myOwnCarShow.com

Terms Of Use

Thank you for your interest in MyOwnCarShow. The rest of this page is all very legal-sounding. Trust us, we’re not really like this. But our lawyer is. Maybe he should get a hobby – like restoring classic cars. Anyway…

Please read this Terms of Use Agreement before accessing the Web site.

Effective Date: This Terms of Use Agreement was last updated on January 17, 2007.

This Terms of Use Agreement sets forth the standards of use of the MyOwnCarShow Online Service. By using the MyOwnCarShow.com Web site you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Web site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the MyOwnCarShow.com Web site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

MyOwnCarShow is providing Member with an online community for car enthusiasts, including classic Jaguars, classic Mercedes, and other fine antique automobiles (even a vintage race car). Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.

2. Disclaimer of Warranties.

The site is provided by MyOwnCarShow on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, MyOwnCarShow makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Web site in terms of its correctness, accuracy, reliability, or otherwise. MyOwnCarShow shall have no liability for any interruptions in the use of this Web site. MyOwnCarShow disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

MyOwnCarShow SHALL NOT be liable for any damages whatsoever, and in particular MyOwnCarShow shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if MyOwnCarShow has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

By entering registration information, the Member attests that it is accurate and curent information. The Member agrees to promptly update that information if it changes. Member agrees that he or she: a) will keep all passwords and other account identifyers confidential; and b) will be responsible for any activity by anyone who users that password or account. Further, Members agree to notify MyOwnCarShow of any unathorized use of a password or account. MYOWNCARSHOW SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH, USERS' FAILURE TO COMPLY WITH THIS SECTION.

Member agrees to indemnify and hold MyOwnCarShow, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

MyOwnCarShow may choose, at its sole discretion, to add fees and/or change billing terms for posting photos, videos or information about classics cars. Members will be notified of such changes on our Web site. MyOwnCarShow reserves the right to modify or discontinue the Service with or without notice to the Member. MyOwnCarShow shall not be liable to Member or any third party should MyOwnCarShow exercise its right to modify or discontinue the Service. Such termination shall not affect any right to relief which MyOwnCarShow may be entitled to, at law or in equity. Upon termination of this Terms of Use, all rights granted to Users will terminate and revert to MyOwnCarShow. Member acknowledges and accepts that MyOwnCarShow does not guarantee continuous, uninterrupted or secure access to our Web site and operation of our Web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our Web site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

7. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While MyOwnCarShow makes every effort to ensure that the information on this Web site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Web site.

MyOwnCarShow makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

8. License and Site Access

Members are granted a limited license to this site for access and personal use but that license does not allow for downloads other than for routine page caching. The site may not be sold or used commercialy in a way that benefits any party other than MyOwnCarShow except by express written agreement. Unauthorized use of the site terminates any license, permission or access privleges granted by MyOwnCarShow.

You are granted a limited, revocable, and nonexclusive right to create hyperlinks to MyOwnCarShow pages, but the links may not portray MyOwnCarShow in a false or misleading manner.

9. License Granted by Members

MyOwnCarShow does not claim ownership of the photographs, videos or other media created or uploaded by Members. Unless otherwise agreed, by uploading Content, including all Media, to MyOwnCarShow the Member grants MyOwnCarShow a nonexclusive, royalty-free right to publish, distribute, and display the Content as we deem appropriate in providing the Services authorized or requested by Member, including the right to use the name that is submitted in connection with such Content. Member further understands and agrees that, in order to help ensure smooth operation of our system, we may keep backup copies of Content indefinitely.

The Member represents and warrants that he/she owns or otherwise controls all of the rights to the Content (including without limitation Media) that Member posts; that use of the Content Member supplies does not violate these Terms of Use and will not cause injury to any person or entity; and that Member will indemnify, hold harmless and defend MyOwnCarShow for and from all claims resulting from Content you supply. MyOwnCarShow has the right but not the obligation to monitor and edit or remove any activity or Content. Member understands and agrees that MyOwnCarShow takes no responsibility and assumes no liability for any Content posted by Member or any third party.

10. Rules and Conduct

In consideration of MyOwnCarShow making its services (the “Services”) available for Member’s use, each member agrees while visiting the Site not to: (a) post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Site, the Services or the Internet; (b) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
(c) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; (d) post, transmit, link to, or otherwise distribute any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; (e) upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Site or the Services, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or right holder; (f) impersonate of falsely represent the association of a User with any person, including a MyOwnCarShow representative, and (h) display photographs or other Media portraying explicit nudity that would be unacceptable in a public museum where minors visit. It is MyOwnCarShow’s exclusive right to determine whether any media violates this standard, and we reserve the right to remove violating Media and/or to cancel the account of the Member who posted it. If a third party requests removal of content that in any way represents that third party, MyOwnCarShow reserves the right (but not the obligation) to remove or edit the content. MyOwnCarShow does not regularly review posted content.

11. Governing Jurisdiction of the Courts [California]

Our Web site is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our Web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.

12. Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

13. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 MyOwnCarShow.com, with all rights reserved, or is the property of MyOwnCarShow and/or third parties protected by intellectual property rights. Any use of materials on the Web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of MyOwnCarShow is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of MyOwnCarShow.

MyOwnCarShow™ and MyOwnCarShow.com™ are proprietary marks of MyOwnCarShow.com. MyOwnCarShow’s trademarks may not be used in connection with any product or service that is not provided by MyOwnCarShow, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MyOwnCarShow.

All other trademarks displayed on MyOwnCarShow’s Web site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with MyOwnCarShow.

14. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, MyOwnCarShow.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail
MyOwnCarShow
1179 Edgewood Drive, Redding CA 96003
By Email: Norm@MyOwnCarShow.com

15. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by MyOwnCarShow, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.


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