Collective by the Litas Terms Of Service
Last Updated 7/27/2022
The Litas App is a mobile platform for members of The Litas or app users like you that allows you to access Litas-related content with social and interactive features. The App is provided by The Litas LLC.
These Terms of Service and the associated Privacy Policy apply to your use of the App. The Privacy Policy explains how we gather, secure, and use your personal data.
BY CLICKING “ACCEPT” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER AND YOU AGREE WITH THE TERMS AND ACCEPT THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THOSE TERMS, THEN DO NOT USE THE APP.
1. You Use the App Under a License
The service and content provided through the App and the App itself are our property or the property of our licensors.
You are only entitled to use the App, and consume content made available through the App, in accordance with these Terms.
The App and any other software made available to you via the App is licensed (not sold) to you, meaning that we or our licensors continue to own all copies of the App and other software when it is installed on your device. We may freely assign these Terms or any part of them, but you may not assign your rights under these Terms, or any part of them, nor may you sub-license your rights under these Terms, to any third party.
These terms do not grant you any rights to use any of our or our licensors’ intellectual property, such as trademarks, domain names, logos, or other branded features, which belong to us or our licensors.
2. The App and Terms may Change
We may occasionally make changes to the App or these Terms. If we do, we'll notify you either by updating the Effective Date of these Terms listed above or via the App. By continuing to use the App after being notified of changes, you accept the changes to the App or these Terms. You should stop using the App if you disagree with any changes to the App or these Terms. From time to time we may issue updates to the App via the App Store. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and reviewed and accepted any new terms. Access to parts or all of the App and any or all content on the App may be restricted from time to time to allow for repairs, maintenance, or updating.
3. We Cannot Guarantee Your Access to the App
You may access the App by downloading and installing the App to your device from the App Store. Although we are working to ensure that the App is compatible across various devices, we do not guarantee that the App will work with all devices and we are under no obligation to ensure that the App is or remains compatible with any device, platform, or operating system. We encourage you to check the minimum requirements and specifications (including memory space and operating system) as set out under App details in the App Store before downloading the App.
We accept no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software).
4. Your Use of the App
We grant you a non-transferable, non-exclusive, revocable license to use the App on your device(s) and to view the content contained on the App for your personal, non-commercial use, subject to and in accordance with these Terms, the Privacy Policy, and the applicable App Store rules, which are incorporated into these Terms by reference.
You agree:
a. that you will not use the App for any illegal purpose or in any way that interrupts, damages, or impairs the service provided by the App;
b. that you will not access or attempt to access the accounts of other users of the App;
c. that you will not impersonate any person, or misrepresent your identity or affiliation with any person;
d. not to post or transmit through the App any content which is or could reasonably be viewed as:
i. hate speech, obscene, harassing, threatening, pornographic, abusive, or defamatory to an individual or group of individuals on the basis of religious belief, race, gender, age, disability, or otherwise;
ii. inciting violence, or containing nudity or graphic or gratuitous violence;
iii. an unauthorized commercial communication of any kind (including, without limitation, spam);
iv. fraudulent, inaccurate, or misleading, or otherwise objectionable content of any kind;
v. infringing or violating someone else’s rights or otherwise violates the law;
vi. identifying any person without their consent or disclosing anyone else’s personal contact details or invading their privacy, or
vii. containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the App, or any computer software or hardware or telecommunications equipment.
e. to not post or upload to the App or otherwise make available via the App any content that is not owned by you or that violates the intellectual property rights of a third party;
f. to not do anything which may be defamatory, offensive, damaging or which we believe might damage our reputation, or that of the App or a provider of services accessed through the App;
g. not to copy the App or any content on the App except where such copying is incidental to the normal non-commercial use of the App, or where it is necessary for the purpose of back-up or operational security;
h. not to make alterations to, or modifications of, the whole or any part of the App or any content on the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
i. not to infringe our intellectual property or our other licensors’ intellectual property in relation to your use of the App;
j. that you are solely responsible for your interactions with other users and users through the App;
k. that you will not collect other users' content or information, or otherwise access the App, using automated means (such as harvesting bots, robots, spiders or scraping techniques) or otherwise, without our prior written permission; that any content you upload or post to the App (with the exception of private messages, which are confidential in nature) will be considered non-confidential and non-proprietary and that such content may be viewable by any users of the App (whether registered or unregistered). You will own your content, but you hereby grant us, our licensee’s and any third parties and other users of the App (each as we determine) a perpetual, irrevocable, royalty-free, transferrable, sub-licensable, worldwide license to use, store and copy that content, including your personal image, and to distribute it and make it available to third parties via any and all media, including, without limitation, the right for us to upload and make available and to authorize third parties to upload and make available such content on third party sites and services, including social media applications and channels such as Facebook, Twitter, Pinterest, YouTube, Instagram and on the Publisher’s own websites;
l. that you waive any moral rights or equivalent rights in any jurisdiction in relation to any content that you upload or post to the App and that we can use such content without referencing you as the author of such work and that we can adapt and amend such content in our sole discretion;
m. to keep your password secure at all times and not to disclose your password to any other person;
n. not to allow any other person to use or access your account; and
o. to comply with all laws applicable to you.
5. Joining a Collective, Meetups, and Riding
A primary function of the App is to facilitate meetups where users will ride motorcycles together. Each group that communicates together and meets for rides is called a “collective.” Collectives are centered in particular geographical areas and are generally designed to serve women riders who want to gather with other women riders. To keep collectives at a manageable size and to preserve the desired environment and dynamic, we reserve the right to split collectives, form new collectives, disband collectives, remove users from collectives, prevent users from joining certain collectives or any collective, and any other reasonable and necessary action within our sole discretion.
You acknowledge that motorcycle riding is an inherently dangerous activity that requires skill and experience. To participate in group rides, you must (1) be licensed and qualified under local laws to operate a motorcycle in street traffic and (2) wear or equip all safety gear including helmets, pads, protective jackets, boots, or pants required under local laws. We recommend that you wear protective gear whether or not required by local law.
By participating in a group ride or meetup you affirm you are experienced in and familiar with the operation of motorcycles and fully understand the risks and dangers inherent to motorcycling. You also affirm you are participating voluntarily and you expressly agree to assume the entire risk of any accidents or personal injury or damage, including death, paralysis, or other injury or damage to property which might occur as a result of your participation in a group ride or meet up whether caused by your acts or omissions or the acts or admissions of others
The Litas and any of its employees, representatives, affiliates, officers, owners, are not liable for any injury or damage suffered by you or any other users during a ride or meetup.
6. Termination
We may terminate these Terms and close your account at any time without notice if we cease to provide the App. In addition to our right to remove any content from the App, we reserve the right to suspend, restrict, or terminate your access to the App at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. We also reserve the right to disable your account at our reasonable discretion. Suspension, restriction, or termination of your access to the App will not limit our right to take any other action against you that we consider appropriate.
You may close your account and terminate your agreement with us at any time by emailing us at collective@thelitas.co.
7. You May Not Use Our Intellectual Property
You acknowledge that the App, the content provided on the App and all copyrights, patents, trademarks, trade secrets, source code, object code, and other intellectual property associated therewith are, and shall remain, the property of us or our licensors. You are not granted any intellectual property rights in or to the App or the content on the App except as expressly set out in these Terms. You are not authorized to use our logos or trademarks or trade names (whether registered or unregistered) in any manner. You may only use the App for personal, non-commercial purposes.
8. User Generated Content and Moderation; Notice and Takedown
We respect the intellectual property rights of others and expect users of the App to do the same. As part of the functionality of the App we may allow you and other users to upload, transmit, or send content, data, ideas, communications, or other materials to the App (“User Generated Content”). You represent and warrant that you own or control all rights in and to your User Generated Content and have the right to grant the license granted above to us and our affiliates and our service providers, and each of their and our respective licensees, successors, and assigns. We are under no obligation to, and we do not, review such materials for the purposes of determining copyright infringement. Therefore, your reliance on User Generated Content is at your own risk. Because we have no control over User Generated Content, you acknowledge and agree that we are not responsible for the accuracy or availability of User Generated Content, and we neither endorse nor are responsible or liable for any User Generated Content that appears on the App. We reserve the right (but not the obligation) to delete, remove, monitor, or edit User Generated Content and block links to the App through technological or other means without prior notice.
We also have the right to moderate User Generated Content and user accounts based on the Community Guidelines within the App. We also reserve the right to terminate access to the App if we believe a user is posting infringing material or if a user has breached our Community Guidelines.
If you believe that your copyright is being infringed by any material on the App, please contact us via email at collective@thelitas.co or in writing to The Litas at The Litas, 2212 S West Temple #39, Salt Lake City, Utah, USA, 84115: your contact details; - identification of the material to which the complaint relates and which appears on the App, which is reasonably sufficient to permit us to locate the material; and – some proof that you are the owner of the copyright or are an authorized representative.
9. Geographic Restrictions
The Content and Services provided by the App are based in the state of Utah in the United States and are provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services through the App from outside the United States, you are responsible for compliance with local laws.
10. Personal Data
For information on how we and the Publisher (as Data Controller) use your personal data, please see the associated Privacy Policy.
11. Our Legal Obligations
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence or fraud.
We are not responsible for:
a. losses, damage, costs or expenses not caused by our breach of these Terms;
b. the actions or omissions of any of our licensors introduced to you through the App;
c. the actions or omissions of other users of the App;
d. any indirect or consequential loss or damage which means a loss suffered by you which is a side effect of the main loss or damage and where we could not have anticipated that type of loss arising when you agreed to these terms; or
e. any harm, loss or damage suffered by you or anyone else if the App is interrupted, suspended, or otherwise not provided to you or if we do not comply with these terms because of events beyond our control (for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure).
For any loss or damage suffered by you or anyone else that may arise from use of the App and which is not otherwise excluded under this section 11, to the extent permitted by law our liability is limited to $100.
12. Disclaimer and Technical Limitations
We do not endorse or take any responsibility for statements, advertisements, or any content whatsoever transmitted through, or linked to from or via, the App by other users or third-party service providers. We are not responsible for any transaction you may enter into with a third party via the App and it is up to you to decide whether or not to do so.
THE APP AND THE SERVICE PROVIDED THROUGH IT IS PROVIDED WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND, ON AN “AS-IS” BASIS, SUBJECT TO APPLICABLE LAW. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE APP, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE APP.
We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
You acknowledge and accept that your access to the App is dependent on connectivity over communications networks and facilities that are outside of our operation and/or control and that your use of the App may be subject to limitations, delays, and other problems inherent in the use of such networks and facilities.
WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE APP INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT AND TITLE. WE GIVE NO WARRANTY THAT YOUR USE OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE INFORMATION OBTAINED FROM THE APP WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE, THAT THE QUALITY OF THE APP WILL BE SATISFACTORY TO YOU, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE AND ACCEPT THAT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND THAT YOU MAY SUFFER AS A RESULT OF ANY INTERRUPTION OR DELAY TO YOUR ACCESS TO THE APP, OR AS A RESULT OF ANY FAILURE OR ERROR IN THE TRANSFER OF DATA OVER THOSE NETWORKS AND FACILITIES IN CONNECTION WITH YOUR USE OF THE APP.
13. Indemnification
You agree to indemnify, defend, and hold harmless The Litas and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the App or your breach of these Terms, including but not limited to the content you submit or make available through the App.
14. Third party sites or services
The App may include and link to features, websites, or services (such as the Litas’ own website and social applications like Twitter, Facebook, Pinterest, YouTube, and Instagram) that are provided by a third party. We do not control such third-party sites or services and are not responsible for the content of such sites or services. Our inclusion of links does not imply any endorsement or association with their operators. The terms applicable to the use of that third-party service will apply and we will not be responsible for anything that is done or not done by you or the third-party service provider in connection with your use of their service. We recommend that you check the applicable third-party service’s terms and conditions of use before using such third-party service or purchasing any products or services.
15. Contacting Us
To contact The Litas, please write to:
The Litas
2212 S West Temple #39
Salt Lake City, Utah 84115
Email: collective@thelitas.co
16. Disputes
Unless otherwise required by applicable law, any disputes in connection with these Terms will be governed by and interpreted in accordance with the laws of Utah and the courts of Utah will have exclusive jurisdiction to hear any claims made in relation to these Terms. You waive any objections to the exercise of jurisdiction over you by the courts of Utah and to venue in such courts.
17. Other Important Legal Terms
You may not transfer your rights or obligations under these Terms to anyone else.
If you breach these Terms and we take no action against you, or if we delay in doing so, that will not mean that we have waived our rights against you and we will still be entitled to enforce our rights and remedies against you in relation to that breach and to exercise our rights and remedies in any other situation where you breach these Terms.
If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the remainder of the Terms will continue to govern each of our respective obligations.
These Terms are not intended to give rights to anyone except you and us. Except as otherwise expressly stated, these Terms and our Privacy Policy contain the entire agreement between us and you relating to use of the App and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us and you relating to use of the App.