CarDomain Network, Inc. - Terms of Service

Last Revision: March 6th, 2009

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THE SITES OR SERVICES PROVIDED BY CARDOMAIN. IF YOU WOULD LIKE TO PRINT THIS AGREEMENT, PLEASE CLICK THE PRINT BUTTON ON YOUR BROWSER TOOLBAR.

  • Acceptance Triggered by Use.

    • This CarDomain Network, Inc. Terms of Service (the “Agreement”) governs the provision of the Services (as defined below) and your access and use of the various webpages or websites, including those sites accessible via (the “CarDomain Network”) made available by CarDomain Network, Inc. (”CarDomain”) to you. CarDomain reserves the right to change or revise these terms at any time by posting any changes or a revised Agreement at http://www.cardomain.com/terms-of-service (under the “Terms of Service” link). Your continued use of any Services or of the CarDomain Network will constitute your acceptance of any such changes or revisions.

  • Description of Services; Grant of Limited License

    • CarDomain offers a variety of services through the CarDomain Network, including but not limited to, a community and “Groups,” where you can create a personal “member page,” display photos of your car, upload content, and interact with other CarDomain users, a video platform where you can upload and view videos, a blog, editorial content and stories from CarDomain and other users, and any other services offered in the future (the “Services”). The software, content, and materials underlying the Services (the “Materials”) are works protected under copyright and other intellectual property laws and are owned by CarDomain or its licensors. In consideration for your promises reflected in this Agreement, CarDomain grants to you a personal, nonexclusive, nonassignable and nontransferable, non-commercial license to access and use the Services from a single computer and as permitted under this Agreement.

    You agree to: (i) not copy, publish, revise, modify, rent, lease, provide access on a time-share or service bureau basis, or distribute the Materials or Services to any third party; (ii) not reverse engineer, disassemble or decompile any portion of the Materials or Services or otherwise attempt to discover or re-create the source code to the Materials or Services; (iii) comply with all applicable laws, including U.S. export control laws, applicable to your use of the Materials or Services; (iv) not make any modification, adaptation, improvement, enhancement, translation, or derivative work of or to any portion of the Materials or Services; (v) not remove, alter, or obscure any proprietary notices (including copyright notices) of CarDomain or its suppliers in any portion of the Materials or Services or on the CarDomain Network; (vi) not interfere with or disrupt the use and enjoyment of the Services or CarDomain Network by other users; and (vii) not use any type of automated means to utilize or access the Services or the CarDomain Network.

    YOUR USE OF THE SERVICES, MATERIALS, AND CARDOMAIN NETWORK IS RESTRICTED TO PERSONAL (NON-COMMERCIAL) USE FROM A SINGLE COMPUTER.

  • Registration Obligations

    • In consideration for access to certain Services, you may be required to provide CarDomain with certain information requested on the registration form (”Registration Data”). You agree that the Registration Data you provide: (1) is true, accurate, current and complete, and (2) will be maintained and updated by you to keep it true, accurate, current and complete. You also agree that CarDomain may send you an e-mail and require you to confirm your e-mail address before using certain Services.

  • Account Security

    • You will select a user name and password upon completing the registration process. You are responsible for maintaining the confidentiality and security of your user name and password and are fully responsible for all activities, charges and/or liabilities that occur under your user name and password or account number, whether or not authorized by you. You will immediately notify CarDomain of any unauthorized use of your user name or password, or any other breach of security.

  • Transmission of Content by You

    • By transmitting, posting, linking or uploading any text, audio, video, audiovisual, html, links or other materials (the “Content”) to or through any part of the Services or the CarDomain Network, you represent and warrant that no part of the Content infringes 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 (including CarDomain). You further warrant that no part of the Content is lewd, obscene, harassive, otherwise inappropriate, or violative of CarDomain’s Code of Conduct.

    You grant to CarDomain (and its contractors and service providers) a non-exclusive, irrevocable, worldwide, perpetual, fully paid-up freely transferrable license (with the right to freely sublicense) 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. You also grant CarDomain a license to exploit any personality, publicity, or privacy rights in and to the Content and in your likeness as contained therein. CarDomain may freely exploit the Content without payment of any license fees to you or any third party, and may freely license this right to third parties. The foregoing license survives termination of your account with CarDomain.

    If you are a copyright or other intellectual property right owner, and feel that any material on the CarDomain Network infringes your intellectual property rights, email us at dmca@cardomain.com. For further information, click on our DMCA / Infringement Notification Policy, accessible here.

  • Agreement to Pay for Services; Fees and Charges

    • You agree to pay all fees and charges specified when you order or use any Services which require a fee, including any recurring and nonrecurring charges applicable to the Services.

  • User/Member Code of Conduct

    • All users and members agree to strictly abide by CarDomain’s Code of Conduct when using any portion of the Services or the CarDomain Network. You can access a copy of the Code of Conduct here.

  • Transmission of Information to Others

    • You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that CarDomain will not be liable for any errors or omissions in any content. You understand that CarDomain cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we cannot guarantee the authenticity of any data which users may provide. CarDomain may monitor any communications effected through the CarDomain Network or Services in order to ensure compliance with any laws, rules, or regulations, and compliance with any CarDomain policies or rules, including the Code of Conduct.

  • NO WARRANTIES - SERVICES PROVIDED “AS IS”

    • YOU UNDERSTAND AND AGREE THAT THE SERVICES AND THE CARDOMAIN NETWORK ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND THE CARDOMAIN WEB SITES IS AT YOUR SOLE RISK.

    TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, CARDOMAIN AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER CARDOMAIN NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SERVICES OR CARDOMAIN NETWORK WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SERVICES WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SERVICES OR THE CARDOMAIN NETWORK; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE SOFTWARE BEHIND THE SERVICES ARE NONINFRINGING.

    YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES OR CONTENT OBTAINED THROUGH THE USE OF THE SERVICES AND CARDOMAIN NETWORK ARE 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 YOUR USE OF THE SERVICES, CARDOMAIN NETWORK, AND ANY SOFTWARE AND/OR CONTENT THEREIN.

  • LIMITATION OF LIABILITY

    • IN NO EVENT SHALL CARDOMAIN OR ANY OF ITS AFFILIATES OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SERVICES OR CARDOMAIN NETWORK BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER THE SERVICES, (ii) ANY USE OR INABILITY TO USE THE SERVICES FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICES, OR (iii) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICES OR THE CARDOMAIN NETWORK.

    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 AND EXCLUSIONS MAY NOT APPLY TO YOU.

  • Termination

    • Your rights under this Agreement terminate automatically if you fail to comply with any of the terms and conditions of this Agreement or with any other CarDomain policy or rule. No notice is required from CarDomain to effect such termination. Additionally, CarDomain may terminate this Agreement at any time and for any reason and may effect notice of such termination through any means, including but not limited to posting such notice on the CarDomain Network, or sending you an email. Upon termination, you must immediately stop using the Services. CarDomain has no obligation to return any Content, Registration Data, or other materials you provide to CarDomain in the course of using the Services or the CarDomain Network.

  • Indemnification Obligations

    • You agree to hold harmless, defend, and indemnify CarDomain and its licensees, licensors and their officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including attorney’s fees, that are due to, or that arise from your use or misuse of the CarDomain Network and/or Services, Materials, any Content transmitted to or through the Services or the CarDomain Network, or for infringement by you of intellectual property rights or other right of CarDomain or any third party.

  • Third Party Links and/or Content

    • CarDomain does not endorse and is not responsible or liable for any content, advertising, goods or services, or other materials available on or from any third party web sites or resources.

  • Feedback

    • Any comments or materials sent to CarDomain, including feedback data, such as questions, comments, suggestions, or the like regarding the Services or any other products or programs of CarDomain (collectively “Feedback”), is non-confidential. CarDomain has no obligation to you of any kind with respect to such Feedback and is free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, CarDomain is free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever.

  • Notices / Announcements

    • CarDomain may provide notices, including notice of any changes to this Agreement by displaying notices to you generally on the CarDomain Network or by emailing you at the email address you provided CarDomain. CarDomain may change its addresses (email or mailing) by displaying such changes on the CarDomain website (i.e., accessible via ). Except as set forth herein, you must provide CarDomain all notices in writing, delivered to CarDomain’s street address listed on our contact us page. Notwithstanding, CarDomain will endeavor to respond to any emails you send raising any concerns or questions.

  • Miscellaneous

    • Except for any agreements or policies explicitly referenced herein, this Agreement constitutes the complete and entire agreement between you and CarDomain as it pertains to the Services and the CarDomain Network. CarDomain and its suppliers reserve all rights not granted in this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. You must be 16 years or older to use the Services and if you are under the age of majority in your state, must have the permission of your parent or legal guardian. To the extent you are over 16 but under the age of majority, you represent that your parent or guardian has read and consents to these terms.

    THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT TO AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, USA (SEATTLE). YOU AGREE TO NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE CARDOMAIN NETWORK OR THE SERVICES EXCEPT IN THE FOREGOING COURTS.