TERMS OF SERVICE
ZerCustoms and its affiliates, successors, parents, subsidiaries,
assigns, licensees, and designees (collectively and individually
" ZerCustoms") encourages and promotes the ZerCustoms.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 ZerCustoms to you ("the user"
or " Member"), subject to the Terms of Service, and
other terms and conditions that may be published by ZerCustoms
from time to time on the Service. ZerCustoms 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. ZerCustoms 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. ZerCustoms 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 ZerCustoms 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 ZerCustoms'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).
Violation of any of these agreements will result in the termination
of your ZerCustoms account.
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 ZerCustoms 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 ZerCustoms is not undertaking any
obligation or liability relating to any Content or activities
of its Members. ZerCustoms cannot prevent Members from placing
prohibited content on the Service. Furthermore, ZerCustoms 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 ZerCustoms from
time to time. Upon notification of inappropriate material, ZerCustoms
reserves the right, but not the responsibility to remove the
Content from the Service. ZerCustoms 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.
ZerCustoms respects the intellectual property of others. ZerCustoms
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 ZerCustoms's Copyright Agent the following information:
- 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.
- 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.
- 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.
- Your address, telephone number, and email address.
- 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.
- 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.
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 ZerCustoms as reflected in the original provision.
Any delay or failure on the part of ZerCustoms 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 ZerCustoms, and the
officers, directors, employees, partners, principals, agents
and representatives of ZerCustoms, 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.
Limitation of Liability
To the full extent permissible under the applicable law, ZerCustoms
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 ZerCustoms 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, ZerCustoms'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. ZerCustoms 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 ZerCustoms.
ZerCustoms 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 ZerCustoms's control, and ZerCustoms 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, ZerCustoms 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
ZerCustoms believes that communities can only truly be built
through interaction and participation among community Members
based on trust, privacy and freedom of expression.
ZerCustoms wants all Members to have the freedom to express
themselves, however at the same time, ZerCustoms wants all Members
to feel secure.
This Privacy Policy covers ZerCustoms Network's treatment of
personally identifiable information that ZerCustoms collects
when you are on the ZerCustoms Network suite of sites, and when
you use ZerCustoms's services. This policy also covers ZerCustoms's
treatment of any personally identifiable information that ZerCustoms's
business partners share with ZerCustoms or that ZerCustoms may
collect on a partner's site.
This policy does not apply to the practices of companies that
ZerCustoms does not own or control, or to people that ZerCustoms
does not employ or manage.
- ZerCustoms collects personally identifiable information
when you register for a ZerCustoms membership, when you sign
up for a ZerCustoms Network email newsletter, when you purchase
a product or service from ZerCustoms Network, when you visit
the Service, and when you enter our promotions or sweepstakes.
ZerCustoms may also receive personally identifiable information
from our business partners.
- ZerCustoms 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.
- ZerCustoms Network will not sell or rent your personally
identifiable information to anyone
- ZerCustoms 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 ZerCustoms 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
ZerCustoms Terms of Service or any of our usage guidelines
for specific products or services.
- Once you register with ZerCustoms and sign in to the Service,
you are not anonymous to us.
- ZerCustoms also automatically receives and records information
on our server logs from your browser including your IP address,
ZerCustoms cookie information and the page you requested.
ZerCustoms 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 ZerCustoms 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, ZerCustoms 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. ZerCustoms will
automatically send them one (1) one-time email inviting them
to visit the site. The ZerCustoms stores this information
for the sole purpose of sending this one-time email. The friend
may contact ZerCustoms to request removal of their information
from the ZerCustoms database.
ZerCustoms makes every effort to ensure that your information
is secure on our system. Unfortunately, no data transmission
over the Internet can be guaranteed to be 100% secure. As a
result, we cannot guarantee the security of any information
you transmit to us, and you do so at your own risk.
ZerCustoms 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 ZerCustoms. Listed below are some, but not all, violations
that may result in termination of your access to ZerCustoms.
By using ZerCustoms, you agree NOT to do any of the following:
- 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.
- 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.
- Pretend to be anyone whom you are not. You may not impersonate
another member, a ZerCustoms staff member, or anyone else.
You may not post content regarding a vehicle not owned by
you.
- Post content not owned by you or have permission to use.
- Attempt to get a password, other account information, or
other private information from a member, or harvest email
addresses or other information.
- Post any unsolicited advertising, promotional materials,
or any other forms of solicitation.
- 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 ZerCustoms. 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 ZerCustoms. 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\@ZerCustoms.com.
Harassment of another ZerCustoms 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 ZerCustoms
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 ZerCustoms Networks community!