Terms
Date of
Last Revision: July 27, 2008.
Welcome to CrashSpace, a network between Body Shops and vehicle owners
needing automobile repair. The CrashSpace service and
network (collectively, "CrashSpace" or
"the Service") are operated by CrashSpace,
Inc. and its corporate affiliates (collectively, "us", "we"
or "the Company"). By accessing or using our web site at www.CrashSpace.com, you (the
"User") signify that you have read, understand and agree to be bound
by these Terms of Use ("Terms of Use" or "Agreement"),
whether or not you are a registered member of CrashSpace.
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
sixteen (16) years of age or older and the legal owner of their vehicle. Any
registration by, use of or access to the Site by anyone under 16, 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 16 or older and
that you agree to and to abide by all of the terms and conditions of this
Agreement.
Registration Data; Account
Security
In consideration of your
use of the Site, you agree to (a) provide accurate, current and complete
information about you as may be prompted by any registration forms on the Site
("Registration Data"); (b) maintain the security of your password and
identification; (c) maintain and promptly update the Registration Data, and any
other information you provide to Company, to keep it accurate, current and
complete; and (d) be fully responsible for all use of your account and for any
actions that take place using your account.
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.
Trademarks
CRASHSPACE and other
Company graphics, logos, designs, page headers, button icons, scripts and
service names are registered trademarks, trademarks or trade dress of Company
in the
User Conduct
You understand that except
for advertising programs offered by us on the Site, the Service and the Site are
available for your personal, non-commercial use only. You represent, warrant
and agree that no materials of any kind submitted through your account or
otherwise posted, transmitted, or shared by you on or through the Service will
violate or infringe upon the rights of any third party, including copyright,
trademark, privacy, publicity or other personal or proprietary rights; or
contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
- harvest or collect email addresses or other contact
information of other users from the Service or the Site by electronic or
other means for the purposes of sending unsolicited emails or other
unsolicited communications;
- use the Service or the Site in any unlawful manner or
in any other manner that could damage, disable, overburden or impair the
Site;
- use automated scripts to collect information from or
otherwise interact with the Service or the Site;
- upload, post, transmit, share, store or otherwise make
available any content that we deem to be harmful, threatening, unlawful,
defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene,
fraudulent, invasive of privacy or publicity rights, hateful, or racially,
ethnically or otherwise objectionable;
- upload, post, transmit, share, store or otherwise make
available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you
or your friends, or (iii) are original art or animation created by you or
your friends;
- register for more than one User account, register for a
User account on behalf of an individual other than yourself, or register
for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or
otherwise misrepresent yourself, your age or your affiliation with any
person or entity;
- upload, post, transmit, share or otherwise make
available any unsolicited or unauthorized advertising, solicitations,
promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form
of solicitation;
- upload, post, transmit, share, store or otherwise make
publicly available on the Site any private information of any third party,
including, addresses, phone numbers, email addresses, Social Security numbers
and credit card numbers;
- solicit personal information from anyone under 18 or
solicit passwords or personally identifying information for commercial or
unlawful purposes;
- upload, post, transmit, share or otherwise make
available any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make
available content that would constitute, encourage or provide instructions
for a criminal offense, violate the rights of any party, or that would
otherwise create liability or violate any local, state, national or
international law;
- use or attempt to use another's
account, service or system without authorization from the Company, or
create a false identity on the Service or the Site.
- upload, post, transmit, share, store or otherwise make
available content that, in the sole judgment of Company, is objectionable
or which restricts or inhibits any other person from using or enjoying the
Site, or which may expose Company or its users to any harm or liability of
any type.
Without limiting any of the
foregoing, you also agree to abide by our CrashSpace Code
of Conduct that provides further information regarding the authorized
conduct of users on CrashSpace.
User Content Posted on the
Site
You are solely responsible
for the photos, profiles (including your name, image, and likeness), messages,
notes, text, information, music, video, advertisements, listings, and other
content that you upload, publish or display (hereinafter, "post") on
or through the Service or the Site, or transmit to or share with other users
(collectively the "User Content"). You may not post, transmit, or
share User Content on the Site or Service that you did not create or that you
do not have permission to post. You understand and agree that the Company may,
but is not obligated to, review the Site and may delete or remove (without
notice) any Site Content or User Content in its sole discretion, for any reason
or no reason, including User Content that in the sole judgment of the Company
violates this Agreement or the CrashSpace Code of
Conduct, or which might be offensive, illegal, or that might violate the
rights, harm, or threaten the safety of users or others. You are solely
responsible at your sole cost and expense for creating backup copies and
replacing any User Content you post or store on the Site or provide to the
Company.
When you post User Content to the Site, you authorize and direct us to make
such copies thereof as we deem necessary in order to facilitate the posting and
storage of the User Content on the Site. By posting User Content to any part of
the Site, you automatically grant, and you represent and warrant that you have
the right to grant, to the Company an irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license (with the right to sublicense) to
use, copy, publicly perform, publicly display, reformat, translate, excerpt (in
whole or in part) and distribute such User Content for any purpose, commercial,
advertising, or otherwise, on or in connection with the Site or the promotion
thereof, to prepare derivative works of, or incorporate into other works, such
User Content, and to grant and authorize sublicenses of the foregoing. You may
remove your User Content from the Site at any time. If you choose to remove
your User Content, the license granted above will automatically expire, however
you acknowledge that the Company may retain archived copies of your User
Content. CrashSpace does not assert any ownership
over your User Content; rather, as between us and you, subject to the rights
granted to us in these Terms, you retain full ownership of all of your User
Content and any intellectual property rights or other proprietary rights
associated with your User Content.
CRASHSPACE DOES NOT PRE-SCREEN OR APPROVE CRASHSPACE PAGES, AND CANNOT GUARANTEE THAT A CRASHSPACE PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A CRASHSPACE PAGE. NOR IS CRASHSPACE RESPONSIBLE FOR THE CONTENT OF ANY CRASHSPACE PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY CRASHSPACE PAGE, INCLUDING HOW THE OWNER OF THE CRASHSPACE PAGE COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS. YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A CRASHSPACE PAGE.
User Disputes
You are solely responsible
for your interactions with other CrashSpace users. We
reserve the right, but have no obligation, to monitor disputes between you and
other users.
Privacy
We care about the privacy
of our users. By using the Site or the Service, you are consenting to have your
personal data transferred to and processed in the
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 CrashSpace,
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
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;
and (b) no disputes or claims relating to any transactions you enter into with
a third party through the CrashSpace Marketplace may
be arbitrated.
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.