This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 11 contains certain changes to the general terms for users outside the United States.
Date of Last Revision: April 6, 2015
2. Sharing Your Content and Information
You own all of the content and information you post on GarageMonkey. In addition:
a. For content that is covered by intellectual property rights, like photos and videos (“IP Content”), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on or in connection with GarageMonkey (“IP License”). This IP License ends when you delete your IP Content or your account unless your content has been shared with others, and they have not deleted it.
b. When you delete IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
c. When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
d. Until GarageMonkey implements more specific privacy settings, when you publish content or information, it means that you are allowing everyone, including people off of GarageMonkey, to access and use that information, and to associate it with you (i.e., your name and profile picture). Note that you may create private boards which are only accessible by specific users that you designate.
e. We always appreciate your feedback or other suggestions about GarageMonkey, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep GarageMonkey safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
a. You will not send or otherwise post unauthorized commercial communications (such as spam) on GarageMonkey.
b. You will not collect users’ content or information, or otherwise access GarageMonkey, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
c. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on GarageMonkey.
d. You will not upload viruses or other malicious code.
e. You will not solicit login information or access an account belonging to someone else.
f. You will not bully, intimidate, or harass any user. Please keep in mind that you are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. GarageMonkey will have no liability for your interactions with other users, or for any user’s action or inaction. Please help to make GarageMonkey a community of users who respect each other.
g. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
h. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
i. You will not offer any contest, giveaway, or sweepstakes (“promotion”) on GarageMonkey without our prior written consent. If we consent, you take full responsibility for the promotion and will follow all applicable laws.
j. You will not use GarageMonkey to do anything unlawful, misleading, malicious, or discriminatory.
k. You will not do anything that could disable, overburden, or impair the proper working of GarageMonkey, such as a denial of service attack.
l. You will not facilitate or encourage any violations of these Terms.
4. Registration and Account Security
GarageMonkey users may provide their real names and information, and we need your help to allow it to continue that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
a. You will not provide any false personal information on GarageMonkey, or create an account for anyone other than yourself without permission.
b. You will not create more than one personal profile.
c. If we disable your account, you will not create another one without our permission.
d. You will not use your personal profile for your own commercial gain.
e. You will not use GarageMonkey if you are under 13.
f. You will not use GarageMonkey if you are a convicted sex offender.
g. You will keep your contact information accurate and up-to-date.
h. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
i. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
j. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
5. Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
a. You will not post content or take any action on GarageMonkey that infringes or violates someone else’s rights or otherwise violates the law.
b. We can remove any content or information you post on GarageMonkey if we believe that it violates these Terms.
c. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal (see section 5(k)(ii) below).
d. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
e. You will not use our copyrights or trademarks (including the GarageMonkey logo), or any confusingly similar marks, without our written permission.
g. You will not post anyone’s identification documents or sensitive financial information on GarageMonkey.
h. You will not tag users (to the extent the capability is available) or send email invitations to non-users without their consent.
i. GarageMonkey contains content of GarageMonkey (“GarageMonkey Content”). GarageMonkey Content is protected by copyright, trademark, patent, trade secret and other laws, and GarageMonkey owns and retains all rights in the GarageMonkey Content and the services made available by GarageMonkey. GarageMonkey hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the GarageMonkey Content (excluding any software code) solely for your personal use in connection with viewing the GarageMonkey website and using the services made available by GarageMonkey.
j. GarageMonkey contains content of users of the GarageMonkey website and services as well as that of GarageMonkey licensors and other third parties. Except for personal use as provided by the provisions in 5(i) above or as otherwise provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any content appearing on or through GarageMonkey.
k. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, GarageMonkey will respond expeditiously to claims of copyright infringement committed using the GarageMonkey site that are reported to GarageMonkey at email@example.com.
(i). If you are a copyright owner, or are authorized to act on behalf of one, or are authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through GarageMonkey by completing the following DMCA Notice of Alleged Infringement (“Notice”) and e-mailing it to firstname.lastname@example.org. Upon receipt of the Notice as described below, GarageMonkey will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from GarageMonkey.
DMCA Notice of Alleged Infringement:
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify (i) the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on GarageMonkey where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on GarageMonkey where such reference or link may be found.
- Provide your mailing address, telephone number, and email address.
- Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to GarageMonkey’s Designated Copyright Agent: GarageMonkey Copyright Agent, 1842 20th Street, Santa Monica, CA 90404;
NOTE: For faster handling of your notices, we strongly recommend that you DO send an email to email@example.com.
(ii). If you receive a DMCA notification from GarageMonkey that a peg has been removed due to a copyright complaint, it means that the peg’s content has been deleted from GarageMonkey at the request of the content’s owner. If your account receives too many copyright complaints, you may lose the ability to peg new content on GarageMonkey, and your account may be disabled completely. If you believe a peg was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within fifteen (15) business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content that is at issue, we will remove the complaint from your account’s record, and we may replace the content that was removed. NOTE: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
How to file a Counter-Notice:
- Reply to the notification email you received.
- Include ALL of the following:
- Your name, address, and telephone number.
- DMCA ID printed at the bottom of the notification email.
- The source address of the content that was removed (copy and paste the link in the notification email).
- A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which GarageMonkey may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent of such person.
- A physical or electronic signature (for example, typing your full name).
6. About Advertisements and Other Commercial Content Served or Enhanced by GarageMonkey
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
a. You give us permission to use your name and profile picture in connection with that content.
b. We do not give your content or information to advertisers without your consent.
c. You understand that we may not always identify paid services and communications as such.
7. Special Provisions Applicable to Advertisers
You can target your specific audience by buying ads on GarageMonkey. The following additional terms apply to you if you place an order directly through us (“Order”):
a. We will determine the size, placement, and positioning of your ads.
b. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
c. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
d. You are responsible for paying for those ads.
e. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
f. We can use your ads and related content and information for marketing or promotional purposes.
g. You will not issue any press release or make public statements about your relationship with GarageMonkey without written permission.
h. We may reject or remove any ad for any reason.
i. If you are placing ads on someone else’s behalf, we need to make sure you have permission to place those ads, including the following:
(i). You warrant that you have the legal authority to bind the advertiser to these Terms.
(ii). You agree that if the advertiser you represent violates these Terms, we may hold you responsible for that violation.
a. We can change these Terms; if such changes are material, we will provide you notice (by posting notification of the change on the GarageMonkey site) and, as required by law an opportunity to comment and/or consent.
b. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
If you violate the letter or spirit of these Terms or otherwise create risk or possible legal exposure for us, we can stop providing all or part of GarageMonkey to you. We will notify you by email or at the next time you attempt to access your account. You may also request your account be deleted or disable your application at any time. In all such cases, these Terms shall terminate, but the following provisions will still apply: 2(b), 2(d), 3-5, 6(c), 7(a), 7(b), 7(e), 7(i), and 9-13.
a. You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to these Terms or GarageMonkey exclusively in a state or federal court located in Los Angeles County. The laws of the State of California will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for the purpose of litigating all such claims.
b. If anyone brings a claim against us related to your actions, content or information on GarageMonkey, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
c. WE TRY TO KEEP GARAGEMONKEY UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING GARAGEMONKEY “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT GARAGEMONKEY WILL BE SAFE OR SECURE. GARAGEMONKEY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR GARAGEMONKEY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR GARAGEMONKEY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GARAGEMONKEY ‘S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
a. You consent to having your personal data transferred to and processed in the United States.
b. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on GarageMonkey (such as advertising or payments).
a. By “GarageMonkey” we mean the features and services we make available, including through (a) our website at www.garagemonkey.com and any other GarageMonkey branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) social plug-ins such as the Facebook recommend button and other similar offerings and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
b. By “information” we mean facts and other information about you, including actions you take.
c. By “content” we mean anything you post on GarageMonkey that would not be included in the definition of “information.”
d. By “data” we mean content and information that third parties can retrieve from GarageMonkey or provide to GarageMonkey.
e. By “post” or “peg” we mean post on GarageMonkey or otherwise make available to us (such as by using an application).
f. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
a. These Terms are an agreement between you and Motorsport Media Holdings, LLC. References to “us,” “we,” and “our” mean either GarageMonkey or Motorsport Media Holdings, LLC, as appropriate.
b. These Terms make up the entire agreement between the parties regarding GarageMonkey, and supersede any prior agreements.
c. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
d. If we fail to enforce any of these Terms, it will not be considered a waiver.
e. Any amendment to or waiver of these Terms must be made in writing and signed by us.
f. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
g. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
h. Nothing in these Terms shall prevent us from complying with the law.
i. These Terms do not confer any third party beneficiary rights.
j. You will comply with all applicable laws when using or accessing GarageMonkey.