Terms of Service
WheelsGallery.com and its affiliates, successors, parents, subsidiaries, assigns, licensees, and designees (collectively and individually "WheelsGallery") encourages and promotes the WheelsGallery.com website (the "Service") as an environment that fosters the free-flowing exchange of ideas that interest car and truck enthusiasts and participation among its members. Members should thus feel free to express themselves. However, Members should keep comments and contributions within the community values of the Service and must comply with applicable laws and these terms of service (the "Terms of Service").The Service is provided by WheelsGallery to you ("the user" or " Member"), subject to the Terms of Service, and other terms and conditions that may be published by WheelsGallery from time to time on the Service. WheelsGallery may change, suspend or discontinue the Service, at any time without prior notice to its Members. If the alterations constitute a material change to the Terms of Service, we will notify you via internet mail. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement. WheelsGallery may also impose limits on certain features or services contained in the Service without prior notice. MEMBERS WHO VIOLATE THE TERMS OF SERVICE MAY BE PERMANENTLY BANNED FROM USING THE SERVICE.
Please read the Terms of Service carefully. By using the Service, you agree to the terms and conditions outlined below. If you do not agree to these terms and conditions, please do not use the Service. WheelsGallery reserves the right to change, modify, add or remove portions of the Terms of Service at any time, in its sole discretion. If you continue to use the Service after WheelsGallery has posted changes to the Terms of Service, it means you have accepted those changed terms.
Basic Terms
- You must be 13 years and older to use the Service.
- You are responsible for any activity that occurs under your screen name.
- You are responsible for keeping your password secure.
- You are solely responsible for your conduct and any software files, text, sounds or other information (collectively, "Content") transmitted, posted, linked or uploaded on or through the Service.
- You must not be abusive, defamatory, obscene, fraudulent, in violation of applicable laws, or otherwise offensive to other Members, and must comply with WheelsGallery’s Netiquette Rules.
- You may not use the Service for any illegal or unauthorized purpose. International Members agree to comply with all local laws regarding online conduct and acceptable content.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Conduct And Content
By transmitting, posting, linking or uploading Content to any part of the Service, the user represents and warrant that neither the content nor any parts thereof infringe upon the copyright or any other statutory or common- law intellectual property rights (including without limitation trademark, service mark, and trade name rights), proprietary rights (including without limitation trade secrets), or rights of privacy or publicity of any third party.The user hereby grants to WheelsGallery a non-exclusive, worldwide, perpetual fully paid-up license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.
The user acknowledges that by providing Members with the ability to distribute Content, the Service is acting as a passive conduit for such distribution and WheelsGallery is not undertaking any obligation or liability relating to any Content or activities of its Members. WheelsGallery cannot prevent Members from placing prohibited content on the Service. Furthermore, WheelsGallery may elect at its sole discretion to monitor some, all, or no areas of the Service for adherence to these terms of service or other terms and conditions that may be published by WheelsGallery from time to time. Upon notification of inappropriate material, WheelsGallery reserves the right, but not the responsibility to remove the Content from the Service. WheelsGallery further reserves the right to stop a member from accessing the Service upon receipt of complaints about the member's contributions and participation on the Service.
Copyright Regulations
Everything seen or read on the Service is owned by us or used with permission. The user may not copy, use, or retransmit anything for the Service without our express written permission. Furthermore, Members are not allowed to post or distribute any material without consent of the owners. Violation of this policy may result in copyright, trademark, or other intellectual property rights violation and subject the user to civil or criminal penalties.WheelsGallery respects the intellectual property of others. WheelsGallery is in compliance with the Digital Millennium Copyright Act. If it is believed that work has been copied in a way that constitutes copyright infringement and is accessible on the Service, please provide WheelsGallery’s Copyright Agent the following information:
1. An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you claim has been infringed including the URL (i.e., Internet address) or other specific location on the Service where the material that you claim is infringing is located, including enough information to allow us to locate the material and why you believe an infringement has taken place.
3. A description of the location where the original or an authorized copy of the copyrighted work exists, for example the URL (i.e., Internet address) where it is posted or the name of the book in which it has been published.
4. Your address, telephone number, and email address.
5. A 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.
6. A statement by you made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
WheelsGallery’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
Email: copyright@wheelsgallery.com
General
The provisions of these Terms of Service are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of the user and WheelsGallery as reflected in the original provision.Any delay or failure on the part of WheelsGallery to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time. The user indemnifies and holds harmless WheelsGallery, and the officers, directors, employees, partners, principals, agents and representatives of WheelsGallery, from, against and in respect of any and all demands, claims, actions or causes of action, liabilities, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to any breach by the user of any covenant, representation or warranty made pursuant to these Terms of Service.
All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Service, including without limitation all of the user's representations, warranties and indemnification obligations.
The Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles. The user and WheelsGallery consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County for resolution of any and all disputes arising out of or related to the Terms of Service.
Limitation of Liability
To the full extent permissible under the applicable law, WheelsGallery shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use the Service.In no event shall WheelsGallery have any liability for any incidental, consequential, or indirect damages (including, but not limited to, damages relating to loss of business, profits, goodwill, data, programs or information, and the like) arising out of the use of or inability to use the Service or any information, advice, or services provided on or downloaded from the Service or accessed on the Internet from the Service, even if advised of the possibility of such damages and regardless of the cause of action under which such damages are sought, including, without limitation, breach of contract, negligence or other tort. Because some states do not allow the exclusion of implied warranties or the limitation of liability for sequential or incidental damages, the above exclusions and limitations may not apply to the user. In such states, WheelsGallery’s liability is limited to the greatest extent permitted by law.
The Service contains links to third-party World Wide Web sites and other resources. WheelsGallery assumes no responsibility for the availability or content of these outside sites and resources. Therefore, any concerns a user may have regarding any other site should be directed to the relevant site administrator or Webmaster.
The information, advice, facts, opinions or other content appearing on the Service posted by Members or third parties are those of the respective authors and do not reflect the views of WheelsGallery. WheelsGallery assumes no responsibility or liability for these materials.
Links to Third Party Sites
Any third-party sites to which the Service may link are not under WheelsGallery’s control, and WheelsGallery does not assume any responsibility or liability for any information, content, communications or materials available on such third-party sites. Absent express language to the contrary, WheelsGallery does not intend links contained on the Service to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only.Privacy
WheelsGallery.com ("WheelsGallery") believes that communities can only truly be built through interaction and participation among community Members based on trust, privacy and freedom of expression.WheelsGallery wants all Members to have the freedom to express themselves, however at the same time, WheelsGallery wants all Members to feel secure.
This Privacy Policy covers WheelsGallery Network's treatment of personally identifiable information that WheelsGallery collects when you are on the WheelsGallery Network suite of sites, and when you use WheelsGallery’s services. This policy also covers WheelsGallery’s treatment of any personally identifiable information that WheelsGallery’s business partners share with WheelsGallery or that WheelsGallery may collect on a partner's site.
This policy does not apply to the practices of companies that WheelsGallery does not own or control, or to people that WheelsGallery does not employ or manage.
- WheelsGallery collects personally identifiable information when you register for a WheelsGallery membership, when you sign up for a WheelsGallery Network email newsletter, when you visit the Service, and when you enter our promotions or sweepstakes. WheelsGallery may also receive personally identifiable information from our business partners.
- WheelsGallery uses information for three general purposes: to customize the advertising and content you see, to fulfill your requests for certain products and services, and to contact you about specials and new products or services.
- WheelsGallery Network will not sell or rent your personally identifiable information to anyone.
- WheelsGallery Network may send personally identifiable information about you to other companies or people when:
- We have your consent to share the information;
- We need to share your information to provide the product or service you have requested;
- We need to send the information to companies who work on behalf of WheelsGallery to provide a product or service to you. (Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us.);
- We respond to subpoenas, court orders or legal process; or
- We find that your actions on our web sites violate the WheelsGallery Terms of Service or any of our usage guidelines for specific products or services.
- Once you register with WheelsGallery and sign in to the Service, you are not anonymous to us.
- WheelsGallery also automatically receives and records information on our server logs from your browser including your IP address, WheelsGallery cookie information and the page you requested. WheelsGallery uses this data to analyze trends, administer the site, track user's movement and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
- From time-to-time the WheelsGallery requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include, but not limited to, contact information (such as name, email) demographic information (such as age, zip code).
- At various times, WheelsGallery may decide to promote a referral service for informing a friend about the Service. We will ask for a friend's name and email address. WheelsGallery will automatically send them one (1) one-time email inviting them to visit the site. The WheelsGallery stores this information for the sole purpose of sending this one-time email. The friend may contact WheelsGallery to request removal of their information from the WheelsGallery database.
WheelsGallery is completely against and actively discourages unsolicited e-mail ("Spam"). Maintaining our email recipients' privacy is one of our main concerns. We address this by requiring that each email message sent by our servers include an easy way for the recipients to remove themselves from the list (opt-out). In the event that a recipient cannot easily remove him or herself, our customer advocacy staff is available to remove that person from further email communications.
- Definition of Spam
"Spam", as used in this policy, means any unsolicited email, generally received as part of a mass mailing or sent to an inappropriate list. Spam is also considered to be any promotion, information or solicitation that is sent to a person via email without his or her prior consent or permission. Spam is most often an e-mail message sent to a large number of people without their consent. Also known as Unsolicited Commercial E-mail (UCE), or junk e-mail, it is usually sent to promote a product or service. - Common Forms of Spam
- An email message sent to a recipient that does not contain a way for the recipient to opt-out or request that future mailings not be sent to them.
- Any email message sent to recipients who have not had any prior association with the organization, or did not agree to be sent email messages by the organization or their partners as mentioned in the opt-in/out information.
Cookies
A cookie is a piece of data stored on the user's hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Once the user closes their browser, the cookie simply terminates. For instance, by setting a cookie on our site, the user would not have to log in a password more than once, thereby saving time while on our site. If a user rejects the cookie, they may still use our site. The only drawback to this is that the user will be limited in some areas of our site. Cookies can also enable us to track and target the interests of our Members to enhance the experience on our site. Companies that advertise on or are business partners with the Service may use their own cookies. This privacy policy does not cover how these companies use their cookies. Advertisers and business partners do not have access to the cookies set by the Service.Netiquette
You are entirely responsible and liable for all of your activities on WheelsGallery. Listed below are some, but not all, violations that may result in termination of your access to WheelsGallery. By using WheelsGallery, you agree NOT to do any of the following:1. Post, transmit, promote, or distribute content that is illegal, that encourages illegal activity, or that infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party.
2. Transmit or facilitate distribution of content that is defamatory, harmful, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, pornographic, obscene, or objectionable in a reasonable person's view.
3. Pretend to be anyone whom you are not. You may not impersonate another member, a WheelsGallery staff member, or anyone else. You may not post content regarding a vehicle not owned by you.
4. Post content not owned by you or have permission to use.
5. Attempt to get a password, other account information, or other private information from a member, or harvest email addresses or other information.
6. Post any unsolicited advertising, promotional materials, or any other forms of solicitation.
7. Use the Service as a generic image hosting service. Professional or corporate uses of the Service are prohibited.
Pornography, obscenities, and defamatory postings are not allowed anywhere on WheelsGallery. Postings of this kind will be removed immediately, and a violation will be issued to the Member responsible for the posting (several violations will result in the termination of your account). If you see any pornographic, obscene or defamatory postings, please Alert Us immediately.
Postings which violate the intellectual property rights of third parties are not allowed anywhere on WheelsGallery. Postings of this kind will be removed immediately, and a violation will be issued to the Member responsible for the posting (several violations will result in the termination of your account). If you see any content which you believe infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party, please Alert Us immediately by emailing abuse@wheelsgallery.com.
Harassment of another WheelsGallery member is not permitted. Harassment means: saying bad things about them; sending them unwanted messages; attacking their race, heritage, etc. Unsolicited "spam" messages are also not permitted unless expressly authorized by the recipient. While we encourage you to introduce yourself to other Members, please respect their wishes if they do not want you to send them mail. If you feel that another Member is harassing you, please Alert Us by filling out a member violation report.
Please remember that not everyone likes being put on a Friend's list. Please comply with a Member's wishes if they request to be removed from your Friend's list. As a Member, you have the right to refuse being saved to someone else's Friend's list. If another Member refuses to remove you from their Friend's list, please Alert Us and we will remove your name for you.
We can, whenever we want, edit or delete any content displayed, uploaded to, distributed, or otherwise published through the Service.
We reserve the right to remove content at any time, including any content that violates these standards. We are not responsible for any objectionable material posted by Members that you may encounter while using the Service.
E-Mail Newsletters
By joining as a member, you are agreeing to be added as a subscriber to our newsletter (at no cost). These newsletters may include special offers or incentives from the site operated by WheelsGallery Networks or from select partners. We will not share your e-mail or any portion of your registration information with any third parties. With each e-mail newsletter, Members will be given the opportunity to opt-out of receiving any future promotional communications.We are looking forward to serving you to the best of our ability and we welcome you to the WheelsGallery community!