BIKEIOWA is a Web site, but it in the grand scheme of things, it’s a
service (called the “Service” hereafter) designed to make your life
better. The Service is operated by the BIKEIOWA Community; instead of
repeating that name over and over, it may be shortened to “BIKEIOWA ,” “we”
or “our.” By using the Service, you are agreeing to be bound by these
not to get mad. But in that case, you may not use the Service.
Just like your local community, BIKEIOWA is growing and changing every day,
However, we’ll always let you know when the latest update occurred—just
check the “Effective Date” on the bottom of this page. If you keep using
the Service afterward, we assume that you have accepted the new Terms
Use of the Service
You may use this Service solely for personal and non-commercial
purposes. That is to say: You can’t use the Service to make a living
unless you enter into a separate agreement with us that says you can.
Keep in mind that all applicable laws, rules and regulations and any
agreements or terms with third parties to which you are subject still
apply. If you want to use the Service in any other manner, you are
required to obtain a separate agreement between you and BIKEIOWA or our
prior written consent.
In order to comprehensively cover your community, the Service contains
information on businesses, establishments, public services and other
third parties, as well as news, feature stories, images, video, audio
and other materials. The Service may provide you with other ways to
access and use such information and materials—for instance, we give you
the option to receive our emails and bookmark our items in other social
networking services. Although we try our best to ensure everything
passes muster, BIKEIOWA makes no guaranty that such information is accurate
and your use of the information we provide is at your own risk. If you
think something looks fishy, please let us know. You agree that you will
not hold BIKEIOWA liable for any inaccurate, incomplete, outdated or
missing information on the Service.
We want everyone to enjoy BIKEIOWA , so you may use the Service without
registration (ie, signing up with a email address and password).
However, in order to access some aspects of the Service, you will need
to register for an account. Your account is for your sole, personal use.
You may not allow others to use your account and you may not assign or
otherwise transfer your account to any other person or entity. (If
another person or entity wants an account, they can easily sign up
themselves.) BIKEIOWA believes in transparency, and we ask that all your
registration information be truthful. You may not use any aliases or
other means to mask your true identity. You are responsible for the
security of your password and will be solely liable for any use or
unauthorized use under such password. Therefore, if you share a computer
with others, don’t allow your Internet browser to automatically save
your password. Also, don’t write your password on a Post-It note and
leave it on your desk for all to see.
Your License to BIKEIOWA
BIKEIOWA is built to let you do fun things such as share and upload photos,
events, news, text, and other information (all of which we call "Content").
When you do this, you own that Content. However (and here comes some
legalese), you hereby grant BIKEIOWA a perpetual license to use, redact,
republish, copy, perform and distribute your Content and screen name,
including any intellectual property contained therein, in any medium now
known or hereinafter developed without payment or compensation to you
and without seeking any further approval from you. We may further use
your name, likeness, publicly accessible biographical data and any other
information in connection with such use of the Content. You acknowledge
that our use of your Content may include licensing such Content to
third parties and/or using such Content for advertising purposes. In no
event shall we be required to seek your approval or provide you with any
compensation in connection with such uses. You acknowledge that nothing
contained within your Content would require us to seek permission of a
third party in order to use the Content as described in these Terms of
Use. All that may sound like a lot, but these rights are primarily
designed to give us legal protection—we're not looking to go into the
“you business” (as they say in Hollywood).
Acceptable Use Policy
Communities thrive when people care about each other, and as such, BIKEIOWA
expects all of its users to be respectful of others. If you notice any
violation of this Acceptable Use Policy or other unacceptable behavior
by any user, please report it to
You are solely responsible for the Content that you post on the Service
or transmit to other users. By using the Service, you agree that you
will not hold BIKEIOWA responsible or liable for any Content from other
users that you access on the Service.
While we encourage people to be honest and post what’s on their mind,
there are some types of Content that we simply can’t allow on BIKEIOWA .
We’ll go over some of the prohibited items below, but these are merely
examples and the list is not intended to be exhaustive.
We understand that everyone has different opinions, but BIKEIOWA will make
the sole determination as to whether Content is acceptable for the
Service. (Someone has to be in charge, right?) Without limitation, you
agree that you will not post or transmit to other users anything that
contains Content that:
is defamatory, abusive, obscene, profane or offensive;
infringes or violates another party's intellectual property rights
(such as music, videos, photos or other materials for which you do not
have written authority from the owner of such materials to post on the
violates any party’s right of publicity or right of privacy;
is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
promotes or encourages violence;
is inaccurate, false or misleading in any way;
is illegal or promotes any illegal activities;
promotes illegal or unauthorized copying of another person's
copyrighted work or links to them or providing information to circumvent
contains “masked” profanity (e.g., F@&#)
contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment; or
contains any advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of
Instead of trying to memorize all that, you might boil it down to three
main policies: “Keep it clean,” “Don’t try to trick people,” and “Treat
others as you’d like to be treated.” Easy, right?
We do our best to keep tabs on what is posted on the site, however BIKEIOWA
is under no obligation to screen or monitor Content, but may review
Content from time to time at its sole discretion to determine compliance
with this Acceptable Use Policy. BIKEIOWA will make all determinations as
to what Content is appropriate at its sole discretion. We may include,
edit or remove any Content at any time without notice.
Variety is the spice of digital life, so understand that when using the
Service, you will be exposed to Content from a variety of sources and
that BIKEIOWA is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such Content. And just
like when you visit any Internet site, by using BIKEIOWA you acknowledge
that you may be exposed to Content that is inaccurate, offensive,
indecent or objectionable. If you object to this possibility, you should
not use the Service.
In keeping with our “Don’t trick anyone” request, you may not use
spiders, robots, data mining techniques or other automated devices or
programs to catalog, download or otherwise reproduce, store or
distribute content available on the Service. Further, you may not use
any such automated means to manipulate the Service or attempt to exceed
the limited authorization and access granted to you under these Terms of
Use. You may not resell use of, or access to, the Service to any third
As much as we love a good haggle, we stay out of transactions in our
classifieds. Transactions are solely between buyers and sellers, and
BIKEIOWA does not review or confirm classifieds. You agree that any
dispute between you (as the buyer or seller of any item) and another
party with whom you interact as a result of the Classifieds does not
involve BIKEIOWA , and you hereby release BIKEIOWA from any claims and agree to
indemnify BIKEIOWA from any claims based on your acts or omissions. So
play nice and leave us out of your transactions.
Some categories of classifieds require a fee, as specified when you place the classified. Fees are non-refundable -- sorry.
Many laws and regulations in various jurisdictions regulate the types of
goods and services bought, sold, or exchanged in those jurisdictions,
as well as the manner in which they are bought, sold, or exchanged. If
you post a classified on BIKEIOWA , you are responsible for complying with
such laws and regulations. And you wouldn’t want to be a law-breaker,
now, would you?
Because we care, below for your convenience is a partial list of prohibited items:
Obscene material or pornography.
Offer or solicitation of illegal prostitution.
Weapons, explosives, fireworks, and related items.
Controlled substances or illegal drugs, substances and items used to manufacture controlled substances, and drug paraphernalia.
Prescription drugs and medical devices.
Blood, bodily fluids, or body parts.
Restricted or regulated plants and insects.
Pesticides or other hazardous substances.
Illegal telecommunications equipment.
Stolen property, or property with serial number removed or altered; burglary tools.
False identification cards, items with police insignia, citizenship documents, or birth certificates.
Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them.
Material that infringes copyright.
Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information
If you see a classified that violates these Terms or any applicable law, please use our 'Contact' form to report it.
And remember, folks: you can never be too careful with your money. Watch out for scams. Take these basic safety precautions:
Meet the seller/buyer in person
Meet them in a public place or bring a friend
Examine the item before you buy
Keep the payment simple; prefer cash
Limit personal information
If the offer seems too good to be true, it probably is
Termination of Access
We want to keep BIKEIOWA a safe and friendly place, so in addition to any
applicable law, we may suspend, limit or terminate your account, or all
or a portion of your access to the Service, at any time with or without
notice and with or without cause. In addition, we may refer any
information on illegal activities, including your identity, to the
proper authorities. Including the police and/or your parents.
The privacy of your personally identifiable information is very
important to us. For more details on what information we collect and how
we use it, please read our
In order to provide you with as much relevant information as possible,
the Service may contain links to other web sites not maintained by us.
The links may include listings that provide you with further
information, or links that have been included in materials uploaded to
the Service by a party other than BIKEIOWA. Be aware when you leave our
Service and read the terms and conditions and privacy statements of each
and every web site you visit, even if they are not as charming as ours.
We are not responsible for the practices or the content of such other
web sites or services. Despite any links that might exist on the
Service, we do not endorse and are not affiliated with such third
Our Proprietary Rights
We work hard on our materials and (surprise) require that you don’t
steal them. BIKEIOWA or its licensors are the exclusive owners of all copy,
software, graphics, designs and all copyrights, trademarks and other
intellectual property or proprietary rights contained on or used in
connection with the Service. Except as set forth herein, you agree not
to copy, distribute, modify or make derivative works of any materials
without the prior written consent of the owner of such materials. All
you want to use something but think it might belong to us, please ask
before taking it.
Ah yes, lawyers will definitely love this section: THE SERVICE,
INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE,
IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT
CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER
THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT
LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY
THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT,
CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES,
LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY,
PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY
EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(Sorry to yell at you.)
Back to our inside voice: If any part of these warranty disclaimers or
limitations of liability is found to be invalid or unenforceable for any
reason, or if we are otherwise found to be liable to you in any manner,
then our aggregate liability for all claims under such circumstances
for liabilities, shall not exceed the lesser of (i) the amount paid by
you for your use of the Service during the prior twelve (12) months or
(ii) ten dollars ($10).
We made these Terms for a reason. Therefore, we can’t be held responsible
if you disregard them. You agree to defend, indemnify and hold harmless
BIKEIOWA, its officers, directors, employees, business partners, members and
agents, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not
limited to attorney's fees) arising from: (i) any breach by you of any
features available on the Service (except to the extent a claim is
based upon infringement of a third party right by materials created by
BIKEIOWA) or (iv) a violation by you of applicable law or any agreement or
terms with a third party to which you are subject.
Because the BIKEIOWA HQ is located in Iowa, we have to play by Iowa's
rules. That’s why the laws of the State of Iowa shall govern
JURISDICTION AND VENUE IN THE COURTS LOCATED IN POLK COUNTY, IOWA
YOUR ACCESS OR USE OF THE SERVICE. Whoa, there we go again with the
Any claims asserted by you in connection with the Service must be
asserted in writing to BIKEIOWA within one (1) year of the date such claim
first arose, or such claim is forever waived by you. Each claim shall be
adjudicated individually, and you agree not to combine your claim with
the claim of any third party.
Digital Millennium Copyright Act ("DMCA") Notice
Materials may be made available via the Service by third parties not
within our control. That is to say, we can’t control what other people
post. We are under no obligation to, and do not, scan content used in
connection with the Service for the inclusion of illegal or
impermissible content. However, we respect the copyright interests of
others, and it is our policy not to permit materials known by us to
infringe another party’s copyright to remain on the Service.
If you believe any materials on the Service infringe a copyright, you
should provide us with written notice that at minimum contains:
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted 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 us to locate the material;
Information reasonably sufficient to permit us to contact the
complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which the complaining party may
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
Please let us know about copyright issues by sending all DMCA notices to our designated agent as follows:
It is our policy to end relationships with third parties who repeatedly
infringe the copyrights of others. It’s a lot more fun to be original,
invalid or unenforceable for any reason by any court of competent
jurisdiction, such provision shall be ineffective but shall not affect
of the Terms is judged unsound, the rest still apply.
One last bit for all the lawyers out there: The failure by us to
partially or fully exercise any rights or the waiver of any breach of
such right by us or be deemed a waiver by us of any subsequent breach by
of any such right or remedy shall not limit our right to exercise any
other right or remedy.
but don’t get caught, that doesn’t mean it’s OK, it just means we
didn’t catch you. There’s still a perfectly good chance that we will
catch you the next time and it won’t be OK.
Effective Date: March 1st 2000.