Motoring Universe Terms of Service
Thank you for your interest in using the online services (the “Service”) operated by Fortis Investments, LLC. d/b/a Motoring Universe (“Motoring Universe”) and offered through the Motoring Universe network of websites (the “Sites”). These Terms of Service (“Terms”) govern your use of the Service and the Sites (collectively, the “Motoring Universe Network”). Please read these Terms carefully. By using the Motoring Universe Network, you are stating that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use the Motoring Universe Network.
1. Your Responsibilities
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Motoring Universe Network and for paying all charges related thereto. When you register to become a member of the Motoring Universe Network, Motoring Universe collects certain personal information about you. You agree that Motoring Universe may use any information Motoring Universe obtains about you in accordance with the provisions of the Motoring Universe Network Privacy Policy. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. In addition, you agree not to use the Motoring Universe Network to: (a) violate any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortuous, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) transmit any material that contains adware, malware, spyware, 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; (e) stalk, harass, or harm another individual, including revealing the real name of any fellow user that has chosen to use an alias on the Motoring Universe Network; (f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (g) interfere with or disrupt the Motoring Universe Network or servers or networks connected to the Motoring Universe Network, or disobey any requirements, procedures, policies, or regulations of networks connected to the Motoring Universe Network.
2. User Submissions
Motoring Universe does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials you submit for display or distribution to others through the Motoring Universe Network (collectively, “User Submissions”). As between Motoring Universe and you, you own all rights to your User Submissions. However, you grant to Motoring Universe and Motoring Universe’s affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, world-wide, license (sub-licensable through multiple tiers) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed; provided, however, that the exercise by Motoring Universe of its rights under the foregoing license shall at all times be subject to the limitations upon disclosure of your User Submissions imposed upon Motoring Universe under the Motoring Universe Network Privacy Policy. Motoring Universe reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Motoring Universe does not pre-screen User Submissions and you agree that you are solely responsible for all of your User Submissions. Motoring Universe is not required to host, display, or distribute any User Submissions, and may remove at any time or refuse any User Submissions. Motoring Universe is not responsible for any loss, theft or damage of any kind to any User Submissions. Under no circumstances will Motoring Universe be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content Posted via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
3. Copyright Infringement
Motoring Universe respects the intellectual property rights of others. Accordingly, Motoring Universe has a policy of removing User Submissions that violate copyright law, suspending access to the Motoring Universe Network (or any portion thereof) to any user who uses the Motoring Universe Network in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Motoring Universe Network in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, Motoring Universe has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the Motoring Universe Network, please provide written notice to the following Motoring Universe address for notice of claims of copyright infringement.
Motoring Universe
1547 West E Place
La Center, WA 98629
Email: Copyright@MotoringUniverse.com
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Motoring Universe to locate that material; (d) contain adequate information by which Motoring Universe can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
4. Termination
Motoring Universe may terminate your Motoring Universe Network membership or suspend your access to all or part of the Motoring Universe Network, without notice, if you violate these Terms or you engage in any conduct that Motoring Universe, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of Motoring Universe, any other Motoring Universe Network user, or any third party. YOU AGREE THAT MOTORING UNIVERSE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR USER SUBMISSIONS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE MOTORING UNIVERSE NETWORK (OR ANY PORTION THEREOF). You may discontinue your participation in and access to the Motoring Universe Network at any time. Motoring Universe reserves the right to investigate your use of the Motoring Universe Network in the event Motoring Universe, in its sole and absolute discretion, believes you have violated these Terms.
5. Modifications to Terms
Motoring Universe may, in its sole and absolute discretion, change these Terms from time to time. Motoring Universe will post notice of such changes on the Sites. If you object to any such changes, your sole recourse shall be to cease using the Motoring Universe Network. Continued use of the Motoring Universe Network following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
6. Modifications to Motoring Universe Network
Motoring Universe reserves the right to modify or discontinue the Motoring Universe Network with or without notice to you. YOU AGREE THAT MOTORING UNIVERSE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD MOTORING UNIVERSE EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE MOTORING UNIVERSE NETWORK.
7. Fees
Motoring Universe reserves the right at any time to charge fees for access to new Motoring Universe Network content or services or to portions of the existing Motoring Universe Network content or services or to the Motoring Universe Network as a whole. In no event will you be charged for access to any Motoring Universe Network content or service, or to the Motoring Universe Network as a whole, unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
8. Password and Security
You are responsible for maintaining the confidentiality of your Motoring Universe Network password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify Motoring Universe of any unauthorized use of your password or any other breach of security related to the Motoring Universe Network. Motoring Universe reserves the right to require you to alter your password if Motoring Universe believes that your password is no longer secure. YOU AGREE THAT MOTORING UNIVERSE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.
9. Links
Motoring Universe’s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Motoring Universe’s endorsement of such other Web site or resource or its contents. YOU AGREE THAT MOTORING UNIVERSE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE.
10. No Commercial Use
You may not resell, distribute, make any commercial use of (other than to keep and share information for your own business purposes), use on a timeshare or service bureau basis, or use to operate a Web site or otherwise generate income from the Motoring Universe Network.
11. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE MOTORING UNIVERSE NETWORK IS AT YOUR SOLE RISK. THE MOTORING UNIVERSE NETWORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOTORING UNIVERSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE MOTORING UNIVERSE NETWORK (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). MOTORING UNIVERSE MAKES NO WARRANTY THAT THE MOTORING UNIVERSE NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE MOTORING UNIVERSE NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS, PHOTOGRAPHS, AND SOFTWARE FILES) STORED BY YOU OR OTHERS ON THE MOTORING UNIVERSE NETWORK IS NOT GUARANTEED AND THAT MOTORING UNIVERSE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE MOTORING UNIVERSE NETWORK OR ITS UNAVAILABILITY. MOTORING UNIVERSE MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MOTORING UNIVERSE NETWORK, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE MOTORING UNIVERSE NETWORK, OR THAT DEFECTS IN THE MOTORING UNIVERSE NETWORK WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MOTORING UNIVERSE NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOTORING UNIVERSE OR THROUGH THE MOTORING UNIVERSE NETWORK SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
12. Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MOTORING UNIVERSE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE MOTORING UNIVERSE NETWORK. Motoring Universe does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications or Content Posted via the Service. These communications and Posts express the views of the author and not necessarily the views of Motoring Universe. You acknowledge that any reliance on Content Posted via the Service (including but not limited to the discussion forums) will be at your own risk. You represent and warrant that your User Submissions and Motoring Universe’s authorized use thereof do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).
13. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Motoring Universe may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Motoring Universe’s liability shall be the minimum permitted under such applicable law.
14. Indemnification
You agree to indemnify, defend, and hold harmless Motoring Universe, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. Motoring Universe reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Motoring Universe’s defense of such claim.
15. Trademarks
“Motoring Universe” and the Motoring Universe design, as well as certain other of the names, logos, and materials displayed in the Motoring Universe Network constitute trademarks, trade names, service marks or logos (“Marks”) of Motoring Universe or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Motoring Universe or those other entities.
16. Copyrights; Restrictions on Use
The content on the Sites (the “Content”), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Motoring Universe or its licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Motoring Universe and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content..
17. Miscellaneous
These Terms, together with the terms of any end user license agreement to which you agree when downloading any software that Motoring Universe makes available through the Motoring Universe Network and any additional terms to which you agree when using particular elements of the Motoring Universe Network (e.g., terms specific to a site within the network of Sites or relating to the payment of fees for certain Motoring Universe Network content or services), constitute the entire and exclusive and final statement of the agreement between you and Motoring Universe with respect to the subject matter hereof, and govern your use of the Motoring Universe Network, superseding any prior agreements or negotiations between you and Motoring Universe with respect to the subject matter hereof. In the event of any conflict between these Terms and terms of a specific site within the network of Sites, these Terms shall govern. These Terms and the relationship between you and Motoring Universe shall be governed by the laws of the State of Washington as applied to agreements made, entered into, and performed entirely in Washington by Washington residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Motoring Universe Network shall be brought in the Federal or State courts located in Clark County, Washington, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Motoring Universe to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Motoring Universe and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Motoring Universe Networks or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 2 and 11 through 17 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Motoring Universe Network.