CARSESSION'S TERMS OF SERVICE
CarSession and its affiliates, successors, parents, subsidiaries, assigns, licensees, and designees (collectively and individually "CarSession") encourages and promotes the CarSession.com website (the " Service") as an environment that fosters the free-flowing exchange of ideas that interest car and truck 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 CarSession to you ("the user" or " Member"), subject to the Terms of Service, and other terms and conditions that may be published by CarSession from time to time on the Service. CarSession 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. CarSession 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. CarSession 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 CarSession has posted changes to the Terms of Service, it means you have accepted those changed terms.
* You must be 13 years and older to use the Service.
Violation of any of these agreements will result in the termination of your CarSession account.
Conduct And Content
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 CarSession a non-exclusive, worldwide, perpetual fully paid-up license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.
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 CarSession is not undertaking any obligation or liability relating to any Content or activities of its Members. CarSession cannot prevent Members from placing prohibited content on the Service. Furthermore, CarSession 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 CarSession from time to time. Upon notification of inappropriate material, CarSession reserves the right, but not the responsibility to remove the Content from the Service. CarSession 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 our express written permission. Furthermore, Members are not allowed to post or distribute any material without consent of the 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.
CarSession respects the intellectual property of others. CarSession 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 CarSession's Copyright Agent the following information:
1. 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.
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 CarSession as reflected in the original provision.
Any delay or failure on the part of CarSession 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 CarSession, and the officers, directors, employees, partners, principals, agents and representatives of CarSession, 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.
Limitation of Liability
To the full extent permissible under the applicable law, CarSession 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 CarSession 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, CarSession'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. CarSession 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 CarSession. CarSession assumes no responsibility or liability for these materials.
Links to Third Party Sites
Any third-party sites to which the Service may link are not under CarSession's control, and CarSession 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, CarSession 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.
CarSession believes that communities can only truly be built through interaction and participation among community Members based on trust, privacy and freedom of expression.
CarSession wants all Members to have the freedom to express themselves, however at the same time, CarSession wants all Members to feel secure.
This policy does not apply to the practices of companies that CarSession does not own or control, or to people that CarSession does not employ or manage.
* CarSession collects personally identifiable information when you register for a CarSession membership, when you sign up for a CarSession Network email newsletter, when you purchase a product or service from CarSession Network, when you visit the Service, and when you enter our promotions or sweepstakes. CarSession may also receive personally identifiable information from our business partners.
CarSession makes every effort to ensure that your information is secure on our system. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.
CarSession is completely against and actively discourages unsolicited e-mail ("Spam"). Maintaining our email recipients' privacy is one of our main concerns. We address this by requiring that each email message sent by our servers include an easy way for the recipients to remove themselves from the list (opt-out). In the event that a recipient cannot easily remove him or herself, our customer advocacy staff is available to remove that person from further email communications.
* Definition of Spam
You are entirely responsible and liable for all of your activities on CarSession. Listed below are some, but not all, violations that may result in termination of your access to CarSession. By using CarSession, you agree NOT to do any of the following:
1. 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.
Pornography, obscenities, and defamatory postings are not allowed anywhere on CarSession. 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 Alert Us immediately.
Harassment of another CarSession 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 Alert Us by filling out a member violation report.
Please remember that not everyone likes being put on a Friend's list. Please comply with a Member's wishes if they request to be removed from your Friend's list. As a Member, you have the right to refuse being saved to someone else's Friend's list. If another Member refuses to remove you from their Friend's list, please Alert Us and we will remove your name for you.
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.
By joining as a member, you are agreeing to be added as a subscriber to our newsletter (at no cost). These newsletters may include special offers or incentives from the site operated by CarSession Networks or from select partners. We will not share your e-mail or any portion of your registration information with any third parties. With each e-mail newsletter, Members will be given the opportunity to opt-out of receiving any future promotional communications.
We are looking forward to serving you to the best of our ability and we welcome you to the CarSession Networks community!
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