Digitalcarclub.com (“Digital Car Club”, “DCC”, the “Website”, the “Club” or the “Program”) is a members club and forum that allows car lovers to get informed about and discuss topics related to cars. We will periodically notify club members about all topics discussed on the website and forum (the “Service”) by the way of emails and text messaging (the “Text Content”).
These Terms & Conditions govern your use of the Website and the Service, and your agreement is a condition precedent to using the Website and the Service.
Your Digital Car Club (DCC) Account and Site
If you create a user on the forum, you are responsible for maintaining the security of your account and forum, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the forum. You must not describe or assign keywords to our forum in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and DCC may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause DCC liability. You must immediately notify DCC of any unauthorized uses of your forum, your account or any other breaches of security. DCC will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you operate a forum, comment on a forum, post material to the Website, post links on the Website, or otherwise make material available by means of the Website (any such material, “Forum Content”), You are entirely responsible for the Forum Content of, and any harm resulting from, that Forum Content. That is the case regardless of whether the Forum Content in question constitutes text, graphics, an audio file, or computer software. By making Forum Content available, you represent and warrant that: The downloading, copying and use of the Forum Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Forum Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Forum Content;
You have fully complied with any third-party licenses relating to the Forum Content, and have done all things necessary to successfully pass through to end users any required terms; The Forum Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive Forum Content;
The Forum Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial Forum Content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
The Forum Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
You have, in the case of Forum Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by DCC or otherwise.
Text Messaging (SMS)
Message and data rates may apply. Message frequency varies by account. Check your text messaging plan with your carrier.
When you opt-in to the service, we will send you an SMS message to confirm your signup. You can cancel the SMS service at any time. Just text "STOP" to ****. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If at any time you forget what keywords are supported, just text "HELP" to the short code. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
We are able to deliver messages to most mobile phone carriers.
Carriers are not liable for delayed or undelivered messages.
Age Requirements Being a Club Member And Using The Service
Use of and participation in the DCC and the Service is restricted to those individuals who are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or receiving the Service, you hereby represent that you are at least 18 years of age.
Intellectual Property Rights
Subject to these Terms of Service, we hereby grant you a limited, non-exclusive and non-transferable right and license to access and use the Website, the Service and the Content, solely for your own use.
As between you and us, all trademarks, service marks, patents, copyrights, trade secrets and other proprietary and intellectual property rights in or related to the Website, the Service and the Content are and shall remain our exclusive property, whether or not specifically recognized or perfected under local applicable law.
Restrictions on Use
The Service or any portion of the Service may not be reproduced, duplicated, copied,sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
Disclaimer
The service and all related information and products are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties,express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in this system, including, but not limited to, this service’s information, products, graphic sand/or other materials, will be available, uninterrupted or error-free.
Limitation of Liability
To the fullest extent permissible pursuant to applicable law, we and our licensors, service providers, content providers, members, employees, agents, officers, directors, and managers shall not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, loss of data, pain and suffering, emotional distress, or similar damages arising out of or in any way connected to the use of, or the inability to use, the materials relating to the service or the performance of our products or services, even if we (or our authorized representative(s)) have been advised of the possibility of such damages.
In no event shall the collective liability of us and our licensors, service providers, content providers, members, employees, agents, officers, directors, and managers to or through you for all damages, losses, and causes of action whether in contract or tort, exceed $2000.