User Generated Content Policy

Thank you for tagging / using our locations in your posts 😊

Here is a summary of our User Generated Content Policy for quick reference. Please make sure to read the complete policy below and understand that you are agreeing to all of the terms and conditions outlined in the policy.

By submitting your photos, videos, media, comments, or any other information to Sky High Ride via hashtag, social media posting, email, website upload, text message, or any other means, you acknowledge that:

• You are giving Sky High Ride worldwide license to use the Content on Sky High Ride’s websites, e-mails, advertisements, social media channels, and in all other media, including for promotional purposes, without compensation.
• You are giving Sky High Ride an unlimited license to use your name and image and other biographic material in conjunction with the Content.
• You own the rights to your submission and have obtained rights from any third parties.
• The Content is appropriate for a family audience and is in no way inappropriate, harmful, threatening, abusive, or defamatory.
• You are releasing Sky High Ride from any liability, and you promise not to sue or file a claim against Sky High Ride for its use of the Content as described in this policy.
• When you transmit, upload, post, e-mail, or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages, or other materials (“User Content”) on or to Sky High Rideshop.com or any other website, microsite, or any other internet property owned, operated, or sponsored by Sky High Ride (collectively, “Sky High Ride Web Properties”), you are entirely responsible for such User Content. Such User Content constitutes a Submission as defined below.
• This means that you, and not Sky High Ride or its affiliates (collectively, “Sky High Ride”), are entirely responsible for all User Content that you post to any Sky High Ride Web Properties.
• All users of Sky High Ride Web Properties agree that their access to and use of any Sky High Ride Web Properties are subject to this User Generated Content Policy and all applicable laws, and that any such access or use is undertaken at the user’s own risk.
• The terms of this User Generated Content Policy are subject to change at any time without prior notice.
• Any such changes will be reflected on the User Generated Content Policy page of the Sky High website here: https://sky-hiride.capetown/user-generated-content-policy/

PLEASE READ THIS POLICY CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. WHEN YOU SEND THE HASHTAG #SKYHIGHRIDE OR TAGGED LOCATION OF THE RIDE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS USER GENERATED CONTENT POLICY.

PLEASE NOTE THAT THIS POLICY CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS TO SUE UNDER THIS POLICY.

Any inquiries, feedback, suggestions, ideas or other information or User Content you provide us, including but not limited to submitting your name, social media handle, any accompanying text, video, or images from your Twitter™, Instagram™, Facebook™, or other social media site account(s), using hashtag #SkyHighRide, (each a “Submission” and collectively, “Submissions”) will be treated as non-proprietary and non-confidential. For good and valuable consideration, the receipt and sufficiency of which hereby is acknowledged, by uploading, posting, e-mailing, or otherwise submitting Submissions to any of the Sky High Ride Web Properties, you grant, and you represent and warrant that you have the right to grant, to Sky High Ride an irrevocable, perpetual, non-exclusive, royalty-free, worldwide, unlimited license to make, use, sublicense, copy, distribute, modify, perform, and to prepare derivative works or otherwise exploit the Submissions, or any portion thereof, in any manner (including without limitation promotional and advertising purposes) in any and all media now known or hereafter devised, and to grant and authorize sub-licenses of the foregoing without any compensation to you or to any third party.

You also acknowledge that your Submissions will not be returned and Sky High Ride may use your Submissions, and any ideas, concepts, or know-how contained therein, without payment of money or any other form of consideration, for any purpose including advertising, promotional, marketing, publicity, trade or commercial purposes, without attribution, and without the requirement of any permission from, or payment to you or to any other person or entity.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. By making a Submission, you hereby warrant that your Submission is your original creation, has not been copied, recreated, reproduced, previously published, derived from or otherwise taken in whole or in part from any other work and the Submission does not infringe the intellectual property, privacy, or publicity rights, or any other legal or moral rights, of any third party, or violate any applicable laws or regulations. You also warrant and represent that each person in the Submission has given their written permission and consent to be included in the Submission and displayed publicly on Sky High Ride Web Properties and other Sky-High Ride social media sites and marketing materials and advertising and that you shall furnish such permission and consents promptly to Sky High Ride upon request. You agree to indemnify Sky High Ride and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission. You further agree to indemnify and hold Sky High Ride, its officers, directors, agents, and employees (collectively, the “Releasees”) harmless from any and all claims by any third party against any of the Releasees (and related damages, expenses, costs, including reasonable attorney’s fees, liabilities, verdicts, judgments and settlements) arising out of use of a Submission or any breach of your representations herein, including but not limited to claims of infringement or violation of trademark, copyright, or other intellectual property rights, rights of publicity, or rights of privacy. Upon transmittal of Submission you hereby release Sky High Ride and Releasees from, and irrevocably waive, any and all claims that our use of your photo with or without your name, including but not limited to use on Sky High Ride Web Properties, infringes or violates my rights in your Submission or any work or material contained in your Submission.

Instagram™, Twitter™, Facebook™, TikTok™ and other similar social media forums are registered trademarks of their respective companies and not affiliated with Sky High Ride or Sky High Rideshop.com. Any Submission via these or other similar social media sites are subject to all rules and regulations of such sites. If you choose to submit your photo via mobile phone, standard data rates may apply.

You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on Sky High Ride Web Properties, User Content that: is, or which encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; you do not have a right to make available under any law or under contractual or fiduciary relationships; is known by you to be false, inaccurate, or misleading; you were compensated for or granted any consideration by any third party; contains restricted or hidden content; or infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party.

While Sky High Ride allows users to post User Content, including images and comments, to Sky High Ride Web Properties, you should be aware that User Content may not be reviewed by Sky High Ride before posting and does not necessarily reflect the views of Sky High Ride.

All User Content must be appropriate for a family audience. Any User Content may be removed by Sky High Ride from Sky High Ride Web Properties at any time and for any reason.

When you submit, post, or otherwise transmit User Content to any Sky High Ride Web Properties you alone are responsible for ensuring you have the rights to post that User Content, including, but not limited to, any copyright rights to images or music, and the right to publish the images of the people or items included in the User Content.

You acknowledge and agree that any User Content posted to any Sky High Ride Web Properties may be used by Sky High Ride for commercial purposes and may be copied or exported from any of Sky High Ride Web Properties and published elsewhere on the internet, including on any social media sites, or otherwise so please exercise discretion in deciding what to post on any of Sky High Ride Web Properties.

You acknowledge and agree that Sky High Ride has no control over User Content once it leaves Sky High Ride Web Properties, and it is possible that others may duplicate material found on Sky High Ride Web Properties, including, but not limited to, on other sites on the Internet, including on any social media sites, so please exercise discretion in deciding what to post on any of Sky High Ride Web Properties.

You further agree not to post any content or mechanism that attempts to gain access to restricted areas of any of Sky High Ride Web Properties, collect or solicit passwords or personal information from other users, or engage in commercial activities via any of Sky High Ride Web Properties.

In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally or unintentionally violate any applicable local, state, national or international law; or collect or store personally identifiable data about other users.

Sky High Ride does not endorse or control the User Content transmitted or posted on Sky High Ride Web Properties and therefore, Sky High Ride does not guarantee the accuracy, integrity or quality of User Content. You understand that by using this, or any other of Sky High Ride Web Properties, you may be exposed to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will Sky High Ride be liable in any way for any User Content, including, without limitation, any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via Sky High Ride Web Properties.

You acknowledge that Sky High Ride has the right – though not the obligation – in our sole discretion to refuse to post or remove any User Content and it reserves the right to change, condense, edit, modify, transmit, display, or delete any User Content and you waive any rights you have in having the material altered or changed in a manner not agreeable to you. Without limiting the generality of the foregoing or any other provision of the Terms and Conditions, Sky High Ride has the right to remove any User Content that violates this User Generated Content Policy or is otherwise objectionable and, solely as to the posting of content, it reserves the right to terminate access to submit User Content to Sky High Ride Web Properties without prior notice for any user who violates this User Generated Content Policy or infringes the rights of others. Please note that any such termination will not affect your ability to make purchases, returns, or otherwise interact with the services Sky-High Ride provides.

• Sky High Ride may, at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe upon the copyright rights of others.

• If you believe that your work has been copied and is accessible on a Sky High Ride Web Property in a way that constitutes copyright infringement, you may notify Sky High Ride here: https://sky-hiride.capetown/  

• A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

•  A description of the copyrighted work claimed to have been infringed, or if multiple copyrights works at a single online site are covered by a single notification, a representative list of such works at that site.

•  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Sky High Ride to locate the material.

•  Information reasonably sufficient to permit Sky High Ride to contact the complaining party, such as an address, telephone number, and an electronic mail address at which the complaining party may be contacted.

•  A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

•  A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Sky High Ride may, in appropriate circumstances, delete or block an account holder or subscriber to a Sky High Ride website if he or she is a repeat infringer. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Sky High Ride’s DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.

While Sky High Ride strives to make Sky High Ride Web Properties safe and positive places, they remain public forums, and other users may attempt to obtain personal information about you in order to harass or injure you.

By using the Sky High Ride Web Properties you acknowledge and agree that Sky High Ride is not responsible for others’ misuse of information publicly disclosed here. Please carefully select the type of information that you post or share, and report any abuses to us.

If you choose to visit Sky High Rideshop.com, your visit and any dispute over User Content is subject to this User Generated Content Policy, our Privacy Policy and our Terms of Use, including limitations on damages, resolution of disputes, and application of the law of the state of California. If you have any concern about privacy at Sky High Rideshop.com, please contact us with a thorough description, and we will try to resolve it. Our business changes constantly, and our user generated content policy, privacy policy, and the terms of use will change also. We may e-mail periodic reminders of our notices and conditions, but you should check our web site frequently to see recent changes. Unless stated otherwise, our current user generated content policy applies to all submissions.