TERMS OF SERVICE
MotorCities.com, Inc. and its affiliates, successors, parents, subsidiaries, assigns, licensees, and designees (collectively and individually "MotorCities") encourages and promotes the MotorCities web sites (the "Service") as an environment that fosters the free-flowing exchange of ideas that interest motoring enthusiasts and participation among its members. Members should thus feel free to express themselves. However, Members should keep comments and contributions within the community values of the Service and must comply with applicable laws and these terms of service (the "Terms of Service").
The Service is provided by MotorCities to you ("the user" or " Member"), subject to the Terms of Service, and other terms and conditions that may be published by MotorCities from time to time on the Service. MotorCities may change, suspend or discontinue the Service, at any time without prior notice to its Members. If the alterations constitute a material change to the Terms of Service, we will notify you via internet mail. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement. MotorCities may also impose limits on certain features or services contained in the Service without prior notice.
MEMBERS WHO VIOLATE THE TERMS OF SERVICE MAY BE PERMANENTLY BANNED FROM USING THE SERVICE.
Please read the Terms of Service carefully. By using the Service, you agree to the terms and conditions outlined below. If you do not agree to these terms and conditions, please do not use the Service. MotorCities reserves the right to change, modify, add or remove portions of the Terms of Service at any time, in its sole discretion. If you continue to use the Service after MotorCities has posted changes to the Terms of Service, it means you have accepted those changed terms.
BASIC TERMS OF SERVICE
You must be 13 years and older to use the Service.
You are responsible for any activity that occurs under your username.
You are responsible for keeping your password secure.
You are solely responsible for your conduct and any software files, text, sounds or other information (collectively, "Content") transmitted, posted, linked or uploaded on or through the Service.
You must not be abusive, defamatory, obscene, fraudulent, in violation of applicable laws, or otherwise offensive to other Members, and must comply with the generally accepted etiquette Rules.
You may not use the Service for any illegal or unauthorized purpose. International Members agree to comply with all local laws regarding online conduct and acceptable content.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these agreements will result in the termination of your MotorCities membership.
CONTENT AND CONDUCT
By transmitting, posting, linking or uploading Content to any part of the Service, the user represents and warrant that neither the content nor any parts thereof infringe upon the copyright or any other statutory or common-law intellectual property rights (including without limitation trademark, service mark, and trade name rights), proprietary rights (including without limitation trade secrets), or rights of privacy or publicity of any third party.
The user hereby grants to MotorCities a non-exclusive, worldwide, perpetual fully paid-up license to display such Content online.
The user acknowledges that by providing Members with the ability to distribute Content, the Service is acting as a passive conduit for such distribution and MotorCities is not undertaking any obligation or liability relating to any Content or activities of its Members. MotorCities cannot prevent Members from placing prohibited content on the Service. Furthermore, MotorCities may elect at its sole discretion to monitor some, all, or no areas of the Service for adherence to these terms of service or other terms and conditions that may be published by MotorCities from time to time. Upon notification of inappropriate material, MotorCities reserves the right, but not the responsibility to remove the Content from the Service. MotorCities further reserves the right to stop a member from accessing the Service upon receipt of complaints about the member's contributions and participation on the Service.
Everything seen or read on the Service is owned by us or used with permission. The user may not copy, use, or retransmit anything for the Service without the express written permission of the copyright owners. Furthermore, Members are not allowed to post or distribute any material without consent of the copyright owners. Violation of this policy may result in copyright, trademark, or other intellectual property rights violation and subject the user to civil or criminal penalties.
MotorCities respects the intellectual property of others. MotorCities is in compliance with the Digital Millennium Copyright Act. If it is believed that work has been copied in a way that constitutes copyright infringement and is accessible on the Service, please provide MotorCities's Copyright Officer the following information:
An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed including the URL (i.e., Internet address) or other specific location on the Service where the material that you claim is infringing is located, including enough information to allow us to locate the material and why you believe an infringement has taken place.
A description of the location where the original or an authorized copy of the copyrighted work exists, for example the URL (i.e., Internet address) where it is posted or the name of the book in which it has been published.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
MotorCities's Copyright Officer for Notice of claims of copyright infringement can be reached as follows:
MotorCities Copyright Officer
2782 West 370 North
Provo, UT 84601
The "MotorCities," "CarPictures.com," "MotorcyclePictures.com," "MotorCities.com," "TruckPictures.com," "MotorPictures.com" and "iPartner.net" names and logos and "A Worldwide Celebration of Motoring," "A Worldwide Celebration of Motoring," "A Worldwide Celebration of Cars," "A Worldwide Celebration of Transportation," "A Worldwide Celebration of Motorcycles," and "A Worldwide Celebration of Trucks," as well as "The Online Car Pictures Database," "The Online Truck Pictures Database," "The Online Motorcycle Pictures Database," and "The Online Vehicle Picture Database," are trademarks of MotorCities.com, Inc. These trademarks may not be modified, used, downloaded, copied or distributed in any way without prior written authorization. No other use, transmission or copying of the trademarks or copyrighted contents of this web site may be made without the express prior written consent of the copyright or trademark owner(s). MotorCities.com, Inc., including its web sites, properties and products, is in no way affiliated with or endorsed by any major automobile manufacturer or automotive company. MotorCities.com, Inc. is an indepependent entity and has no authority to speak for, nor does it wish to, any of the said companies. Content found on this web site should not be confused with the authoritative content of said companies. Further, MotorCities.com, Inc. in no way claims that any trademarks, other than those stated above, are it's own. Trademarks found on this site, but not listed above, are the property of their respective owners. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please notify us.
The provisions of these Terms of Service are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of the user and MotorCities as reflected in the original provision.
Any delay or failure on the part of MotorCities to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time.
The user indemnifies and holds harmless MotorCities, and the officers, directors, employees, partners, principals, agents and representatives of MotorCities, from, against and in respect of any and all demands, claims, actions or causes of action, liabilities, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to any breach by the user of any covenant, representation or warranty made pursuant to these Terms of Service.
All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Service, including without limitation all of the user's representations, warranties and indemnification obligations.
The Terms of Service shall be governed by and construed in accordance with the laws of the State of Utah, without regard to conflict of laws principles. The user and MotorCities consent to the exclusive jurisdiction and venue of the state and federal courts located in Utah County for resolution of any and all disputes arising out of or related to the Terms of Service.
LIMITATION OF LIABILITY
To the full extent permissible under the applicable law, MotorCities shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use the Service.
In no event shall MotorCities have any liability for any incidental, consequential, or indirect damages (including, but not limited to, damages relating to loss of business, profits, goodwill, data, programs or information, and the like) arising out of the use of or inability to use the Service or any information, advice, or services provided on or downloaded from the Service or accessed on the Internet from the Service, even if advised of the possibility of such damages and regardless of the cause of action under which such damages are sought, including, without limitation, breach of contract, negligence or other tort. Because some states do not allow the exclusion of implied warranties or the limitation of liability for sequential or incidental damages, the above exclusions and limitations may not apply to the user. In such states, MotorCities's liability is limited to the greatest extent permitted by law.
The Service contains links to third-party World Wide Web sites and other resources. MotorCities assumes no responsibility for the availability or content of these outside sites and resources. Therefore, any concerns a user may have regarding any other site should be directed to the relevant site administrator or Webmaster.
The information, advice, facts, opinions or other content appearing on the Service posted by Members or third parties are those of the respective authors and do not reflect the views of MotorCities. MotorCities assumes no responsibility or liability for these materials.
The MotorCities.com, Inc., web sites (including all content, functions and information made available on or accessed through the MotorCities.com, Inc. web sites) are provided "as is." To the fullest extent permissible by law, MotorCities.com, Inc. makes no representation or warranties of any kind whatsoever for the MotorCities.com, Inc. web site, or that the MotorCities.com, Inc., web site or the server that makes it available is free of viruses or other harmful components. MotorCities.com, Inc. and its subsidiaries and affiliates make no warranties and shall not be liable for the use of the MotorCities.com, Inc., web site, including without limitation, the content and any errors contained therein under any direct or indirect circumstances, including but not limited, to MotorCities.com, Inc. negligence. Under no circumstances shall MotorCities.com, Inc. or its subsidiaries or affiliates be liable for any special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the content, materials and functions in the MotorCities.com, Inc. web sites, even if MotorCities.com, Inc. or its subsidiaries or affiliates or an authorized representative thereof has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall MotorCities.com, Inc. or its subsidiaries or affiliates total liability to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) exceed $100.00. MotorCities.com, Inc. reserves the right, at its sole discretion, to change, modify, add or remove any portion of this agreement, in whole or in part, at any time. Changes in this agreement will be effective when posted. Your continued use of the web sites after any changes to this agreement are posted will be considered acceptance of those changes. MotorCities.com, Inc. may terminate, change, suspend or discontinue any aspect of the MotorCities.com, Inc. web site at any time. MotorCities.com, Inc. may also impose limits on certain features and services or restrict your access to part or all of the MotorCities.com, Inc. web site without notice or liability. This agreement shall be governed by and construed in accordance with the laws of the state of Utah, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be an appropriate state or federal court located in the state of Utah. This agreement constitutes the entire agreement between MotorCities.com, Inc. and you with respect to your use of the MotorCities.com, Inc. web sites. Any cause of action you may have with respect to your use of the MotorCities.com, Inc. web sites must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the agreement, and the remainder of this agreement shall continue in full force and effect.
LINKS TO THIRD PARTY WEB SITES
Any third-party sites to which the Service may link are not under MotorCities's control, and MotorCities does not assume any responsibility or liability for any information, content, communications or materials available on such third-party sites. Absent express language to the contrary, MotorCities does not intend links contained on the Service to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only.
"Spam", as used in this policy, means any unsolicited email, generally received as part of a mass mailing or sent to an inappropriate list. Spam is also considered to be any promotion, information or solicitation that is sent to a person via email without his or her prior consent or permission. Spam is most often an e-mail message sent to a large number of people without their consent. Also known as Unsolicited Commercial E-mail (UCE), or junk e-mail, it is usually sent to promote a product or service.
COMMON TYPES OF SPAM
An email message sent to a recipient that does not contain a way for the recipient to opt-out or request that future mailings not be sent to them.
Any email message sent to recipients who have not had any prior association with the organization, or did not agree to be sent email messages by the organization or their partners as mentioned in the opt-in/out information.
You are entirely responsible and liable for all of your activities on MotorCities. Listed below are some, but not all, violations that may result in termination of your access to MotorCities. By using MotorCities, you agree NOT to do any of the following:
Post, transmit, promote, or distribute content that is illegal, that encourages illegal activity, or that infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party.
Transmit or facilitate distribution of content that is defamatory, harmful, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, pornographic, obscene, or objectionable in a reasonable person's view.
Pretend to be anyone whom you are not. You may not impersonate another member, a MotorCities staff member, or anyone else. You may not post content regarding a vehicle not owned by you.
Post content not owned by you or have permission to use.
Attempt to get a password, other account information, or other private information from a member, or harvest email addresses or other information.
Post any unsolicited advertising, promotional materials, or any other forms of solicitation.
Use the Service as a generic image hosting service. Professional or corporate uses of the Service are prohibited.
Pornography, obscenities, and defamatory postings are not allowed anywhere on MotorCities. Postings of this kind will be removed immediately, and a violation will be issued to the Member responsible for the posting (several violations will result in the termination of your account). If you see any pornographic, obscene or defamatory postings, please notify us immediately.
Postings which violate the intellectual property rights of third parties are not allowed anywhere on MotorCities. Postings of this kind will be removed immediately, and a violation will be issued to the Member responsible for the posting (several violations will result in the termination of your account). If you see any content which you believe infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party, please alert us immediately by emailing firstname.lastname@example.org.
Harassment of another MotorCities member is not permitted. Harassment means: saying bad things about them; sending them unwanted messages; attacking their race, heritage, etc. Unsolicited "spam" messages are also not permitted unless expressly authorized by the recipient. While we encourage you to introduce yourself to other Members, please respect their wishes if they do not want you to send them mail. If you feel that another Member is harassing you, please notify us by filling out a member violation report.
We can, whenever we want, edit or delete any content displayed, uploaded to, distributed, or otherwise published through the Service.
We reserve the right to remove content at any time, including any content that violates these standards. We are not responsible for any objectionable material posted by Members that you may encounter while using the Service.