|
|
Terms of Use
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including
all Content available through the ShowTimeRides.com domain
name, the "ShowTimeRides Website", or "Website"), YOU SIGNIFY
YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of
Service") AND THE TERMS AND CONDITIONS OF SHOWTIMERIDE'S
PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.showtimerides.com/terms.htm,
AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not
agree to any of these terms, then please do not use the
ShowTimeRides Website.
2. ShowTimeRides Website
These Terms of Service apply to all users of the ShowTimeRides
Website, including users who are also contributors of video
content, information, and other materials or services on the
Website. The ShowTimeRides Website may contain links to third
party websites that are not owned or controlled by
ShowTimeRides. ShowTimeRides has no control over, and assumes
no responsibility for, the content, privacy policies, or
practices of any third party websites. In addition,
ShowTimeRides will not and cannot censor or edit the content
of any third-party site. By using the Website, you expressly
relieve ShowTimeRides from any and all liability arising from
your use of any third-party website. Accordingly, we encourage
you to be aware when you leave the ShowTimeRides Website and
to read the terms and conditions and privacy policy of each
other website that you visit.
3. Website Access
A. ShowTimeRides hereby grants you permission to use the
Website as set forth in this Terms of Service, provided that:
(i) your use of the Website as permitted is solely for your
personal, noncommercial use; (ii) you will not copy or
distribute any part of the Website in any medium without
ShowTimeRide's prior written authorization; (iii) you will not
alter or modify any part of the Website other than as may be
reasonably necessary to use the Website for its intended
purpose; and (iv) you will otherwise comply with the terms and
conditions of these Terms of Service.
B. In order to access some features of the Website, you will
have to create an account. You may never use another's account
without permission. When creating your account, you must
provide accurate and complete information. You are solely
responsible for the activity that occurs on your account, and
you must keep your account password secure. You must notify
ShowTimeRides immediately of any breach of security or
unauthorized use of your account. Although ShowTimeRides will
not be liable for your losses caused by any unauthorized use
of your account, you may be liable for the losses of
ShowTimeRides or others due to such unauthorized use.
C. You agree not to use or launch any automated system,
including without limitation, "robots," "spiders," "offline
readers," etc., that accesses the Website in a manner that
sends more request messages to the ShowTimeRides servers in a
given period of time than a human can reasonably produce in
the same period by using a convention on-line web browser.
Notwithstanding the foregoing, ShowTimeRides grants the
operators of public search engines permission to use spiders
to copy materials from the site for the sole purpose of
creating publicly available searchable indices of the
materials, but not caches or archives of such materials.
ShowTimeRides reserves the right to revoke these exceptions
either generally or in specific cases. You agree not to
collect or harvest any personally identifiable information,
including account names, from the Website, nor to use the
communication systems provided by the Website for any
commercial solicitation purposes. You agree not to solicit,
for commercial purposes, any users of the Website with respect
to their User Submissions.
4. Intellectual Property Rights
The content on the ShowTimeRides Website, except all User
Submissions (as defined below), including without limitation,
the text, software, scripts, graphics, photos, sounds, music,
videos, interactive features and the like ("Content") and the
trademarks, service marks and logos contained therein
("Marks"), are owned by or licensed to ShowTimeRides, subject
to copyright and other intellectual property rights under
United States and foreign laws and international conventions.
Content on the Website is provided to you AS IS for your
information and personal use only and may not be used, copied,
reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective
owners. ShowTimeRides reserves all rights not expressly
granted in and to the Website and the Content. You agree to
not engage in the use, copying, or distribution of any of the
Content other than expressly permitted herein, including any
use, copying, or distribution of User Submissions of third
parties obtained through the Website for any commercial
purposes. If you download or print a copy of the Content for
personal use, you must retain all copyright and other
proprietary notices contained therein. You agree not to
circumvent, disable or otherwise interfere with security
related features of the ShowTimeRides Website or features that
prevent or restrict use or copying of any Content or enforce
limitations on use of the ShowTimeRides Website or the Content
therein.
5. User Submissions
A. The ShowTimeRides Website may now or in the future permit
the submission of videos or other communications submitted by
you and other users ("User Submissions") and the hosting,
sharing, and/or publishing of such User Submissions. You
understand that whether or not such User Submissions are
published, ShowTimeRides does not guarantee any
confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User
Submissions and the consequences of posting or publishing
them. In connection with User Submissions, you affirm,
represent, and/or warrant that: (i) you own or have the
necessary licenses, rights, consents, and permissions to use
and authorize ShowTimeRides to use all patent, trademark,
trade secret, copyright or other proprietary rights in and to
any and all User Submissions to enable inclusion and use of
the User Submissions in the manner contemplated by the Website
and these Terms of Service; and (ii) you have the written
consent, release, and/or permission of each and every
identifiable individual person in the User Submission to use
the name or likeness of each and every such identifiable
individual person to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and
these Terms of Service. For clarity, you retain all of your
ownership rights in your User Submissions. However, by
submitting the User Submissions to ShowTimeRides, you hereby
grant ShowTimeRides a worldwide, non-exclusive, royalty-free,
sublicenseable and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform
the User Submissions in connection with the ShowTimeRides
Website and ShowTimeRides's (and its successor's) business,
including without limitation for promoting and redistributing
part or all of the ShowTimeRides Website (and derivative works
thereof) in any media formats and through any media channels.
You also hereby grant each user of the ShowTimeRides Website a
non-exclusive license to access your User Submissions through
the Website, and to use, reproduce, distribute, prepare
derivative works of, display and perform such User Submissions
as permitted through the functionality of the Website and
under these Terms of Service. The foregoing license granted by
you terminates once you remove or delete a User Submission
from the ShowTimeRides Website.
C. In connection with User Submissions, you further agree that
you will not: (i) submit material that is copyrighted,
protected by trade secret or otherwise subject to third party
proprietary rights, including privacy and publicity rights,
unless you are the owner of such rights or have permission
from their rightful owner to post the material and to grant
ShowTimeRides all of the license rights granted herein; (ii)
publish falsehoods or misrepresentations that could damage
ShowTimeRides or any third party; (iii) submit material that
is unlawful, obscene, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a
criminal offense, give rise to civil liability, violate any
law, or is otherwise inappropriate; (iv) post advertisements
or solicitations of business: (v) impersonate another person.
ShowTimeRides does not endorse any User Submission or any
opinion, recommendation, or advice expressed therein, and
ShowTimeRides expressly disclaims any and all liability in
connection with User Submissions. ShowTimeRides does not
permit copyright infringing activities and infringement of
intellectual property rights on its Website, and ShowTimeRides
will remove all Content and User Submissions if properly
notified that such Content or User Submission infringes on
another's intellectual property rights. ShowTimeRides reserves
the right to remove Content and User Submissions without prior
notice. ShowTimeRides will also terminate a User's access to
its Website, if they are determined to be a repeat infringer.
A repeat infringer is a User who has been notified of
infringing activity more than twice and/or has had a User
Submission removed from the Website more than twice.
ShowTimeRides also reserves the right to decide whether
Content or a User Submission is appropriate and complies with
these Terms of Service for violations other than copyright
infringement and violations of intellectual property law, such
as, but not limited to, pornography, obscene or defamatory
material, or excessive length. ShowTimeRides may remove such
User Submissions and/or terminate a User's access for
uploading such material in violation of these Terms of Service
at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent
thereof and believe that any User Submission or other content
infringes upon your copyrights, you may submit a notification
pursuant to the Digital Millennium Copyright Act ("DMCA") by
providing our Copyright Agent with the following information
in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed;
(ii) Identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a
representative list of such works at that site;
(iii) Identification of the material that is claimed to be
infringing or to be 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;
(iv) Information reasonably sufficient to permit the service
provider to contact you, such as an address, telephone number,
and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of
the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is
accurate, and under penalty of perjury, that you are
authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
ShowTimeRide's designated Copyright Agent to receive
notifications of claimed infringement is: Mike Chase, email:
copyright@ShowTimeRides.com. For clarity, only DMCA notices
should go to the Copyright Agent; any other feedback,
comments, requests for technical support, and other
communications should be directed to ShowTimeRides customer
service through http://www.ShowTimeRides.com/support.htm. You
acknowledge that if you fail to comply with all of the
requirements of this Section 5(D), your DMCA notice may not be
valid.
E. You understand that when using the ShowTimeRides Website,
you will be exposed to User Submissions from a variety of
sources, and that ShowTimeRides is not responsible for the
accuracy, usefulness, safety, or intellectual property rights
of or relating to such User Submissions. You further
understand and acknowledge that you may be exposed to User
Submissions that are inaccurate, offensive, indecent, or
objectionable, and you agree to waive, and hereby do waive,
any legal or equitable rights or remedies you have or may have
against ShowTimeRides with respect thereto, and agree to
indemnify and hold ShowTimeRides, its Owners/Operators,
affiliates, and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your use of
the site.
F. ShowTimeRides permits you to link to materials on the
Website for personal, non-commercial purposes only.
ShowTimeRides reserves the right to discontinue any aspect of
the ShowTimeRides Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE ShowTimeRides WEBSITE SHALL BE
AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
ShowTimeRides, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE WEBSITE AND YOUR USE THEREOF. ShowTimeRides MAKES NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY
SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL 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 OUR WEBSITE BY ANY THIRD PARTY,
AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF
ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE ShowTimeRides WEBSITE. ShowTimeRides DOES
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE ShowTimeRides WEBSITE OR ANY HYPERLINKED WEBSITE
OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
ShowTimeRides WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL ShowTimeRides, 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 OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL 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 OUR WEBSITE BY ANY
THIRD PARTY, 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 ShowTimeRides WEBSITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER ORNOT THE COMPANY 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.
YOU SPECIFICALLY ACKNOWLEDGE THAT ShowTimeRides 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.
The Website is controlled and offered by ShowTimeRides from
its facilities in the United States of America. ShowTimeRides
makes no representations that the ShowTimeRides Website is
appropriate or available for use in other locations. Those who
access or use the ShowTimeRides Website from other
jurisdictions do so at their own volition and are responsible
for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless ShowTimeRides,
its parent corporation, officers, directors, employees and
agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from: (i)
your use of and access to the ShowTimeRides Website; (ii) your
violation of any term of these Terms of Service; (iii) your
violation of any third party right, including without
limitation any copyright, property, or privacy right; or (iv)
any claim that one of your User Submissions caused damage to a
third party. This defense and indemnification obligation will
survive these Terms of Service and your use of the
ShowTimeRides Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or
an emancipated minor, or possess legal parental or guardian
consent, and are fully able and competent to enter into the
terms, conditions, obligations, affirmations, representations,
and warranties set forth in these Terms of Service, and to
abide by and comply with these Terms of Service. In any case,
you affirm that you are over the age of 13, as the
ShowTimeRides Website is not intended for children under 13.
If you are under 13 years of age, then please do not use the
ShowTimeRides Website—there are lots of other great web sites
for you. Talk to your parents about what sites are appropriate
for you.
10. Assignment
These Terms of Service, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may
be assigned by ShowTimeRides without restriction.
11. General
You agree that: (i) the ShowTimeRides Website shall be deemed
solely based in Nevada; and (ii) the ShowTimeRides Website
shall be deemed a passive website that does not give rise to
personal jurisdiction over ShowTimeRides, either specific or
general, in jurisdictions other than Nevada. These Terms of
Service shall be governed by the internal substantive laws of
the State of Nevada, without respect to its conflict of laws
principles. Any claim or dispute between you and ShowTimeRides
that arises in whole or in part from the ShowTimeRides Website
shall be decided exclusively by a court of competent
jurisdiction located in San Mateo County, Nevada. These Terms
of Service, together with the Privacy Notice at http://www.ShowTimeRides.com/terms.htm
and any other legal notices published by ShowTimeRides on the
Website, shall constitute the entire agreement between you and
ShowTimeRides concerning the ShowTimeRides Website. If any
provision of these Terms of Service is deemed invalid by a
court of competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining
provisions of these Terms of Service, which shall remain in
full force and effect. No waiver of any term of this these
Terms of Service shall be deemed a further or continuing
waiver of such term or any other term, and ShowTimeRide's
failure to assert any right or provision under these Terms of
Service shall not constitute a waiver of such right or
provision. ShowTimeRides reserves the right to amend these
Terms of Service at any time and without notice, and it is
your responsibility to review these Terms of Service for any
changes. Your use of the ShowTimeRides Website following any
amendment of these Terms of Service will signify your assent
to and acceptance of its revised terms. YOU AND ShowTimeRides
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO
THE ShowTimeRides WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
|