About MyMotor
Terms of Use
Welcome to mymotor! Mymotor is a automotive social network that connects you to other people with similar interests. Mymotor is owned and operated by Endeavour Media Group. Endeavour Media Group can be contacted at 2880 Zanker Road, Suite 203, San Jose, CA 95134.
By accessing or using our web site at www.mymotor you signify that you have read, understood and agree to be bound by these terms of use. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eligibility
Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older, and users of the Site under 18 who are currently in high school or college. Any registration by, use of or access to the Site by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Trademark
mymotor is a registered trademark of Endeavour Media Group. Other products and company names mentioned herein may be trademarks and/or service marks of their respective owners.
Copyright
Copyright in mymotor (including but not limited to text, photographs, graphics and software) is owned by or licensed to the publishers, Endeavour Media Group. All rights are hereby reserved by Endeavour Media Group. Users may access content in mymotor solely for their own personal, non-commercial use. Users may not otherwise download or copy, store in any medium (including any other website), distribute, transmit, re-transmit, modify or show in public any part of Mymotor without the prior written consent of Endeavour Media Group. If you wish to make inquiries about a licence to reproduce material from the websites of Mymotor, please contact us. By posting material on this website, you promise that it does not infringe any third party rights.
Registration
By registering, you certify that all information you provide in the registration is accurate. Users may only maintain one active registration. In other words, it's one registration per person. By accepting this agreement, you certify that you have no other registration with Mymotor. You may not register a username that contains any reference to a company or website name.
Our Content
Except as expressly provided in this Agreement, all of the content on this site is the property of Mymotor or has been licensed for use by Mymotor and is protected by US and international copyright laws. "Content" means any information, mode of expression, or other material and services found on Mymotor. This includes discussion boards, chat, software, our writings, graphics and any and all other features found on this website. Our content is intended for individual, personal use only. Any copying, distribution, storing or transmission of any kind, or any sort of commercial use of our content is strictly prohibited without our prior written permission.
We do not warrant that the website, its content or the server that makes it available are error or virus free or free of other harmful components or that your use of this website will be uninterrupted.
If you are dissatisfied with the website or any content or materials on it, your sole exclusive remedy is to discontinue your use of the website.
All content of this website including but not limited to the text, photographs, images, graphics, illustrations, designs, written and other material including the program and code that operates this website (together the 'content') is protected by copyright, trade mark and/or other proprietary rights owned by or licensed to us. Downloading, printing or copying of any content from this website is permitted only for the purposes of personal use in which case you must acknowledge the source of the material. All other uses of the content are expressly prohibited.
The website may provide links to other websites, the content of which is not in our control. Accordingly we cannot accept any responsibility for the materials featured on such websites. Links to such websites are not to be taken as an endorsement of such websites or as a warranty that such websites will be free of viruses or other such items of a destructive nature.
Please note that any goods and services supplied or made available through this website or through sites which are linked to this website are supplied by third parties and not by us (unless stated otherwise). Any dealings between you and such third parties, including payment for and delivery of products or services and any other terms, conditions, warranties or representations, acts or omissions associated with such dealings, are solely between you and the third party. You agree not to hold us liable for any loss or damage of any kind incurred as the result of any such dealings.
User Supplied Content
The website contains material submitted and created by private and trade advertisers and other third parties. We exclude all liability for any illegality arising from such material, or any errors, omissions or inaccuracies in such material.
Your Conduct
Mymotor encourages active and open debate among our members. All that we ask is that it's done in a lawful and civil manner – be it posting on our boards or using our system to email another user directly. Accordingly, you agree to use Mymotor for lawful purposes only.
You may not use, or allow others to use, your membership to:
- Post or transmit any content that is abusive, vulgar, obscene, hateful, fraudulent, unlawful, threatening, harassing, or defamatory or which discloses private or personal matters concerning any person;
- Post or transmit any material that you do not have a right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (as in nondisclosure agreements);
- Post, transmit, or link to sexually explicit material;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or entity;
- Post or transmit statements that are intentionally false or misleading, or use such statements to manipulate the market for any security;
- Post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters or pyramid schemes;
- Collect or store personal data about other users;
- Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer.
- You also agree to comply with our Code Of Conduct.
While we can't review all transmissions by our users, Mymotor reserves the right to monitor any information transmitted or received through our service. Mymotor, at our sole discretion and without prior notice, may at any time review, edit, remove, or otherwise block any material posted on this website or terminate your membership for violating the above provisions.
You are responsible for all statements made and acts that occur through the use of your membership and password. Please don't disclose your password to anybody. If your password has been stolen, you must contact us immediately.
Termination
Mymotor may terminate your membership, delete your profile and any content or information that you have posted on the site for any reason or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13.
Indemnification
In the event of a breach of this agreement - and a loss being suffered as a consequence - Mymotor will look to hold the consumer responsible for reasonable losses.
Disclaimer of Warranties and Liability
Mymotor cannot and does not warrant the completeness or accuracy of the news or editorial content found on our site.
You understand and acknowledge that information posted or transmitted by other users are the sole responsibility of the person from which such material originated. Mymotor takes no responsibility for the accuracy, completeness, or truth of the information posted on this website.
Mymotor shall not be liable for any decision made or action taken by you or others based upon reliance on news published by Mymotor. We rely on various sources of information that we believe to be accurate and reliable.
Members' Privacy
We need to understand who is reading our site to provide the most appropriate content and to source advertising from appropriate companies. We will also use your profile to improve your online experience at Mymotor with customised features and new facilities that will be offered to registered users.
Mymotor will not disclose any of your personal information you provide us as part of your membership registration except when we have your permission or under special circumstances, for example if required by law. Mymotor does not sell or rent user information to anyone without explicit permission.
Information gathered when buying items in our shop is not used for any other purposes than to complete your order.
Mymotor carries out research based on the information you put forward and we may share this aggregated information with advertisers or partners.
Use of Cookies
A cookie is a small piece of data that is stored on your computer. It is set by us when you visit www.mymotor or any other website owned by Endeavour Media Group and can only be accessed and used by us. Each cookie has an expiry date that determines how long the cookie lasts. Cookies do not contain any personally identifying information, however, when you register for the Service, the cookie may be combined with personal information that you have given us as a part of registration. We use cookies in several ways to improve our services. Please be aware that we only use cookies when they are absolutely necessary and always ensure that they last only for as long as they are useful.
We use cookies for the following purposes:
- Remembering your preferences - Certain web pages provide you with the option to customise pages and/or settings within a web page. A cookie is used to store that information so that the site can remember what settings were changed the next time you return to that page.
- Signing In - When you sign in a cookie is used so that you do not have to sign in to every page that you go to.
- Advertisements - We use cookies to ensure that you do not have to see the same popup advertisements repeated over and over again within a short period of time.
How to disable cookies:
Below we provide information on how to disable cookies on some of the most used browsers. If you use a browser which is not featured below you should be able to access information on how to disable cookies by going to the "Help" section of that browser.
Microsoft Internet Explorer v.6 - In your browser click on "Tools" then choose "Internet options". Click on the "Privacy" tab. On the privacy tab, click on the "Advanced" button. A window will pop open where you can modify the settings that your browser uses to handle cookies. Check the box next to "Override automatic cookie handling". This will activate the options below where you can manually change the cookie handling settings.
Microsoft Internet Explorer v.5 and v.5.5 - In your browser window click on "Tools" then choose "Internet options". Click the "Security" button. A window will pop up and then you should choose "Custom level". Scroll down the list of options until you find options under the "Cookies" heading. Here you can change the settings of how your browser should handle cookies.
Netscape Navigator v.4.75 - In the browser window, click "Edit" and choose "Preferences". A window will pop open where you can modify many of the browser settings. Click on the "Advanced" option to highlight it. The advanced option screen will appear on the right where you can modify the way the browser should handle cookies.
Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Mymotor, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company 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, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'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 COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Termination
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13, or under 18 and not in high school or college. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.
Arbitration
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
Other
These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
More information
If you have any questions about this Terms Of Use, the practices of this site, or your dealings with this Web site, please contact us at info@mymotor.com