The services that AutoSaver.com provides to User is subject to
the following Terms of Use ("TOU"). AutoSaver.com reserves the
right to update the TOU at any time without notice to User. The most current version
of the TOU can be reviewed by clicking on the "Terms of Use"
hypertext link located at the bottom of our Web pages.
A.This
Agreement, which incorporates by reference other provisions applicable to use
of AutoSaver.com, including, but not limited to, supplemental terms and
conditions set forth hereof ("Supplemental Terms") governing the use
of certain specific material contained in AutoSaver.com, sets forth the terms
and conditions that apply to use of AutoSaver.com by User. By using AutoSaver.com
(other than to read this Agreement for the first time), User agrees
to comply with all of the terms and conditions hereof. The right to use
AutoSaver.com is personal to User and is not transferable to any other person
or entity. User is responsible for all use of User's Account (under any screen
name or password) and for ensuring that all use of User's Account complies
fully with the provisions of this Agreement. User shall be responsible for
protecting the confidentiality of User's password(s), if any.
B.AutoSaver.com
shall have the right at any time to change or discontinue any aspect
or feature of AutoSaver.com, including, but not limited to, content, hours of
availability, and equipment needed for access or use.
2.Changed Terms
AutoSaver.com
shall have the right at any time to change or modify the terms and
conditions applicable to User's use of AutoSaver.com, or any part thereof, or
to impose new conditions, including, but not limited to, adding fees and charges
for use. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including, but not
limited to, posting on AutoSaver.com, or by electronic or conventional mail,
or by any other means by which User obtains notice thereof. Any use of
AutoSaver.com by User after such notice shall be deemed to constitute
acceptance by User of such changes, modifications or additions.
3.DESCRIPTION OF SERVICES
Through its Web property, AutoSaver.com provides User with
access to a variety of resources, including download areas, communication
forums and product information (collectively "Services"). The
Services, including any updates, enhancements, new features, and/or the
addition of any new Web properties, are subject to the TOU.
4.Equipment
User
shall be responsible for obtaining and maintaining all telephone, computer
hardware, software and other equipment needed for access to and use of
AutoSaver.com and all charges related thereto.
5.
USER CONDUCT
A.User shall use AutoSaver.com
for lawful purposes only. User shall not post or transmit through
AutoSaver.com any material which violates or infringes in any way upon the
rights of others, which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law, or which,
without AutoSaver.com 's express prior approval, contains advertising or
any solicitation with respect to products or services. Any conduct by a User
that in AutoSaver.com 's discretion restricts or inhibits any other User
from using or enjoying AutoSaver.com will not be permitted. User shall not
use AutoSaver.com to advertise or perform any commercial solicitation,
including, but not limited to, the solicitation of users to become subscribers
of other on-line information services competitive with AutoSaver.com .
B.AutoSaver.com contains
copyrighted material, trademarks and other proprietary information, including,
but not limited to, text, software, photos, video, graphics, music and sound,
and the entire contents of AutoSaver.com are copyrighted as a collective work
under the [COUNTRY] copyright laws. AutoSaver.com owns a copyright in the
selection, coordination, arrangement and enhancement of such content, as well
as in the content original to it. User may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way
exploit, any of the content, in whole or in part. User may download copyrighted
material for User's personal use only. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission, publication or
commercial exploitation of downloaded material will be permitted without the
express permission of AutoSaver.com and the copyright owner. In the
event of any permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution, trademark legend or
copyright notice shall be made. User acknowledges that it does not acquire any
ownership rights by downloading copyrighted material.
C.User shall not upload, post or otherwise make
available on AutoSaver.com any material protected by copyright, trademark or
other proprietary right without the express permission of the owner of the
copyright, trademark or other proprietary right and the burden of determining
that any material is not protected by copyright rests with User. User shall be
solely liable for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such a submission. By
submitting material to any public area of AutoSaver.com, User automatically
grants, or warrants that the owner of such material has expressly granted
AutoSaver.com the royalty-free, perpetual, irrevocable, non-exclusive right
and license to use, reproduce, modify, adapt, publish, translate and distribute
such material (in whole or in part) worldwide and/or to incorporate it in other
works in any form, media or technology now known or hereafter developed for the
full term of any copyright that may exist in such material. User also permits
any other User to access, view, store or reproduce the material for that User's
personal use. User hereby grants AutoSaver.com the right to edit, copy,
publish and distribute any material made available on AutoSaver.com by User.
USE OF SERVICES
The foregoing provisions of Section 5 are for the benefit of
AutoSaver.com, its subsidiaries, affiliates and its third party content
providers and licensors and each shall have the right to assert and enforce
such provisions directly or on its own behalf.
The Services may contain email services, bulletin board services,
chat areas, news groups, forums, communities, personal web pages, calendars,
photo albums, file cabinets and/or other message or communication facilities
designed to enable User to communicate with others (each a "Communication
Service" and collectively "Communication Services"). User agrees
to use the Communication Services only to post, send and receive messages and
material that are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a limitation, User agrees
that when using the Communication Services, User will not:
Use the Communication Services in
connection with surveys, contests, pyramid schemes, chain letters, junk
email, spamming or any duplicative or unsolicited messages (commercial or
otherwise).
Defame, abuse, harass, stalk, threaten
or otherwise violate the legal rights (such as rights of privacy and
publicity) of others.
Publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, obscene, indecent or
unlawful topic, name, material or information.
Upload, or otherwise make available,
files that contain images, photographs, software or other material
protected by intellectual property laws, including, by way of example, and
not as limitation, copyright or trademark laws (or by rights of privacy or
publicity) unless User own or control the rights thereto or have received
all necessary consent to do the same.
Use any material or information,
including images or photographs, which are made available through the
Services in any manner that infringes any copyright, trademark, patent,
trade secret, or other proprietary right of any party.
Upload files that contain viruses,
Trojan horses, worms, time bombs, cancelbots, corrupted files, or any
other similar software or programs that may damage the operation of
another's computer or property of another.
Advertise or offer to sell or buy any
goods or services for any business purpose, unless such Communication
Services specifically allows such messages.
Download any file posted by another user
of a Communication Service that User know, or reasonably should know,
cannot be legally reproduced, displayed, performed, and/or distributed in
such manner.
Falsify or delete any copyright
management information, such as author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from
using and enjoying the Communication Services.
Violate any code of conduct or other
guidelines which may be applicable for any particular Communication
Service.
Harvest or otherwise collect information
about others, including email addresses.
Violate any applicable laws or
regulations.
Create a false identity for the purpose
of misleading others.
Use, download or otherwise copy, or
provide (whether or not for a fee) to a person or entity any directory of
users of the Services or other user or usage information or any portion
thereof.
AutoSaver.com has no obligation to monitor the Communication
Services. However, AutoSaver.com reserves the right to review materials
posted to the Communication Services and to remove any materials in its sole
discretion. AutoSaver.com reserves the right to terminate User’s access to
any or all of the Communication Services at any time, without notice, for any
reason whatsoever. AutoSaver.com reserves the right at all times to
disclose any information as it deems necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in AutoSaver.com's sole discretion.
Materials uploaded to the Communication Services may be subject to
posted limitations on usage, reproduction and/or dissemination; User is
responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable
information in any Communication Services. AutoSaver.com does not control
or endorse the content, messages or information found in any Communication
Services and, therefore, AutoSaver.com specifically disclaims any liability
with regard to the Communication Services and any actions resulting from User’s
participation in any Communication Services. Managers and hosts are not
authorized AutoSaver.com spokespersons, and their views do not necessarily
reflect those of AutoSaver.com.
6.MEMBER ACCOUNT, PASSWORD,
AND SECURITY
If any of the Services requires User to open an account, User must
complete the registration process by providing AutoSaver.com with current,
complete and accurate information as prompted by the applicable registration
form. User also will choose a password and a user name. User is entirely
responsible for maintaining the confidentiality of User’s password and account.
Furthermore, User is entirely responsible for any and all activities that occur
under User’s account. User agrees to notify AutoSaver.com immediately of
any unauthorized use of User’s account or any other breach of security. AutoSaver.com
will not be liable for any loss that User may incur as a result of
someone else using User’s password or account, either with or without User’s
knowledge. However, User could be held liable for losses incurred by AutoSaver.com
or another party due to someone else using User’s account or
password. User may not use anyone else's account at any time, without the
permission of the account holder.
7.NOTICE SPECIFIC TO SOFTWARE
AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the Services
("Software") is the copyrighted work of AutoSaver.com and/or its
suppliers. Use of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software
("License Agreement"). An end user will be unable to install any
Software that is accompanied by or includes a License Agreement, unless he or
she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end
users according to the License Agreement. Any reproduction or redistribution of
the Software not in accordance with the License Agreement is expressly
prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE
SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, AutoSaver.com
HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, AutoSaver.com MAY MAKE AVAILABLE AS PART
OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR
DOWNLOAD. AutoSaver.com DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE
ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS
AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN
USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
8.NOTICE SPECIFIC TO DOCUMENTS
AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted, provided that (1) the below
copyright notice appears in all copies and that both the copyright notice and
this permission notice appear, (2) use of such Documents from the Services is
for informational and non-commercial or personal use only and will not be
copied or posted on any network computer or broadcast in any media, and (3) no
modifications of any Documents are made. Accredited educational institutions,
such as universities, private/public colleges, and state community colleges,
may download and reproduce the Documents for distribution in the classroom.
Distribution outside the classroom requires express written permission. Use for
any other purpose is expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be prosecuted to the maximum
extent possible.
AutoSaver.com AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. AutoSaver.com AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT SHALL AutoSaver.com AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE
SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AutoSaver.com AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
9.NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON
THIS SITE
IN NO EVENT SHALL AutoSaver.com AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
10.MATERIALS PROVIDED TO AutoSaver.com OR POSTED AT ANY OF ITS
WEBSITES
AutoSaver.com does not claim ownership of the materials User
provide to AutoSaver.com (including feedback and suggestions) or post,
upload, input or submit to any Services or its associated services for review
by the general public, or by the members of any public or private community,
(each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting ("Posting")
User’s Submission User is granting AutoSaver.com, its affiliated companies
and necessary sublicensees permission to use User’s Submission in connection
with the operation of their Internet businesses (including, without limitation,
all AutoSaver.com Services), including, without limitation, the license
rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat User’s Submission; to publish User’s
name in connection with User’s Submission; and the right to sublicense such
rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s
Submission, as provided herein. AutoSaver.com is under no obligation to
post or use any Submission User may provide and AutoSaver.com may remove
any Submission at any time in its sole discretion. By Posting a Submission User
warrants and represents to own or otherwise control all of the rights to User’s
Submission as described in these Terms of Use including, without limitation,
all the rights necessary for User to provide, post, upload, input or submit the
Submissions.
In addition to the warranty and representation set forth above, by
Posting a Submission that contain images, photographs, pictures or that are
otherwise graphical in whole or in part ("Images"), User warrant and
represent that (a) User is the copyright owner of such Images, or that the
copyright owner of such Images has granted User permission to use such Images
or any content and/or images contained in such Images consistent with the
manner and purpose of User’s use and as otherwise permitted by these Terms of
Use and the Services, (b) User have the rights necessary to grant the licenses
and sublicenses described in these Terms of Use, and (c) that each person
depicted in such Images, if any, has provided consent to the use of the Images
as set forth in these Terms of Use, including, by way of example, and not as a
limitation, the distribution, public display and reproduction of such Images.
By Posting Images, User is granting (a) to all members of User’s private
community (for each such Images available to members of such private
community), and/or (b) to the general public (for each such Images available
anywhere on the Services, other than a private community), permission to use
User’s Images in connection with the use, as permitted by these Terms of Use,
of any of the Services, (including, by way of example, and not as a limitation,
making prints and gift items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat User’s Images without having User’s name attached to
such Images, and the right to sublicense such rights to any supplier of the
Services. The licenses granted in the preceding sentences for a Images will
terminate at the time User completely remove such Images from the Services,
provided that, such termination shall not affect any licenses granted in
connection with such Images prior to the time User completely remove such
Images. No compensation will be paid with respect to the use of User’s Images.