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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 U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works.

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 AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND THAT SCP MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

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 HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES BUT IN NO EVENT SHALL SCP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

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 United States and the State of Michigan, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in New York County in the State of New York with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.

United States Export Control & Foreign Assets Control Regulations.

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