Terms of Service
Gearheads, welcome to GarageFuse! GarageFuse, LLC (“GarageFuse”, “our”, “us” or “we”) provides GarageFuse, an online service that allows users to engage around their number one passion, cars (the “Services”), through our website, accessible at www.garagefuse.com (the “Site”).
“Gearhead” means a person who accesses or uses the Site, Services, and any Site Content. We may refer to Gearheads as “you”.
2. How GarageFuse Works
After you create an Account to become a Member of GarageFuse, you may use the Site as a member and create your own profile and car profiles, whether in true 3D or with pictures of your own cars and engage with other Gearheads.This is the place to create your Gearhead identity!
3. Account Registration
To access certain features of the Site and Services and to contribute any Member Content (defined below) on the Site or through the Services, you must register to create an account (“Account”). The only way to register with GarageFuse is through your accounts with third party social networking services, such as Facebook or Twitter (collectively, “SNS”). After you have created your Account, you can login using those SNS credentials. By creating an account with your SNS account, you are allowing GarageFuse to access your information from the SNS and you will agree to adhere to the applicable terms and conditions of your SNS in your use of the SNS’s services.
GarageFuse users provide their real names and information, and we need your help to keep it that way. Towards that end:
- You will not register for GarageFuse and use this Site if you are under 13 years of age. Please come back once you are thirteen years of age or older;
- You will not provide any false personal information on GarageFuse, or create and account for anyone other than yourself without permission;
- You will not create more than one personal profile;
- If we disable your account, you will not create another one without our permission;
- You will not use GarageFuse if you are a convicted sex offender;
- You will keep your contact information accurate and up-to-date;
- You will not share your password or other login credentials, or do anything else that could jeopardize the security of your account;
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser);
- You will not transfer your account to anyone without getting our written permission;
- We reserve the right to remove or reclaim a username of yours if we believe appropriate, such as when a trademark owner complains about a username that does not closely relate to a user’s actual name.
GarageFuse reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services. We also reserve the right to modify these Terms at any time without prior notice. However, if we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or provided you with notice of the modification, you are indicating you agree to be bound by the modified Terms. However, if you do not agree to the modified Terms, your only recourse is to stop using the Site and Services.
6. Gearhead Member Content
As a Gearhead, we want you to post, upload, publish, submit and transmit Content (defined below) to share with others (“Member Content”). “Content” means text, graphics, 3D assets, images, music, software, audio, video, information or other materials. By making available any Member Content through the Site or Services, you hereby grant to GarageFuse a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publically perform, transmit, stream, broadcast, access, view, and otherwise use any Member Content (“Member Content License”). This Member Content License ends when you delete your Member Content or your Account, unless your Member Content has been shared with others, and they have not deleted it.
Unless stated otherwise, deleting Member Content deactivates the Content. This Content, however, may remain on our backup copies for a reasonable period of time.
You agree you are solely responsible for all Member Content you make available through the Site and Services. To that end, you represent and warrant that the Member Content:
- Is owned by you, or to the extent owned by someone else, that you have obtained that party’s express permission to provide the Member Content to us for use, copying and distribution under the license in this Agreement;
- Does not violate any copyright, trademark, radesecret, or other intellectual property right;
- Does not invade any individual’s right of privacy or publicity;
- Does not contain material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;
- Does not include malicious code;
- Does not break the law, facilitate breaking the law, or violate any applicable regulation or our rules or policies;
- Does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations.
We merely distribute Member Content, and are not a publisher of it. We do not endorse or Member Content. It is the responsibility of a Gearhead to evaluate the information, opinion, advice, or other Member Content.
We always appreciate your feedback and suggestions about GarageFuse. But, please understand we may use them without any obligation to compensate you for them.
7. Other Gearhead’s Rights
Please respect other Gearhead’sand people’s rights. Towards this end:
- Do not post content or take any action on GarageFuse that infringes or violates someone else’s rights or otherwise violates the law.
- We can remove any content or information you post on GarageFuse if we believe that it violates this TOS Agrement.
- We will want to help you protect your intellectual property rights, so we have created channels for you to do this. Please see the section in this TOS Agreement called “Protecting Intellectual Property”.
- If we remove your Member Content for infringing someone else’s copyright, and you believe w did so in mistake, please let us know.
- You will not use our copyrights or trademarks without our permission.
The Site, Services, Site Content, Member Content are protected by copyright, trademark, and other laws of the United States and of foreign countries. Except as expressly provided in these Terms, GarageFuse and its licensor’s exclusively own all right, title and interest in an to the Site, Services, Site Content, and Member Content, including all associated intellectual property rights.
9. Protecting Intellectual Property
GarageFuse adheres to copyright laws. We expect the same from Gearheads. To protect copyrighted works, GarageFuse has implemented a policy providing for the termination in appropriatecircumstances of Accounts thatrepeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Our copyright policy is in accordance with the Digital Millennium Copyright Act, a copy of which is located at http://www.loc.gov/copyright/laws/dmca.pdf. The address of GaragFuse’s Designated Agent for copyright takedown notices (“Designated Agent”) is listed below.
Reporting Copyright Infringement
If you believe that content existing or accessible on the Site or Services infringes a copyright you own or a copyright you are authorized to act on behalf of, please send a copyright infringement notice containing the following formation to the Designated Agent:
- Identify the copyrighted work you claim to be infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identify the material that is claimed to be infringed or to the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. This information may is likely a URL to the content.
- Provide your mailing address, telephone number, and, if available, and email address.
- Include in your notice to us a statement “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (such as a fair use).” Also include “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your fill legal name, and your electronic or physical signature.
- Deliver this Notice, with all complete items, to GaragFuse’s Designated Agent:
GarageFuse Copyright Agent
Gearheads, if you receive a copyright complaint from us, it means that GarageFuse has deleted some of your Member Content at the request of the content owner. If your account receives too many copyright complaints, GarageFuse may remove some of your privileges or disable your User Account completely.
There may come a day, however, when we remove Member Content in error in response to a copyright complaint. If you believe this has happened to you, you may file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy of it to the original complainant. The original complainant will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If GarageFuse does not receive any such notification within 10 days, we may restore the material to the Site and Service.
To file a counter-notice, reply to the notification email you received with all of the following:
- Your name, address, and telephone number.
- DMCA ID Printed at the bottom of the notification email.
- The source address, i.e. the link, of the content that was removed.
- A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside the United States, for any judicial district in which GarageFuse may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent of such person.
- A physical or electronic signature (typing your fill name fine).
GarageFuse respects the trademark rights of others. User Profiles or Member Content that misleads others or violates another’s trademark may be updated, transferred, or permanently suspended.
If you are concerned that someone may be illegally using your trademark on our Site, you can let us know by providing the below information. However, GarageFuse will review your submission and take actions, in its sole discretion, it deems appropriate, including temporary or permanent removal of the trademark from the Site and Services.
- Infringing Username
- Trademark Word, Symbol
- Details about why the user violates your rights
- Registration number
- Registration office
- Link to the trademark record
- Your full name
- Email address
- Relation to the trademark holder
- Company name
- Company address
- Company phone number
- State your desired outcome.
- State “I hereby state I have not authorized the challenged use, and I have a good-faith belief that the challenged use violates my rights.”
- State “I hereby state under penalty of perjury that all of the information in this notification is accurate and that I am the owner of the trademark, or authorized to act on behalf of the owner of the trademark.”
Contact us at firstname.lastname@example.org.
10. No Warranty
YOUR USE OF THE SERVICES AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES OR ANY SERVICE CONTENT, AND YOU RELY ON THE SERVICES AND SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
11. Limitation of Liability
WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any and all costs, damages, expenses (including but not limited to attorney’s fees), and liability caused by your use of the Services and Service Content, your violation of these Terms, or your violation of any rights of a third party through use of the Site, Services, Service Content, or Member Content.
13. Miscellaneous Legal Information
This TOS Agreement is binding. No amendments or modifications my be made except as set forth in the Agreement and Amendments section below or in a written document, signed by both parties. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The failure by any party to exercise any right provided herein shall not be deemed a waiver or forfeiture of any such right.
This TOS Agreement and all rights appurtenant hereto shall be fully transferable or assignable by us, in whole or in part, by operation of law, by virtue of an acquisition or merger of us, or otherwise, without any consent from you.
Every provision of this TOS Agreement is intended to be severable. If any section of this TOS Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this TOS Agreement will remain in full for and effect.
This Agreement is governed by the laws of the State of [ ], without regard to its choice of law provisions. The parties agree that any dispute involving us related to this TOS Agreement or the Site that cannot be settled by good faith negotiation will be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be [city and state]. There will be a single arbitrator with experience in computer technology and social networks. The decision of the arbitrator will be legally binding and will be enforceable in any court of competent jurisdiction.
This TOS Agreement is effective until terminated. We may terminate or suspend this TOS Agreement immediately if in our sole judgment you breach any of the terms and conditions in this Agreement. All provisions of this TOS Agreement relation to payment, disclaimers, limitation of liability, indemnification, confidentiality, and proprietary rights shall survive termination or expiration of this TOS Agreement.
This TOS Agreement, including all documents referenced herein, represent the entire understanding between you and us regarding your relationship with us and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE by using the GaragFuse Site.