1. ACCEPTANCE OF TERMS
Welcome to Hot Rods Down Under. Hot Rods Down Under provides the
service to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you;
provided that, we will not alter Section 7 ("Content Submitted to Hot
Rods Down Under") without prior notice to and acceptance by you. Please
note that other services, outside of Hot Rods Down Under, are governed
by a different Terms of Service.
2. DESCRIPTION OF SERVICE
Hot Rods Down Under currently provides visitors and clients with access
to a rich collection of on-line resources. Unless explicitly stated
otherwise, any new features that augment or enhance the current
Service, including the release of new Hot Rods Down Under resources,
shall be subject to the TOS. In order to use the Service, you must
obtain access to the World Wide Web, either directly or through devices
that access web-based content, and pay any service fees associated with
such access. In addition, you must provide all equipment necessary to
make such connection to the World Wide Web, including a computer and
modem or other access device.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted
by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or
incomplete, or Hot Rods Down Under has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
Hot Rods Down Under has the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or any
portion thereof).
4. Hot Rods Down Under PRIVACY POLICY
Pursuant to Hot Rods Down Under's privacy policy, we may disclose to
third parties certain aggregate information contained in your
Registration Data or related data, provided that, such information will
NOT include personally identifying information, except as specifically
authorized by you or in the good faith belief that such action is
reasonably necessary to comply with the law, legal process, to enforce
the TOS, or under any of the other circumstances set forth in our
privacy policy, as may be amended from time to time. For more
information, please see our full privacy policy at privacy.htm.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content originated.
This means that you, and not Hot Rods Down Under, are entirely
responsible for all Content that you upload, post or otherwise transmit
via the Service. Hot Rods Down Under does not control the Content
posted via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive, indecent or
objectionable.
You agree to not use the Service to:
(a) upload, post or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a
Hot Rods Down Under official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person or
entity;
(d) forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service or
develop restricted or password-only access pages, or hidden pages or
images (those not linked to from another accessible page);
(e) upload, post or otherwise transmit any Content that you do not have
a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under non disclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
of any party;
(g) upload, post or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except
in those areas of the Service that are designated for such purpose;
(h) upload, post or otherwise transmit 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;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users ability to engage
in real time exchanges;
(j) interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
(k) intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of law;
(l) "stalk" or otherwise harass another;
(m) collect or store personal data about other users;
(n) promote or provide instructional information about illegal
activities, promote physical harm or injury against any group or
individual, or promote any act of cruelty to animals. This may include,
but is not limited to, providing instructions on how to assemble bombs,
grenades and other weapons, and creating "Crush" sites;
(o) use your home page (or directory) as storage for remote loading or
as a door or signpost to another home page, whether inside or beyond
Hot Rods Down Under;
(p) engage in other internet-based commercial activities without first
informing Hot Rods Down Under. This includes, but is not limited to,
the following activities:
- offering for sale any products or services;
- soliciting for advertisers or sponsors;
- conducting raffles or contests that require any type of entry fee;
- displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services, and
- displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from Australia.
7. CONTENT SUBMITTED TO Hot Rods Down Under
Hot Rods Down Under does not claim ownership of the content you place
on your Hot Rods Down Under Site. By submitting Content to Hot Rods
Down Under for inclusion on your Hot Rods Down Under Site, you grant
Hot Rods Down Under the worldwide, royalty-free, and non-exclusive
license to reproduce, modify, adapt and publish the Content solely for
the purpose of displaying, distributing and promoting your Hot Rods
Down Under Site on Hot Rods Down Under's Internet properties. This
license exists only for as long as you continue to be a Hot Rods Down
Under member and shall be terminated at the time your Hot Rods Down
Under Site is terminated.
You acknowledge that Hot Rods Down Under shall have the right (but not
the obligation) in their sole discretion to refuse or remove any
Content that is available via the Service. Without limiting the
foregoing, Hot Rods Down Under shall have the right to remove any
Content that violates the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content.
8. INDEMNITY
You agree to indemnify and hold Hot Rods Down Under, and its
subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of your Content, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any rights of
another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the
Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Hot Rods Down Under may establish general
practices and limits concerning use of the Service. Currently, each Hot
Rods Down Under address allows members to have 1MB or 5MB (depending
upon type of scheme) of disk space for his or her files.
11. MODIFICATIONS TO SERVICE
Hot Rods Down Under reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that Hot Rods
Down Under shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
12. TERMINATION
You agree that Hot Rods Down Under, in its sole discretion, may
terminate your password, Hot Rods Down Under Site, use of the Service
or use of any other Hot Rods Down Under service, and remove and discard
any Content within the Service, for any reason, including, without
limitation, for lack of use or if Hot Rods Down Under believes that you
have violated or acted inconsistently with the letter or spirit of the
TOS. Hot Rods Down Under may also in its sole discretion and at any
time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the
Service under any provision of this TOS may be effected without prior
notice, and acknowledge and agree that Hot Rods Down Under may
immediately deactivate or delete your Hot Rods Down Under Site and all
related information and files in your Hot Rods Down Under Site and/or
bar any further access to such files or the Service. Further, you agree
that Hot Rods Down Under shall not be liable to you or any third-party
for any termination of your access to the Service.
13. ADVERTISEMENTS AND PROMOTIONS
Hot Rods Down Under runs advertisements and promotions on Hot Rods Down
Under Sites. By creating your Hot Rods Down Under Site, you agree that
Hot Rods Down Under has the right to run such advertisements and
promotions. The manner, mode and extent of advertising by Hot Rods Down
Under on your Hot Rods Down Under Site is subject to change. Your
correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that
Hot Rods Down Under shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.
14. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Hot Rods Down Under has no
control over such sites and resources, you acknowledge and agree that
Hot Rods Down Under is not responsible for the availability of such
external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further
acknowledge and agree that Hot Rods Down Under shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such site
or resource.
15. Hot Rods Down Under PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree
that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by Hot Rods Down Under
or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the
Software, in whole or in part.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Hot Rods Down Under
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) Hot Rods Down Under MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM Hot Rods Down Under OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Hot Rods Down Under SHALL 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 Hot
Rods Down Under HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any
news, messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the
above Sections 16 and 17 again. They go doubly for you. In addition,
for this type of information particularly, the phrase "Let the investor
beware" is apt. The Service is provided for informational purposes
only, and no Content included in the Service is intended for trading or
investing purposes. Hot Rods Down Under shall not be responsible or
liable for the accuracy, usefulness or availability of any information
transmitted via the Service, and shall not be responsible or liable for
any trading or investment decisions made based on such information.
20. NOTICE
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other matters
by displaying notices or links to notices to you generally on the
Service.
21. COPYRIGHTS
Hot Rods Down Under respects the intellectual property rights of others
and we ask our users to do the same. Please see our copyright policy at
copyright.html
22. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Hot Rods Down
Under and govern your use of the Service, superceding any prior
agreements between you and Hot Rods Down Under (including, but not
limited to, any prior versions of the TOS). You also may be subject to
additional terms and conditions that may apply when you use affiliate
or other Hot Rods Down Under services, third-party content or
third-party software. The TOS and the relationship between you and Hot
Rods Down Under shall be governed by the laws of the country of
Australia without regard to its conflict of law provisions. The failure
of Hot Rods Down Under to exercise or enforce any right or provision of
the TOS shall not constitute a waiver of such right or provision. If
any provision of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and
effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use
of the Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
23. VIOLATIONS
Please report any violations of the TOS to our Violation Reporting Form.