Terms of Use Agreement
Read This "Terms of Use" Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on November 24, 2006.
This Terms of Use Agreement (the "Agreement") sets forth the terms, standards and codes of conduct of VehicleClips.com.(the "Site") operated by VehicleClips.comâ„¢ LLC ("VehicleClips.com"). By using the Site, you (the "User") 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 the Site and Service (defined below). VehicleClips.com reserves the right to modify the terms of this Agreement at any time, without notice, which modification shall be effective immediately upon posting to the Site. Accordingly, we suggest that you check this page periodically. To make your review more convenient, we will post a version number or date at the top of this page. Your continued use of the Site and 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
VehicleClips.com provides:
To access the Service, User must provide: (1) all equipment necessary for their own Internet connection, including computer, modem, and portable media player; (2) all equipment necessary to produce their own automotive videos; and (3) access to the Internet via an Internet Service Provider, and payment of all fees relating to such Internet
connection.
2. User Obligations
You, as a User of VehicleClips.com agree not to do any of the following while using the Site or Service:
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Violate any applicable law or regulation;
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Post or transmit any Content that You do not have the right to post or transmit under any law, contractual duty or fiduciary relationship;
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Post or transmit any Content that infringes a third party's intellectual property rights, rights of publicity or privacy;
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Post or transmit any Content that is unlawful, untrue, harassing, libelous, defamatory, sexually explicit, hateful, abusive, tortious, threatening, harmful (including but not limited to viruses, corrupted files, or any other similar software
or programs) or otherwise objectionable;
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Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
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Tamper with postings of other users; gather and use information, such as other users' email
addresses,
available from the Site to transmit any unsolicited advertising, "junk mail", "spam", or "chain letters;"
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Post false or misleading information about a product or service;
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Impersonate
or misrepresent your affiliation with any person or entity.
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Sell, rent, reproduce, modify, display, publish, perform, and/or prepare derivative works based on materials furnished by VehicleClips.com or other users of the Service for any commercial purpose without the prior written consent of VehicleClips.com or the rights holder.
3. User Submissions - Rights and Warranties Granted to VehicleClips.com
When User posts information, text, files, links, software, or other materials ("User Submitted Content") to the Site, User grants to VehicleClips.com:
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A royalty-free, non-exclusive, worldwide, perpetual, irrevocable, fully-sub-licensable right to use, reproduce, modify, transmit, distribute, perform, display and delete such User Submitted content (in whole or in part);
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A right
to incorporate such User Submitted Content in other works in any form, media or technology now known or later developed;
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A right to redistribute such User Submitted Content, in a downloadable or non-downloadable form, to Internet video services, including without limitation, Google Video, Yahoo! Video and YouTube.
When User posts User Submitted Content, it warrants that it is either the owner of all materials comprising the User Submitted Content, or that the owner of any materials not owned by User comprising such User Submitted Content has expressly granted User all rights necessary to participate in the activities covered by this Agreement.
4. Unedited and Unmonitored User Submitted Content
In the case of User Submitted Content, VehicleClips.com acts as a distributor (not a publisher) of unedited content supplied by third parties and users of this Site. VehicleClips.com exercises no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available
by User Submitted Content are those of the respective Users and not of VehicleClips.com. VehicleClips.com neither endorses nor is responsible for the accuracy or reliability of any unedited opinion, advice, information, or statement made on this Site by anyone other than authorized VehicleClips.com employees acting in their official capacities or third parties over whom VehicleClips.com exercises editorial control. YOU UNDERSTAND AND ACKNOWLEDGE THAT VehicleClips.com DOES NOT MONITOR USER SUBMITTED CONTENT FOR
ACCURACY OR RELIABILITY.
5. Disclaimer of Service
THE INFORMATION PROVIDED MAY NOT BE ACCURATE, SUFFICIENT OR APPROPRIATE FOR EVERY INDIVIDUAL OR SITUATION. YOU USE THE SITE AT YOUR OWN RISK. VehicleClips.com STRONGLY URGES YOU TO CONSULT A PROFESSIONAL OR GAIN EXPERT OPINION FROM THE APPROPRIATE FIELD BEFORE USING ANY OF THE INFORMATION PROVIDED BY VehicleClips.com AND THE SERVICE. VehicleClips.com
makes efforts to maintain a clean and virus free server, however VehicleClips.com does not warrant that the Site and Service will be error free or free of viruses or other harmful components. Users should maintain backup copies of its User Submitted Content.
6. Modifications and Interruption to Service
VehicleClips.com reserves the right to modify or discontinue the Service without notice to the User. VehicleClips.com shall not be liable to User or any third party should VehicleClips.com exercise its right to modify or discontinue the Service. User acknowledges and accepts that VehicleClips.com does not guarantee continuous, uninterrupted
or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Cost to User
VehicleClips.com does not currently charge users of the Site and Service for membership and access to Video Downloads, but reserves the right to do so in the future for these and any future service provided.
8. Minimum Age Requirement
You may not use the Service unless you are at least thirteen (13) years old. In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), VehicleClips.com will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age. You affirm that you
are over the age of thirteen (13) years.
9. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User 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.
10. Disclaimer of Warranties
The Site and Service is provided by VehicleClips.com on an "as is" and on an "as available" basis. VehicleClips.com EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICE OR ITS CONTENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE
FOREGOING EXCLUSION OF IMPLIED WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
11. Limitation of Liability
IN NO EVENT SHALL VehicleClips.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF VehicleClips.com SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE AND SERVICE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE SITE AND SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VIEWSO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
USER SPECIFICALLY ACKNOWLEDGES THAT VehicleClips.com SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
12. Indemnification
User agrees to indemnify and hold VehicleClips.com, its parents, subsidiaries, affiliates, officers, employees and contractors, harmless from and against any and all third party claims, demands, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature arising from or in any
way related to: (i) your use of the Site and/or the Service; (ii) your violation of any term of this Agreement; (iii) your violation or infringement of any third party rights; or (iv) any claim that your User Submitted Content caused damage to a third party ,. In such a case, VehicleClips.com will provide you with written notice of such claim, suit or action.
13. Cancellation
User may cancel its registration at any time by notifying us. VehicleClips.com may cancel a User's registration at any time for any reason without notice. When a User's registration is canceled, that User may no longer have access to User Submitted Content in the Site and Service. The material may be deleted. The provisions entitled "Disclaimer
of Warranties," "Indemnification," "Limitation of Liability," and "General Provisions" will survive cancellation of a User's registration.
14. Advertising Rights
VehicleClips.com reserves and has the right to sell, license and/or display any advertising, promotional and distribution rights in connection with User Submitted Content and VehicleClips.com will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights.
15. Third-Party Sites
The Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. User acknowledges that VehicleClips.com is not responsible for the availability of, or the content located on or through, any third-party site. User should contact the site administrator or webmaster for those third-party
sites if there are any concerns regarding such links or the content located on such sites. User's use of those third-party sites is subject to the terms of use and privacy policies of each site, and VehicleClips.com is not responsible therein. VehicleClips.com encourages all Users to review said terms of use and privacy policies of third-parties' sites.
16. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by vendors or collected from publicly available sources. VehicleClips.com 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.
17. Copyright and Trademark Information
All content included or available on this site, including videos, site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 VehicleClips.com™ LLC, will all rights reserved, or is the property of VehicleClips.com and/or third parties protected by intellectual property rights. Any use of materials on the website,
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 VehicleClips.com is strictly prohibited. Users 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 VehicleClips.com.
VehicleClips.com is the proprietary mark of VehicleClips.comâ„¢ LLC. VehicleClips.com trademarks may not be used in connection with any product or service that is not provided by VehicleClips.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VehicleClips.com.
All other trademarks displayed on the 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
VehicleClips.com.
18. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, VehicleClips.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
By Email: legal@VehicleClips.com. 
19. Botnets
VehicleClips.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, VehicleClips.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination
at VehicleClips.com's discretion.
20. General Provisions
This Agreement may not be transferred or assigned to a third party by User, but this Agreement may be assigned to a third party by VehicleClips.com without restriction. 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. 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 User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. User agrees that: (i) the Site is operated
and provided in the State of Michigan; (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over VehicleClips.com, either specific or general, in jurisdictions other than Michigan. This Agreement shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. Any claim or dispute between User and VehicleClips.com that arises from User's use of the Site and Service shall be decided exclusively by a court
of competent jurisdiction located in Detroit, Michigan. If you choose to access the Site you agree to do so subject to the internal laws of the State Michigan. YOU AND VehicleClips.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE AND SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
