Terms & Conditions
March 11, 2008
HomeAutoShow, Inc. ("HomeAutoShow" or "we") operates HomeAutoShow.com, which is a social
networking service that allows Members to create unique personal profiles online in
order to find and communicate with old and new friends. The services offered by
HomeAutoShow include any HomeAutoShow-branded URL (the "HomeAutoShow Website"), the
HomeAutoShow instant messaging service, the HomeAutoShow application developer service and
other features (for example, music and video embedded players), HomeAutoShow mobile
services, and any other features, content, or applications offered from time to time
by HomeAutoShow in connection with HomeAutoShow's business (collectively, the "HomeAutoShow
Services"). The HomeAutoShow Services are hosted in the United States.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms
for your use of the HomeAutoShow Services. By using the HomeAutoShow Services, you agree
to be bound by this Agreement, whether you are a "Visitor" (which means that you
simply browse the HomeAutoShow Website, including through a mobile device, or
otherwise use the HomeAutoShow Services without being registered) or you are a
"Member" (which means that you have registered with HomeAutoShow). The term "User"
refers to a Visitor or a Member. You are only authorized to use the HomeAutoShow
Services (regardless of whether your access or use is intended) if you agree to
abide by all applicable laws and the terms of this Agreement. Please read this
Agreement and save it. If you do not agree to be bound by this Agreement and to
follow all applicable laws, you should leave the HomeAutoShow Website and discontinue
use of the HomeAutoShow Services immediately. If you wish to become a Member,
communicate with other Members and/or make use of the HomeAutoShow Services, you
must read this Agreement and indicate your acceptance during the registration process.
This Agreement includes HomeAutoShow's policy for acceptable use of the HomeAutoShow
Services and Content (as defined in Section 6.1 below) posted on or through the
HomeAutoShow Services and your rights, obligations and restrictions regarding your use
of the HomeAutoShow Services and Content posted on or through the HomeAutoShow Services.
In order to participate in certain HomeAutoShow Services, you may be notified that you
are required to download software or content and/or agree to additional terms and
conditions from HomeAutoShow. Unless otherwise provided by the additional terms and
conditions applicable to the HomeAutoShow Services in which you choose to participate,
those additional terms are hereby incorporated into this Agreement. You may
receive a copy of this Agreement by emailing us at:
privacy@HomeAutoShow.com, Subject: Terms of Use Agreement.
HomeAutoShow may modify this Agreement from time to time and such modification shall
be effective upon posting by HomeAutoShow on the HomeAutoShow Website. Your continued
use of the HomeAutoShow Services after HomeAutoShow posts a revised Agreement signifies
your acceptance of the revised Agreement. It is therefore important that you
review this Agreement regularly to ensure you are updated as to any changes.
Terms & Conditions - HomeAutoShow.com
Please choose carefully the information you post on or through the HomeAutoShow
Services and that you provide to other Users. Your HomeAutoShow profile may not
include any form of Prohibited Content, as outlined in Section 8 below. Despite
this prohibition, information, materials, products or services provided by other
HomeAutoShow Members (for instance, in their profile) may, in whole or in part, be
unauthorized, impermissible or otherwise violate this Agreement, and HomeAutoShow
assumes no responsibility or liability for this material. If you become aware of
misuse of the HomeAutoShow Services by any person, please click on the "Contact
HomeAutoShow" or the "Report Abuse" link at the bottom of the HomeAutoShow Website pages.
HomeAutoShow reserves the right, in its sole discretion, to reject, refuse to post or
remove any posting (including private messages) by you, or to deny, restrict,
suspend, or terminate your access to all or any part of the HomeAutoShow Services at any
time, for any or no reason, with or without prior notice or explanation, and without
liability. HomeAutoShow expressly reserves the right to remove your profile and/or deny,
restrict, suspend, or terminate your access to all or any part of the HomeAutoShow
Services if HomeAutoShow determines, in its sole discretion, that you have violated this
Agreement or pose a threat to HomeAutoShow and/or its Users.
1. Eligibility.
Use of the HomeAutoShow Services and registration to be a Member for
the HomeAutoShow Services ("Membership") is void where prohibited. By using the
HomeAutoShow Services, you represent and warrant that (a) all registration
information you submit is truthful and accurate; (b) you will maintain the
accuracy of such information; (c) you are 14 years of age or older; and (d) your
use of the HomeAutoShow Services does not violate any applicable law or regulation.
Your profile may be deleted and your Membership may be terminated without
warning, if we believe that you are under 14 years of age, if we believe that
you are under 18 years of age and you represent yourself as 18 or older, or if
we believe you are over 18 and represent yourself as under 18.
2. Term.
This Agreement, and any posted revision to this Agreement, shall remain
in full force and effect while you use the HomeAutoShow Services or are a Member
.
You may terminate your Membership at any time, for any reason, by following
the instructions on the Member's Account Settings page. HomeAutoShow may
terminate your Membership at any time, for any or no reason, with or without
prior notice or explanation, and without liability. Even after Membership is
terminated, this Agreement will remain in effect, including Sections 5-17.
3. Fees.
You acknowledge that HomeAutoShow reserves the right to charge for any
portion of the HomeAutoShow Services and to change its fees (if any) from time to
time in its discretion. If HomeAutoShow terminates your Membership because you
have breached the Agreement, you shall not be entitled to the refund of any
unused portion of fees or payments (if any).
4. Password.
When you sign up to become a Member, you will also be asked to
choose a password. You are entirely responsible for maintaining the
confidentiality of your password. You agree not to use the account, username,
or password of another Member at any time or to disclose your password to any
third party. You agree to notify HomeAutoShow immediately if you suspect any
unauthorized use of your account or access to your password. You are solely
responsible for any and all use of your account.
5. Use by Members.
The HomeAutoShow Services are for the personal use of Members
and may be used for promotional purposes as well, but direct commercial
endeavors may only be used if they are specifically endorsed or authorized by
HomeAutoShow. HomeAutoShow reserves the right to remove commercial content in its sole
discretion. Illegal and/or unauthorized use of the HomeAutoShow Services, including
collecting usernames, user id numbers, and/or email addresses of Members by
electronic or other means for the purpose of sending unsolicited email or
unauthorized framing of or linking to the HomeAutoShow Website, or employing third
party promotional sites or software to promote profiles for money, is prohibited.
Commercial advertisements, affiliate links, and other forms of unauthorized
solicitation may be removed from Member profiles without notice or explanation
and may result in termination of Membership privileges. HomeAutoShow reserves the
right to take appropriate legal action for any illegal or unauthorized use of the
HomeAutoShow Services.
6. Proprietary Rights in Content on HomeAutoShow.
6.1
HomeAutoShow does not claim any ownership rights in the text, files,
images, photos, video, sounds, musical works, works of
authorship, applications, or any other materials (collectively,
"Content") that you post on or through the HomeAutoShow Services.
After posting your Content to the HomeAutoShow Services, you continue
to retain any such rights that you may have in your Content,
subject to the limited license herein. By displaying or publishing
("posting") any Content on or through the HomeAutoShow Services, you
hereby grant to HomeAutoShow a limited license to use, modify, delete
from, add to, publicly perform, publicly display, reproduce, and
distribute such Content solely on or through the HomeAutoShow
Services, including without limitation distributing part or all of the
HomeAutoShow Website in any media formats and through any media
channels, except Content marked "private" will not be distributed
outside the HomeAutoShow Website. This limited license does not grant
HomeAutoShow the right to sell or otherwise distribute your Content
outside of the HomeAutoShow Services. After you remove your Content
from the HomeAutoShow Website we will cease distribution as soon as
practicable, and at such time when distribution ceases, the license
will terminate. If after we have distributed your Content outside
the HomeAutoShow Website you change the Content's privacy setting to
"private," we will cease distribution of such "private" Content
outside the HomeAutoShow Website as soon as practicable after you
make the change.
6.2
The license you grant to HomeAutoShow is non-exclusive (meaning you
are free to license your Content to anyone else in addition to
HomeAutoShow), fully-paid and royalty-free (meaning that HomeAutoShow is
not required to pay you for the use on the HomeAutoShow Services of
the Content that you post), sublicensable (so that HomeAutoShow is able
to use its affiliates, subcontractors and other partners such as
Internet content delivery networks and wireless carriers to provide
the HomeAutoShow Services), and worldwide (because the Internet and
the HomeAutoShow Services are global in reach).
6.3
You represent and warrant that: (i) you own the Content posted
by you on or through the HomeAutoShow Services or otherwise have the
right to grant the license set forth in this Section 6, and (ii) the
posting of your Content on or through the HomeAutoShow Services does
not violate the privacy rights, publicity rights, copyrights, contract
rights or any other rights of any person or entity. You agree to
pay for all royalties, fees, and any other monies owing any person
or entity by reason of any Content posted by you on or through
the HomeAutoShow Services.
6.4
The HomeAutoShow Services contain Content of HomeAutoShow ("HomeAutoShow
Content"). HomeAutoShow Content is protected by copyright,
trademark, patent, trade secret and other laws, and HomeAutoShow
owns and retains all rights in the HomeAutoShow Content and the
HomeAutoShow Services. HomeAutoShow hereby grants you a limited,
revocable, nonsublicensable license to reproduce and display the
HomeAutoShow Content (excluding any software code) solely for your
personal use in connection with viewing the HomeAutoShow Website and
using the HomeAutoShow Services.
6.5
The HomeAutoShow Services contain Content of Users and other
HomeAutoShow licensors. Except as provided within this Agreement, you
may not copy, modify, translate, publish, broadcast, transmit,
distribute, perform, display, or sell any Content appearing on or
through the HomeAutoShow Services.
6.6
HomeAutoShow performs technical functions necessary to offer the
HomeAutoShow Services, including but not limited to transcoding and/or
reformatting Content to allow its use throughout the HomeAutoShow Services.
7. Content Posted.
7.1
HomeAutoShow may reject, refuse to post or delete any Content for any
or no reason, including Content that in the sole judgment of
HomeAutoShow violates this Agreement or which may be offensive,
illegal or violate the rights of any person or entity, or harm or
threaten the safety of any person or entity. HomeAutoShow assumes no
responsibility for monitoring the HomeAutoShow Services for
inappropriate Content or conduct. If at any time HomeAutoShow
chooses, in its sole discretion, to monitor the HomeAutoShow Services,
HomeAutoShow nonetheless assumes no responsibility for the Content,
no obligation to modify or remove any inappropriate Content, and
no responsibility for the conduct of the User submitting any such Content.
7.2
You are solely responsible for the Content that you post on or
through any of the HomeAutoShow Services, and any material or
information that you transmit to other Members and for your
interactions with other Users.
8. Content/Activity Prohibited.
The following are examples of the kind of
Content that is illegal or prohibited to post on or through the HomeAutoShow Services.
HomeAutoShow reserves the right to investigate and take appropriate legal action
against anyone who, in HomeAutoShow's sole discretion, violates this provision,
including without limitation, removing the offending Content from the HomeAutoShow
Services and terminating the Membership of such violators. Prohibited Content
includes, but is not limited to, Content that, in the sole discretion of HomeAutoShow:
8.1
is patently offensive and promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual;
8.2
harasses or advocates harassment of another person;
8.3
exploits people in a sexual or violent manner;
8.4
contains nudity, excessive violence, or offensive subject matter or
contains a link to an adult website;
8.5
solicits personal information from anyone under 18;
8.6
publicly posts information that poses or creates a privacy or
security risk to any person;
8.7
constitutes or promotes information that you know is false or
misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
8.8
constitutes or promotes an illegal or unauthorized copy of another
person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent
manufacturer-installed copy-protect devices, or providing pirated
music or links to pirated music files;
8.9
involves the transmission of "junk mail," "chain letters," or
unsolicited mass mailing, instant messaging, "spimming," or
"spamming";
8.10
contains restricted or password only access pages or hidden pages
or images (those not linked to or from another accessible page);
8.11
furthers or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but not
limited to making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
8.12
solicits passwords or personal identifying information for
commercial or unlawful purposes from other Users;
8.13
involves commercial activities and/or sales without prior written
consent from HomeAutoShow such as contests, sweepstakes, barter,
advertising, or pyramid schemes;
8.14
includes a photograph or video of another person that you have
posted without that person's consent;
8.15
for band, comedy, filmmaker and other profiles, uses sexually
suggestive imagery or any other unfair, misleading or deceptive
Content intended to draw traffic to the profile; or
8.16
violates the privacy rights, publicity rights, copyrights, trademark
rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited
on the HomeAutoShow Website and through your use of the HomeAutoShow Services.
HomeAutoShow reserves the right to investigate and take appropriate legal action
against anyone who, in HomeAutoShow's sole discretion, violates this provision,
including without limitation, reporting you to law enforcement authorities.
Prohibited activity includes, but is not limited to:
8.17
criminal or tortious activity, including child pornography, fraud,
trafficking in obscene material, drug dealing, gambling,
harassment, stalking, spamming, spimming, sending of viruses or
other harmful files, copyright infringement, patent infringement,
or theft of trade secrets;
8.18
advertising to, or solicitation of, any Member to buy or sell any
products or services through the unauthorized or impermissible
use of the HomeAutoShow Services. You may not transmit any chain
letters or junk email to other Members. In order to protect our
Members from such advertising or solicitation, HomeAutoShow reserves
the right to restrict the number of emails which a Member may
send to other Members in any 24-hour period to a number which
HomeAutoShow deems appropriate in its sole discretion. If you breach
this Agreement and send unsolicited bulk email, instant messages
or other unauthorized commercial communications of any kind
through the HomeAutoShow Services, you acknowledge that you will
have caused substantial harm to HomeAutoShow, but that the amount of
such harm would be extremely difficult to ascertain. As a
reasonable estimation of such harm, you agree to pay HomeAutoShow
$50 for each such unsolicited email or other unauthorized
commercial communication you send through the HomeAutoShow
Services;
8.19
circumventing or modifying, attempting to circumvent or modify,
or encouraging or assisting any other person in circumventing or
modifying any security technology or software that is part of the
HomeAutoShow Services;
8.20
activity that involves the use of viruses, bots, worms, or any other
computer code, files or programs that interrupt, destroy or limit
the functionality of any computer software or hardware, or
otherwise permit the unauthorized use of or access to a computer
or a computer network;
8.21
covering or obscuring the banner advertisements on your personal
profile page, or any HomeAutoShow page via HTML/CSS or any other
means;
8.22
any automated use of the system, such as, but not limited to,
using scripts to add friends or send comments or messages;
8.23
interfering with, disrupting, or creating an undue burden on the
HomeAutoShow Services or the networks or services connected to the
HomeAutoShow Services;
8.24
impersonating or attempting to impersonate another Member,
person or entity;
8.25
for band, comedy, filmmaker and other profiles containing a
HomeAutoShow player, copying the code for your HomeAutoShow Player and
embedding it (or directing others to embed it) anywhere other
than your band profile on HomeAutoShow;
8.26
using the account, username, or password of another Member at
any time or disclosing your password to any third party or
permitting any third party to access your account;
8.27
selling or otherwise transferring your profile;
8.28
using any information obtained from the HomeAutoShow Services in order
to harass, abuse, or harm another person or entity, or attempting
to do the same;
8.29
displaying an unauthorized commercial advertisement on your
profile, or accepting payment or anything of value from a third
person in exchange for your performing any commercial activity
through the unauthorized or impermissible use of the HomeAutoShow
Services on behalf of that person, such as placing commercial
content on your profile, posting blogs or bulletins with a
commercial purpose, selecting a profile with a commercial purpose
as one of your "Top 8" friends, or sending private messages with a
commercial purpose; or
8.30
using the HomeAutoShow Services in a manner inconsistent with any and
all applicable laws and regulations.
9. Protecting Copyrights and Other Intellectual Property
HomeAutoShow respects the intellectual property of others, and requires that our
users do the same. You may not upload, embed, post, email, transmit or otherwise
make available any material that infringes any copyright, patent, trademark,
trade secret or other proprietary rights of any person or entity. HomeAutoShow
has the right to terminate the Membership of infringers.
If you believe your work has been copied and posted on or through the
HomeAutoShow Services in a way that constitutes copyright infringement, please
send HomeAutoShow's Copyright Agent a notification of claimed infringement with
all of the following information:
(a) identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works are covered
by a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information reasonably sufficient to
permit us to locate the material on the HomeAutoShow Services (providing the
URL(s) of the claimed infringing material satisfies this requirement);
(c)
information reasonably sufficient to permit us to contact you, such as an
address, telephone number, and, if available, an email address;
(d) 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;
(e) a
statement by you, made under penalty of perjury, that the above
information in your notification is accurate and that you are the copyright
owner or a uthorized to act on the copyright owner's behalf; and
(f) your
physical or electronic signature. HomeAutoShow's Copyright Agent for notification
of claimed infringement can be reached at Copyright@HomeAutoShow.com
10. Member Disputes.
You are solely responsible for your interactions with
other HomeAutoShow Members. HomeAutoShow reserves the right, but has no
obligation, to become involved in any way with disputes between you and
other Members.
11. Privacy.
Use of the HomeAutoShow Services is also governed by our
Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers.
HomeAutoShow is not responsible for and makes no warranties,
express or implied, as to the User Content or the accuracy and reliability of
the User Content posted on or through the HomeAutoShow Services, whether
caused by Users of the HomeAutoShow Services or by any of the equipment or
programming associated with or utilized in the HomeAutoShow Services and such
User Content does not necessarily reflect the opinions or policies of
HomeAutoShow. Profiles and third party applications created and posted by
Members on the HomeAutoShow Website may contain links to other websites.
HomeAutoShow is not responsible for the content, accuracy or opinions expressed
on such websites, and such websites are not necessarily investigated,
monitored or checked for accuracy or completeness by HomeAutoShow. Inclusion
of any linked website on the HomeAutoShow Services does not imply approval or
endorsement of the linked website by HomeAutoShow. When you access these
third party sites, you do so at your own risk. HomeAutoShow takes no
responsibility for third party advertisements or third party applications that
are posted on or through the HomeAutoShow Services, nor does it take any
responsibility for the goods or services provided by its advertisers. HomeAutoShow
is not responsible for the conduct, whether online or offline, of any User of
the HomeAutoShow Services. HomeAutoShow assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to,
or alteration of, any User or Member communication. HomeAutoShow is not
responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer
equipment, software, failure of any email or players due to technical
problems or traffic congestion on the Internet or on any of the HomeAutoShow
Services or combination thereof, including any injury or damage to Users or
to any person's computer related to or resulting from participation or
downloading materials in connection with the HomeAutoShow Services. Under no
circumstances shall HomeAutoShow be responsible for any loss or damage,
including personal injury or death, resulting from use of the HomeAutoShow
Services, attendance at a HomeAutoShow event, from any User Content posted on
or through the HomeAutoShow Services, or from the conduct of any Users of the
HomeAutoShow Services, whether online or offline. The HomeAutoShow Services are
provided "AS-IS" and as available and HomeAutoShow expressly disclaims any
warranty of fitness for a particular purpose or non-infringement.
HomeAutoShow
cannot guarantee and does not promise any specific results from use of the
HomeAutoShow Services.
13. Limitation on Liability.
IN NO EVENT SHALL HomeAutoShow BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT
DAMAGES ARISING FROM YOUR USE OF THE HomeAutoShow SERVICES, EVEN IF
HomeAutoShow HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
HomeAutoShow'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HomeAutoShow FOR THE
HomeAutoShow SERVICES DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls.
Software available in connection with the HomeAutoShow
Services (the "Software") is further subject to United States export controls.
No Software may be downloaded from the HomeAutoShow Services or otherwise
exported or re-exported in violation of U.S. export laws. Downloading or
using the Software is at your sole risk.
15. Disputes.
The Agreement shall be governed by, and construed in
accordance with, the laws of the State of New York, without regard to its
conflict of law provisions. You and HomeAutoShow agree to submit to the exclusive
jurisdiction of the courts located within the State of New York to resolve any
dispute arising out of the Agreement or the HomeAutoShow Services. EACH OF
THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY
WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY
LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS,
COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT
OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH
PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF
EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT
SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO
ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF
THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL
INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
16. Indemnity.
You agree to indemnify and hold HomeAutoShow, its subsidiaries, and
affiliates, and their respective officers, agents, partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your use of
the HomeAutoShow Services in violation of this Agreement and/or arising from a
breach of this Agreement and/or any breach of your representations and
warranties set forth in this Agreement and/or if any Content that you post
on or through the HomeAutoShow Services causes HomeAutoShow to be liable to another.
17. Other.
This Agreement is accepted upon your use of the HomeAutoShow Website
or any of the HomeAutoShow Services and is further affirmed by you becoming a
Member. This Agreement constitutes the entire agreement between you
and HomeAutoShow regarding the use of the HomeAutoShow Services. The failure of
HomeAutoShow to exercise or enforce any right or provision of this Agreement shall
not operate as a waiver of such right or provision. The section titles in this
Agreement are for convenience only and have no legal or contractual effect.
HomeAutoShow is a trademark of HomeAutoShow, Inc. This Agreement operates to the
fullest extent permissible by law. If any provision of this Agreement is
unlawful, void or unenforceable, that provision is deemed severable from
this Agreement and does not affect the validity and enforceability of any
remaining provisions. Please contact us at:
HomeAutoShow with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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