Terms of Service
Last Updated: 1. Dec. 2006
This terms of service statement covers the sites: DesignerCars.net,
DesignerCars.us, DesignerCars.de, DesignerCars.co.uk, DesignerCars.nl,
DesignerCars.be, DesignerCars.se and DesignerCars.dk furthermore collectively
referred to as DesignerCars Networks.
Your use of our site tells us you have read and agreed to
documents carefully. If you do not agree with any of these terms, please exit
DesignerCars Networks. DesignerCars Networks reserves the right to terminate
Membership and deny access to the site to any person who violates this Terms of
All information, content, services and software displayed on, transmitted
through, or used in connection with DesignerCars Networks, including for example
text, photographs, images, audio clips, video, html, source and object code,
trademarks, logos, and the like (collectively, the "Content"), as well as its
selection and arrangement, is owned by DesignerCars Networks., and its
affiliated companies, licensors and suppliers. You may use the Content online
only, and solely for your personal, non-commercial use, and you may download or
print a single copy of any portion of the Content solely for your personal,
non-commercial use, provided you do not remove any trademark, copyright or other
notice from such Content.
You may not, for example, republish any portion of the Content on any Internet,
Intranet or extranet site or incorporate the Content in any database,
compilation, archive or cache without the expressed written approval of
DesignerCars Networks . You may not distribute any Content to others, whether or
not for payment or other consideration, and you may not modify, copy, frame,
cache, reproduce, sell, publish, transmit, display or otherwise use any portion
of the Content without the expressed written approval of DesignerCars Networks.
You may not scrape or otherwise copy our Content without written permission. You
agree not to decompile, reverse engineer or disassemble any software or other
products or processes accessible through DesignerCars Networks, not to insert
any code or product or manipulate the content of DesignerCars Networks in any
way that affects the user's experience, and not to use any data mining, data
gathering or extraction method.
Requests to use Content for any purpose other than as permitted in these Terms
of Service should be directed to DesignerCars Networks, Crew@designercars.net.
In certain cases, you may be able to obtain a license to use individual Content
pieces that appear on DesignerCars Networks through online functionality we have
specifically designated (e.g., to e-mail a profile to a friend or to purchase a
signed photograph. In such cases, we will tell you directly in the portion of
the Content you may license or you will see a link in the Content itself. If you
do not see such authorization or link, you should assume no third party has the
right to allow you to use the Content.
DesignerCars Networks respects the intellectual property of others. If you
believe your work has been copied in a way that constitutes copyright
infringement or are aware of any infringing material on DesignerCars Networks,
please contact us at the address listed below under the heading "Contact us".
Membership and Registration:
If you become a Member of DesignerCars Networks, you accept responsibility for
all activities that occur under your account or password, and agree not to sell,
transfer or assign your Membership or any Membership rights. We reserve the
right to terminate your Membership if individuals from more than one household
access DesignerCars Networks using any single username or password. You are
responsible for maintaining the confidentiality of your password and for
restricting access to your computer so others outside your household may not
access DesignerCars Networks using your name in whole or in part without our
permission. If you believe someone has accessed DesignerCars Networks using your
username and password without your authorization, E-mail us immediately at the
address listed below.
User-Provided Information and Content:
By providing information to, communicating with, and/or placing material on,
DesignerCars Networks, including for example communication during registration,
communication in forums, posting photos, video, music, placing any classified
advertisement in DesignerCars Trader, entering any sweepstakes, etc., you
represent and warrant: (1) you own or otherwise have all necessary rights to the
content you provide and the rights to use it as provided in this Terms of
Service; (2) all information you provide is true, accurate, current and
complete, and does not violate these Terms of Service; and, (3) the content will
not cause injury to any person or entity.
For all such information and material, you grant DesignerCars Networks, its
affiliates and related entities, a royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, copy, modify, display, archive, store,
distribute, reproduce and create derivative works from such information, in any
form, media, software or technology of any kind now existing or developed in the
future. Without limiting the generality of the previous sentence, you authorize
DesignerCars Networks to share the information across all affiliated websites,
to include the information in a searchable format accessible by users of
DesignerCars Networks, and to use your name and any other information in
connection with its use of the material you provide. You also grant DesignerCars
Networks the right to use any material, information, ideas, concepts, know-how
or techniques contained in any communication you send to us for any purpose
whatsoever, including but not limited to developing, manufacturing and marketing
products using such information. All rights in this paragraph are granted
without the need for additional compensation of any sort to you.
Please note DesignerCars Networks does not accept unsolicited materials or ideas
for use or publication, and is not responsible for the similarity of any of its
content or programming in any media to materials or ideas transmitted to
DesignerCars Networks. Should you send any unsolicited materials or ideas, you
do so with the understanding no additional consideration of any sort will be
provided to you, and you are waiving any claim against DesignerCars Networks and
its affiliates regarding the use of such materials and ideas, even if material
or an idea is used that is substantially similar to the idea you sent.
E-commerce and Transactions on our site:
During your visit to our site you may elect to engage in a transaction involving
the purchase of a product such as an online advertisement. Membership upgrades,
auto parts or other tangible goods and services. To serve you most efficiently,
credit card transactions and order fulfilment are often handled by a third party
processing agent, bank or distribution institution. While in most cases
transactions are completed without difficulty, there is no such thing as
"perfect security" on the Internet or offline. If you're concerned about online
credit card safety, in most cases a telephone number will be made available so
you can call us and place your order by phone. DesignerCars Networks cannot take
responsibility for the success or security of transactions undertaken or
processed by third parties.
On occasion, a product or service offered on DesignerCars Networks may not be
available at the time or the price as it appears in an advertisement. In such
event, or in the event a product is listed at an incorrect price or with
incorrect information due to typographical error, technology effort, error in
the date or length of publication, or error in pricing or product information
received from our advertisers or suppliers, you agree DesignerCars Networks is
not responsible for such errors or discrepancies.
Other Specifics About Interactive:
DesignerCars Networks forums and other such interactive areas are provided to
give users an interesting and stimulating forum to express their opinions and
share ideas and information. Given the nature of DesignerCars Networks and the
volume of messages and postings, DesignerCars Networks cannot and does not
monitor all of the material posted or transmitted by users and third party
information providers. To protect your safety, please use your best judgment
when using these forums. We particularly discourage divulging personal phone
numbers and addresses or other information that can be used to identify or
locate you. DesignerCars Networks reserves the right to delete, move or edit any
communications at any time, for any reason or in its discretion, but has no
obligation to review or remove any such content.
Posting Rules: Interactive areas, forums, etc., are intended to encourage public
debate. We expect people to differ - judgment and opinion are subjective things
– and we encourage freedom of speech and a marketplace of ideas. But by using
these areas of DesignerCars Networks, you are participating in a community that
is intended for all our users. Therefore, we reserve the right to remove any
content posted on our site at any time for any reason. Decisions as to whether
content violates any Posting Rule will be made by DesignerCars Networks in its
discretion after we have actual notice of such posting. Without limiting our
right to remove content, we have attempted to provide guidelines to those
posting content on our site. When using DesignerCars Networks, please do not
post material that:
· Contains vulgar, profane, abusive, racist or hateful
language or expressions, epithets or slurs, text, photographs or illustrations
in poor taste, inflammatory attacks of a personal, racial or religious nature.
· Is defamatory, threatening, disparaging, grossly
inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross
exaggeration or unsubstantiated claims, violates the privacy rights of any third
party, is unreasonably harmful or offensive to any individual or community.
· Violates any right of DesignerCars Networks or any
third party. discriminates on the grounds of race, religion, national origin,
gender, age, marital status, sexual orientation or disability, or refers to such
matters in any manner prohibited by law.
· Violates or inappropriately encourages the violation of
any municipal, state, federal or international law, rule, regulation or
ordinance. unfairly interferes with any third party's uninterrupted use
of DesignerCars Networks.
· Advertises, promotes or offers to trade any goods or
services, except in areas specifically designated for such purpose.
· Uploads copyrighted or other proprietary material of
any kind on DesignerCars Networks without the express permission of the owner of
· Uses or attempt to use another's account, password,
service or system except as expressly permitted by the Terms of Service.
· Uploads or transmits viruses or other harmful,
disruptive or destructive files.
· Disrupts, interferes with, or otherwise harms or
violates the security of DesignerCars Networks, or any services, system
resources, accounts, passwords, servers or networks connected to or accessible
through DesignerCars Networks or affiliated or linked sites.
· "Flames" any individual or entity (e.g., sends repeated
messages related to another user and/or makes derogatory or offensive comments
about another individual), or repeats prior posting of the same message under
multiple threads or subjects.
WARNING: A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED TO LAW
Communications with Third Parties Through DesignerCars Networks:
Your dealings or communications through DesignerCars Networks with any party
other than DesignerCars Networks are solely between you and that third party.
For example, certain areas of DesignerCars Networks may allow you to conduct
transactions or purchase goods or services. In most cases, these transactions
will be conducted by our third-party partners and vendors. Under no
circumstances will DesignerCars Networks be liable for any goods, services,
resources or content available through such third party dealings or
communications, or for any harm related thereto. Please review carefully that
third party's policies and practices and make sure you are comfortable with them
before you engage in any transaction. Complaints, concerns or questions relating
to materials provided by third parties should be forwarded directly to the third
During your visit to DesignerCars Networks you may link to, or view as part of a
frame, certain content that is actually created or hosted by a third party. You
may be introduced to, or be able to access, information, Web sites,
advertisements, features, contests or sweepstakes offered by other parties.
DesignerCars Networks is not responsible for the actions or policies of such
third parties. You should check the applicable terms of service and privacy
policies of those third parties when providing information on such a feature or
General Disclaimer and Limitation of Liability:
While DesignerCars Networks uses reasonable efforts to include accurate and
up-to-date information, we make no warranties or representations as to the
accuracy of the Content and assume no liability or responsibility for any error
or omission in the Content. DesignerCars Networks does not represent or warrant
that use of any Content will not infringe rights of third parties. DesignerCars
Networks has no responsibility for actions of third parties or for content
provided or posted by others.
USE OF DESIGNERCARS NETWORKS IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS
IS" AND "AS AVAILABLE". DESIGNERCARS NETWORKS OR ANY OF THEIR AFFILIATED OR
RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR
LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND
REGARDING DESIGNERCARS NETWORKS, THE CONTENT, ANY ADVERTISING MATERIAL,
INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH DESIGNERCARS NETWORKS,
AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF DESIGNERCARS NETWORKS OR
SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES DESIGNERCARS NETWORKS WILL MEET
YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE
SPECIFICALLY DISCLAIMED. DESIGNERCARS NETWORKS AND ITS AFFILIATES ARE NOT
RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD
PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT
OR OTHER PROPERTY.
DESIGNERCARS NETWORKS CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND
RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. DESIGNERCARS
NETWORKS DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY
OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR
DISTRIBUTED THROUGH THE DESIGNERCARS NETWORKS. ANY RELIANCE UPON ANY SUCH
OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL DESIGNERCARS NETWORKS OR ITS AFFILIATES, EMPLOYEES, AGENTS,
CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES
RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DESIGNERCARS NETWORKS OR ITS
AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY
AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
INDEMNITY: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, DESIGNERCARS
NETWORKS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR
RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS
(INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT,
PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING
ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION
REGARDING: (1) YOUR USE OF DESIGNERCARS NETWORKS; (2) DESIGNERCARS NETWORKS’ USE
OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT
INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR
TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4)
ANY VIOLATION OF THIS AGREEMENT BY YOU.
DesignerCars Networks reserves the right to change these Terms of Service at any
time in its discretion and to notify users of any such changes solely by
changing this Terms of Service. Your continued use of DesignerCars Networks
after the posting of any amended Terms of Service shall constitute your
agreement to be bound by any such changes. Your use of this site prior to the
time this Terms of Service was posted will be governed according to the Terms of
Service that applied at the time of your use.
DesignerCars Networks may modify, suspend, discontinue or restrict the use of
any portion of DesignerCars Networks, including the availability of any portion
of the Content at any time, without notice or liability. DesignerCars Networks
may deny access to any person or user at any time for any reason. In addition,
DesignerCars Networks may at any time transfer rights and obligations under this
Agreement to any DesignerCars Networks affiliate, subsidiary or business unit,
or any of their affiliated companies or divisions, or any entity that acquires
DesignerCars Networks or any of its assets.
These Terms of Service will be governed by and construed in accordance with the
laws of Denmark, without regard to its conflicts of law provisions. You hereby
agree that any cause of action you may have with respect to DesignerCars
Networks must be filed in court located in Copenhagen, Denmark, within two
months of the time in which the events giving rise to such claim began, or you
agree to waive such claim. You agree no such claim may be brought as a class
action. If for any reason any provision of this Agreement is found
unenforceable, that provision shall be enforced to the maximum extent
permissible so as to effect the intent of the parties as reflected in that
provision, and the remainder of the Agreement shall continue in full force and
effect. Any failure of DesignerCars Networks to enforce or exercise any
provision of this Agreement or related right shall not constitute a waiver of
that right or provision. The section titles used in this Agreement are purely
for convenience and carry with them no legal or contractual effect. In the event
of termination of this Agreement for any reason, you agree the following
provisions will survive: the provisions regarding limitations on your use of
Content, the license(s) you have granted to DesignerCars Networks, and all other
provisions for which survival is equitable or appropriate.
In the case of a conflict between these terms and the terms of any electronic or
machine readable statement or policy (for example, a P3P electronic privacy
policy), these Terms of Service shall control. Similarly, in case of a conflict