Terms of Service
Please read
all of the following Terms of Service (TOS) for the
ShowCarPics (SCP) website. By continuing to
access, link to, or use the SCP site, or any service
on this site, you signify your acceptance of this TOS.
SCP reserves the
right to amend, remove, or add to the TOS at any time. Such
modifications shall be effective immediately. Your access to any service on this site after the
posting of modifications to the TOS constitutes your acceptance of
the new TOS.
Registration, Account Creation, and Privacy
At this time, SCP does not require Registration or Account Creation.
SCP is committed to protecting user privacy and should any personal information about any user be collected by SCP, such as an email address, that information is never shared with any other entity, unless required to do so in response to a subpoena, court order, or other legal process.
SCP sometimes links to other websites and, since we do not control those websites, are not responsible for any personal information you might provide while on such remote websites, nor will SCP be responsible for any other event that might occur as a result of your visiting remote websites we link to.
SCP reserves the right to modify this Privacy Policy at any time by posting revisions on this Web page, with those changes effective immediately.
Linking and Framing Terms and Conditions:
Users may
include a link to SCP in emails, blogs, websites, and similar
publications, with the exception that users may not link
to SCP from any site containing an inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information that violates any applicable intellectual
property, proprietary, privacy or publicity rights.
Users
may not frame any Web page from
SCP, meaning you may not include SCP content into a Web page on your
website in such a manner that it appears to be material originating
with your website. SCP content should open in a new window and as it
appears on the ShowCarPics website.
You may not mirror any portion of a SCP Web page. For example, you may not link to a file on SCP, such as an image, in such a way as to include that image into your Web page, as though the image were your own, while that image is in fact stored on the SCP server.
Intellectual Property and Copyrights.
This Web site,
including but not limited to text, content, photographs, video,
audio and graphics, and goods, is protected by
copyrights, trademarks, service marks, international treaties,
and/or other proprietary rights and laws of the U.S. and other
countries.
The SCP website is
also protected as a collective work or compilation under
You agree to
abide by all applicable copyright and other laws, as well as any
additional copyright notices or restrictions contained in the
Service.
License.
Users acquire
absolutely no rights or licenses in or to the Service and materials
contained within the Service other than the limited right to utilize
the Service in accordance with the TOS. Should you choose to
download content from the Service, you do so in accordance with the
TOS. Such download is licensed to you by SCP for your own personal use and does not
transfer any other rights to you.
If you submit
material to this site or to SCP or its representative, unless SCP
indicates otherwise, you grant SCP a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sub licensable right to use,
reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, copy, and display such content throughout
the world in any form, media, or technology now known or hereafter
developed. You also permit any other user to access, store, or
reproduce such material for that user's personal use.
You grant SCP the
right to use the name that you submit in connection with such
content. You represent and warrant that you own or otherwise control
all of the rights to the material that you submit; that the material
you submit is truthful and accurate; that use of the material you
supply does not violate this TOS and will not cause injury to any
person or entity; and that you will indemnify SCP and its Suppliers,
agents, directors, officers, employees, representatives, successors,
and assigns for all claims resulting from material you supply. SCP
and its Suppliers, agents, directors, officers, employees,
representatives, successors, and assigns disclaim any responsibility
and assume no liability for any material submitted by you or any
third party.
Fees and Payments.
At this time, SCP does not charge any kind of fees, but reserves the right to at any time charge fees for access to the SCP website. Users will be notified of that event if it should come to pass.
Disclaimer and
Limitation of Liability.
YOU AGREE THAT
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK
SCP does not
warrant that the Service is compatible with your equipment or that
the Service, or e-mail sent by SCP or its representative, is free of
errors or viruses, worms or "Trojan horses," or any other harmful,
invasive, or corrupted files, and is not liable for any damage you
may suffer as a result of such destructive features.
You agree that
SCP and its Suppliers, agents, directors, officers, employees,
representatives, successors, and assigns shall have no
responsibility or liability for any injury or damages, whether
caused by the negligence of SCP, its parent, or their respective
affiliates, Suppliers, agents, directors, officers, employees,
representatives, general partner, subsidiaries, successors, and
assigns, or otherwise arising in connection with the Service and
shall not be liable for any lost profits, losses, punitive,
incidental or consequential damages, or any claim against SCP by any
other party; or any fault, inaccuracy, omission, delay, or any other
failure in the Service caused by your computer equipment or arising
from your use of the Service on such equipment.
The content of
other Web sites, services, goods, or advertisements that may be
linked to the Service is not maintained or controlled by SCP. SCP is
therefore not responsible for the availability, content, or accuracy
of other Web sites, services, or goods that may be linked to, or
advertised on, the Service.
SCP does not make
any warranty, express or implied, with respect to the use of the
links provided on, or to, the Service or guarantee the accuracy,
completeness, usefulness or adequacy of any other Web sites,
services, goods, or advertisements that may be linked to the
Service; or make any endorsement, express or implied, of any other
Web sites, services, goods, or advertisements that may be linked to
the Service.
SCP is also not
responsible for the reliability or continued availability of the
telephone lines, wireless services, communications media, and
equipment you use to access the Service. You understand that SCP
and/or third-party contributors to the Service may choose at any
time to inhibit or prohibit their content from being accessed under
the TOS.
None of the
information contained on this site constitutes a solicitation,
offer, opinion, or recommendation by SCP to buy or sell any
security, or to provide legal, tax, accounting, or investment advice
or services regarding the profitability or suitability of any
security or investment.
The information
provided on this site is not intended for use by, or distribution
to, any person or entity in any jurisdiction or country where such
use or distribution would be contrary to law or regulation.
UNDER NO
CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SCP,
ITS SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES,
REPRESENTATIVES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY
DAMAGES EVEN IF SCP
APPLICABLE LAW
Your Authority to
Agree to this TOS.
You represent,
warrant and covenant that you have the power and authority to enter
into this agreement and that you are at least eighteen (18) years
old.
Indemnification.
You agree, at
your own expense, to indemnify, defend and hold harmless SCP, its
Suppliers, agents, directors, officers, employees, representatives,
successors, and assigns from and against any and all claims,
damages, liabilities, costs, and expenses, including reasonable
attorneys’ and experts’ fees, arising out of but not limited to your
use of the Service or by someone using your computer's use of the
Service or by use by someone using your account.
You agree to pay
any and all costs, damages, and expenses, including, but not limited
to, reasonable attorneys' fees and costs awarded against or
otherwise incurred by or in connection with or arising from any such
claim, suit, action, or proceeding attributable to any such claim.
SCP reserves the
right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you,
in which event you will fully cooperate with SCP in asserting any
available defense. You acknowledge and agree to pay SCP's reasonable
attorneys’ fees incurred in connection with any and all lawsuits
brought against you by SCP under the TOS and any other terms and
conditions of service on this site, including without limitation,
lawsuits arising from your failure to indemnify SCP pursuant to the
TOS.
Termination.
You may terminate
the TOS, with or without cause and at any time, by discontinuing
your use of the Service and destroying all materials obtained from
the Service.
You agree that,
without notice, SCP may terminate the TOS, or suspend your access to
the Service, with or without cause at any time and effective
immediately.
The TOS will
terminate immediately without notice from SCP if you, in SCP’s sole
discretion, fail to comply with any provision of the TOS.
SCP shall not be
liable to you or any third party for the termination or suspension
of the Service, or any claims related to the termination or
suspension of the Service.
Upon termination
of the TOS by you or SCP, you must discontinue your use of the
Service and destroy promptly all materials obtained from the Service
and any copies thereof.
Governing Law.
The TOS shall be
governed and construed in accordance with the laws of the
SCP does not
represent that materials in the Service are appropriate or available
for use in any particular location. Those who choose to access the
Service do so on their own initiative and are responsible for
compliance with all applicable laws.
Miscellaneous.
You accept that
SCP has the right to change the content or technical specifications
of any aspect of the Service at any time in SCP’s sole discretion.
You further accept that such changes may result in your being unable
to access the Service.
The failure of
SCP to exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision.
If any provision of the TOS is found
invalid or unenforceable, that provision will be enforced to the
maximum extent permissible, and the other provisions of the TOS will
remain in force.
The TOS and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and SCP and govern your use of the Service.
Posted August 01, 2008
