Terms and conditions

1. Sign Up Information

1. The operator of this website is MTBIKER community s.r.o., 225, Hrádok 916 33, Slovakia, Company ID: 52770222 (hereinafter referred to as “the operator” or “we”).
2. This webpage is accessible from several domains: www.mtbiker.sk, www.mthiker.sk, www.mtbiker.cz, www.mthiker.cz, www.mtbiker.shop, www.mtbiker.at, www.mtbiker.hu, www.mtbiker.de, www.mtbiker.pl, www.mtbiker.ro, www.mtbiker.si or through other national domains. Other domains may have a different language version or varied functionality.
3. It is essential for visitors to create a user account in order to use the site to its full extent. This account allows the visitors to use the services mentioned in Article 3. Creation and management (operation) of the account is free of charge. User account can be also referred to as an account or a profile.
4. Single Sign-On is deployed within the Platform (hereinafter also "SSO"), which allows registered users to use all community and content sections, as well as the e-shop section operated by the Merchant, with a single login. If you switch from our Platform to the e-shop (using the same user account via SSO), the purchase is subject to E-shop T&C and the contractual relationship is established with the Merchant.

2. User Account Agreement

1. The creation of a user account (via SSO) and its subsequent management by the operator occurs on the basis of a contract (with content according to these GTC) between the Platform visitor and its operator..
2. A user account can be created, for example:
   1. when registering on the Platform by directly creating a user account via the form available in the header of the page,
   2. when adding a listing to the section or the bazaar section,
   3. when signing up to an event through the calendar,
   4. when making an order in the shop in accordance to E-shop T&C,
3. By agreeing to these terms of use, the visitor freely and seriously expresses their will to conclude a contract with the operator, based on which a user account will be created and subsequently managed according to these terms of use.
4. The contract is concluded for an infinite period and its termination is carried out according to article 7.
5. The contract according to this article regulates only the relationship between the Operator (Platform) and the User in the community and content parts. The purchasing relationship with the e-shop (Merchant) does not arise on the basis of these GTC, but on the basis of E-shop T&C.

3. Services Provided by Operator

1. The operator provides many services to registered users that are not accessible to other, not-registered visitors. Depending on the language and content version, these may be the following site content related services :
   1. An option to rate posts, discussion posts, comments, photos, events, trips and other content on this webpage,
   2. Option to add comments underneath posts, listings, products, events, cycling trips on this page,
   3. Option to add to the discussion forum, including photo upload,
   4. Option to add listings to the bazaar section.
   5. Option to add training records in Trips section and compare your performance with the community in the Rankings section,
   6. Option to plan, save and share routes in Cycle Routes section,
   7. Option to sign up for events in the Calendar section and an option to indicate participation in events.
2. The Platform has an integrated e-shop section (purchase of goods, creation of orders, loyalty systems, etc.), the Operator of which is a different entity, the Merchant, depending on the country of delivery. The use of the e-shop is possible through a common SSO login, which provides convenient access, but legal responsibility (orders, payments, complaints, withdrawal from the contract) belongs to the Merchant according to their separate E-shop T&C. The e-shop section may include, for example, the following functionalities:
   1. customer account with a list of the user's orders, including their current status, the possibility of returning and complaining about goods, and the possibility of contacting customer support
   2. the ability to create shopping lists for easy storage of desired products and tracking their availability
   3. a loyalty system that rewards registered users for their loyalty and activity on the site with loyalty discounts
   4. or personalized recommendations and improved search in the e-shop based on previous purchases and content viewed on the site.
3. The availability, functionality and the list of these services may change over time and the operator has a right to restrict or cancel some of the services, if the operator cannot offer them any further due to operational reasons.
4. When providing services we're guided by the feedback from our users, but it isn't always possible to satisfy everyone. We always try to find a solution that suits the majority of our users..
5. We try to be as objective as we can when it comes to our articles and submissions, however, every article is the subjective opinion of its author and may not match the opinion of the operator.

4. Stored User Data

1. For the purposes of the community and content sections of the Platform, the Operator processes various types (see below) of data of registered users, some of which is personal data, e.g.:
   1. email address as a unique identifier,
   2. common contact details (first name, last name, or nickname)),
   3. IP address and cookies (if privacy protection allows)),
   4. all comments, discussion posts, listings, photos, or trips that the user uploads,
   5. account settings (notifications, filters, language preferences, etc.).).
2. For the purposes of data processing in the e-shop, the Merchant may request and process data necessary for processing orders or loyalty systems (e.g. billing data, purchase history) and various other data in the sense of E-shop T&C.
3. Detailed information on how the operator (Platform) handles personal data in the community and content sections can be found in the document Privacy.
4. All data associated with a user account within SSO can be shared between the operator and the Merchant at a technical level (e.g. for login verification). However, each entity processes this data for its own corresponding purpose according to its own conditions. (Platform operator for community and content purposes; Merchant for the purposes of purchasing in the e-shop and related legal relationships)
5. Registered user can view data saved in their user account in account settings. In this section, the user can change their contact details and privacy settings, notifications and other parameters of the site and account. The user can withdraw from the contract concluded under Article 2 and delete the user account under Article 7 of these general terms and conditions of the VP in the account settings..

5. Rules and Regulations for Registered Users

1. Any individual above the age of 16 can become a registered user. Individuals below 16 can be registered only after sending their legal guardian's consent in written form to the address [email protected].
2. Each individual can have no more than one user account at a time..
3. Any content, which was added to the page by a registered user, can be deleted by the operator, if it fulfills one or more of the following traits:
   1. The post is rude, racist, extremist or otherwise hateful or implies so.,
   2. The post violates the law or urges to violate the law,
   3. The post contains or refers to pornography,
   4. The post infringes on the copyright of a third party,
   5. The post is an ad or spam,
   6. If the post bothers other registered users, they can report it or mark it as poor quality or offensive.
4. All articles, videos, photos, discussion posts, comments and other materials uploaded to the site by users are their own opinions and not those of the operator. The operator is not responsible for the content of these materials, nor for damages or injury that may arise from the publication of these materials on the site.
5. All articles, videos, photos, discussion posts, comments and other materials added to this page must be a direct manifestation of the registered user's personality, the registered user's author's work, or the registered user must have an adequate license for them. In the event of a violation of copyright, personal or basic human rights (in particular privacy rights, personality rights or the right to protect personal data) of a third party, we can demand compensation from the registered user for possible damages that might result from claim enforcement of the third party affected by the illegal actions of the registered user, towards us, as the website operator.
6. The operator is not able to proactively check the identity of users or the content they add to the site. Registered users therefore have the tools to report harmful or illegal content, which the provider can subsequently remove from the site.
7. Individual sections of the webpage can have their own rules and regulations, and it is mandatory for users to follow them when contributing to these respective sections.
8. The list of rules and conditions can change over time, can be added to or be further specified, in order to protect intellectual property, due to changes in law and to reflect community needs.
9. Violation of these rules and regulations may result in temporary or permanent restriction of some of the provided services. In case of repeated or serious violations, the provider has the right to terminate the contract (block or remove the user account) or block the visitor from accessing the site.

6. License agreement

1. By adding a discussion post, article, listings, comment, trip, photo or other material to the relevant section of the Platform, the User grants the Operator, in the event that such output should be the subject of intellectual property, a non-exclusive licence to use the work (i.e. the relevant output representing the subject of intellectual property), if necessary for the purposes of display on the Platform and its other channels, or the Operator's social networks..
   In such a case, the licence is granted free of charge (the consideration is considered to be the possibility of using the Platform's functionalities) and is valid for the entire duration of the author's property rights to the work or until the cancellation of the user's account or profile, while the operator may also retain the content in an anonymized form after this time (unless otherwise specifically agreed with the User). In connection with the above, it applies that the licence is granted in an unlimited (territorial) scope, with the possibility of granting a sublicense to a third party by the Operator and with the possibility of the Operator deciding to remove the work from the Platform if the work violates the rules under these GTC..
2. If the discussion post, article, listing, comment, trip, photograph, audio-visual recording or other material that the user has added to the Platform is not a work of authorship or an intellectual property object, taking into account the principles according to the previous paragraph, the User acknowledges that by adding a post to the Platform, they express their consent to the use of the expression of their personality or personal nature in a manner consistent with the purposes and objectives for which the Platform is operated (see the introduction to these terms and conditions).).
   Preservation of content and logical continuity within discussions are key to achieving these goals, and therefore, by adding a contribution, the User agrees that all (if possible and the Operator is interested) their contributions to the content side will remain preserved on the Platform even after the User decides to delete their user account, but only in anonymized form, i.e. in such a way that they cannot be linked to the user's person or to the identity that the User has created on the Platform..

7. Contract Termination

1. The contractual relation between the user and the operator, or the contract concluded acc. to Article 2 between registered user and operator, can be terminated at any point in time by means of the section Account settings by pressing the Delete account button.
   1. After confirming the deletion of the account, the Operator will delete all personal data of the User (except for data that must be stored on a legal basis or legitimate interest) processed for a purpose other than managing the user account) and anonymize or remove the link between the content that the user has added to the site and his user account or his identity..
   2. The Operator is not able to automatically delete the User's personal data if they are contained in content (text) that the User has added to the site independently. The User has the right to request manual deletion of personal data (or their anonymization) at any time after the termination of the contract via an email message to [email protected], where they identify specific content, which contains their personal data.
   3. The operater has 30 days to delete personal data from backup.
   4. The Operator may unilaterally terminate the contract (block or delete the account) if the User repeatedly or grossly violates these GTC..
   5. Deleting an account on the Platform may not automatically mean deleting all data in the e-shop. Personal data in the e-shop is processed (including the possibility of deleting it) according to E-shop T&C.
2. The contractual relationship between the registered User and the Operator, or the contract concluded pursuant to Article 2 between the registered Uand the Operator, may be unilaterally terminated by the Operator in the event of a repeated or serious violation of the account rules and/or obligations of the registered User (as defined in Article 5) by the registered User..

8. Final provisions

1. These TOS shall become effective and enforceable on December 31st, 2024 and shall apply to all user accounts created after that date. They shall also apply to older accounts if the user continues to use the Platform..
2. The Operator is entitled to update these Terms of Use, in particular due to legislative changes, technical developments or changes in the service offer. The changes will be published on the Platform and in the event of significant changes, the User will be informed of them (e.g. by email).).
3. Legal relations between the Operator and the User are governed by the law of the Slovak Republic and any disputes are resolved by the courts of the Slovak Republic..
4. The contractual relationship between the registered User and the Operator, or the contract concluded pursuant to Article 2 between the registered Uand the Operator, may be unilaterally terminated by the Operator in the event of a repeated or serious violation of the account rules and/or obligations of the registered User (as defined in Article 5) by the registered User..