CARSTALKER is an online sharing service where users share images of exotic vehicles. Users who upload shared images on CARSTALKER shall certify they own the copyright to the images shared. By posting photos, CARSTALKER reserves the right to distribute (or delete) all photos uploaded on the website.
We provide the Service to you, subject to the following Terms of Service ("TOS"), which may be updated in our sole discretion from time to time without notice to you. By registering/uploading a photo, you accept these Terms and you acknowledge these Terms constitute a binding agreement between you and www.carstalker.com.You agree that your continued use of the Service after such update will constitute your acceptance of and agreement to be bound by the updated TOS. Should the TOS change, and you do not agree with the new TOS, you will cease to utilize any content downloaded or delete any content drawn or uploaded to www.carstalker.com upon revision of the revised TOS.
You can review the latest version of the TOS at any time at: http://www.carstalker.com/tcs.php
You are responsible for all of the images you upload to our site. You must have the legal right to copy and display each image that you upload, share or print. You should assume that all text, graphics and images that you find on the World Wide Web are subject to a copyright. In general, it is a violation of [federal] law to copy text, graphics or images that are subject to a copyright and use the copyrighted material on custom products created using this service without the consent of the owner of the copyright. Before copying any text, graphics or images, you must confirm that it is in the public domain and not subject to a copyright or obtain the consent of the owner of the copyright to use the material. You authorize www.carstalker.com to cooperate with copyright owners who claim that you have infringed or may infringe their intellectual property rights. This cooperation includes, but is not limited to taking the following action without notice: disclosing your material and any other information you have disclosed to us to the copyright owner or its agent and destroying all alleged infringing material. www.carstalker.com may also suspend or terminate the account of a customer who appears to be infringing Intellectual Property, and may take further appropriate action.
You are allowed to use www.carstalker.com and any content provided by www.carstalker.com if you are 13 years or older or if your parent or guardian who is 18years or older agrees to all of the terms listed. If you or your parent or guardian do not agree to the entire terms listed on this page then you shall not use www.carstalker.com or any content provided by www.carstalker.com.
MEMBER ACCOUNT, PASSWORD AND SECURITY
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. You agree to (a) immediately notify www.carstalker.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. www.carstalker.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You agree that you will use the Website and any products ordered thereon at all times in accordance with all applicable International and United States federal, state and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity.
In particular, you shall not use www.carstalker.com to download or upload information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), from www.carstalker.com that will be used or characterized as:
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- Intentionally or unintentionally violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange ;
- Derogatory, humiliating or condescending towards any person, group of people, associations, organizations or corporations;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Expressing hate towards any one or group;
- Porn or advertises sexual activities even if it was legal in your state or country;
- Harm others in any way;
- Harass other users;
- Violating any laws.
Members are also expected to treat other members civilly and engaging other members in a derogatory or condescending manner will not be tolerated.
Failure to adhere to any of the aforementioned stipulations can result in suspension or expulsion from the Web site. Decisions to penalize a member will be made solely by the site administrators.
Any content from www.carstalker.com can be shared or taken from the site but must prominently attribute www.carstalker.com as the source. Members should also respect the copyrighted material uploaded by other members at all times.
You will provide us information about yourself, your email address when you register to be able to use personalized services. CARSTALKER will not distribute or sell your email address.
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses.
CARSTALKER does not claim ownership of content you submit or make available for inclusion on the www.carstalker.com. However, with respect to content you submit or make available for inclusion on publicly accessible areas of CARSTALKER, you grant CARSTALKER the following worldwide, royalty-free and non-exclusive license(s), as applicable:
- With respect to content you submit or make available for inclusion on publicly accessible areas of CARSTALKER, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on CARSTALKER solely for the purposes of providing and promoting CARSTALKER to which such content was submitted or made available. This license exists only for as long as you elect to continue to include such content on CARSTALKER and will terminate at the time you remove or CARSTALKER removes such content from the CARSTALKER.
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of CARSTALKER, the license to use, distribute, reproduce, modify, adapt, and publicly display such content on the CARSTALKER solely for the purpose for which such content was submitted or made available. This license exists only for as long as you elect to continue to include such content on the CARSTALKER and will terminate at the time you remove or CARSTALKER removes such Content from the CARSTALKER.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the CARSTALKER other than CARSTALKER, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed.
Similar to other commercial Web sites, our Web site utilizes a standard technology called "cookies" (see explanation below, "What Are Cookies?") and Web server logs to collect information about how our Web site is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Web site, and the Web sites visited just before and just after our Web site. We may also use small pieces of code called web beacons or clear gifs to determine which advertisements and promotions users have seen and how users responded to them.
The website usage information is collected both by us, and by third party tools that we use like Google analytics, which are used to serve the same purpose.
Broadly speaking, we use personal information for purposes of administering and expanding our business activities, providing customer service and making available other products and services on our website. Occasionally, we may also use the information we collect to notify you about important changes to our Web site and new services. You may notify us at any time if you do not wish to receive these offers by opting out of any email correspondence using the links provided in the email message. We neither share your personal information nor sell to any other parties, unless required to do so under legal proceedings.
WHAT ARE COOKIES?
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a Web site, that site's computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each Web site can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a Web site to access the cookies it has already sent to you, not the cookies sent to you by other sites.
Occasionally, we may also use the information we collect to notify you about important changes to our Web site, new services and other facts that we think you will find valuable. You will be given the opportunity to notify us of your desire not to receive these offers by using links at the bottom of the email
You agree to indemnify and hold www.carstalker.com, affiliates, officers, shareholders, employees, agents, internet service providers, and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys' fees, due to or arising out of your use of the Website, your content and/or images, your use of the customized products, your default under any provision in these Terms, your violation of any laws and your violation of any rights of another person.