TERMSHome / Terms
Description Of Service
The Site is an online community which enables car owners and enthusiasts to post photographs and images, share comments, opinions and experience, participate in contests and promotions, and access and/or purchase services from time to time made available on the Site ("Services"). Services include, but are not limited to, any service and/or content myCARiD makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content ("Content") includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of myCARiD. myCARiD reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. myCARiD may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your information and images and you are directed to retain your own copies of all Content posted on the Site.
As a condition to using Services, you are required to open an account with myCARiD and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your myCARiD account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your myCARiD account.
Accounts may not be registered by companies, tuning studios, agents and other market intermediaries and entities who represent car owners. If you do not qualify for registration, you are not permitted to open an account or use the Services.
Examples of unacceptable content include, but are not limited to:
- Copyright-protected work posted without authorization
Before sharing content on myCARiD, please make sure you don't infringe anyone's copyright. We ask that users respect copyrights, trademarks, and other legal rights. It means users should not post works that are eligible for copyright protection, including, but not limited to, original written works (articles, reviews, books, brochures, etc., or fragments thereof), visual works (photos, posters, graphic images, etc., or fragments thereof), audio-visual works (videos, movies, TV shows, etc., or fragments thereof), and other intellectual property.
- Promotion of services, products, personal websites, etc.
Commercial advertising and business accounts are not allowed on myCARiD. This includes users identifying themselves as a business in a message, signature, avatar, profile, and any external links redirecting to their business or site. It also includes users doing stealth business via private messages. Advertising includes work-at-home businesses, saleable products (personal or professional), job opportunities, promoting another website, promoting an entry in a contest, etc. Violations may result in cancellation of user posting privileges at the sole discretion of the administrator.
- Fraudulent activity, spam, and phishing
Pyramid schemes as well as cash gifting and phishing scams are illegal, and posting information about these schemes anywhere on myCARiD is prohibited. It is not acceptable to ask any myCARiD users for money, goods, or services. Users found submitting such content may have their account banned or suspended without warning.
- Off-topic content
myCARiD is composed of several specialized sections that focus on certain aspects, and users are expected to post content relevant to the community purpose. We reserve the right to remove, terminate, or modify any irrelevant or off-topic content at our sole discretion and without prior notice.
- Pornography material
myCARiD has a strict policy against the sharing of pornographic content and any explicitly sexual content. We also impose limitations on the display of nudity. 'Nudity' means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state. Submissions which are judged to be in violation of these guidelines will be removed without prior warning. Users found submitting such content may have their account banned or suspended without warning.
- Racist, threatening, harassing, obscene or otherwise objectionable content
We encourage healthy discussion in a friendly environment to support each other. For that reason, any obscene material, relating to race, ethnicity, national origin, religion, gender, sexual orientation, disability or medical condition, offensive sexual material, and terrorist propaganda materials will be removed (this includes usage or promotion of foul language, threats, harassment, incitement, abuse, extreme swearing, religious hate, etc.). We also reserve the right to remove any post that attacks another person’s motivation, intelligence, or character. Users found submitting such content may have their account banned or suspended without warning.
Breaches of the moderation rules will be dealt with as follows:
- Removal/modification of content - any content that, in the view of the administrator, breaches the Moderation Policy will be removed/modified.
- Ban on content-sharing - any user who violates our Moderation Policy may be banned from myCARiD for a period determined by the administrator. They will still be able to view all content but no longer be able to post anything, leave comments, or share any content.
- Temporary suspension - any user who repeatedly and flagrantly flouts our Moderation Policy may be suspended from access to the site for a period determined by the administrator. The period will reflect both the severity and consistency of the breach.
- Permanent blocking - any user who continues to violate the Moderation Policy following reinstatement after a period of suspension may have their access to the site permanently blocked.
Restrictions on the Use of the Site
As a condition of using this site, you agree that you will not:
- Modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content without the prior written consent of CARiD;
- Post copyrighted Content that doesn't belong to you, with exception of journals, where you may post such Content with explicit mention of the author's name and a link to the source of the Content;
- Submit, display, or transmit any spam, duplicate messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;
- Forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any user submitted Content transmitted to or via the site;
- Use the site to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation rights of privacy or publicity;
- Publish, post, display, offer, or disseminate any profane, obscene, indecent, unlawful, terroristic, violent, or hateful Content;
- Collect, store, publish, post, sell, transmit, or disclose personal data about other users of the site; or monitor or copy Content;
- Artificially inflate or alter rating counts, photo counts, comments, or any other Service for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
- Interfere or attempt to interfere with the proper working of this web site or any activity or service on this web site by using any robot, "bot," spider, crawler, engine, device, software, tool, routine or any other automatic device or manual process of any like or kind without our written permission, or engage in any activity which interferes with the proper working of or access to this site;
- attempt to access data or information not intended for you or log onto a server or account that you are not authorized to access;
- access or attempt to access any system or servers on which the site is hosted or modify or alter the site in any way;
- With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
- post or upload Content that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the site, or that otherwise negatively affects other users' ability to use the site; or link to, frame, or otherwise reproduce this site without our prior written consent.
myCARiD reserves the right to investigate any violations of its system, network or web site security, to involve and cooperate with law enforcement authorities in investigating such violations, and to prosecute violators to the fullest extent of the law.
Copyright to all Content on the site is either owned by Company or is licensed to Company. No Content or other material from this site may be copied, reproduced, published, republished, uploaded, posted, displayed, transmitted, modified, used to prepare derivative works, distributed or redistributed in any way in any medium whatsoever now known or later invented, except that you may download one copy of the material on any single computer for your personal, non-commercial home use only, provided you retain all copyright and other proprietary notices. Any attempt to modify these materials or to use these materials for any other purpose constitutes a violation of our copyright and other proprietary rights, and may subject you to injunctive relief, statutory damages and other penalties. The use of any such material on any other web site or networked computer environment is prohibited without the express written permission of Company.
myCARiD respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content posted on the Site infringes the copyright or other intellectual property infringement ("Infringement") of any person. myCARiD will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
Copyright to all Content submitted by myCARiD on the site is either owned by myCARiD or is licensed to myCARiD. No such Content or other material from this site may be copied, reproduced, published, republished, uploaded, posted, displayed, transmitted, modified, used to prepare derivative works, distributed or redistributed in any way in any medium whatsoever now known or later invented, except that you may download one copy of the material on any single computer for your personal, non-commercial home use only, provided you retain all copyright and other proprietary notices.
To notify myCARiD of a possible Infringement you must submit your notice in writing to the attention of "Copyright Infringement" care of help@my.CARiD.com and include in your notice a detailed description of the alleged Infringement sufficient to enable myCARiD to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide myCARiD with a counter notice in writing to the attention of "Copyright Infringement Counter Notification" at help@my.CARiD.com. You must include in your counter notice sufficient information to enable myCARiD to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
This website allows users to post, submit, or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs and pictures (including pictures of the user and other representations of the user's name and likeness), digital images, or other content in any form (collectively "User Content" or "Content submitted by user"). By posting User Content on this site, you hereby grant myCARiD an unrestricted, transferable and sub-licensable, irrevocable, royalty-free, world-wide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from myCARiD in connection with myCARiD's exercise of its license rights in and to the User Content you have posted on this site or any other myCARiD web site. You acknowledge and agree that myCARiD is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content. By posting the User Content on any site, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.
myCARiD has no obligation to monitor this site or any portion thereof. However, myCARiD reserves the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. myCARiD has no obligation to display or post any User Content. myCARiD reserves the right to disclose, at any time and from time to time, any information or User Content that we deem necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. myCARiD shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this site.
Links and Third Party Sites
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because myCARiD has no control over such sites and resources, you acknowledge and agree that myCARiD is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that myCARiD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
This web site may offer community features, such as internal messaging systems, bulletin boards, commenting systems, social network sharing system. We do not monitor, filter, censor, edit or regulate information and content provided by third parties on this web site, including information provided in community areas, although we reserve the right to do so in our sole discretion, with or without notice.
Release And Indemnity
You hereby expressly and irrevocably release and forever discharge myCARiD, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless myCARiD, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or myCARiD Username and password, (iv) the sale or use of your Stored Images, or (v) any violation of any rights of a third party.
Limitation Of Liability
In no event shall myCARiD be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) To provide substitute goods or services (however arising), or (iii) for any direct damages in Excess of (in the aggregate) $100. Some states do not allow the limitation of liability, so check local laws.
Termination of Services
myCARiD may terminate or suspend any and all Services and/or your myCARiD account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your myCARiD account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account, myCARiD will automatically remove all Content posted to your account.
Modification to these Terms
myCARiD reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, myCARiD will notify you by posting an announcement on the site. What constitutes a material change will be determined at myCARiD's sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.