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Pirate4x4.Com Legal Stuff

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Terms of Service

Welcome to the Pirate4x4.com ("Pirate4x4") web site -- www.pirate4x4.com -- and any other web sites or services owned or operated by VerticalScope Inc. This Terms of Use ("Terms" or "Agreement") is for the users, members, customers, and others who visit and use Pirate4x4 (collectively or individually, "Members").

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. By accessing, browsing, using and/or REGISTERING FOR Pirate4x4, you acknowledge that you have read, understood, and agree to be bound by the following terms, including ANY GUIDELINES AND FUTURE modifications (collectively, the "TERMS"). If you do not agree to these Terms, THEN please do not use Pirate4x4.

Never display any personal information that could be used to find you in the real, off-line, world - for example, your full real name, mailing or home address, or phone numbers.

1. Privacy Notice. Your privacy is important to Pirate4x4. Pirate4x4's Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

2. Individual Features and Services. When using Pirate4x4, you will be subject to any additional posted guidelines or rules including, but not limited to, the "Announcements" or "Stickies" found in the Pirate4x4 Forums, which are applicable to specific activities and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.

3. Modification of these Terms. Pirate4x4 reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of Pirate4x4 after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on Pirate4x4.

4. Prohibited Conduct -- BY USING Pirate4x4 YOU AGREE not TO:

  1. "Stalk", harass, threaten, or defraud other Pirate4x4 Members
  2. Send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate messages to other Pirate4x4 Members
  3. Make unsolicited offers, advertisements, proposals, chain letters, or send junk mail, to other Members
  4. Impersonate another person or access another Member's account without permission
  5. Fail to deliver payment or product(s) sold while conducting a transaction made on Pirate4x4
  6. Share Pirate4x4-issued passwords with a third party or encourage another Member to do so
  7. Misrepresent the source, identity, or content of information transmitted via Pirate4x4, for example, claiming a created work as your own that is not yours
  8. Use Pirate4x4 for any illegal purpose
  9. Iinterfere with any security-related features of Pirate4x4
  10. Intentionally interfere with the operation of Pirate4x4 or any Member's enjoyment of it, or intentionally post inflammatory statements to get responses ("Trolling")

5. Eligibility; Account Information. Pirate4x4 is not available to persons under the age of 13 or to any Members suspended or removed from Pirate4x4 by Pirate4x4. You agree that the information you provide to Pirate4x4 on Member registration and, at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.

6. Password. When you register as a Member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, or any credit, debit or charge card number), you will immediately notify Pirate4x4. You may be liable for the losses incurred by Pirate4x4 or others due to any unauthorized use of your account.

7. Ownership; Proprietary Rights. Pirate4x4 is owned and operated by VerticalScope Inc.. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of Pirate4x4 provided by Pirate4x4, including without limitation any Artwork, Pirate4x4 virtual items, Pirate4x4 member Online Accounts or User IDs, or visual art and any combination thereof (all of the foregoing, collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on Pirate4x4 are the property of Pirate4x4 or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Pirate4x4 or its affiliates and/or third-party licensors. Except as expressly authorized by Pirate4x4, you agree not to buy, sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized or commercial use of the Materials.

8. Member Submissions.

  1. Definition of Member Submissions. Pirate4x4 may now or in the future permit submissions in trail reports, tech articles, product reviews, blogging, etc. by you and other Members ("Member Submissions"), and the hosting, sharing and/or publishing of such Member Submissions. You understand that whether or not such Member Submissions are published, Pirate4x4 does not guarantee any confidentiality with respect to any Member Submissions.
  2. Ownership, Limited License Grants. VerticalScope Inc. owns all user generated content on Pirate4x4.
  3. Required Rights in Member Submissions. You shall be solely responsible for your own Member Submissions and the consequences of posting or publishing them.
  4. Member Submissions Representations. In connection with Member Submissions, you further agree that you will not: (i) 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 Pirate4x4 all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Pirate4x4 or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.
  5. Member Submissions Disclaimer. You understand that when using Pirate4x4 you will be exposed to Member Submissions from a variety of sources, and that Pirate4x4 is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. You further understand and acknowledge that you may be exposed to Member 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 have or may have against Pirate4x4 with respect thereto, and agree to indemnify and hold Pirate4x4, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of Pirate4x4. Pirate4x4 does not endorse any Member Submission or any opinion, recommendation or advice expressed therein, and Pirate4x4 expressly disclaims any and all liability in connection with Member Submissions. If notified by a Member or a content owner of a Member Submission that allegedly does not conform to these Terms, Pirate4x4 may investigate the allegation and determine in good faith and in its sole discretion whether to remove the Member Submission, which it reserves the right to do at any time. For clarity, Pirate4x4 does not permit copyright infringing activities on Pirate4x4.

9. Messaging and Forums

  1. You are welcome to post, transmit or submit Forum messages (collectively "Messages") within, or in connection with, Pirate4x4. Pirate4x4 accepts no responsibility whatsoever in connection with or arising from such Messages. Pirate4x4 does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not reviewed by Pirate4x4 prior to posting and do not necessarily reflect the opinions or policies of Pirate4x4. Pirate4x4 makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Pirate4x4 reserves the right to prevent Members from submitting content to Forums and to edit, restrict or remove such Messages for any reason at any time.
  2. Pirate4x4 assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Pirate4x4 chooses, in its sole discretion, to monitor the Forums, Pirate4x4 nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the Member submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Pirate4x4 accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages.

10. Prohibited Uses.

  1. Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access Pirate4x4 from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Members visiting Pirate4x4 from countries outside of the United States must agree to abide by all local rules regarding online conduct and acceptable content.
  2. Any use of any of the Materials other than for private, non-commercial use is strictly prohibited. As a condition of your use of Pirate4x4, you will not use Pirate4x4 for any purpose that is unlawful or prohibited by these Terms. You may not use Pirate4x4 in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of Pirate4x4. You may not attempt to gain unauthorized access to Pirate4x4, or any part of them, other accounts, computer systems or networks connected to Pirate4x4, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of Pirate4x4 or any activities conducted on Pirate4x4. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Pirate4x4. You agree neither to modify Pirate4x4 in any manner or form, nor to use modified versions of Pirate4x4, including (without limitation) for the purpose of obtaining unauthorized access to Pirate4x4.
  3. Pirate4x4 may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access Pirate4x4 for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Pirate4x4. Search engines are exempt from this prohibition.

11. DMCA Notifications.

It is Pirate4x4's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Pirate4x4 will promptly terminate without notice any Member's access to Pirate4x4, if that Member is determined to be a "repeat infringer." A repeat infringer is a Member who has been notified by Pirate4x4 of infringing activity violations more than twice and/or who has had a Member Submission removed from Pirate4x4 more than twice.

13. Payment Terms.

If you purchase a Red or Yellow Star, by "Subscription" for various added features from Pirate4x4, then you agree to pay for any such purchases, and we may charge your selected payment method to collect any such payments.

You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). If your payment method fails your subscription may be deactivated without notice to you if payment is past due, regardless of the dollar amount.

You may cancel your subscription at any time by logging into your paypal account and cancelling the active subscription.

Pirate4x4 does not have access to your Paypal account. Pirate4x4 cannot charge your account without your approval.

14. Third-Party Sites, Products and Services; Links

  1. Pirate4x4 may include links to other web sites or services solely as a convenience to Members ("linked sites"). Pirate4x4 does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Pirate4x4 makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.
  2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Pirate4x4 are solely between you and such advertiser. You agree that Pirate4x4 will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Pirate4x4.

15. Violations; Termination.

You agree that Pirate4x4, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Pirate4x4 or your use of Pirate4x4 and remove and discard all or any part of your account, Member profile, or any Member Submission, at any time. Pirate4x4 may also in its sole discretion and at any time discontinue providing access to Pirate4x4, or any part thereof, with or without notice. You agree that any termination of your access to Pirate4x4 or any account you may have or portion thereof may be effected without prior notice, and you agree that Pirate4x4 shall not be liable to you or any third party for any such termination. As discussed herein, Pirate4x4 does not permit copyright infringing activities on Pirate4x4, and reserves the right to terminate access to Pirate4x4, and remove all content submitted, by any Members who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Pirate4x4 may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Pirate4x4 may have at law or in equity.

Pirate4x4 does not offer profile deletions. If you choose to no longer use Pirate4x4, simply do not log on. We will not grant any profile deletion requests.

16. Disclaimers;

No Warranties. Pirate4x4 AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH Pirate4x4 ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Pirate4x4, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

Pirate4x4, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN Pirate4x4 WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT Pirate4x4 OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Pirate4x4, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF Pirate4x4 IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Pirate4x4 NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF Pirate4x4 AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

17. Indemnification; Hold Harmless. You agree to indemnify, save, and hold Pirate4x4, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your use or misuse of Pirate4x4, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. Pirate4x4 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Pirate4x4, and you agree to cooperate with Pirate4x4's defense of these claims.

18. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL Pirate4x4 OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON Pirate4x4, OR ANY OTHER INTERACTIONS WITH Pirate4x4, EVEN IF Pirate4x4 OR A Pirate4x4 AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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, Pirate4x4'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL Pirate4x4 OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF Pirate4x4, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER Pirate4x4 MEMBERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING Pirate4x4 DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN Pirate4x4 AND RECEIVED THROUGH OR ADVERTISED ON Pirate4x4 OR RECEIVED THROUGH ANY LINKS PROVIDED ON Pirate4x4.

19. Miscellaneous.

  1. Notice. Except as explicitly stated otherwise, legal notices will be served on Pirate4x4's national registered agent or to the email address you provide to Pirate4x4 during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through Pirate4x4. In such case, notice will be deemed given three days after the date of mailing.
  2. Waiver. The failure of Pirate4x4 to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Pirate4x4.
  3. Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
  4. Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or Pirate4x4 will be filed only in the state or federal courts in and for El Dorado County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
  5. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
  6. Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pirate4x4 without restriction.
  7. Survival. Sections 7 and 14 through 19 will survive any termination of these Terms.
  8. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
  9. Entire Agreement. This is the entire agreement between you and Pirate4x4 relating to the subject matter herein and will not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by Pirate4x4 as set forth in Section 3 above.
  10. Claims. YOU AND Pirate4x4 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO Pirate4x4 MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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