DMCA

This is the official copyright compliance policy (Copyright Compliance Policy) for all content (Content) on the web site (the Site) of WhichBike.com (WhichBike, we, or our). This Copyright Compliance Policy applies regardless of what type of device any person who opens any page on this Site (You or Your) use to access the Site. This Copyright Compliance Policy sets forth the procedures undertaken by WhichBike to respond to notices of alleged copyright infringement from copyright owners and terminating the accounts of repeat infringers. This Copyright Compliance Policy does not cover any other procedures, for any other purpose, or the procedures of WhichBike or any subsidiaries and affiliates of WhichBike (collectively, Affiliates), or any other company, unless specifically stated.

This Copyright Compliance Policy is a part of the terms and conditions which are set forth in our Terms of Use Agreement. Any terms that are not defined in this Copyright Compliance Policy shall have the meaning given in the Terms of Use Agreement. Both the Terms of Use Agreement and this Copyright Compliance Policy are legally binding on You.

We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur.

Procedures
1. Notice of Alleged Copyright Infringement
1.1 Notice Required
If you are a copyright owner (or the owner's authorized agent) and have a good-faith belief that material on our Web Site infringes one of your copyrights, you may notify us of your belief using this procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.

1.2 Where to Send Notice
Send your notice of infringement to our : Email Address: team @ whichbike.com - DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

1.3 Contents of Notice
Your notice of infringement must be a written communication delivered to the agent designated above which must include substantially the following information: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed. 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Site are covered by a single notification, a representative list of such works on our Site. 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed from, or to which access is to be disabled on, our Site, and information reasonably sufficient to permit the service provider to locate the material. 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

2. Counternotice
2.1 Notice to be Sent to You
If we receive a notice of infringement, we will send a notification to the user who posted the material, at the email address provided by the user in connection with his or her account with us, telling the user that the material was removed or access to it was blocked because of claimed infringement.

2.2 You May Send a Counternotice
If you are a user who posted material that was removed or blocked in response to a notice of infringement and you believe that material was removed due to mistake or misidentification, you may request that we replace the posting by sending us a counternotice to the contact specified in Subsection 1.2 of this Policy.

2.3 Contents of Counternotice
Your counternotice must be a written communication sent and must include substantially the following information: 1. Your physical or electronic signature.. 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. 3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. 4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which we are located, and that the you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

2.4 How We Respond to Your Counternotice
When we receive a counternotice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counternotice to the person who sent the notice of infringement and waiting at least 10 business days. If, during those 10 business days, the person who sent the original notice of infringement notifies us that such person has instituted a suit to seek a court order to restrain the user from infringing activity relating to the material on our Site, we will not replace the material. Otherwise, we may repost the material at our discretion. However, pursuant to the Section of the Terms of Use Agreement entitled *Postings,* we retain the right to remove, block access to, or not restore material at any time for any reason, without any liability to the posting user. In particular, by sending a counternotice to us pursuant to this Copyright Compliance Policy, you expressly acknowledge and agree that we shall not be liable to you under any circumstances for declining to replace material.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

3. Repeat Infringer Policy
We have a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more Postings for which we receive a notice of infringement under this Copyright Compliance Policy. You agree that if your account is terminated pursuant to this Copyright Compliance Policy, you will not attempt to establish a new account under any name, real or assumed, and further agree that if you violate this restriction by opening a new account after being terminated pursuant to this Copyright Compliance Policy, you shall indemnify and hold us harmless for any and all liability that we may incur therefor.

4. Sole Statement
This document is the sole statement of the Copyright Compliance Policy with respect to this Site, and no summary, restatement or other version thereof, or other statement or policy, in any form, including, without limitation, machine-generated, is valid.


Virtual Credit Purchasing Agreement

1. Introduction.
This WhichBike Virtual Credit Purchasing Agreement (Agreement) is between you and gamingovereverything.net (we, us, or our), an Internet web site owned and operated by Gaming Over Everything, LLC and governs your purchase or other acquisition of credits (referred to in this Agreement as WhichBike Credits) for your use in purchasing Content or Services (as those terms are defined below) as set forth in, and subject to, this Agreement. This Agreement describes: (i) how to purchase WhichBike Credits (Section 3), (ii) the price or cost for WhichBike Credits, (iii) the use of WhichBike Credits to Purchase Content on our Web Site, (iv) the price or cost of Content purchased on our Web Site, and (v) other terms and conditions that pertain to any of them.

2. Relationship with Terms of Use
This Agreement supplements the WhichBike Terms of Use. In the event of conflict between specific terms contained in this Agreement and the Terms of Use, the specific terms used in this Agreement shall govern.

3. Purchase and Use of WhichBike Credits

3.1 Limitations
(1) WhichBike Credits may only be purchased by persons who are permitted to do so under the laws of the jurisdiction that may permit, regulate, or authorize the purchase and holding of such credit. (2) WhichBike Credits may only be purchased or acquired directly from us and through means we provide on the applicable web page(s) of our Web Site, or otherwise as we expressly authorize in this Agreement.

3.3 Right to Refuse We reserve the right to refuse your request(s) to purchase and/or acquire WhichBike Credits for any reason.

3.4 Your Account When you purchase WhichBike Credits, they will reside in your credit account with us (Account) until discharged as set forth herein.

3.5 Method of Payment
When purchasing WhichBike Credits, you agree to pay us the WhichBike Credits purchase price then in effect, using a valid charge card issued in your name. WhichBike Credits will be issued in U.S. Dollars.

3.6 Finality
All sales and purchases of WhichBike Credits are final, except as otherwise expressly and specifically stated in this Agreement.

3.7 Corrections
If your Account is charged for items you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a correction, as follows: (1) Any correction request must be received within 96 hours (prevailing U.S. Eastern Time, or standard time at our place of business in any other time zone) from the time of purchase in order for corrections to be issued. Correction requests received by us later than 96 hours from time of purchase will not be honored. (2) Other than charges to your Account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies.

3.8 Charge to Your Credit Card
When submitting information to purchase WhichBike Credits, you agree to our credit card authorization policy, in which we issue a small temporary authorization charge to validate your credit card account. This policy helps protect you against credit card fraud and will not result in a charge to your account, though it may temporarily appear as a pending charge on some bank statements.

3.9 Suspension or Termination of your Account
You understand that we may suspend or terminate your user account or WhichBike Credit Account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid. In such event: (1) You shall immediately remit to us payment for such charge through an alternative payment method; and (2) You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted against your credit card account. You hereby authorize us to re-charge your account for such expenses as well as charges for your purchases.

4. NO MONETARY or PROPERTY VALUE.
You acknowledge and agree that WhichBike Credits has no monetary value and does not constitute money, currency or property of any type under the financial laws of any jurisdiction. WhichBike Credits merely constitute credits that are acquired by you from us, using your credit card or other acceptable means of payment, and are strictly for use on our Web Site and in accordance with this Agreement. Accordingly, WhichBike Credits may be used only to purchase Content from us, and cannot be exchanged with or transferred to any other person, or exchanged for actual money, cash, currency or for any other goods or services. Under no circumstances is WhichBike Credits to be viewed or treated as, or given the same effect as, virtual currencies (also referred to sometimes as altcoins) such as BitCoin, LiteCoin, Peercoin, Freicoin, Ripple, Linden Dollars, or any similar payment mechanism. Transactions using WhichBike Credits are limited strictly to transactions between you and us under the terms and conditions of this Agreement.

5. Purchasing Content from Us
Your WhichBike Credits may only be used for purchasing Content from us, subject to all other terms and conditions of this Agreement, as follows: 5.1 Content Available. We neither guarantee the availability of particular items of Content nor that particular items of Content will be offered for any particular length of time. We may change and update our inventory of Content without notice to you. We may offer Content, and withdraw Content from this Service at any time, from time to time, as we decide in our sole discretion. We reserve the right to change any specifications shown for any Content which shall become effective immediately upon such change.

5.2 Prices for Purchases.
We will determine, in our sole discretion, from time to time, how many WhichBike Credits to charge for any particular Content (Price), and may change that Price at any time, and from time to time, in our discretion. The following specific conditions apply to the Price for purchases of Content from us: (1) Applicable Price. The Price payable by you is the price indicated on the applicable page of our Web Site for these Services as of the time of your purchase. (2) Taxes. If you are resident of any country, state, territory or other jurisdiction that imposes taxes of any kind or nature on purchases of Content (such as value added tax, sales and use taxes, or other), the Price does not include such tax. Therefore, you may be charged an additional amount as required by local laws. We reserve the right to refuse any purchase which may, in our sole discretion, imposes on us an unacceptable burden of compliance with such taxes. (3) Price Changes. We reserve the right to change the Price and specifications shown for any Content which shall become effective immediately upon such change.

5.3 AS IS
As set forth in Section 15 of our Terms of Use, all Content is provided as is.

5.4 Return of Content, Refund, Re-Credit.
Once you purchase Content from us, such Content is not returnable, exchangeable, or refundable for WhichBike Credits or any other virtual currency, or for cash, actual currency, credit, or other goods or services, except as expressly and specifically stated in this Agreement. Once you have purchased Content, the Price paid for that Content will not be returned, refunded or re-credited to your Account. If Content becomes unavailable before it can be provided to you because we have withdrawn it from our Web Site, the Price you paid for your purchase of that Content will be credited back to your Account.

5.5 Age Limit
You may only purchase Content if you are over the age of eighteen meaning you have attained your eighteenth birthday plus one (1) additional day. You may not purchase Content for the use of any person who has not attained his/her eighteenth birthday plus one.

6. Content License
When you acquire Content from us, you receive a limited license (a Content License) to use such Content for your personal non-commercial use. Your License is limited to your use only, and is (i) non-transferable by you to any other person, (ii) revocable by us under the terms of this Agreement. You acknowledge that you do not acquire any ownership or other property rights in or to the Content itself, but merely the License describe in here. More specifically, the following terms and conditions apply to Licenses:

6.1 Scope of License
A Content License is specific to the specific Content to which it attaches, and does not apply to any other Content available on our Web Site. You may purchase all the Content you desire, subject to your WhichBike Credits being sufficient to pay the cost thereof.

6.2 Non-Transferrable
Once you purchase Content, and acquire a Content License for that Content, neither the Content License nor the Content to which it applies may be transferred to another person or account.

6.3 Teams
You may form teams to play in tournaments. In such instances, you will be required to register the members of your team. Once a team is formed, that team acquires a Content License (a team Content License) under these terms and conditions. No team member, however, may transfer his/her team Content License to any other person.

6.4 Cancellation
We may cancel any License that is sold or otherwise transferred in any manner in violation of this Agreement.

6.5 Non-Refundable, Non-Redeemable
Other than as expressly and specifically set forth herein, purchases of Content Licenses are final and non-refundable and you are not entitled to a refund of any unused Content. You are not entitled to a refund or redemption of any part of the Price paid for a Content License, but unused, if we terminate your Account for violating any policy, rule, term or condition contained in this or any other statement of Policy or Agreement on our Web Site.

6.6 Limitation
You acknowledge, understand and agree that: (1) any time the word Content is used by itself in this Agreement, that word means only the Content License described in this Section 6, and (2) any time the word License is used by itself in this Agreement, in the context of purchasing Content, that word means only the Content License described in this Section 7.

6.7 Term of Licenses
The term of your Content License, and your right to use the Content to which it applies, starts when you pay the purchase price for that Content with your WhichBike credits. Your Content License and right to use the related Content, expires the earlier of: (i) the day that your access to our Web Site or your Account is cancelled, suspended or terminated as set forth elsewhere herein or in the WhichBike Terms of Use, or (ii) in the case of a team Content License, when (x) the Content to which it applies is no longer available, or (y) when any member of the team loses her/her access to our Web Site due to cancellation, suspension, or termination of his/her Account as set forth elsewhere herein or in the WhichBike Terms of Use.

7. Cancellation or Suspension
We can cancel or suspend your access to WhichBike Credits, Content, the Services or your Account, in our sole discretion and without prior notice, if, at our sole discretion: (i) you fail to comply with this Agreement or the WhichBike Terms of Use Agreement or any other applicable WhichBike policies or agreements; or (ii) if we otherwise suspect fraud or misuse of WhichBike Credits and/or any Content, or any other unlawful activity associated with any Account of yours or Content License. We have no obligation or responsibility to, and will not reimburse you for, any WhichBike Credits or Content lost due to such cancellation or suspension.

8. Revised Terms.
We may revise this Agreement at any time and the revisions will apply to all subsequent purchases of WhichBike Credits and acquisitions of Content. When we revise this Agreement, we change the *Last Updated* date below and may e-mail you or notify you upon login, at our discretion. Each time you purchase WhichBike Credits you agree that you will review the terms of this Agreement and that you agree to the revised terms. Anytime you purchase WhichBike Credits, or acquire Content, after a revision, the terms of this Agreement as then revised will govern your purchases and acquisitions.

9. Miscellaneous
You agree that:

9.1 Headings
Section and Subsection headings in this Agreement are for convenience, only, and are not part of the contractual terms of this Agreement.

9.2 Jurisdiction
This Agreement is governed by the applicable laws of the United States of America and/or Commonwealth of Pennsylvania.

9.3 Conflicting Terms
If any terms or conditions contained in this Agreement conflict with any terms or conditions of the WhichBike Terms of Use, the specific conflicting provision of this Agreement shall govern, to the extent but only to the extent, to resolve such conflict.

9.4 No Modification of Terms
None of the terms or conditions of this Agreement may be modified, other than by a revision to this Agreement pursuant to Paragraph 8 above. No modification other than a revision to this Agreement pursuant to Paragraph 8 above shall be binding upon us or enforceable against us.

9.5 Our Assignees and/or Successors
We may assign, sell, or otherwise transfer our rights under this Agreement (a Transfer) to any other person (a Successor), in our sole discretion, and at any time we choose. If we make a Transfer, you will continue to be bound by and subject to all of the terms and conditions of this Agreement as are in effect on the date we make such Transfer. We are not required to provide advance notice regarding a Transfer to you, and any notice that a Transfer has taken place will be provided to you by the Successor, at such Successors discretion. Last Updated January 26, 2015.

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