Company may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. In addition, when using particular Company services, you and Company shall be subject to any additional terms, guidelines or rules applicable to such services, which may be posted from time to time. All such additional terms, guidelines and rules are hereby incorporated by reference into this Agreement. Also, Company may offer other services from time to time that are governed by different terms of service. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Company digital properties, shall be subject to this Agreement.
DMCA (Digital Millennium Copyright Act). The company is registered under DMCA and the rules of DMCA with regards to any and all User Generated Content on CarProperty.com. Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed.
Any Notice of claims of copyright or other intellectual property infringement must be sent to Company and its registered DMCA agent at:
Car Property Group, Inc.
Legal Compliance Department
2232 Dell Range Blvd., Suite 245
Cheyenne, WY 82009
FOR COMPLETE DETAILS OF THE DMCA RULES AND POLICIES PLEASE SEE ITEM #17 BELOW.
The company holds the trademarks to the phrases "Car Property" and "Car Properties" and any use of these phrases without the prior written consent of the Company is strictly forbidden under the International Laws on Trademarks. The company will pursue all entities or individuals who violate our Trademarks or Copyrights to the fullest extent of the law in both criminal and civil courts with the goal of attaining full compensation for Compensatory, Actual and Punitive damages against all such violators. The company maintains these Trademarks for any and all businesses or services related to categories covering all applicable business practices that the company engages in during the course of its business practices and ventures with relations to our Trademarks.
You are considered to have received written authorization to use our Trademarks, Logos and other likenesses and images, that the company has specifically made available for you to use, in your activities (where using such things are beneficial to both you and the Company), if you purchase website features and functions in the following areas of CarProperty.com:
A. Exclusive Agent Zip Code Territories in the CarProperty.com Agent Marketing Network
B. Advertisements for any real or personal property in any of the Categories on CarProperty.com designed for people to place such advertisements
C. Banner advertisements on CarProperty.com or in our email newsletter
D. Services that are connected to or are for any type of advertisement on the site, including but not limited to: Category Advertisements; Banner Advertisements; Exclusive Zip Code Territories in the CarProperty.com Agent Marketing Network; or any other service now being offered or to be offered in the future.
E. Purchase any of the internet or print advertising materials that we may make available to you for the purpose of helping you promote your involvement with the Company; i.e. pre-packaged advertisements that you can place in other mediaoutlets, brochures, custom graphics, etc.
Any other uses of our Trademarks or Logos, or Images must be approved separately by the Company. Please submit such requests in writing.
The Company reserves the right to cancel your rights to its Trademarks, Logos and other likenesses and images without cause and without delay. If the Company cancels your rights as described above, than you must comply within 48 hours and cease and desist such use or the company reserves the right to begin immediate legal actions against you or your company or organization for continuing to use our Trademarks illegally. The company can also cancel your account and membership if you are in violation of the trademarks owned by the company at any time deemed reasonable by the Company after they have contacted you about the issue of Trademark infringement and how you can get into compliance with the company on that matter.
3. Intellectual Property
As between you and the Company, the Company is the owner of all intellectual property rights, including all copyrights, patents, trademarks associated with the Site and the Service, including all associated software, logos, text, and graphics, and including User Content (defined below). You agree not to use any Company intellectual property without Company's prior permission.
4. License and Site Access
5. Account, Password, Security
a) You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Certain Site features and Services may require a subscriber or registration fee to gain access. Members agree not to share their username and password with anyone. Any employee, member, partner, director in a venture capital fund or other sources of capital for companies is strictly forbidden under these Terms and Conditions from entering CarProperty.com with a username and password or viewing Member-only "Private" information from the Car Property Group, and any violation is considered extremely damaging to Car Property Group, making said party liable for any damages that face CarProperty.com in any matter under the fullest extent of the law in any applicable jurisdiction. You agree to:
(i) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and
(ii) ensure that you exit from your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
c) Company reserves the right to approve any Membership application at any time for any reason with any conditions at the sole discretion of Company. Company reserves the right to terminate any Member account at any time for any reason with any conditions at the sole discretion of Company.
7. Uploaded User Content, Reviews, Comments, Etc.
Please choose carefully the words, information, content, messages, text, files, images, photos, sounds, profiles, works of authorship or any other materials you post, upload, link to, publish or display on the Site or through the Service and any such content that you provide or make available to other Users through the Site (collectively, "User Content"). You are responsible for all User Content, as set forth below. Information or User Content provided by other Users may contain inaccurate, inappropriate or offensive material, products or services, and Company assumes no responsibility or liability for this material. Company reserves the right, in its sole discretion, to reject, refuse to post or remove or modify any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Site and/or the Service at any time, for any or no reason, with or without prior notice, and without liability. User Content shall not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, violate any confidentiality agreement or other contract or be otherwise injurious to third parties or objectionable and shall not consist of or contain software viruses, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. Company has the right but not the obligation to remove or edit User Content, but does not regularly review User Content. Company takes no responsibility and assumes no liability for any User Content. By submitting the User Content to Company, you assign to the Company limited rights, title and interest in and to the User Content for purposes of publicity and publishing the content on CarProperty.com. You grant Company and it affiliates the right to use the username that you submit in connection with such User Content. You are solely responsible for any necessary payments that may become due to any third parties as the result of your posting of or linking to the User Content and Company's use thereof on the Site. The following is a partial list of the kind of User Content that is illegal or prohibited on the Site and the Service. Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from the Site or Service and terminating the membership of such violators. The company is registered under DMCA.
Prohibited User Content includes content that: (i) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii)harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (iv) consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) consists of an illegal or unauthorized copy of a copyrighted work, such as sound recordings, musical compositions and videos in which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright owner(s); (vi) computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices, or infringing materials; (vii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (viii) provides material that exploits people under the age of 18 or solicits personal information from anyone under 18; (ix) provides instructional information about illegal activities; (x) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (xi) involves activities and/or sales such as sweepstakes, or pyramid schemes; without our prior consent or (xii) uses any unfair, misleading or deceptive content intended to draw traffic to the profile.
a) You agree to abide by the terms of this Agreement, and to not use the Service to: (i) interfere with, manipulate, or take any actions that may undermine the integrity of any rating system used on the Service; (ii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (iii) collect or store personal data about other Users; or (iv) harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other User without their prior explicit consent.
b) Without limiting other remedies, Company and its affiliates may immediately warn Users of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide the Service to you if: (i) you breach this Agreement or the documents it incorporates by reference; (ii) weare unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, us or our Users. Your membership will be terminated and you will be denied access to the Service if you breach this Agreement or any other agreement between you and Company in any way. c) You are solely responsible for your interactions with other Users of the Site. Company reserves the right, but has no obligation, to monitor disputes between you and other Users.
9. Use and Storage
You acknowledge that Company may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that User Content will be retained by or made available through the Service, the maximum disk space that will be allotted on Company's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Company has no responsibility or liability for the blocking, deletion or failure to store any User Content maintained or transmitted by the Service. You acknowledge that Company reserves the right to cancel accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
10. Third-Party Content, Links and Syndication
Company has no control over third-party websites or resources, and as such, you acknowledge and agree that Company is not responsible for their availability, reliability, or functionality, and does not endorse and is not responsible or liable for any third-party content, applications, services, advertising, products, or other materials on or available from such websites or resources. Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third-party content or User Content on the Site or as a result of the failure of such third-party services, applications, or content to function as intended.
Company may terminate this Agreement at any time for any reason. The section on Trademarks and Sections 3, 7, 12, 13, 14, 15, 16, 17 and 18 shall continue in full force and effect upon any termination of this Agreement.
12. Representations and Warranties
a) You represent and warrant that you have the full authority to act on your behalf and on behalf of any and all prior owners of any right, title and interest in and to any User Content you post, submit, transfer or link to.
b) You represent and warrant that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement and have obtained all necessary third-party consents, licenses and permissions necessary to enter into and fully perform your obligations herein. In any case, you affirm that you are over the age of 13, as the Site and Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Site or Service. Your membership or access to the Site and Service may be deleted or blocked without warning if it is found that you are misrepresenting your age. Your membership is solely for your personal use, and you shall not authorize others to use your account, unless it's for business use purposes or the use by any paid or interned assistant to you.
The views expressed on the Site or through the Service are not the views of Company. You acknowledge that any reliance on any opinion, advice, statement, or information available on the Site or the Service is at your sole risk. The Site and the Service contain views, opinions, statements, and recommendations of third-party individuals and organizations, and Company does not represent or endorse the accuracy, correctness, or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site or the Service. Company makes no warranty as to the quality, accuracy, completeness, and validity of any materials on the Site or the Service and does not warrant that the functions contained on the Site will be uninterrupted or error-free, or that defects will be corrected. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATEOR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED INTHIS AGREEMENT.
14. Indemnification, Limited Liability
a) You hereby indemnify and hold harmless, and upon Company's request, defend, Company its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) arising out of any claim, action, or proceeding brought by a third party based on: (i) a breach of any warranty, representation, covenant or obligation of yours under this Agreement; or (ii) any allegation that any User Content provided, uploaded, syndicated, linked to or authorized by or on behalf of you hereunder or Company's or any User's use thereof violates or infringes the rights of another party. You will reimburse Company and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section 14, provided that Company attempts to obtain your written consent prior to making such payments, and such consent is not unreasonably with held, delayed or conditioned. Company shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Company's request. Company shall have the right, at its expense, to participate in the defense thereof under your direction.
b) EXCEPT PURSUANT TO YOUR INDEMNITY OBLIGATION INSECTION 14(a), AND EXCEPT FOR A BREACH OF YOUR REPRESENTATIONS AND WARRANTIES IN SECTION 12, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY. NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
15. Applicable Law
This Agreement and the relationship between you and Company shall be governed by the laws of the State of Wyoming without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Wyoming.
17. DMCA and Copyright Infringement of Material Users or Members Post on our Site
The Company is registered and abides by the rules of the DMCA (Digital Millennium Copyright Act). The Company respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company's copyright agent with the following information ("Notice"): Send to:
Car Property Group, Inc.
Legal Compliance Dept.
2232 Dell Range Blvd. Ste. 245
Cheyenne, WY 82009
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(2) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(3) a description of where the material that you claim is infringing is located on the Site;
(4) your address, telephone number, and email address;
(5) 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; and
(6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
It is the policy of the Company, that in appropriate circumstances, to terminate the accounts of members or users of CarProperty.com who are repeat DMCA infringers or are repeatedly charged with infringement.
18. Use of Company Trademarks or Copyrights by Users, Members or Others
When you post material, photos or content in a Category AD on CarProperty.com, you are agreeing to the fact that CarProperty.com becomes rights holder of what you post for the purpose of advertising, public relations, sharing or otherwise making content on our site available for publishing in a commercial or non-commercial manner. All photo credits will be given to CarProperty.com. An example of this would be a picture in your AD could be used for articles in a Wikipedia article or other media article. Wording is added to the ad details stating: “Permission is granted to copy, publish, broadcast or post the pictures in this AD. Please make sure that you include the following credit: Photo by CarProperty.com
19. Terms Governing Advertisements Placed with the Company
a) All money and amounts paid for any advertisement on CarProperty.com is Non-Refundable and shall not be refunded for any reason or purpose.
b) All advertising sales are considered final and all monies collected for advertising fees are considered final until the Member and Advertiser renew or purchase new advertisements on the site. At such time, those renewed or new ads are final and non-refundable for any reason.
c) The company does not warrant or guarantee any performance benchmarks or response rates for any advertisements placed on CarProperty.com and the Members and Advertisers take full responsibility for any results that they obtain from their advertisements on this site.
d) The terms in this paragraph apply to any and all types of advertisements, paid consideration placements, zip code territory marketing areas, or promotional announcements provided by the Company.
b) The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
c) If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
d) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
e) The section titles in this Agreement are for convenience only and have no legal or contractual effect.