Terms of Service
1. Your Acceptance
BY USING OR VISITING THIS WEBSITE (together with all Content available through the ILikeCarsAndGirls.com domain name and other sites owned, operated or controlled by ILikeCarsAndGirls, Inc., the "Website"), OR SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS AND CONDITIONS (the "Terms & Conditions"), AND (2) ILikeCarsAndGirls'S PRIVACY POLICY at www.iLikeCarsAndGirls.com/i/privacy. If you do not agree to these Terms & Conditions, the Privacy Policy, then please do not use the Website.
2. Links
The Website may contain links to third party websites that are not owned or controlled by ILikeCarsAndGirls. ILikeCarsAndGirls is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ILikeCarsAndGirls will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release ILikeCarsAndGirls from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. Website Access
1. ILikeCarsAndGirls hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without ILikeCarsAndGirls's prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms & Conditions.
2. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ILikeCarsAndGirls immediately of any breach of security or unauthorized use of your account. You will be liable for any use made of your account or password and the losses of ILikeCarsAndGirls or others due to such unauthorized use. ILikeCarsAndGirls will not be liable for your losses caused by any unauthorized use of your account.
3. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Website in a manner that sends more request messages to the ILikeCarsAndGirls servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. ILikeCarsAndGirls grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ILikeCarsAndGirls reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below).
4. ILikeCarsAndGirls has the right to terminate your access to the Website, in its sole discretion, immediately and with or without cause.
4. Intellectual Property Rights
The content on the Website, including all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ILikeCarsAndGirls. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without ILikeCarsAndGirls's prior written consent. ILikeCarsAndGirls reserves all rights not expressly granted in and to the Website. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website.
5. User Submissions
1. The Website facilitates the submission of videos or other Content by you and other users ("User Submissions") and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, ILikeCarsAndGirls does not guarantee any confidentiality with respect to any User Submissions. ILikeCarsAndGirls has complete discretion whether to accept or reject your User Submission, or to transfer your User Submission from one ILikeCarsAndGirls program to another program or portion of the Website.
2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize ILikeCarsAndGirls to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the Website and these Terms & Conditions; and (ii) you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the Website and these
Terms & Conditions.
3. You retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to iLikeCarsAndGirls, you hereby grant iLikeCarsAndGirls a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the iLikeCarsAndGirls Website and iLikeCarsAndGirls's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the iLikeCarsAndGirls Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the iLikeCarsAndGirls Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the iLikeCarsAndGirls Service. You understand and agree, however, that iLikeCarsAndGirls may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
4. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant iLikeCarsAndGirls all of the license rights granted herein.
5.You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that ILikeCarsAndGirls is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against ILikeCarsAndGirls with respect thereto, and agree to indemnify and hold ILikeCarsAndGirls, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You acknowledge that access to certain Content which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material ("Mature Content") is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21).
6. iLikeCarsandGirls does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and iLikeCarsAndGirls expressly disclaims any and all liability in connection with User Submissions. iLikeCarsAndGirls does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and iLikeCarsAndGirls will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. iLikeCarsAndGirls reserves the right to remove Content and User Submissions without prior notice.
6. Copyright and Content Policy
Digital Millennium Copyright Act.
iLikeCarsAndGirls.com is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). ILikeCarsAndGirls.com respects the legitimate rights of copyright owners, expects its users to do the same, and has adopted an efficient notice and take down procedure as required by the DMCA and described herein. This policy is intended to guide copyright owners in utilizing that procedure, and also to guide users and webmasters in restoring access to websites or content that are disabled due to a mistake.
Notice to Owners of Copyrighted Works.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the ILikeCarsAndGirls.com site by completing the following notice (“Notice”) and delivering it to ILikeCarsAndGirls.com’s Designated Copyright Agent.
DMCA Notice of Alleged Infringement.
A proper DMCA Notice will notify ILikeCarsAndGirls.com of particular facts in a document signed under penalty of perjury and delivered to ILikeCarsAndGirls.com’s Designated Agent. To write a proper Notice, you must provide the following information, which list comes directly from the DMCA statute:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site.
Identification of the material that is claimed 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 reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that the 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 the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
When filing an infringement claim, please include any URLs identifying the allegedly infringing material along with any other information that might assist the ILikeCarsAndGirls.com Agent’s investigation of your claim.
If the material originates from another website and you believe that ILikeCarsAndGirls.com has cached that material, then confirm any of the following that apply:
- The material has been removed from the originating site;
- access to the material on the originating site has been disabled;
- a court has ordered that the material be removed from the originating site; and/or
- a court has ordered that access to the material on the originating site be disabled.
Failure to include all of the above information may result in a delay in processing the DMCA Notification. If you materially misrepresent that any material infringes your copyright interest, you may be liable for damages, including court costs and attorneys’ fees, and could be subject to criminal prosecution for perjury.
Deliver this Notice with all items completed to ILikeCarsAndGirls.com’s Designated Copyright Agent:
By e-mail:
Jason Smith
iLikeCarsAndGirls Corporation
Email: Jason@iLikeCarsAndGirls.com
Fax: 650-590-6111
Upon receipt of a valid claim ILikeCarsAndGirls.com will follow the procedures provided in the DMCA which prescribe a notice and take down procedure, subject to the user’s or webmaster’s right to submit a Counter-Notification claiming lawful use of the disabled works. ILikeCarsAndGirls.com will have the disputed material removed from public view. ILikeCarsAndGirls.com will also notify the user or webmaster who posted the allegedly infringing material that has been removed or disable access to that material.
How to Make a Counter-Notification.
If you are a ILikeCarsAndGirls.com user or webmaster and you feel that the material you have placed online that has been removed following an infringement complaint Notification is in fact not an infringement, you may file a Counter-Notification. Section 512(g)(3) of the DMCA requires that to be valid, the Counter-Notification must be written and addressed to our Copyright Agent and must provide the following information taken from the statute:
- A physical or electronic signature.
- Identification of the material that has 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.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the addressee is located, or if your address is outside the United States, for any judicial district in which you may be found, and that you will accept service of process from the person who provided Notification under Subsection (c)(1)(C) or an agent of such person.
- Our Designated Agent will present your Counter-Notification to the person who filed the infringement complaint Notice. Once your Counter-Notification has been delivered, ILikeCarsAndGirls.com is allowed under the provisions of Section 512 to restore the removed material in not less than ten or more than fourteen days, unless the complaining party serves notice of intent to obtain a court order restraining the restoration
Repeat Infringers
It is ILikeCarsAndGirls.com’s policy to terminate users or webmasters who are found to be repeat infringers. Further, ILikeCarsAndGirls.com has the discretion to handle non-compliant Notices in whatever manner appears to be reasonable under the given circumstances.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ILIKECARSANDGIRLS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ILIKECARSANDGIRLS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. ILIKECARSANDGIRLS DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND ILIKECARSANDGIRLS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
8. Limitation of Liability
IN NO EVENT SHALL ILIKECARSANDGIRLS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ILIKECARSANDGIRLS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ILIKECARSANDGIRLS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
9. Indemnity
You agree to defend, indemnify and hold harmless ILikeCarsAndGirls, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website; (ii) your violation of these Terms & Conditions; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website.
10. Ability to Accept Terms & Conditions
You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms & Conditions, and to comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website-there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
11. Assignment
These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ILikeCarsAndGirls without restriction.
12. General
You agree that: (i) the iLikeCarsAndGirls Website shall be deemed solely based in Florida; and (ii) the iLikeCarsAndGirls Website shall be deemed a passive website that does not give rise to personal jurisdiction over iLikeCarsAndGirls, either specific or general, in jurisdictions other than Florida. These Terms of Service shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Any claim or dispute between you and iLikeCarsAndGirls that arises in whole or in part from the iLikeCarsAndGirls Website shall be decided exclusively by a court of competent jurisdiction located in Orlando, Florida. These Terms of Service, together with the Privacy Notice at http://www.iLikeCarsAndGirls.com/i/privacy and any other legal notices published by iLikeCarsAndGirls on the Website, shall constitute the entire agreement between you and iLikeCarsAndGirls concerning the iLikeCarsAndGirls Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and iLikeCarsAndGirls's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. iLikeCarsAndGirls reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the iLikeCarsAndGirls Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND ILIKECARSANDGIRLS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ILIKECARSANDGIRLS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated: October 2008.
