Welcome to 10k Riders Publishing Limited (hereinafter referred to as “10k Riders”), the company acting and organized under the laws of the Republic of Cyprus, with address: Archiepiskopou Makariou III, 155 PROTEAS HOUSE, 5th floor, 3026, Limassol, Cyprus, represented by Director Popi Charalampous.
These Terms of Service (hereinafter referred to as the “Terms”) regulate the use of the Services by 10k Riders Users.
1. Terms and Definitions
As used, these Terms,
1.1. “10k Riders”, “we”, “us”, or “our” refer to 10k Riders Publishing Limited and all companies affiliated with 10k Riders.
1.2. “10k Riders User” or “10k Riders Users” refer to the users of 10k Riders Services.
1.3. “You” or “yours” refer to 10k Riders Users.
1.4. “Service” or “Services” refer to applications for mobile platforms or devices and web applications, including web applications accessible on third-party social networking services – “SNS” (collectively referred to as “10k Riders Applications”), technical solutions implemented by 10k Riders into mobile and web applications of third parties aimed at application promotion, application analytics, and 10k Riders Users’ tracking, web-pages of 10k Riders at application stores (AppStore, Google Play etc.), accounts, pages, and societies of 10k Riders in social networks (Facebook, Instagram etc.), chats and on-line dialogues implemented by 10k Riders into 10k Riders Applications and mobile and web applications of third parties, web domains and subdomains of 10k Riders and 10k Riders’s partners using the Services of 10k Riders, including 10000riders.com (collectively referred to as “Sites”), and other web forums or messaging boards in 10k Riders Applications and our Sites (collectively referred to as “Forums”).
“10k Riders Applications” refer to applications:
• that were developed by 10k Riders;
• that were developed by a third party but inside which 10k Riders implemented technical solutions for application promotion and in-app analytics (including 10k Riders Users’ tracking and 10k Riders Users’ behavior analysis);
• that were developed by a third party but regarding which 10k Riders gave to the third party advice on the technical solutions that should be implemented inside the applications for application promotion and in-app analytics (including 10k Riders Users’ tracking and 10k Riders Users’ behavior analysis);
• that were developed by a third party but which were promoted by 10k Riders through the Internet, including promotion through application stores (AppStore, Google Play etc.), social networks (Facebook, Instagram etc.), promotion through influencers (including but not limited to promotion by video bloggers on YouTube and other kinds of video hosting), promotion by means of Apple Store Optimization – ASO (including but not limited to application icon creation, choice of optimal application name, key words selection for optimal application search, drafting description of the application for application stores, and creating screenshots of the application), and promotion through other applications for mobile platforms or devices and web applications;
• that were developed by a third party but inside which 10k Riders implemented advertisement of another application for mobile platforms or devices, or web application, including another 10k Riders Application;
• that were developed by a third party but were published on 10k Riders’ accounts and pages in social networks (Facebook, Instagram etc.).
In all cases when 10k Riders Application was not developed by 10k Riders, 10k Riders has exclusive, sole, and sub-licensable right to use such 10k Riders Application.
1.5. “Intellectual Property Rights” refer to right, title, and interest in and to the Services and 10k Riders Content; such right, title, and interest cover all intellectual property rights in respect of Services and 10k Riders Content, including any patents, copyrights, trademarks, service marks, trade names, database rights, domain name rights, applications for any of the foregoing, moral rights and trade secret rights owned by 10k Riders, its subsidiaries or 10k Riders’ licensors that provided 10k Riders with exclusive, sole, and sub-licensable right to use 10k Riders Applications.
1.6. “10k Riders Content” refers to text, data, graphics, images, illustrations, forms, documents, marketing materials, look and feel attributes, 10k Riders or our licensors’ trademarks and logos, 10k Riders Applications, and other content made available by 10k Riders on or through our Services, including any Customizations but excluding User Content.
1.7. “Customizations” refer to the modifications, designs or enhancements to 10k Riders Content in 10k Riders Applications as a result of a Member’s or a non-registered user’s customization of a virtual character in 10k Riders’ Applications using one of 10k Riders interactive templates or design tools.
1.8. “Virtual Items” refer to 10k Riders Content that is purchased, found through use of 10k Riders Applications, and used in 10k Riders Applications by 10k Riders Users for entertainment. Such Virtual Items may include but are not limited to virtual weapon, virtual medical aid kits, virtual natural resources and other items that can be used by 10k Riders Users free of charge or for a fee.
1.9. “Virtual Currency” refers to 10k Riders Content that is purchased and used in 10k Riders Applications for purposes of purchasing and using Virtual Items.
1.10. “Tradable Items” refer to Virtual Items and Virtual Currency that cannot be purchased with real world money.
1.11. “Member” or “Members” refer to 10k Riders Users who registered and created an In-Game Account on one of the 10k Riders Applications.
1.12. “In-Game Account” refers to the account created by 10k Riders User on one of the 10k Riders Applications.
1.13. “User Content” refers to text, data, graphics, images, photos, video or audiovisual content, hypertext links and any other content uploaded, transmitted or submitted by Members or other 10k Riders Users on or through our Services.
Please read these Terms carefully because they govern your access to and use of our Services, 10k Riders Content, and User Content and are legally binding.
2. Providing 10k Riders with Consent to the Terms
2.2. The dialog box specified in para.2.1 of the Terms will also contain the text “I confirm that I am 16+ (or holding parental responsibility)”, and the box by ticking which you confirm that you are 16 years of age or more, or that you are a person holding parental responsibility over the 10k Riders User who is less than 16 years of age and you consent to the use of the Services by such 10k Riders User.
3.1. 10k Riders reserves the right, at its sole discretion, to modify, discontinue or terminate our Services, including any portion thereof, on a global or individual basis, or to modify these Terms, at any time and without prior notice.
3.2. If we modify these Terms, we will post these Terms as modified on our Site 10000riders.com. By continuing to access or use our Services after we have posted a modification to these Terms, you are indicating that you agree to be bound by the modified Terms. The Terms will be modified at least once per 12 (twelve) calendar months beginning from the date of posting the latest version of these Terms. We encourage you to periodically visit our Site 10000riders.com to monitor the updates on these Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using our Services.
3.3. If you cease using our Services, you have a right to delete your In-Game Account and send us a verifiable request to delete your personal data associated with your In-Game Account. A verifiable request can be sent via our e-mail firstname.lastname@example.org.
3.4. If you send us the request to delete your In-Game Account, you shall mention your username, nickname or login used in In-Game Account, your unique identifier that you used for creating an In-Game Account (for example, Facebook ID, Game Center ID etc.), and any other data that is reasonably needed to identify your personal data associated with your In-Game Account.
4. 10k Riders License
4.1. Subject to your compliance with these Terms, 10k Riders hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, and use 10k Riders Services and 10k Riders Content that is a part of these Services solely for your personal and non-commercial purposes.
4.2. You may not use 10k Riders Services and 10k Riders Content for any purpose that is unlawful or prohibited by these Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of 10k Riders or others.
4.3. Notwithstanding any other rights or restrictions in these Terms, you shall not use 10k Riders Services or 10k Riders Content to:
4.3.2. copy, modify, host, stream, sublicense or resell Services or 10k Riders Content except as otherwise explicitly provided in these Terms;
4.3.3. enable or allow others to use your In-Game Account;
4.3.5. upload or share any User Content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
4.3.6. introduce to 10k Riders Services viruses, worms, Trojan horses, and/or harmful code;
4.3.7. obtain unauthorized access to any computer system that is used by 10k Riders for managing Services and 10k Riders Content;
4.3.8. invade the privacy of other 10k Riders Users;
4.3.9. disrupt, interfere with, or inhibit any other 10k Riders User from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way);
4.3.10. misrepresent your identity or use a false e-mail address;
4.3.11. Improperly use in-game support or complaint buttons or make false reports to 10k Riders staff.
4.3.12. Use information about users publicly available in any 10k Riders Service (e.g. on a leaderboard) for any purpose unrelated to the Service, including to attempt to identify such users in the real world.
4.3.13. tamper with or obtain illegal access to the Services or 10k Riders Content;
4.3.14. place an advertisement of any products or services in the Services except with 10k Riders’s prior written approval;
4.3.15. conduct fraudulent activities; or
4.3.16. collect or harvest information regarding other users of 10k Riders Services for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email or for any other reason not specified in these Terms.
4.4. All 10k Riders Users have a right to provide us with feedback on the Services of 10k Riders and 10k Riders’ business activities. The feedback can be sent to our e-mail email@example.com.
4.5. You can freely use our Services only if you are 16 years of age or more. If you are under the age of 16, you shall obtain the consent to the use of the Services from your parent or guardian in accordance with para.2.2 of these Terms.
4.6. The Services of 10k Riders may contain links to third-party web-sites and resources and other materials of third parties. Because we do not control the content of such web-sites, resources, and other materials, as well as availability of such web-sites, resources or other materials, it is your sole responsibility for and assume all risks arising from your use of any such websites or resources.
4.7. 10k Riders can offer 10k Riders Users sweepstakes, contests and similar promotions through the Services. Each promotion may contain special rules of the promotion, and you should carefully review them because they may contain additional important information about 10k Riders’ rights to and ownership of the submissions you make as part of the such promotions and as a result of your participation in such promotions. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules will control.
4.8. The use of Services is free of charge. However, there can be special in-app purchases implemented into 10k Riders Applications that provide 10k Riders Users with additional features and functions, including Virtual Items and Virtual Currency. If you purchase Virtual Items or Virtual Currency, you agree that all such purchases are final. You can refund the purchase price of Virtual Items or Virtual Currency only if such Virtual Items or Virtual Currency become unavailable for you before they are provided to you but after the transaction has been made. Besides, if you are a resident of the European Union and you purchase limited licenses to Virtual Items and Virtual Currency from us, the right to withdraw from such purchases within 7 (seven) working days of the date of purchase (“Cooling Off Period”) may be available to you; however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period.
4.9. Violation of these Terms results in deletion or block of your In-Game Account and restriction of your access to 10k Riders Applications, block or other restriction of your access to the Services that are not 10k Riders Applications. We have no obligation to provide you with notice on deletion of your In-Game Account or restriction of your access to the Services of 10k Riders. Your access to the Services can be restored only after you send us a request for restoration of your access to the Services to our e-mail firstname.lastname@example.org, and we take a positive decision to restore your access to Services. We have no obligation to put off the block from your In-Game Account or otherwise restore your access to the Services. We will not reinstate your In-Game Account if there is no technical possibility to do that.
4.10. The measures specified in para.4.9 of this Section do not preclude 10k Riders from taking other actions needed for protection of 10k Riders’ rights, including Intellectual Property Rights. In particular, 10k Riders reserves the right to file a lawsuit against 10k Riders User who violated these Terms and request for compensating the damages caused by such violation. We can also require you to compensate any loss and damages caused by the lawsuit from a third party that alleged 10k Riders Services contained User Content or Customizations which violated copyright or other intellectual property laws, and you were the source of such User Content or Customizations.
4.11. If your In-Game Account is deleted by you or by use due to violation of these Terms or due to any other reason, you will also lose all the Virtual Items you purchased and used in 10k Riders Application on your In-Game Account. You may also lose access to all User Content that you posted, uploaded, created or modified on our Services.
4.12. If you send us a request specified in para.4.9 of these Terms, you shall provide us with the information that would allow us to identify your In-Game Account or otherwise identify you as the 10k Riders User (including but not limited to your unique identifier, your e-mail address, your login or nickname that you use in 10k Riders Applications and other reasonably needed information).
4.13. If other 10k Riders Users notice that you violate these Terms while using the Services, they can report about your actions that violate the Terms via our e-mail email@example.com. In this case we have the right to take reasonable actions needed to prevent the violations of the Terms by you. If needed, we will block or delete your In-Game Account or otherwise restrict your access to our Services based on the report of another 10k Riders User and your response that you may provide to us we ask you to do so.
5. Registration and Creation of In-Game Account in 10k Riders Applications
5.1. In order to access the full set of features of 10k Riders Applications, and to post any User Content on or through our 10k Riders Applications, you must register by creating an In-game Account and become a Member.
5.2. In registering for an In-game Account as a person who is 16 years of age or more, you agree to monitor the account to restrict any use by minors. You accept full responsibility for any unauthorized use of our 10k Riders Applications by minors, and this includes any use of your credit cards or other payment or settlement instruments or devices by minors.
5.3. During the registration process, you will be required to provide certain information, including, but not limited to:
5.3.1. your email address;
5.3.2. your unique identifier by which you can identify yourself in application store or social network (for example, Facebook ID, Game Center ID);
5.3.3. your nickname that you will use in 10k Riders Application;
5.3.4. other personal information that is needed for creation of In-Game Account.
During the registration process, you can also be obliged to establish a username or a login and a password from your In-Game Account.
5.5. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your Account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. 10k Riders reserves the right to refuse registration of, or cancel, a username, in its sole discretion. You can update such information through your In-Game Account by contacting as via e-mail firstname.lastname@example.org.
5.6. You are responsible for safeguarding your password. You agree not to disclose your password to any third party or to allow any third party to use your In-game Account, and you agree to take sole responsibility for any activities or actions under your In-game Account, whether or not you have authorized such activities or actions. You shall immediately notify 10k Riders of any unauthorized use of your In-game Account via e-mail email@example.com.
5.7. You have no property rights or interests in your In-Game Account. All In-Game Accounts are property of 10k Riders. You cannot sell or transfer otherwise your In-Game Account to a third party.
6. Use of 10k Riders Applications
6.1. 10k Riders Users who created an In-Game Account and became members have a full set of rights to use 10k Riders Applications. In particular, Members have a right to:
6.1.1. Play mobile and web games that are 10k Riders Applications;
6.1.2. Use all the features and functions of both mobile and web games and other 10k Riders Applications;
6.1.3. Chat with other Members through the chats and on-line dialogues implemented by 10k Riders into 10k Riders Applications and mobile and web applications of third parties, and through other Forums of 10k Riders Applications;
6.1.4. Post, view, upload, create, modify, and comment any lawful User Content in 10k Riders Applications, including posting, viewing, and commenting by use of the chats, on-line dialogues and other Forums of 10k Riders Applications to the extent that such actions do not violate other 10k Riders Users’ rights;
6.1.5. Provide 10k Riders with feedback and rating on the work and features of 10k Riders Applications;
6.1.6. Purchase and use Virtual Items and Virtual Currency;
6.1.7. Add lawful Customizations to 10k Riders Content of 10k Riders Applications;
6.1.8. Perform other lawful actions that do not violate these Terms or other applicable law.
6.2. If you purchase or use Virtual Items and Virtual Currency, such Virtual Items and Virtual Currency are provided to you solely for your personal and entertainment use. They may only be used in 10k Riders Applications, and they have no “real world” value. By purchasing or receiving Virtual Items and Virtual Currency all that you receive is a limited license to use them in 10k Riders Applications; Virtual Items and Virtual Currency are not your personal property and no ownership interest in them is transferred to you.
6.3. The prices for and the amounts and kinds of Virtual Items and Virtual Currency available may be changed at any time without notice. Virtual Items and Virtual Currency that you receive may also be changed or discontinued at any time without notice. You cannot sell or transfer, or attempt to sell or transfer, Virtual Items or Virtual Currency. You can only exchange Virtual Items and Virtual Currency that are Tradable Items for other Tradable Items so long as no real world money or anything of real monetary value is paid or given for such Tradable Items. Any other purported or attempted exchange is strictly prohibited.
6.4. If we find out that you attempted to or transferred your Virtual Items or Virtual Currency to another 10k Riders User or third party or sold Virtual Items or Virtual Currency for real world money, we will delete your In-Game Account and restrict your access to our Services.
6.5. Some of the 10k Riders Applications may be used without the creation of In-Game Account. In this case 10k Riders Users who did not create In-Game Accounts may have less rights than provided in Section 6 of these Terms.
6.6. 10k Riders Applications are intended solely for your personal and non-commercial use. 10k Riders may change, suspend or discontinue the 10k Riders Applications (or any feature thereof) at any time. 10k Riders may also impose limits on certain features and services offered in connection with the 10k Riders Applications or restrict your access to parts or all of 10k Riders Applications without notice or liability. You acknowledge that from time to time 10k Riders Applications may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which 10k Riders may undertake from time to time; or (iii) causes beyond the control of 10k Riders or which are not reasonably foreseeable by 10k Riders.
7. In-Game Goods
7.1. Games and applications include virtual in-game currency such as coins, cash and / or diamonds, which can be purchased with real money and, in turn, used to purchase virtual in-game items (“Virtual Items”).
7.2. Please note that you only purchase a limited, revocable, non-transferable license to use in-game Virtual Currency or Virtual Items, and you agree that you do not own them.
7.4. Price and availability of Virtual Items are subject to change without notice.
7.5. 10k Riders may manage, regulate, control, modify or eliminate available Virtual Items at any time, with or without notice. 10k Riders may also revise the pricing for the goods and services offered through the Service at any time. 10k Riders shall have no liability to You or any third party in the event that 10k Riders exercises any such rights.
7.6. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that have been designated by the U.S. Government as a «terrorist supporting» country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) You are solely responsible for compliance with all applicable laws, including without limitation export and import regulation
8. Use of Other 10k Riders Services
8.1. Both Members and other 10k Riders Users have an equal right to use our Services that are not 10k Riders Applications.
8.2. In particular, all 10k Riders Users have the right to search and browse through:
8.2.1. Official web-site of 10k Riders 10000riders.com and official web-sites of our partners, subsidiaries and licensors that provided us with exclusive, sole, and sub-licensable right to use 10k Riders Applications;
8.2.2. Other web-sites belonging to 10k Riders, its subsidiaries and licensors;
8.2.3. Accounts, pages, and societies of 10k Riders in social networks (such as Facebook, Instagram, YouTube etc.);
8.2.4. Web-pages of 10k Riders at application stores (such as AppStore and Google Play);
8.2.5. Forums of 10k Riders except for Forums implemented into 10k Riders Applications.
8.3. Furthermore, both Members and other 10k Riders Users have the right to chat and comment on any User Content through our Services and provide us with feedback and rating on the work and features of 10k Riders Applications. This right applies to the Services that are not 10k Riders Applications and to 10k Riders Applications that do not require creation of In-Game Account.
8.4. Both Members and other 10k Riders Users have the right to post, view, upload, create, and modify any lawful User Content in or through Services, including posting, viewing, uploading, creation, and modification by use of the accounts, pages, and societies of 10k Riders in social networks (Facebook, Instagram etc.), chats, on-line dialogues and other Forums and Sites of 10k Riders and on other Services that do not require creation of In-Game Account. Such actions can be performed by all 10k Riders Users to the extent that they do not violate other 10k Riders Users’ rights.
9.1. Our Services and 10k Riders Content are protected by copyright, trademark, and other laws of the Republic Cyprus, legal acts of European Union, and other foreign countries laws and regulations. Except as expressly provided in these Terms, 10k Riders, its subsidiaries, and our licensors exclusively own all Intellectual Property Rights.
9.2. 10k Riders owns all right, title and interest in and to any Customizations, and you hereby waive any and all rights you may have had in any Customizations under copyright law or otherwise.
9.3. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Services or 10k Riders Content.
10. User Content
10.1. By making available any User Content on or through our Services, you hereby grant to 10k Riders a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of our Services.
10.2. 10k Riders does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available on or through our Services. Accordingly, you represent and warrant that: you are either the sole and exclusive owner of all User Content that you make available on or through our Services or you have all rights, licenses, consents and releases that are necessary to grant to 10k Riders the rights in such User Content as contemplated under these Terms; and neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or 10k Riders’ use of the User Content (or any portion thereof) on, through or by means of our Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
11. Compliance with Copyright and Other Intellectual Property Laws
11.1. All User Content that is created, posted, uploaded, viewed, commented on, or modified on or through the Services by 10k Riders Users, as well as any Customizations provided by 10k Riders Users in respect of 10k Riders Applications shall comply with copyright and other intellectual property laws, including Digital Millennium Copyright Act (DMCA), and shall not violate Intellectual Property Rights and intellectual property rights of other 10k Riders Users. The use of the 10k Riders Content by 10k Riders Users shall not violate copyright laws, including Digital Millennium Copyright Act (DMCA), and other intellectual property laws and regulations.
11.2. If you believe someone has uploaded User Content or Customizations to our Services that infringes your copyright or your trademark and violates DMCA, please let us know by sending us an Intellectual Property (IP) infringement notice.
11.3. For copyright notices, the notice must meet all requirements of the DMCA (described below). For trademark infringement notices, person or legal entity must provide 10k Riders with clear information about the location of the allegedly infringing work, complete information about trademark, and contact information (name, physical address, e-mail address, and telephone number).
11.4. You can send a DMCA Notice, DMCA Counter Notice or Trademark Notice to the following e-mail: firstname.lastname@example.org. You can also send a DMCA Notice, DMCA Counter Notice or Trademark Notice to our address: Archiepiskopou Makariou III, 155 PROTEAS HOUSE, 5th floor, 3026, Limassol, Cyprus.
11.5. When you send a DMCA Notice, DMCA Counter Notice or Trademark Notice to us, we always provide a copy of your notice to the 10k Riders User who uploaded the User Content or Customizations you say are infringing.
11.6. If you believe your copyright-protected work was used in our Services without authorization, you may submit a DMCA Notice. It should contain:
11.6.1. A clear description of the copyrighted work infringed;
11.6.2. The uniform resource locator (URL) where the material you claim is infringing is located on our Services, or a description of that location sufficiently detailed for us to find it;
11.6.3. A statement that you have a good faith belief that the use of the content identified in your DMCA notice is not authorized by the copyright owner, its agent or the law;
11.6.4. Your contact information (such as your name, physical address, e-mail address, and telephone number);
11.6.5. A certification, under penalty of perjury, that the DMCA notice is accurate, signed (either electronically or physically) by the copyright owner or the copyright owner’s legal representative; and
11.6.6. A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on copyright owner’s behalf.
11.7. Before you file your DMCA notice, please carefully consider whether the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys’ fees. If you are unsure whether someone’s use of your copyrighted material amounts to infringement, please contact an attorney.
11.8. If you believe we disabled your content on our Services as a result of an improper copyright infringement notice, you can file a DMCA Counter Notice. 10k Riders will only take action in response to DMCA Counter Notices that contain all of the following:
11.8.1. A clear description of the material we disabled and the location where it was hosted before disabling;
11.8.2. A statement that you consent to jurisdiction of the Federal District Court for the Southern District of New York and that you will accept service of process from the person who filed the DMCA notice you are responding to or their agent;
11.8.3. Your contact information (such as your name, physical address, e-mail address and telephone number); and
11.8.4. A statement made and signed by you under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.
11.9. Before you file your DMCA Counter Notice, please carefully consider whether your use of the material at issue is infringing. If you file a DMCA Counter Notice when your use is infringing, you could be liable for costs and attorneys’ fees. If you are unsure whether your use of the content at issue amounts to infringement, please contact an attorney.
11.10. We process copyright notices in the order they are received. Please note that submitting duplicate DMCA notifications may cause delayed processing.
11.11. Our response to notices of alleged copyright infringement may include the removal or restriction of access to allegedly infringing material.
12.1. Our Services and 10k Riders Content are provided as is, without warranty of any kind, either express or implied.
12.2. Without limiting the foregoing, 10k Riders explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.
12.3. 10k Riders makes no warranty that our Services, 10k Riders Content or User Content will meet your requirements or will be available on an uninterrupted, secure, or error-free basis.
12.4. 10k Riders makes no warranty regarding the quality of any Services or 10k Riders or User Content purchased or obtained through our Services, or the accuracy, timeliness, truthfulness, completeness or reliability of any 10k Riders or User Content obtained through our Services.
12.5. No advice or information, whether oral or written, obtained from 10k Riders or through our Services, 10k Riders Content or User Content, will create any warranty not expressly made herein.
13. Limitation of Liability
13.1. 10k Riders is not liable to 10k Riders User or anyone else for any loss of use, data, goodwill, or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if 10k Riders has been advised of the possibility of the loss or damages), including losses and damages:
13.1.1. resulting from loss of use, data, or profits, whether or not foreseeable;
13.1.2. based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or
13.1.3. arising from any other claim arising out of or in connection with 10k Riders User’s use of or access to the Services.
13.2. By agreeing to these Terms, you specifically acknowledge that 10k Riders is not liable for the defamatory, offensive or illegal conduct of other 10k Riders Users or third parties, and that the risk of injury from the foregoing rests entirely with you further. 10k Riders will also have no liability for any User Content uploaded to or downloaded from or through the Services.
13.3. In no event will the total liability of 10k Riders arising out of or in connection with application of these Terms or use of Services exceed 100 (one hundred) U.S. dollars.
13.4. The rules provided in paras.12.1-12.3 of this Section do not apply if imperative rules of applicable law provide otherwise.
14. Applicable Law and Dispute Resolution
14.1. These Terms, their validity, interpretation, modification, and performance are governed by the law of the United Kingdom of Great Britain and Northern Ireland.
14.2. If laws and legal acts of other countries or supranational and international organizations, including, but not limited to, DMCA, California Consumer Privacy Act (CCPA), and General Data Protection Regulation (GDPR) provide that the business activity of 10k Riders related to providing 10k Riders Users with access to the Services is governed by these laws and legal acts, and such provisions are peremptory and cannot be avoided by 10k Riders, such laws and acts apply.
14.3. If an 10k Riders User has any concern about application of these Terms or does not agree with any of the actions of 10k Riders related to the application of these Terms or providing 10k Riders Users with the Services, such 10k Riders User shall send a claim to 10k Riders via e-mail email@example.com. 10k Riders shall response to the claim within 30 (thirty) calendar days after receiving the claim. 10k Riders sends the response to the claim to the e-mail address of 10k Riders User that he mentioned in the claim.
14.4. If the 10k Riders User is not satisfied with the response to the claim, he can resolve a dispute in the state and federal courts located in New York City, USA, in accordance with the subject-matter jurisdiction rules provided by Federal Rules of Civil Procedure and rules of civil procedure of the New York State.
14.5. All other disputes between 10k Riders and 10k Riders Users with respect to the application of these Terms shall also be resolved in the state and federal courts located in New York City, USA, in accordance with the subject-matter jurisdiction rules provided by Federal Rules of Civil Procedure and rules of civil procedure of the New York State.
14.6. With respect to disputes determined in para.13.4 and para.13.5 of these Terms both 10k Riders and 10k Riders User that has agreed to these Terms waive any objection to jurisdiction and venue in courts specified in this Section of the Terms. In resolving the dispute specified in para. 13.4 and para. 13.5 of the Terms, the court shall apply the law of the United Kingdom of Great Britain and Northern Ireland unless otherwise is explicitly provided by laws and legal acts of other countries application of which cannot be avoided by 10k Riders.
The controlling language of these Terms is English; any provided translation of these Terms is for purposes of convenience only, and the English version shall govern to the extent of any inconsistency.
16. Contacting us
All communication with 10k Riders regarding the application of these Terms or the use of the Services is conducted through 10k Riders e-mail firstname.lastname@example.org. You can also send us a mail to our physical address: Archiepiskopou Makariou III, 155 PROTEAS HOUSE, 5th floor, 3026, Limassol, Cyprus.
We also use the following third-parties’ trademarks in our website:
– Apple, the Apple logo, iPhone, and iPad, which are trademarks of Apple Inc., registered in the U.S. and other countries and regions. App Store is a service mark of Apple Inc.
– Google Play and the Google Play logo are trademarks of Google LLC.