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Terms of Service and Privacy



Introduction

The Rev Counter ("site" or "TRC") is operated by Dragon Tree and it's representatives ("we" or "our") from its offices in England. By accessing or using this site you agree to be legally bound by the following. We may alter these from time to time and post the new version on the site, following which all use of the site will be governed by that version. If you do not wish to be bound by these terms then do not use the site or any services we offer. We and our representatives reserve the right to make any decision that fits the site and its community.

We may assign or sub-contract any or all of our rights and obligations under these Terms and Conditions.

If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from them and shall be deemed to be deleted from them.

These Terms and Conditions and your use of this site are governed by English law and you submit to the non-exclusive jurisdiction of the English court.

We and our representatives disclaim all liability for how you use and interpret any information provided within or via this site. We take no responsibility for the content of any of the messages posted within its domain or of the authenticity of its authors.

This site offers public and moderated services where members can exchange information, seek and offer help with any aspect of biking or simply have fun. Whether you have a question about motorbikes, an important message for humanity or a harmless observation about life, you are welcome to participate. This is a moderated site, in essence this means that within reason you can say whatever you like and express any opinion you like. However, this is a public site and as such abuse of the services offered or its community will not be tolerated.

This site has moderators whose role is to promote responsibility of speech (while preventing personal attacks) and ensure that the security and stability of our network and services. Not everyone draws the line in the same place, therefore where moderators/administrators feel a site activity is outside the bounds of what is deemed acceptable, it will be moderated. The moderators represent the Administrator in all such matters, and their decisions are final.

Both this site and Dragon Tree are managed on a part time basis, this means that we may not be able to immediately act on requests or respond to question. We do however do whatever we can to deal with requests. If you want/need/expect immediate "Customer Service" then TRC is not the place for you.

The Moderator Role & Moderation

The moderators exist to help make all aspects of the site a safe and enjoyable experience for all. This does not mean strong views and controversy are out. This being said offensive, racially abusive or prolonged personal attacks will not be tolerated and will be moderated if reported. These activities get in the way of the discussion, distract everyone and in certain instances are against the law.

One of the central ideas that underlies this sites community is responsibility of speech, not freedom. Due to the anonymous nature of the internet the issue with freedom is that it can too easily tip over into license - the idea that people can do whatever they please regardless of the consequences for others.

One of the reasons this site is so popular is that members feel comfortable enough to express themselves. This is crucial to the ethos of the site. But, as in society as a whole, we have to be safe from violence - even of the verbal kind. As such moderators do not allow personal attacks. You are free to debate vigorously while respecting each others' feelings, and without attacking nationality, belief systems or anything else in a way that is designed to hurt or abuse.

The moderators are not bouncers, they exist to help moderate the tone, lower the temperature, and where appropriate, draw the line. What they do won't please all of the people all of the time, but sadly, that's life. Please do not harass or intentionally annoy the moderators. If they ask you to do something, please do it. If you do not feel comfortable with the moderation system used on this site you can choose to not use it or the services it offers.

The site moderation and administration team cannot monitor every single activity, as such they will typically only react to multiple reports made by members of the site community. It is therefore up to you to report anything you believe falls foul of these terms and conditions.

Content objections

If you object to the publication of any material placed on our site please let us know via one of the following methods:

  • Using the thread/content reporting tool available on most pages.
  • Sending a private message to an Administrator or Moderator.
  • Sending an email to administrator@therevcounter.com

On receipt of your report we will take whatever action we deem appropriate, this is usually via any combination of private infractions/messages, public posting or content deletion. Unless further information is required to deal with your report you will not receive any reply, however the moderation team does review and where necessary acts upon all reports received.

General Rules & Guidelines

  • Any information/links you submit to the site (i.e. posts/threads/avatars/attachments etc) must not be obscene, pornographic, abusive, threatening, offensive, libelous, homophobic, malicious (i.e. links to URLs containing spyware) or defamatory or fall under the banner of piracy.
  • It is strongly recommended that you do not post personal information (i.e. addresses, phone numbers, passwords, personal identification numbers, images) or any other information considered private without the express permission of the individual. You must respect the privacy of other members. Any information you submit to public areas of the site (i.e. forums) immediately becomes available to all internet users. We cannot be held responsible if private information you have submitted to a public areas is used for purposes that you did not intend.
  • When posting copyrighted material, you should always observe all copyright laws. If the material belongs to someone else, you should always seek authority from and where applicable credit the original author. This also extends to anything that is covered by trademark, patent, trade secret or is bound by non disclosure or data protection agreements or effect any other 3rd party rights. If any party queries the copyright status of an item they will be directed to communicate with the submitter.
  • All opinions and views expressed within site are solely those of their respective authors and are not necessarily those of the site or its representatives.
  • Any automated access to any site servers or services must not exceed what a human could normally access in the same period of time, and may not adversely affect site performance. Any automated access that exceeds what a human could normally access will be interpreted as a denial of service attack. You will be immediately and permanently banned, your access blocked by IP address, and subject to criminal prosecution.
  • Any usernames etc that could be interpreted by other community members as being directly affiliated with the site or its representatives will be banned and locked, examples of these are "Admin", "Administrator", "Webmaster", Siteowner" etc. Interpretation on this matter is down to the site administrators/moderators and decisions are final.
  • We realise that sometimes it can be useful to have multiple/alias accounts. As an example sometimes you might not want to discuss something under your normal username. As such using an alias account will not result in any moderation actions. However, if an alias account is created with the apparent purpose of disrupting the forum and its community then all associated accounts will be moderated. Identification of account aliases is not an exact science therefore if you find that your account has been moderated and it is not a duplicate please contact a site administrator/moderator to rectify the situation. Regarding disruptive of comedy aliases, site administration reserves the rights to make public the main account behind an alias at anytime and for any reasons.
  • You agree to not advertise or otherwise solicit for funds or be a solicitation for goods or services unless agreed otherwise by the site administrator or within the scope of the Sponsor subscription available on the site.
  • Site administrators and moderators reserve the right to censor any words or content at any time.
  • We cannot be held responsible for the views of or content posted by community members, nor for any consequences arising therefrom.
  • Impersonating another community member or site administrator/moderator is strictly prohibited.
  • Any community member that is found to be attempting to circumvent moderation, i.e. creating an alternative account, will be moderated.
  • Any activity that is deemed to place us or our representatives in legal jeopardy will result in moderation and in some cases associated accounts being deleted.
  • Profile signatures should not contain any commericial information/links unless you have subscribed to a Sponsor account. The only exception to this is where you have become a TRC Supporter and your signature contains a single URL text link and does not include any other contact/business information.
  • You must not use this site to harvest or otherwise collect information about users, including email addresses, without their consent.
  • You must not use the facilities available here to impersonate a TRC Supporter and/or Sponsor, i.e. creating an avatar that is visually similar to the default TRC Supporter/Sponsor tags.
  • You agree to extend full usage rights to this site for use within this sites domain any data that is visible to other site users.

Any site activity found to be in violation of the above will typically be deleted without warning or explanation. Continued abuse will result in temporary or permanent loss of some or all access privileges and possible termination of your site account. We and our representatives reserve the right to ban any user, at any time, and for any reason.

We also reserve the right to monitor content and may edit, reject or remove content if it does not comply with the information contained in this document.

Site activity will not be moderated because you say something that does not agree with site owners. However if a site activity degenerates into hateful flaming, it will be moderated. Discussion is the very heart of this community as such if a thread contains a heated discussion between several members, each of whom disagree, but each of whom are responsibly debating the issue at hand, it will stay open. In relation to the site forum, controversial topics make for the best threads, however we do expect a degree of respect between community members. We feel that censorship or heavy handed moderation of this site will make for an extremely biased and boring site, so please understand that deleting or closing threads is not our goal. Unpopular opinions, as long as they are not flames, racial or stereotypical will be protected. Everyone has an opinion, and you the readers and contributors to this site will gain more from hearing all sides than we you would if only the popular opinions were published. You should always use smilies to accurately convey your tone, correct use of available smilies will help site readers and moderators to determine if you are serious or just joking. This also extends to private messages and any other area of the site.

Site Registration

The registration processes on this website will involve you being allocated with a unique username and password (defined by you) that gives you access to your site account. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur through your site account. You agree to:

  • Immediately notify us if you become aware of any unauthorised use of your password or website account or any other breach of security by sending an appropriately worded email to administrator@therevcounter.com
  • Ensure that you exit from your website account at the end of each session.

We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

Account Termination

Once created an account cannot be deleted, once you hit the submit button, the information you post becomes part of the public domain and as such is not just held here at TRC, this means that even if a post is deleted from this site it may still be available elsewhere, for example:

  • 100's of search engines will cache post information.
  • Other site users may quote a post/blog/pm within TRC, copy the content to another site they use or maybe keep a local copy on their computer.
  • ISPs and other internet devices may keep caches.
  • Any backups of TRC or any caching service will also contain these posts.

As a result of this we cannot, in all good faith, offer any guarantees that content from a deleted account will never resurface. In addition to this: if deleted your account name is returned to the pool of available usernames. This means that somebody could impersonate you after deletion and that may have more serious consequences that leaving an account dormant.

If you have chosen to become a site Supporter or Sponsor and then choose to cease your participation in this site associated fees are non-refundable / non-transferable

Privacy

We recognise and understand that privacy is extremely important to those who use our on-line services. The following outlines the types of personal information we receive and collect when you use our site, as well as some of the steps we take to safeguard your information. We hope this will help you make an informed decision about sharing personal information with us.

This privacy policy does not apply to any information that you submit that can be accessed by other site users, as an example (but not limited to):

  • Forums threads
  • Public profile
  • Blog entries and comments
  • Arcade comments
  • Sent/Received private messages (drafts are included)

Personal information and other data we collect

We only collect personal information when you voluntarily provide it. For example, through one of the contact forms.

We use cookies and other technologies to enhance your on-line experience while using this site, primarily these are used for:

  • Recording your "remember me" logon choice.

Our servers and software automatically record information when you visit this site, this includes the following:

  • The URL you are viewing.
  • The IP address you are currently using.
  • Browser type & system configuration (i.e. screen resolution).
  • Language.
  • Date & time of your page visit.
  • Pages visited (within the site).
  • Referring page.
  • IP based geographical information.

Data Sharing

Any personal information offered to us will only be used to provide the requested service to you or designated persons (by you) or answer a specific question to you or designated persons (by you).

We may also use personal information for auditing, research and analysis to operate and improve the services offered by us.

We will not share or sell any information, either person identifiable or aggregated non-personal information with third parties.

When we use third parties to assist us in processing your personal information, i.e. our internal accounting, we require that they comply with this privacy policy and any other appropriate confidentiality and security measures.

In limited circumstances we may be required to share information with third parties, including when complying with legal process, preventing fraud or imminent harm, and ensuring the security of our network and services.

Your choices

You may decline to provide personal information to us and/or refuse cookies in your browser, although some site features or services may not function properly as a result.

We make good faith efforts to provide you access to your personal information upon request and to let you correct such data if it is inaccurate and delete it, when reasonably possible.

We reserve the right to transfer any data collected in the event of an acquisition, full or partial, of the The Rev Counter or Dragon Tree.

Google Advertising Cookie and Privacy Policies

Under some conditions this site uses advertisements to generate revenue that goes towards funding running costs.

We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and would like to know your options in relation to not having this information used by these companies, click here.

The DART Cookie

The DoubleClick DART cookie is used by Google in the ads served on publisher websites displaying AdSense for content ads. When users visit an AdSense publisher's website and either view or click an ad, a cookie may be dropped on that end user's browser. The data gathered from these cookies will be used to help AdSense publishers serve and manage the ads on their site(s) and across the web more effectively.

The following privacy information applies to the Google cookie

  • Google, as a third-party vendor, uses cookies to serve ads on this site
  • Google's use of the DART cookie enables it to serve ads to you based on your visit to TRC and and other sites on the Internet.
  • Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

Modifications to Offering

We reserve the absolute right to alter, suspend or discontinue any aspect of the site or the services provided through it, including your access to it. Unless explicitly stated any new features on the site, including but not limited to the release of new services and software upgrades, shall be subject to this right.

Applicability of Online Materials

We make no representations that the site or any Content on it are appropriate or available for use in other locations than that of our offices. Those who visit the site from other locations do so on their own initiative and are responsible for compliance with all applicable laws.

Liability

The Site and all materials and information thereon are provided on an "as is" basis. To the fullest extent permissible by applicable law, we do not make any express or implied warranties, representations or endorsements whatsoever with regard to the site or any information or service provided through the Site. To the fullest extent permitted by law we will not be liable to users for any loss or damage of any nature whatsoever and howsoever arising (including due to our negligence) out of or in connection with the viewing, use or performance of the site or its contents, whether due to inaccuracy, error, omission or any other cause and whether our part or our servants or agents, or any other person.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the site and is compatible with the site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

Copyright

The contents of this site are protected by international copyright laws and other intellectual property rights. We or specified third parties licensors.

All content submitted to the site will remain the property and responsibility of the submitter, however by submitting information to the site you agree to extend full usage rights to us for use within the sites domain. In addition to this we will not be liable for infringements of the copyright permissions you keep for content you have submitted.

On occasion we make seek your permission to use content you have submitted to this site on other services we offer. Without consequence, you are entitled to decline this request.

Linked Sites

Site content may include hypertext links to sites on the internet which are operated by other people who we believe offer services and/or products which complement those offered by us and we make no representations whatsoever about any other site(s) which you may access through this site or which may link to the site.

When you access any other site you understand that it is independent from us and that we have no control over the content or availability of that site. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Any concerns regarding any external link should be directed to its respective site administrator or web master.

Supporters

You can optionally choose to become a site supporter. Becoming a supporter extends the features and functionality available to you. Supporter status does not imply any immunity from any aspects of these terms and conditions.

We reserve the right to decline or refuse any request to become a community supporter or revoke supporter status at any time for any reason

Supporter fees are non-refundable.

Sponsors

If you run a business and would like to advertise this site you can choose to become a site Sponsor. Becoming a sponsor does not imply any immunity to these terms and conditions.

We reserve the right to decline or refuse any request to become a community supporter or revoke sponsor status at any time for any reasons

We nor our representatives endorse or accept any responsibility for use or suitability of sponsor products or services, and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with sponsor products or services.

Sponsor fees are non-refundable.

Site/Sponsor Competitions

The following applies to all prize promotions including free draws, prize competitions and instant win offers that are run on this site by us or nominated 3rd parties. Your participation in any site competition implies that you have agreed to be bound by the competition rules as stated below or as detailed in the competition information.

Depending on the nature of the competition there may be additional rules imposed by us (or selected third parties) and as such each promotion may be subject to its own express terms and may not be available in all jurisdictions.

  • Competitions are only open to UK residents aged 18 and over.
  • All decisions are final and no correspondence will be entered into. Odds of winning depend on the number of eligible entries received.
  • We reserve the right to disqualify or refuse competition entries at any time and for any reason.
  • Unless otherwise stated on the promotional activity with a specific competition, this site will not act as host to any competition where a purchase is necessary to qualify as an entrant.
  • Prizes are non-transferable, non-negotiable and no cash or credit alternatives will be offered.
  • Arrangements for the fulfillment of prizes may be made by a third party.
  • Prize winners may nominate a 3rd party for prize collection. Under these circumstances we accept no responsibility or liability for final delivery of competition prizes.
  • We and associated 3rd parties reserve the right to substitute any and/or all prizes with alternatives of a comparable value.
  • All entries must be received, via the published means, by the published deadline for that Competition. Late or incomplete entries will be disqualified.
  • We reserve the right to implement age requirements or other eligibility criteria where necessary.
  • Prize draws are open to all residents of the UK, except employees of Dragon Tree (and its subsidiaries), the promoter and their immediate families, the promoters advertising agency and sales promotion consultancy, and anyone else connected with the creation and administration of the promotion. Site super moderators are community volunteers and are not paid or employed by Dragon Tree as such they are eligible to enter competitions.
  • No responsibility can be accepted for entries lost or delayed in transmission, or for damage or loss resulting from misdirected or incomplete entries arising from transmission and/or computer malfunctions, viruses, bugs or other similar causes. Proof of entry is not automatically proof of receipt.
  • We accept no liability in connection with the acceptance or use of any of the prizes awarded.
  • Only one entry per person. Spammers will be disqualified.
  • It is assumed that by entering competitions which if won could require time off work, your employer is in agreement to time off. When dates are specified they cannot be altered.
  • We may pass your email address to the promoters and/or their data processors. This will always be publicised in an obvious manner. Additionally we always demand that parties receiving data from us adhere to the same security procedures that we follow ourselves.

Winner(s) will be notified by e-mail as soon as possible after the Competition draw/decision. If you are a winner, you may have to complete additional legal documents and return them to designated parties, as per your winners notification, within 5 working days of receipt (We assume 2 working days for delivery). Non-compliance or notification returned as undeliverable will result in your disqualification as a winner and an alternative winner will be selected.

The site username of the winner will be detailed in the appropriate competition thread. Details of the actual names of winners is available on request.

If you are a winner of any competition prize this is conditional upon compliance of any and all laws, rules and regulations including, without limitation, the Competition Rules and any further rules relating to such Competition as we may impose. Winners are solely responsible for all expenses not specified in the prize description.

TRC Trader

By using TRC Trader you must not:

  • Be under the age of 18 or not be able to form legally binding contracts.
  • Post, list or upload content or items in an inappropriate category or area.
  • Post, list or upload inappropriate or otherwise harmful content.
  • Breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties.
  • Assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on TRC Trader.
  • Post false, inaccurate, misleading, defamatory, or libellous content (including personal information)
  • Take any action that may undermine the purpose of the feedback system.
  • You may not add site users who have purchased an item from you or enquired about an item to any mailing lists (email or physical mail) without their consent.

We cannot be held responsible for:

  • Any item(s) that are not listed correctly.
  • Any financial loss howsoever caused.
  • The veracity of any listing
  • The sellers ability to sell.
  • The buyers ability to buy.
  • If any listing is found to breach any of the terms listed here.

In addition to the guidelines detailed above

  • You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on TRC Trader.
  • We reserve the right to remove or edit any listing for whatever reason.
  • We reserve the right to terminate or restrict access to TRC Trader at any time and for any reason.
  • The Business Advertisement Disclosure Order 1977 requires all advertisments by people who seek to sell goods in the course of business to make the fact clear. It is the responsibility of the advertiser to comply with the Order and TRC assists you by providing a Sponsors TRC Trader area. It is an offence for which you may be prosecuted not to advertise the fact that you are a trader.

More Information

If you have any further questions, please do not hesitate to contact us.