User Generated Content Terms of Use
Zumi Bike (Neo Rides LLC)
Last updated January 1, 2025
Thank you for sharing your content with Zumi Bike. When you respond to Zumi Bike's request to use content you've posted on Instagram, Twitter, Facebook, or any other social media platform with #Approved, or when you submit your photo to Zumi Bike's User Generated Content Submission page (together referred to as "User Content"), you agree to these User Generated Content Terms of Use ("UGC Terms").
Reservation of Rights
Zumi Bike may modify these UGC Terms at any time without prior notice by posting updated UGC Terms. We encourage you to review the UGC Terms each time you give permission for us to feature your User Content.
Please understand that Zumi Bike is not obligated to display, feature, or use any User Content, though we may choose to do so at our discretion. We reserve the right to remove or discontinue using any User Content at any time for any reason. Our use of your User Content does not imply that we endorse you or have any affiliation with you.
User Content License
By submitting User Content, you grant Zumi Bike and its related companies, agents, and other affiliates ("Licensed Parties") a worldwide, perpetual, irrevocable, sublicensable, royalty-free, and transferable license to use, reproduce, edit, modify, exhibit, create derivative works of, transmit, distribute, and display your User Content in any manner. The Licensed Parties may use your User Content for any business purpose including on webpages and social media pages operated by the Licensed Parties, in promotional emails and advertisements, and in any marketing, promotional, or advertising initiatives, in all media formats, whether currently known or developed in the future. You irrevocably and unconditionally waive (and agree not to enforce) all rights in the User Content, including any moral rights or equivalent rights you may have under existing or future laws anywhere in the world.
You confirm that you have obtained consent or permission from any other person or entity necessary for Licensed Parties to use your User Content as described in these UGC Terms, including but not limited to:
(a) any person who appears or performs in your User Content, and (b) any person or entity who owns any rights in your User Content or anything that appears in your User Content.
You irrevocably and unconditionally grant to Licensed Parties all consents or permissions required by applicable laws, including Copyright laws and related rights laws (and all other current or future laws worldwide) that may be necessary for Licensed Parties' use of the User Content and the rights you are granting under these UGC Terms.
You also grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location, or other identifying information that is publicly available on the social media platform where the User Content was posted or that you supplied to Zumi Bike, in connection with any use of your User Content. You acknowledge that the Licensed Parties have no obligation to use your User Content, name, or other identifying information. You hereby release, discharge, and agree to hold the Licensed Parties, and anyone acting on their behalf, harmless from any liability related to the Licensed Parties' use of your User Content.
The Licensed Parties may stop using any User Content at any time.
If you believe any content, including User Content, used in connection with Zumi Bike's business infringes anyone's copyright, please contact care@zumibike.com.
Representation, Warranties, and Indemnification
You represent and warrant that:
-
You are at least eighteen (18) years old and a legal adult in your state or country of residence.
-
You have full authority to agree to these UGC Terms.
-
The User Content is your original creation and was not taken from any third party, website, social media posts, or elsewhere.
-
You have all necessary rights and permission from all persons appearing in your User Content to grant the rights described in these UGC Terms.
-
The User Content does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you or Zumi Bike.
-
The Licensed Parties' use of your User Content will not violate any third party's rights, including copyright, trademark, patent, trade secret, publicity, privacy, moral, or proprietary rights, and will not violate any applicable law.
-
The Licensed Parties' use of your User Content does not and will not require payment to anyone and does not require approval or consent by any other person or entity.
-
The User Content is not libelous, defamatory, obscene, harassing, hateful, offensive, or otherwise unlawful.
-
Your upload or posting of the User Content does not violate any applicable laws or the terms or conditions of the social media platform where you uploaded or posted the User Content.
-
You have read and agree to comply with all terms and conditions in these UGC Terms.
You agree to indemnify Zumi Bike, our vendors, and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or related to:
(a) your breach of the representations and warranties contained herein; (b) the use of any User Content; (c) any breach or alleged breach by you of these UGC Terms or applicable laws.
This indemnification does not apply to Zumi Bike's own negligence or intentional conduct.
Privacy Policy
Zumi Bike will use any personal data received in connection with the use of your User Content in accordance with these UGC Terms and Zumi Bike's Privacy Policy available at https://www.zumibike.com/pages/privacy-policy or the Privacy Policy applicable in your country (available on Zumi Bike's local website or upon request), which are incorporated by reference.
Intellectual Property Rights
Zumi Bike owns all rights in or is licensed to use Zumi Bike's name, logo, and marks, or any other name, logo, or marks owned or licensed by Zumi Bike ("Zumi Bike Content"), which may be protected by copyright, trademark, and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in Zumi Bike's proprietary information and materials by authorizing use of your User Content.
Dispute Resolution and Binding Arbitration
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION'S COMPREHENSIVE ARBITRATION RULES. YOU AND ZUMI BIKE AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND ZUMI BIKE WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
This arbitration requirement applies to any claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and Zumi Bike, its affiliates, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party in connection with your User Content, these Terms, or Zumi Bike's marketing or advertising ("Claims").
You retain the right to bring individual Claims in small claims court, if you qualify. Zumi Bike will pay the arbitration/arbitrator fees. Arbitration shall be administered by the American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at (800) 778-7879 and www.adr.org.
Discovery is permitted in arbitration subject to AAA Consumer Arbitration Rules. The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision's scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Claims may not be arbitrated on a class or representative basis. You and Zumi Bike agree to arbitration only on an individual basis. Neither you nor Zumi Bike may join or consolidate claims of others or participate in any claim as a class representative or a class member. If any portion of this arbitration agreement is found unenforceable, the unenforceable portion shall be severed, and the remaining arbitration terms shall be enforced (but in no case will there be a class arbitration). This paragraph controls over any inconsistent term in any other agreement.
You and Zumi Bike agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
This arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
Miscellaneous
These UGC Terms are personal to you and may not be assigned or transferred by you for any reason without our prior written consent. We may assign our rights and obligations under these UGC Terms to any other person, in whole or in part, without consent. Our failure to exercise, or any delay, forbearance, or indulgence in exercising any right, power, or remedy under these UGC Terms (in whole or in part) shall not operate as a waiver of that right, power, or remedy or preclude its exercise at any subsequent time or on any subsequent occasion. A person not party to these UGC Terms has no right to enforce any of these terms.
These UGC Terms contain all the terms agreed between you and Zumi Bike regarding the User Content and supersede any prior agreement, understanding, or arrangement between us, whether oral or in writing. The construction, validity, and performance of these terms shall be governed by the laws of the State of Texas, USA, and the parties submit to the exclusive jurisdiction of the courts of Texas to resolve any dispute arising under or in connection with these UGC Terms. If any court with jurisdiction rules that any provision of these UGC Terms is invalid, that provision will be removed without affecting the rest of the UGC Terms. The remaining provisions will continue to be valid and enforceable.
Any questions regarding these UGC Terms may be directed to care@zumibike.com.
User Generated Content Terms of Use
Zumi Bike (Neo Rides LLC)
Last updated January 1, 2025
Thank you for sharing your content with Zumi Bike. When you respond to Zumi Bike's request to use content you've posted on Instagram, Twitter, Facebook, or any other social media platform with #Approved, or when you submit your photo to Zumi Bike's User Generated Content Submission page (together referred to as "User Content"), you agree to these User Generated Content Terms of Use ("UGC Terms").
Reservation of Rights
Zumi Bike may modify these UGC Terms at any time without prior notice by posting updated UGC Terms. We encourage you to review the UGC Terms each time you give permission for us to feature your User Content.
Please understand that Zumi Bike is not obligated to display, feature, or use any User Content, though we may choose to do so at our discretion. We reserve the right to remove or discontinue using any User Content at any time for any reason. Our use of your User Content does not imply that we endorse you or have any affiliation with you.
User Content License
By submitting User Content, you grant Zumi Bike and its related companies, agents, and other affiliates ("Licensed Parties") a worldwide, perpetual, irrevocable, sublicensable, royalty-free, and transferable license to use, reproduce, edit, modify, exhibit, create derivative works of, transmit, distribute, and display your User Content in any manner. The Licensed Parties may use your User Content for any business purpose including on webpages and social media pages operated by the Licensed Parties, in promotional emails and advertisements, and in any marketing, promotional, or advertising initiatives, in all media formats, whether currently known or developed in the future. You irrevocably and unconditionally waive (and agree not to enforce) all rights in the User Content, including any moral rights or equivalent rights you may have under existing or future laws anywhere in the world.
You confirm that you have obtained consent or permission from any other person or entity necessary for Licensed Parties to use your User Content as described in these UGC Terms, including but not limited to:
(a) any person who appears or performs in your User Content, and (b) any person or entity who owns any rights in your User Content or anything that appears in your User Content.
You irrevocably and unconditionally grant to Licensed Parties all consents or permissions required by applicable laws, including Copyright laws and related rights laws (and all other current or future laws worldwide) that may be necessary for Licensed Parties' use of the User Content and the rights you are granting under these UGC Terms.
You also grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location, or other identifying information that is publicly available on the social media platform where the User Content was posted or that you supplied to Zumi Bike, in connection with any use of your User Content. You acknowledge that the Licensed Parties have no obligation to use your User Content, name, or other identifying information. You hereby release, discharge, and agree to hold the Licensed Parties, and anyone acting on their behalf, harmless from any liability related to the Licensed Parties' use of your User Content.
The Licensed Parties may stop using any User Content at any time.
If you believe any content, including User Content, used in connection with Zumi Bike's business infringes anyone's copyright, please contact care@zumibike.com.
Representation, Warranties, and Indemnification
You represent and warrant that:
-
You are at least eighteen (18) years old and a legal adult in your state or country of residence.
-
You have full authority to agree to these UGC Terms.
-
The User Content is your original creation and was not taken from any third party, website, social media posts, or elsewhere.
-
You have all necessary rights and permission from all persons appearing in your User Content to grant the rights described in these UGC Terms.
-
The User Content does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you or Zumi Bike.
-
The Licensed Parties' use of your User Content will not violate any third party's rights, including copyright, trademark, patent, trade secret, publicity, privacy, moral, or proprietary rights, and will not violate any applicable law.
-
The Licensed Parties' use of your User Content does not and will not require payment to anyone and does not require approval or consent by any other person or entity.
-
The User Content is not libelous, defamatory, obscene, harassing, hateful, offensive, or otherwise unlawful.
-
Your upload or posting of the User Content does not violate any applicable laws or the terms or conditions of the social media platform where you uploaded or posted the User Content.
-
You have read and agree to comply with all terms and conditions in these UGC Terms.
You agree to indemnify Zumi Bike, our vendors, and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or related to:
(a) your breach of the representations and warranties contained herein; (b) the use of any User Content; (c) any breach or alleged breach by you of these UGC Terms or applicable laws.
This indemnification does not apply to Zumi Bike's own negligence or intentional conduct.
Privacy Policy
Zumi Bike will use any personal data received in connection with the use of your User Content in accordance with these UGC Terms and Zumi Bike's Privacy Policy available at https://www.zumibike.com/pages/privacy-policy or the Privacy Policy applicable in your country (available on Zumi Bike's local website or upon request), which are incorporated by reference.
Intellectual Property Rights
Zumi Bike owns all rights in or is licensed to use Zumi Bike's name, logo, and marks, or any other name, logo, or marks owned or licensed by Zumi Bike ("Zumi Bike Content"), which may be protected by copyright, trademark, and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in Zumi Bike's proprietary information and materials by authorizing use of your User Content.
Dispute Resolution and Binding Arbitration
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION'S COMPREHENSIVE ARBITRATION RULES. YOU AND ZUMI BIKE AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND ZUMI BIKE WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
This arbitration requirement applies to any claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and Zumi Bike, its affiliates, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party in connection with your User Content, these Terms, or Zumi Bike's marketing or advertising ("Claims").
You retain the right to bring individual Claims in small claims court, if you qualify. Zumi Bike will pay the arbitration/arbitrator fees. Arbitration shall be administered by the American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at (800) 778-7879 and www.adr.org.
Discovery is permitted in arbitration subject to AAA Consumer Arbitration Rules. The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision's scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Claims may not be arbitrated on a class or representative basis. You and Zumi Bike agree to arbitration only on an individual basis. Neither you nor Zumi Bike may join or consolidate claims of others or participate in any claim as a class representative or a class member. If any portion of this arbitration agreement is found unenforceable, the unenforceable portion shall be severed, and the remaining arbitration terms shall be enforced (but in no case will there be a class arbitration). This paragraph controls over any inconsistent term in any other agreement.
You and Zumi Bike agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
This arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
Miscellaneous
These UGC Terms are personal to you and may not be assigned or transferred by you for any reason without our prior written consent. We may assign our rights and obligations under these UGC Terms to any other person, in whole or in part, without consent. Our failure to exercise, or any delay, forbearance, or indulgence in exercising any right, power, or remedy under these UGC Terms (in whole or in part) shall not operate as a waiver of that right, power, or remedy or preclude its exercise at any subsequent time or on any subsequent occasion. A person not party to these UGC Terms has no right to enforce any of these terms.
These UGC Terms contain all the terms agreed between you and Zumi Bike regarding the User Content and supersede any prior agreement, understanding, or arrangement between us, whether oral or in writing. The construction, validity, and performance of these terms shall be governed by the laws of the State of Texas, USA, and the parties submit to the exclusive jurisdiction of the courts of Texas to resolve any dispute arising under or in connection with these UGC Terms. If any court with jurisdiction rules that any provision of these UGC Terms is invalid, that provision will be removed without affecting the rest of the UGC Terms. The remaining provisions will continue to be valid and enforceable.
Any questions regarding these UGC Terms may be directed to care@zumibike.com.