Terms of Service
- GENERAL RULES AND DEFINITIONS
- CARTALK.COM CONTENT
- USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS, MECHANICS FILES AND MORE
- ACCESS AND AVAILABILITY OF SERVICE AND LINKS
- REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY
- REGISTRATION AND SECURITY
- FEES AND PAYMENTS
- COMMUNICATIONS BETWEEN CARTALK.COM AND MEMBERS
- SOFTWARE LICENSES
- TERMINATION
- TRADEMARKS
- MISCELLANEOUS
1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use the CarTalk.com, or any of the features of this site, including but not limited to RSS, API, and widget downloads (the "Service"), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and CarTalk.com, an Internet service of Tappet Brothers Associates, d/b/a Dewey, Cheetham ... Howe ("DCH") (the "Service").
1.2 CarTalk.com may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use this Site, you agree to any changes.
1.3 YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.4 CarTalk.com may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. CarTalk.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
2.1 The contents of the CarTalk.com sites are intended for your personal, noncommercial use. All materials published on CarTalk.com (including, but not limited to articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by DCH or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
2.2 The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from CarTalk.com or the copyright holder identified in the copyright notice contained in the Content.
2.4 The Content of the Service is owned or licensed to CarTalk.com. Certain Content is furnished by third parties, which will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
2.5 Podcasts. CarTalk.com's podcasting service (the "Podcast Service") consists of Car Talk radio program files (the "Podcast Content") that may be downloaded to your computer and/or transferred to your portable MP3 player. The Podcast Service is available only for private, non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the Podcast Content, are strictly prohibited. You may not edit or modify or redistribute the Podcast Content or links supplied by CarTalk.com.
Ownership: CarTalk.com's Podcast Service and the Podcast Content are protected by U.S. and international copyright laws. Tappet Brothers Associates owns all rights including copyright to the Podcast Content, and to Car Talk logos and trademarks used in connection with the Podcast Service.
Right to Discontinue Podcast Service: CarTalk.com reserves the right to discontinue providing any or all of the Podcast Service at any time and to require you to cease displaying, distributing or otherwise using any or all of the Podcast Content for any reason including, without limitation, your violation of any provision of these Terms of Service.
Tappet Brothers Associates assumes no liability for any of your activities in connection with the Podcast Content and/or the Podcast Service or for your use of the Podcast Content and/or the Podcast Service in connection with your Web site, computer or MP3 player.
3. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS, OWNER CAR REVIEWS, DISCUSSION FORUM POSTINGS, MECHANICS FILES AND MORE
3.1 (a) You shall not upload to, or distribute or otherwise publish on to the Service any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
3.1 (b) Be courteous. You agree that you will not threaten or verbally abuse other Service users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam."
3.1 (c) Use respectful language. Like any community, the online conversation flourishes only when our Users feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service.
3.1 (d) Debate, but don't attack. In a community full of opinions and preferences, people always disagree. CarTalk.com encourages active discussions and welcomes heated debate on the Service. But personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service.
3.2 The Service shall be used only in a noncommercial manner. You shall not, without the express approval of DCH, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
3.3 You acknowledge that any submissions you make to the Service (i.e., user-generated content including but not limited to: comments, email messages, forum messages, reviews, text, Mechanics Files recommendations, video, audio and photographs, as well as computer code and applications) (each, a "Submission") may be edited, removed, modified, published, transmitted, and displayed by DCH and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Service may also be included on Car Talk's Facebook.com page, Twitter.com account, RSS feeds, APIs and made available for republishing through other formats, including broadcast on the Car Talk radio program.
3.4 You grant DCH a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for CarTalk.com or any third party DCH designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to CarTalk.com or any other Web site owned by DCH, including any Submission posted on CarTalk.com through a third party.
3.5 You are solely responsible for the content of your Submissions. However, while CarTalk.com does not and cannot review every Submission and is not responsible for the content of these messages, CarTalk.com reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
3.6 By making a Submission, you are consenting to its display on the site and for related online and offline promotional uses.
4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
4.1 CarTalk.com contains links to other related World Wide Web Internet sites, resources, and sponsors of CarTalk.com. Since CarTalk.com is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
5. REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant (a) that no materials of any kind submitted by you or through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless DCH and CarTalk.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. DCH reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
5.2 Neither DCH nor CarTalk.com represents or endorses the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
CONTENT ON THE CARTALK.COM SERVICE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN THE CARTALK.COM SERVICE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, QUALIFIED PROFESSIONAL AUTOMOBILE ADVICE, DIAGNOSIS OR REPAIR. ALWAYS SEEK THE ADVICE OF YOUR AUTOMOBILE MANUFACTURER, DEALER, MECHANIC OR OTHER QUALIFIED PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING AUTOMOBILE SAFETY, MAINTENANCE, OR REPAIR. NEVER DISREGARD OR AVOID PROFESSIONAL AUTOMOBILE ADVICE OR DELAY IN SEEKING MAINTENANCE OR REPAIRS BECAUSE OF SOMETHING YOU HAVE READ OR HEARD ON THE CARTALK.COM SERVICES. LIMITATION OF LIABILITY
IN NO EVENT WILL CARTALK.COM OR DCH, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE CARTALK.COM SERVICE, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE CARTALK.COM SERVICE, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL DCH, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.
6.1 Certain sections of the Service may be provided only to registered users. CarTalk.com will prescribe the requirements for such registration, which will become part of these Terms of Service.
6.2 You must be 13 years or older to use CarTalk.com. You must be 18 years or older to submit any content, including recommendations to the Mechanics Files.
7.1. CarTalk.com reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time CarTalk.com requires a fee for portions of the Service that are now free, CarTalk.com will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by CarTalk.com or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.
8. COMMUNICATIONS BETWEEN CARTALK.COM AND USERS
8.1 If you sign up to receive e-mail messages from CarTalk.com, CarTalk.com, its owners and assigns, will allow certain third party vendors to provide you with information about products and services.
8.2 CarTalk.com reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
8.3 CarTalk.com reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Web site may collect and share information about you only if you indicate your acceptance. For more information please read the Privacy Policy of CarTalk.com.
8.4 CarTalk.com may contact you via e-mail regarding your participation in user surveys, asking for feedback on the Web site and existing or prospective products and services. This information will be used to improve our Web site and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
9.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service ("Access Software"). You may not sublicense, assign or transfer any licenses granted by CarTalk.com, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
10.1 CarTalk.com may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of these Terms of Service.
11.1 CAR TALK®, DEWEY, CHEETHAM ... HOWE®, CLICK ... CLACK®, SHAMELESS COMMERCE®, WARPED DISCS®, MECHANICS FILES® and Car Talk logos are trademarks and service marks of Tom and Ray Magliozzi or DCH. All rights are reserved. Marks of other parties displayed in the Service are the property of their respective owners.
12.1 These Terms of Service have been made in and shall be construed and enforced in accordance with Massachusetts law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in Massachusetts.
12.2 Notwithstanding any of the foregoing, nothing in these Terms of Service will serve to preempt the promises made in the Cartalk.com Privacy Policy.
12.3 Correspondence should be sent to website at CarTalk.com.
12.4 Digital Millenium Copyright Act (DMCA) Notices; Copyright Agent CarTalk.com respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the CarTalk.com Service, please provide the following information in writing to CarTalk.com's Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail):
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
- a description of the copyrighted work that you claim has been infringed.
- a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
- information so that we can contact you, such as address, telephone number and e-mail address.
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. If you believe that any content or materials you posted, uploaded or Submitted to the CarTalk.com Services, that were subsequently removed from the CarTalk.com Services, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to CarTalk.com's Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):
- your physical or electronic signature.
- a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
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your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement. CarTalk.com's Copyright Agent can be reached as follows:
Copyright Agent
Dewey, Cheetham ... Howe
5 JFK Street
Cambridge, MA 02138
Phone: (617) 876.6632
EmailOnly DMCA notices should be sent to the Copyright Agent.
(Please direct all general questions to CarTalk.com.)
These Terms of Service were last updated on March 16, 2011.
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