, or disclosure of any information that the third parties may collect. In addition, the inclusion of the link does not in any way imply that Just Ride Along acknowledges the said linked websites.
Users agree to compensate and reimburse Just Ride Along, along with its employees, for any losses, claims, and/or possible liabilities that may arise from the misuse of the Just Ride Along application.
In contrast, Users may not assign and/or delegate the rights they acquire by way of this agreement, without the prior written consent of Just Ride Along.
13. Miscellaneous provisions
- Nullity: Should any clause or condition contained in these General Access and Usage Conditions be held to be void or unenforceable, in whole or in part, by any court, the remaining provisions shall continue to be fully effective.
- No waiver: Where one party should not require the performance of any of its rights as stipulated in these General Access and Usage Conditions, this shall not be deemed to be a waiver of the said rights in the future.
- Relationship between the parties: Access and use of the application and the relationship between the parties shall under no circumstances constitute a company, joint venture, agency, or employment contract between the parties.
- Headings: The headings of the various clauses are merely for information, and do not affect, qualify, or extend the interpretation of this Agreement.
- Force majeure: Just Ride Along shall not be responsible for any delays or failures occurring in the access, functioning, and/or operation of the application, or for any interruptions, suspensions, or poor performance thereof, where these are the result of breakdowns caused by natural disasters such as earthquakes, floods, and any situation of force majeure, or situations of extreme urgency such as wars, strikes, lock-outs, or any other unexpected situations or force majeure.
Should you have any questions or queries regarding access to and use of the Just Ride Along application or concerning these General Access and Usage Conditions, you can send an e-mail with your question and contact details to the following address: firstname.lastname@example.org
Likewise, you can contact us by addressing your question and contact details to:
JRA Aplicativos e Softwares Ltda ME
Rua dos Tupis, 1252, Barro Preto.
Belo Horizonte – MG
You are informed that all notices between the parties must be in writing.
Without prejudice to this, Just Ride Along may post notices on the home page of the www.justridealong.com website for the purpose of informing Users of any alterations and/or amendments made to the Just Ride Along application. Said notices shall be deemed to be valid and as such to be notices served on the User.
Users expressly authorize Just Ride Along to send them advertising or promotional communications by electronic means in relation to the use of the Just Ride Along application, either directly or through group companies, and Users are entitled to revoke their consent through the same channel.
15. Applicable Law and Jurisdiction
Access and use of the application, as well as the interpretation, compliance with, and enforcement of these General Access and Usage Conditions, shall be governed by the provisions of Brazilian Law. Both Users and Just Ride Along, in express waiver of the protection of any other jurisdiction they may be entitled to appeal court of Belo Horizonte/MG (Brazil).