Terms of Use Agreement
Effective: August 20, 2007
VolksRide.com
and Volksblog.com for the
sake of convenience and because of their relationship will be referred to as
one entity VolksRide.com
(both of which are Vintage Bucket Inc properties). VolksRide.com is a Volkswagen
enthusiast site that provides services that allows Members to communicate with
like enthusiast and private sellers and commercial product vendors. The
services offered by VolksRide.com
("VolksRide.com"
or "we") include the VolksRide.com
and Volksblog.com websites
(the "VolksRide Website" and “VolksBlog Website”), the VolksRide.com Internet chat service, the VolksRide.com user
classifieds, VolksBlog.com blogging and any other
features, content, or applications offered from time to time by VolksRide.com in connection
with the VolksRide Website (collectively, the "VolksRide Services"). The VolksRide
Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") constitute the legally
binding terms for your use of the VolksRide Services.
By using the VolksRide Services, you agree to be
bound by this Agreement, whether you are a "Visitor" (which means
that you simply browse the VolksRide Website) or you
are a "Member" (which means that you have registered with VolksRide.com). The term
"User" refers to a Visitor or a Member. You are only authorized to
use the VolksRide Services (regardless of whether
your access or use is intended) if you agree to abide by all
applicable laws and to this Agreement. Please read this Agreement carefully and
save it. If you do not agree with it, you should leave the VolksRide
Website and discontinue use of the VolksRide Services
immediately. If you wish to become a Member, communicate with other Members and
make use of the VolksRide Services, you must read
this Agreement and indicate your acceptance during the Registration process.
This Agreement includes VolksRide.com's policy for
acceptable use of the VolksRide Services and Content
posted on the VolksRide Website, your rights,
obligations and restrictions regarding your use of the VolksRide
Services and VolksRide.com's Privacy Policy. In order to participate in certain VolksRide Services, you may be notified that you are
required to download software or content and/or agree to additional terms and
conditions. Unless otherwise provided by the additional terms and conditions
applicable to the VolksRide Services in which you
choose to participate, those additional terms are hereby incorporated into this
Agreement. You may receive a copy of this Agreement by clicking the Terms of
Agreement link on the bottom of each Volksride.com page.
VolksRide.com reserves the
right to modify this Agreement from time to time and such modification shall be
effective upon posting by VolksRide.com
on the VolksRide Website. You agree to be bound to
any changes to this Agreement when you use the VolksRide
Services after any such modification is posted. It is therefore important that
you review this Agreement regularly to ensure you are updated as to any
changes. If you do not agree to any
modification, you should stop using the Service immediately.
Please choose carefully the information you post on VolksRide.com and that you
provide to other Users. Your VolksRide.com
profile may not include the following items: profanity, offensive, or
inappropriate language, unlawful content, and any photographs containing
nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or
otherwise objectionable subject matter. Despite this prohibition, information
provided by other VolksRide.com
Members (for instance, in their Profile) may contain inaccurate, inappropriate,
offensive or sexually explicit material, products or services, and VolksRide.com assumes no
responsibility or liability for this material. If you become aware of misuse of
the VolksRide Services by any person, please send an
email to abuse@VolksRide.com.
VolksRide.com reserves the
right, in its sole discretion, to reject, refuse to post or remove any posting
(including private messages) by you, or to restrict, suspend, or terminate your
access to all or any part of the VolksRide Services
at any time, for any or no reason, with or without prior notice, and without
liability. VolksRide expressly reserves the
right to remove your profile and/or restrict, suspend, or terminate your access
to any part of VolksRide Services if VolksRide determines, in its sole discretion, that you pose
a threat to VolksRide and/or its Users.
1.
Eligibility. Use of and Membership in the VolksRide Services is void where prohibited. By using the VolksRide Services, you represent and warrant that (a) all
registration information you submit is truthful and accurate; (b) you will
maintain the accuracy of such information; (c) you are 18 years of age or
older; and (d) your use of the VolksRide Services
does not violate any applicable law or regulation. Your profile may be deleted
and your Membership may be terminated without warning, if we believe that you
are under 18 years of age.
2.
Term. This Agreement shall remain in full force and effect
while you use the VolksRide Services or are a Member.
You may terminate your Membership at any time, for any reason, by following the
instructions on the Member's Account Settings page. VolksRide.com may terminate
your Membership at any time, without warning. Even after Membership is
terminated, this Agreement will remain in effect, including sections 5-18.
3.
Fees. You acknowledge that VolksRide.com reserves the right to charge for the VolksRide Services and to change its fees from time to time
in its discretion. If VolksRide.com
terminates your Membership because you have breached the Agreement, you shall
not be entitled to the refund of any unused portion of subscription fees.
4.
Password. When you sign up to become a Member,
you will also be asked to choose a password. You are entirely responsible for
maintaining the confidentiality of your password. You agree not to use the
account, username, or password of another Member at any time or to disclose
your password to any third party. You agree to notify VolksRide.com immediately if
you suspect any unauthorized use of your account or access to your password.
You are solely responsible for any and all use of your account.
5.
Non-commercial Use by Members. The VolksRide
Services are for the personal use of Members only and may not be used in
connection with any commercial endeavors except those that are specifically
endorsed or approved by VolksRide.com.
Illegal and/or unauthorized use of the VolksRide
Services, including collecting usernames and/or email addresses of Members by
electronic or other means for the purpose of sending unsolicited email or
unauthorized framing of or linking to the VolksRide
Website is prohibited. Commercial advertisements, affiliate links, and other
forms of solicitation may be removed from Member profiles without notice and
may result in termination of Membership privileges. Appropriate legal action
will be taken for any illegal or unauthorized use of the VolksRide
Services.
6.
Proprietary Rights in Content on VolksRide.com.
6.1. VolksRide.com does not claim any ownership rights in the
text, files, images, photos, video, sounds, musical works, works of authorship,
or any other materials (collectively, "Content") that you post to the
VolksRide Services. After posting your Content to the
VolksRide Services, you continue to retain all
ownership rights in such Content, and you continue to have the right to use
your Content in any way you choose. By displaying or publishing
("posting") any Content on or through the VolksRide
Services, you hereby grant to VolksRide.com
a limited license to use, modify, publicly perform, publicly display,
reproduce, and distribute such Content solely on and through the VolksRide Services.
By publishing content on VolksRide.com, you grant VolksRide.com a
world-wide, royalty-free, and non-exclusive license.
Without this license, VolksRide.com would be unable
to provide the VolksRide Services. For example,
without the right to modify Member Content, VolksRide.com would not be able to digitally compress image
files that Members submit or otherwise format Content to satisfy technical
requirements, and without the right to publicly perform Member Content, VolksRide.com could not allow
Users to view images posted by Members. The license you grant to VolksRide.com is non-exclusive
(meaning you are free to license your Content to anyone else in addition to VolksRide.com), fully-paid and
royalty-free (meaning that VolksRide.com
is not required to pay you for the use on the VolksRide
Services of the Content that you post), sublicensable
(so that VolksRide.com is
able to use its affiliates and subcontractors such as Internet content delivery
networks to provide the VolksRide Services), and
worldwide (because the Internet and the VolksRide
Services are global in reach). This license will terminate at the time you
remove your Content from the VolksRide Services. The
license does not grant VolksRide.com the right to sell your Content, nor does
the license grant VolksRide.com the right to distribute your Content outside of
the VolksRide Services.
6.2. You represent and warrant that: (i) you own the Content posted by you on or through the VolksRide Services or otherwise have the right to grant the
license set forth in this section, and (ii) the posting of your Content on or
through the VolksRide Services does not violate the
privacy rights, publicity rights, copyrights, contract rights or any other
rights of any person. You agree to pay for all royalties, fees, and any other
monies owing any person by reason of any Content posted by you to or through
the VolksRide Services.
6.3. The VolksRide
Services contain Content of VolksRide.com
("VolksRide.com
Content"). VolksRide.com
Content is protected by copyright, trademark, patent, trade secret and other
laws, and VolksRide.com owns
and retains all rights in the VolksRide.com
Content and the VolksRide Services. VolksRide.com hereby grants you
a limited, revocable, nonsublicensable license to
reproduce and display the VolksRide.com
Content (excluding any software code) solely for your personal use in connection
with viewing the VolksRide Website and using the VolksRide Services.
6.4. The VolksRide
Services contain Content of Users and other VolksRide.com licensors. Except for Content posted by you,
you may not copy, modify, translate, publish, broadcast, transmit, distribute,
perform, display, or sell any Content appearing on or
through the VolksRide Services.
7.
Content Posted.
7.1. VolksRide.com may delete any Content that in the sole
judgment of VolksRide.com violates
this Agreement or which may be offensive, illegal or violate the rights, harm,
or threaten the safety of any person. VolksRide.com assumes no responsibility for monitoring the VolksRide Services for inappropriate Content or conduct. If
at any time VolksRide.com
chooses, in its sole discretion, to monitor the VolksRide
Services, VolksRide.com
nonetheless assumes no responsibility for the Content, no obligation to modify
or remove any inappropriate Content, and no responsibility for the conduct of
the User submitting any such Content.
7.2. You are solely responsible for the
Content that you post on or through any of the VolksRide
Services, and any material or information that you transmit to other Members
and for your interactions with other Users. VolksRide.com does not endorse and has no control over the
Content. Content is not necessarily reviewed by VolksRide.com prior to posting and does not necessarily
reflect the opinions or policies of VolksRide.com. VolksRide.com makes no warranties, express or implied, as
to the Content or to the accuracy and reliability of the Content or any material
or information that you transmit to other Members.
8.
Content/Activity Prohibited. The following is a partial list of
the kind of Content that is illegal or prohibited to post on or through the VolksRide Services. VolksRide.com reserves the right to investigate and take
appropriate legal action against anyone who, in VolksRide.com's
sole discretion, violates this provision, including without limitation, removing
the offending communication from the VolksRide
Services and terminating the Membership of such violators. Prohibited Content
includes, but is not limited to Content that, in the sole discretion of VolksRide.com:
8.1. is patently offensive and promotes
racism, bigotry, hatred or physical harm of any kind against any group or
individual;
8.2. harasses or advocates harassment of
another person;
8.3. exploits people in a sexual or violent
manner;
8.4. contains nudity, violence, or offensive
subject matter or contains a link to an adult website;
8.5. solicits personal information from
anyone under 18;
8.6. promotes information that you know is
false or misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
8.7. promotes an illegal or unauthorized
copy of another person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing links to pirated files;
8.8. involves the transmission of "junk
mail," "chain letters," or unsolicited mass mailing, instant
messaging, "spimming," or
"spamming";
8.9. contains restricted or password only
access pages or hidden pages or images (those not linked to or from another
accessible page);
8.10.
promotes
any criminal activity or enterprise or provides instructional information about
illegal activities including, but not limited to making or buying illegal
weapons, violating someone's privacy, or providing or creating computer
viruses;
8.11.
solicits
passwords or personal identifying information for commercial or unlawful
purposes from other Users;
8.12.
involves
commercial activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising, or pyramid schemes;
8.13.
includes
a photograph of another person that you have posted without that person's
consent; or
8.14.
uses
sexually suggestive imagery or any other unfair, misleading or deceptive
Content intended to draw traffic to the profile.
9.
Illegal Activities Prohibited.
The following is a partial list of the kind of activity that is illegal
(violation of any applicable law) or prohibited on the VolksRide
Website and through your use of the VolksRide
Services. VolksRide.com
reserves the right to investigate and take appropriate legal action against
anyone who, in VolksRide.com's sole
discretion, violates this provision, including without limitation, reporting
you to law enforcement authorities and otherwise cooperate with such
authorities in their investigation. Prohibited activity includes, but is not
limited to:
9.1. criminal or torturous activity,
including child pornography, fraud, trafficking in obscene material, drug
dealing, gambling, harassment, stalking, spamming, spimming,
sending of viruses or other harmful files, copyright infringement, patent
infringement, or theft of trade secrets;
9.2. unsolicited communication such as spamming. You
may not transmit any chain letters or junk email to other Members. If you
breach this Agreement and send unsolicited bulk email, instant messages or
other unsolicited communications of any kind through the VolksRide
Services, you acknowledge that you will have caused substantial harm to VolksRide.com, but that the
amount of such harm would be extremely difficult to ascertain. As a reasonable
estimation of such harm, you agree to pay VolksRide.com $150 for each such unsolicited email or other
unsolicited communication you send through the VolksRide
Services;
9.3. covering or obscuring the banner
advertisements on your personal profile page, or any VolksRide.com page via HTML/CSS
or any other means;
9.4. any automated use of the system, such
as using scripts to add friends or send comments or messages;
9.5. interfering with, disrupting, or
creating an undue burden on the VolksRide Services or
the networks or services connected to the VolksRide
Services;
9.6. attempting to impersonate another
Member or person;
9.7. using the account, username, or
password of another Member at any time or disclosing your password to any third
party or permitting any third party to access your account;
9.8. selling or otherwise transferring your
profile;
9.9. using any information obtained from the
VolksRide Services in order to harass, abuse, or harm
another person;
9.10.
displaying
an advertisement on your profile, or accepting payment or anything of value
from a third person in exchange for your performing any commercial activity on
or through the VolksRide Services on behalf of that
person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a
profile with a commercial purpose; or
9.11.
using
the VolksRide Services in a manner inconsistent with
any and all applicable laws and regulations.
10. Copyright
Policy. You may not
post, modify, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information belonging to others without
obtaining the prior written consent of the owner of such proprietary rights. It
is the policy of VolksRide.com
to terminate Membership privileges of any Member who repeatedly infringes the
copyright rights of others upon receipt of proper notification to VolksRide.com by the copyright
owner or the copyright owner's legal agent. Without limiting the foregoing, if
you believe that your work has been copied and posted on the VolksRide Services in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following
information: (i) an electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright
interest; (ii) a description of the copyrighted work that you claim has been
infringed; (iii) a description of where the material that you claim is
infringing is located on the VolksRide Services; (iv)
your address, telephone number, and email address; (v) a written statement by
you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; (vi) a statement by you, made
under penalty of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright
owner's behalf. VolksRide.com's
Copyright Agent for notice of claims of copyright infringement can be reached
as follows: Copyright Agent,
VolksRide, Inc., 1 Rockefeller Plaza, #106,
Concourse Level, NY, NY 10020; Attn: Copyright Agent; and email: copyright@VolksRide.com.
11. Member
Disputes. You are
solely responsible for your interactions with other VolksRide.com Members or Users.
VolksRide.com reserves the
right, but has no obligation, to monitor disputes between you and other
Members. VolksRide.com is not responsible or involved in any transactions
between Members or Users. When you enter
an agreement with another Member or User, you do so at your own risk.
12. Privacy. Use of the VolksRide
Services is also governed by our Privacy Policy, which is incorporated into
this Agreement by this reference.
13. Disclaimers. VolksRide.com is not responsible for any incorrect or
inaccurate Content posted on the VolksRide Website or
in connection with the VolksRide Services, whether
caused by Users of the VolksRide Services or by any
of the equipment or programming associated with or utilized in the VolksRide Services. Profiles created and posted by Members
on the VolksRide Website may contain links to other
websites. VolksRide.com is
not responsible for the Content, accuracy or opinions expressed on such
websites, and such websites are in no way investigated, monitored or checked
for accuracy or completeness by VolksRide.com.
Inclusion of any linked website on the VolksRide
Services does not imply approval or endorsement of the linked website by VolksRide.com. When you access
these third-party sites, you do so at your own risk. VolksRide.com takes no
responsibility for third party advertisements which are posted on this VolksRide Website or through the VolksRide
Services, nor does it take any responsibility for the goods or services
provided by its advertisers. VolksRide.com
is not responsible for the conduct, whether online or offline, of any User of
the VolksRide Services. VolksRide.com 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, any User or Member communication. VolksRide.com is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems, servers
or providers, computer equipment, software, failure of any email or players due
to technical problems or traffic congestion on the Internet or on any of the VolksRide Services or combination thereof, including any
injury or damage to Users or to any person's computer related to or resulting
from participation or downloading materials in connection with the VolksRide Services. Under no circumstances shall VolksRide.com be responsible
for any loss or damage, including personal injury or death, resulting from use
of the VolksRide Services, attendance at a VolksRide.com event, from any
Content posted on or through the VolksRide Services,
or from the conduct of any Users of the VolksRide
Services, whether online or offline. The VolksRide
Services are provided "AS-IS" and as available and VolksRide.com expressly
disclaims any warranty of fitness for a particular purpose or non-infringement.
VolksRide.com cannot
guarantee and does not promise any specific results from use of the VolksRide Services.
14. Limitation
on Liability. IN NO
EVENT SHALL VOLKSRIDE.COM BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, GOODWILL, USE,
DATA, OR OTHER INTANGIBLE LOSSES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF
VOLKSRIDE.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, VOLKSRIDE.COM'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 VOLKSRIDE.COM FOR THE VOLKSRIDE
SERVICES DURING THE TERM OF MEMBERSHIP.
15. U.S.
Export Controls.
Software available in connection with the VolksRide
Services (the "Software") is further subject to United States export controls. No Software may be
downloaded from the VolksRide Services or otherwise
exported or re-exported in violation of U.S. export laws. Downloading or using the
Software is at your sole risk.
16. Indemnity. You agree to indemnify and hold VolksRide.com, its
subsidiaries, and affiliates, and their respective officers, agents, partners
and employees, harmless from any loss, liability, claim, or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
your use of the VolksRide Services in violation of
this Agreement and/or arising from a breach of this Agreement and/or any breach
of your representations and warranties set forth above and/or if any Content
that you post on the VolksRide Website or through the
VolksRide Services causes VolksRide.com to be liable to
another.
17. Other. This Agreement is accepted upon your
use of the VolksRide Website or any of the VolksRide Services and is further affirmed by you becoming
a Member. This Agreement constitutes the entire agreement between you and VolksRide.com regarding the use
of the VolksRide Services. The failure of VolksRide.com to exercise or
enforce any right or provision of this Agreement shall not operate as a waiver
of such right or provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect. VolksRide.com is a property of
Vintage Bucket, Inc. This Agreement operates to the fullest extent permissible
by law. If any provision of this Agreement is unlawful, void or unenforceable,
that provision is deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions.
18. Applicable
Law. The laws of the State of New York will govern the Terms of Use, without
giving effect to any principles of conflicts of laws.
Contact VolksRide with any questions regarding this
Agreement.
Please contact us at: contact@VolksRide.com
or
1 Rockefeller Plaza, #106, Concourse Level, NY, NY 10020
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.