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Terms of Service
1. ACCEPTANCE OF TERMS
Hotrodders provides its service to you, subject to the following Terms of Service, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms of Service at any time at: http://www.hotrodders.com/terms.html. In addition, when using particular Hotrodders services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.
2. DESCRIPTION OF SERVICE
Hotrodders currently provides users with access to a rich collection of on-line resources. Unless explicitly stated otherwise, any new features that augment or enhance the current services, including the release of new Hotrodders properties, shall be subject to the Terms of Service. You understand and agree that the services provided by Hotrodders are provided "AS-IS" and that Hotrodders assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the Hotrodders services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Hotrodders services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by Hotrodders registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hotrodders has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hotrodders has the right to suspend or terminate your account and refuse any and all current or future use of the Hotrodders services (or any portion thereof).
4. HOTRODDERS PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.hotrodders.com/privacy.html.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Hotrodders registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Hotrodders of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Hotrodders cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
Hotrodders does not guarantee the accuracy, integrity or quality of the content posted via its services. You understand that by using the Hotrodders services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Hotrodders be liable in any way for any content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Hotrodders services.
You agree to not use the Hotrodders services to:
a. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c.impersonate any person or entity, including, but not limited to, a Hotrodders official, submissions editor, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Hotrodders services;
e. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that 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;
i. interfere with or disrupt the Hotrodders service or servers or networks connected to the Hotrodders service, or disobey any requirements, procedures, policies or regulations of networks connected to the Hotrodders service;
j. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
k. You acknowledge and agree that Hotrodders may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Hotrodders, its users and the public.
You understand that the technical processing and transmission of the Hotrodders services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Hotrodders does not claim ownership of content you submit or make available for inclusion on the Hotrodders services. However, with respect to content you submit or make available for inclusion on publicly accessible areas of the Hotrodders services, you grant Hotrodders the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of Hotrodders, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Hotrodders service. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Hotrodders removes such content from the Hotrodders service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Hotrodders service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Hotrodders service solely for the purpose for which such content was submitted or made available. This license exists only for as long as you elect to continue to include such content on the Hotrodders service and will terminate at the time you remove or Hotrodders removes such content from the Hotrodders service.
With respect to content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Hotrodders service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed.
9. INDEMNITY
You agree to indemnify and hold Hotrodders, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Hotrodders service, your use of the Hotrodders service, your connection to the Hotrodders service, your violation of the Terms of Service, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Hotrodders service, use of the Hotrodders service, or access to the Hotrodders service.
11. MODIFICATIONS TO SERVICE
Hotrodders reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Hotrodders service (or any part thereof) with or without notice. You agree that Hotrodders shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Hotrodders service.
12. TERMINATION
You agree that Hotrodders, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Hotrodders service, and remove and discard any content within the Hotrodders service, for any reason, including, without limitation, for lack of use or if Hotrodders believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Hotrodders may also in its sole discretion and at any time discontinue providing the Hotrodders service, or any part thereof, with or without notice. You agree that any termination of your access to the Hotrodders service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Hotrodders may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Hotrodders service. Further, you agree that Hotrodders shall not be liable to you or any third-party for any termination of your access to the Hotrodders service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Hotrodders service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Hotrodders shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Hotrodders service.
14. LINKS
The Hotrodders service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Hotrodders has no control over such sites and resources, you acknowledge and agree that Hotrodders is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Hotrodders shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Hotrodders.com may monetize outgoing links using affiliate services via VigLink.
15. HOTRODDERS'S PROPRIETARY RIGHTS
You acknowledge and agree that the Hotrodders service and any necessary software used in connection with the Hotrodders service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Hotrodders service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Hotrodders or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Hotrodders service or the Software, in whole or in part.
Hotrodders grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Hotrodders service. You agree not to access the Hotrodders service by any means other than through the interface that is provided by Hotrodders for use in accessing the Hotrodders service.
16. DIGITAL MILLENIUM COPRIGHT ACT AND NOTIFICATION OF CLAIMS OF INFRINGEMENT
Hotrodders.com responds to notices of copyright infringement. If you believe that your work has been copied in a manner that constitutes copyright infringement, or if your intellectual property rights have been otherwise violated, please notify Hotrodders.com's copyright agent:
Jared K. Hassan
1035 Pearl Street, Suite 400
Boulder, CO 80302
In your notification, please provide the following:1. Identification of the copyrighted work that you believe has been infringed upon, or information sufficient to specify the copyrighted work being infringed.Please note that, in addition to forwarding your notice to the party who provided the allegedly infringing content, we may send a copy to a third party which may publish and/or annotate it. If you materially misrepresent a product or activity that is infringing on your copyrights, you will be liable for damages, including costs and attorney's fees. For example, see OPG v. Diebold, in which a company that sent an infringement notification seeking removal of items protected by the fair use doctrine agreed to pay over $100,000 in damages and legal fees. If you are uncertain as to whether your copyright is being infringed, we suggest you contact an attorney.
2. Identification of the material that you claim is infringing the copyrighted work identified in #1 above.
3. Your contact information.
4. The following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
5. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
6. Your signature.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOTRODDERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. HOTRODDERS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOTRODDERS OR THROUGH OR FROM THE HOTRODDERS SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOTRODDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HOTRODDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE HOTRODDERS SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.