TERMS OF USE AGREEMENT
Read This Terms of Use Agreement
Before Accessing Website
Effective Date: This
Agreement was last updated on May 28, 2006.
This Agreement sets forth the
standards of use of the Car-Parazzi.com website (“Site”).
By using this Site, you (the “Member”) agree to these terms and
conditions. If you do not agree to these terms and conditions,
you should immediately cease usage of this Site. We reserve the
right to modify, alter, or update this Agreement without prior notice.
Modifications shall become effective immediately upon being posted on
this Site. Your continued use of this Site constitutes an acknowledgement
and acceptance of this Agreement. The term “Content” shall
encompass videos, photos, captions, and all other written and pictorial
content sent by Member to Site.
Car-Parazzi.com is providing
Members with the ability to view Content, upload Content, and participate
in contests, discussions and forums relating to cars and car-related
matters. Member must provide (1) all equipment necessary for their
own Internet connection, including computer and modem and (2) provide
for Member’s access to the Internet, and (3) pay any fees relating
to such connection. Member understands that Car-Parazzi.com has
the right to allow advertisers and sponsors on the Site, and the choice
of advertisers and sponsors and the content of their message is at the
sole discretion of Car-Parazzi.com.
Pornography, illegal, illicit
or immoral activities are not allowed on this Site. Car-Parazzi.com
reserves the right to define what is pornography, illegal, illicit or
immoral activities for any media stored in this service and may without
notice to you remove such Content at our discretion.
Car-Parazzi.com may and without
warning to you remove materials, services, or media you have stored
from our system for any reason. Car-Parazzi.com is allowed to
modify your Content in such a way to be optimized for delivery service
reasons or advertising insertion. Car-Parazzi.com will make every
attempt to provide an enjoyable quality service and is allowed to make
changes to the system and to your hosted Content to insure this objective.
Car-Parazzi.com only accepts
photos and videos which were taken by Member or of which copyright Member
owns. If someone claims a Member is infringing on their copyrights
or trademarks, Car-Parazzi.com may and without warning to Member remove
such Content.
By submitting your videos and/or
photos to this Site, you assign Car-Parazzi.com a non-exclusive, perpetual,
irrevocable, royalty-free, worldwide sub-licensable right and license
to use, copy, adapt, publish, transmit, distribute, perform, display,
reference, index and cache, in any form, medium or technology now known
or later developed, your Content and any materials you submit to us,
in whole or in part. Additionally, you hereby grant (and warrant
that the owner of such rights has expressly granted) to Car-Parazzi.com
and our affiliates, distribution partners and third party service providers,
the sub-licensable right to distribute, sell or display your Content.
This right includes the right to incorporate and assemble your Content
into one or more collective works.
Excluding Member Content,
Car-Parazzi.com owns all right, title and interest, including without
limitation all intellectual property rights, and all derivative works
or enhancements thereof, relating to the Site and the Car-Parazzzi.com
Content (and any derivative works or enhancements thereof). Site
designs, text, graphics, interfaces, and the selection and arrangements
thereof is ©2006 Car-Parazzi.com, with all rights reserved. Any
use of materials on this Site, including reproduction for purposes other
than those noted above, modification, distribution, or replication,
any form of date extraction or data mining, or other commercial exploitation
of any kind, without prior written permission of an authorized officer
of Car-Parazzi.com is strictly prohibited. Members agree that
they will not use any robot, spider or other automatic device, or manual
process to monitor or copy our web pages or the content contained therein
without prior written permission of an authorized officer of Car-Parazzi.com.
Car-Parazzi.com ™ is
proprietary marks of Car-Parazzi.com. Car-Parazzi.com’s trademarks
may not be used in connection with any product or service that is not
provided by Car-Parazzi.com, in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits Car-Parazzi.com.
All other trademarks displayed
on Car-Parazzi.com’s website are the trademarks of their respective
owners, and constitute neither an endorsement nor a recommendation of
those Vendors. In addition, such use of trademarks or links to
the websites of Vendors is not intended to imply, directly or indirectly,
that those Vendors endorse or have any affiliation with Car-Parazzi.com
This Site is provided by Car-Parazzi.com
on an “as is” and on an “as available” basis. To the fullest
extent permitted by applicable law, Car-Parazzi.com makes no representations
or warranties of any kind, express or implied, regarding the use or
the results of this website in terms of its correctness, accuracy, reliability,
or otherwise. Car-Parazzi.com shall have no liability for any
interruptions in the use of this website. Car-Parazzi.com disclaims
all warranties with regard to the information provided, including the
implied warranties of merchantability and fitness for a particular purpose,
and non-infringement.
Car-Parazzi.com shall not be
liable for any damages whatsoever, and in particular Car-Parazzi.com
shall not be liable for any special, indirect, consequential, or incidental
damages, or damages for lost profits, loss of revenue, or loss of use,
arising out of or related to this website or the information contained
in it, whether such damages arise in contract, negligence, tort, under
statute, in equity, at law, or otherwise, even if Car-Parazzi.com has
been advised of the possibility of such damages. In addition,
Car-Parazzi.com is under no obligation to mediate or otherwise become
involved in any dispute between Member and copyright holders, or other
participants of this site.
Member agrees to indemnify
and hold Car-Parazzi.com, its parents, subsidiaries, affiliates, officers
and employees, harmless from any claim or demand, including reasonable
attorneys’ fees and costs, made by any third party due to or arising
out of Member’s use of this Site, the violation of this Agreement,
or infringement by Member, or other user of this Site using Member’s
computer, of any intellectual property or any other right of any person
or entity.
All Members of the Service
shall receive a password and an account. Members are responsible
for all activities which occur under their account whether authorized
or not. Member agrees to notify Car-Parazzi.com of any unauthorized
use of Member’s account or any other breach of security known or should
be known to Member. Member’s right to use this Site is personal
to Member. Member agrees not to sell or make any commercial use
of the Service without the express written consent of Car-Parazzi.com.
Car-Parazzi.com reserves the
right to modify or discontinue this Site without notice to the
Member. Car-Parazzi.com shall not be liable to Member or any third
party should we exercise our right to modify or discontinue service.
Member acknowledges and accepts that Car-Parazzi.com does not guarantee
uninterrupted or secure access to our Site, and that operation of our
Site may be interfered with by numerous factors outside of our control.
Our website may include links
to other sites that are owned and operated by online merchants and other
third parties. Member acknowledges that we are not responsible
for the availability of, or the content located on or through, any third-party
site. Member should contact the site administrator or webmaster
for those third-party sites if you have any concerns regarding such
links. Your use of those third-party sites is subject to the terms
of use and privacy policies of each site, and we are not responsible
therein.
Product specifications and
other information have either been provided by the Vendors or collected
from publicly available sources. While Car-Parazzi.com makes every
effort to ensure that the information on this Site is accurate, we can
make no representations or warranties as to the accuracy or reliability
of any information provided on this Site. Car-Parazzi.com makes
no warranties or representations whatsoever with regard to any product
provided or offered by any Vendor, and you acknowledge that any reliance
on representations and warranties provided by any Vendor shall be at
your own risk.
Our Site is operated in the
State of California, and as such the laws of California will govern
this Agreement. We make no representation that our Site or services
are appropriate, legal or available for use in other locations.
If you choose to access our Site you agree to do so subject to the laws
of the State of California.
Member assumes all knowledge
of applicable law and is responsible for compliance with such laws.
Member may not use this Site in any way that violates applicable state,
federal, or international laws, regulations or other government requirements.
Member agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national, or international
law or regulation.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Car-Parazzi.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By email: admin@car-parazzi.com. Attention: Copyright Infringement.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by Car-Parazzi.com, on our sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.