You acknowledge that by accepting this Membership Agreement and completing the registration process, you are becoming a member of Truckblog Forums. You understand that Forums includes message boards, chat areas and/or other communication tools designed to enable member-to-member or member-to-site interactivity for recreational and informational purposes. For the purposes of this Membership Agreement, the term "Postings" means any postings on Truckblog Forums message boards, as well as any other content any person provides within chats or otherwise within Truckblog Forums. Membership Agreement As a member, you will be subject to this Membership Agreement. Truckblog Forums is a service available to all paid subscribers who agree to abide by this Membership Agreement. Truckblog reserves the right to change the terms of this Membership Agreement at any time, and also reserves the right to waive or modify any of these terms as they apply to a specific Posting or member without affecting the application of these terms to all other Postings and members. Changes will be effective when made and the updated Membership Agreement is posted to our site. As described below, members who violate this Membership Agreement may be banned permanently from posting in Truckblog Forums. Paid Subscribers Paid subscribers who have violated this Membership Agreement and have subsequently been banned from Truckblog will not be issued a refund of any kind, full or partial, to your paid subscription amount. Member Identification and Use of Registration Data As part of the registration process, you must select a user name. You must maintain only one Forums user name. The information that you supply during the registration process must be accurate and complete and you agree to not (i) register under the name of another person; (ii) choose a user name that Truckblog deems offensive; (iii) choose a user name for the purposes of deceiving or misleading Forums members and/or staff as to your true identity; or (iv) choose a user name that incorporates a solicitation (e.g., yoursitedotcom, dealershipname, isellporsches). You agree to not impersonate any other person, including any other Forums member, any Forums Host or any Truckblog staff. Your registration information will remain private from the general membership with the exception of your user name, unless you change your registration information to public information in your member profile. For more information regarding our privacy policy, please visit the Truckblog Privacy Statement, which provides that under certain circumstances we may reveal what we know about you. Keeping Your Personal Information Private We recommend that you do not give out personal information, such as your full name, email address, street address, phone number or Truckblog password, in your profile or your Postings. Members should be aware that disclosure of such information raises safety concerns and may result in solicitations from third parties not authorized by Truckblog or other unwanted communications. Truckblog disclaims any responsibility or liability arising from your disclosure of such personal information, or any other information, in your profile or your Postings. Content Management While Truckblog has no obligation to do so, we do our best to monitor Forums content. However, since we do not monitor on a "real time" basis, you may see content that is objectionable before we do. Please report objectionable content to the Forums staff by using the Contact Us link located at the bottom of every page. Truckblog reserves the right to review any Postings and to remove or refuse to post any Postings in its sole discretion. You understand that the content within Truckblog Forums is based on individual opinion and experience, which may vary significantly from one person to the next. Truckblog does not endorse or guarantee the accuracy of any Posting or other content in Truckblog Forums. You agree that Truckblog is not responsible for the accuracy of the content of Forums and will not be liable for any damages incurred as a result of the submission or use of any such content. Member Conduct Truckblog Forums welcomes all points of view on automotive matters. However, although interactions within Forums occur in cyberspace, everyday manners apply. Please respect and interact with fellow members as you would in any public arena. If you wish to take issue with the statements of other Truckblog Forums members or Truckblog staff, please engage in healthy, mature debate and not immature behavior or name-calling. Civility and respect underlie the success of an on-line community such as Truckblog Forums. While we want to maintain an inviting environment for all members, disruptive conduct, such as off-topic comments in a topic-oriented discussion, is not allowed. Neither is "spam" (posting your message multiple places throughout Forums). From time to time we may communicate with you personally concerning your participation in Forums or related matters. Those communications are not intended to be made public, and you agree not to post those communications in Truckblog Forums or elsewhere on the Internet. Harassment and Other Inappropriate Conduct You may not submit Postings that are indecent, obscene, pornographic, abusive, threatening, misleading, illegal or defamatory, or any material that interferes with the ability of others to enjoy Truckblog Forums. Truckblog Forums wishes to maintain a friendly member-to-member supporting environment. Please use this as your guideline when in doubt. In addition, we do not tolerate harassment, or denigration based on age, gender, race, religion, national origin, sexual orientation or disability. Illegal and Objectionable Activities Truckblog does not allow the promotion of illegal conduct or activities or fraudulent schemes in Forums. Specifically, you may not advocate illegal conduct, such as street racing, reckless driving or driving under the influence of alcohol or drugs. Furthermore, you agree to not engage in any illegal activity in connection with your Postings. Rights of Third Parties You may not submit Postings, including photos or images, that infringe in any manner on the copyright, trademark or intellectual property rights of any person or entity, or that contain any confidential or proprietary information of any person or entity, or that otherwise violate the legal rights of any person or entity. You may insert hyperlinks in your Postings for members to access copyrighted material for informational purposes — but, except for quotes of reasonable length, you may not post such materials in Truckblog Forums itself. You may not use Truckblog Forums to distribute unauthorized copies of copyrighted material, including photos, artwork text, recordings, designs or computer programs. You may not submit Postings that contain personally identifiable information about other people, such as their phone number, street address or email address, or information about other people that could result in an invasion of their privacy or their harassment. Promotions and Solicitations You agree that, except with Truckblog's prior consent, you will not (either in your Postings or in your profile) solicit or promote any products or services, self-promote, or implore readers to take actions that are intended to further a personal purpose. You agree you will not use information supplied within Forums to do any of the foregoing, via email or any other method. You agree to not gather public email addresses from member profiles for any purpose. You agree not to promote, link to or encourage others to visit auto sites that provide message boards, forums or chats. License of Postings to Truckblog You agree that, by submitting a Posting to Truckblog Forums, you are granting to Truckblog a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sublicensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute and display that Posting throughout the world for any purpose and in any media. You are also granting to Truckblog the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your Postings, as well as the right to attribute your Postings to you. You agree that you will not use or reproduce any Posting of any other member in any manner or in any media, including posting or republishing any Posting of another member on any other Web site. (You may, however, occasionally reprint or post excerpts, not to exceed 50 words, from a single Posting of another member if it is clear that the original and full Posting is available in Truckblog Forums.) You may also display a link to, or the address of, the Truckblog page on which any Posting appears. Your Use of the Names "Truckblog" and "truckblog.com" You understand that you may use the names "Truckblog" and "truckblog.com," including as part of a logo that may be created by you or by others, solely for the purposes of identifying your membership in Truckblog Forums. You acknowledge that X7 Media owns and reserves all right, title and interest in and to the "Truckblog" and "truckblog.com" names, and that Truckblog reserves the right to disapprove any use by you or by others of the "Truckblog" and "truckblog.com" names. You agree that if requested by Truckblog, you will promptly terminate all use of these names, and that Truckblog may so request if any use of either of these names is not in accordance with the terms of this Membership Agreement, does not meet the high standards of quality established by Truckblog with respect to the use of these names, or would expose Truckblog to any risk of liability or loss. You agree to indemnify X7 Media for any claims, liabilities, damages, costs and expenses (including attorneys' fees and costs) arising out of any use of the names "Truckblog" or "truckblog.com" including any claim that any logo used by you that incorporates either of the names infringes the rights of any other person or entity. You hereby grant to X7 Media the perpetual, non-exclusive, royalty-free, worldwide right and license to use any such logo that you create or is created by you for the purpose of advertising, promoting or otherwise marketing Forums, the Truckblog Web site or truckblog.com. You agree not to (i) take any actions that would adversely affect Truckblog rights in the "Truckblog" and "Truckblog" names, or (ii) file any application or other document with any governmental authority to register any corporate name, trade name, trademark, service mark, certification mark, collective mark or other similar designation that includes the words "Truckblog" or "truckblog.com" or any confusingly similar names, or (iii) take any other action that is inconsistent with Truckblog's rights in the names "Truckblog" and "truckblog.com" (or aid or abet any third person in doing so). Termination of Membership Please be aware that your membership may be revoked if you fail to abide by the terms of this Membership Agreement. In the event this should occur, you agree not to re-register as a member of Truckblog Forums. Furthermore, you acknowledge that Truckblog reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to submit Postings. You understand that Truckblog may exercise this right in its sole discretion. Damages; Indemnification You agree that you will be responsible for any damages resulting from any violation of this Membership Agreement. You further agree to indemnify and hold Truckblog and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Membership Agreement, or any violation of any law or the rights of a third party that occurs in connection with your use of Truckblog Forums. Choice of Law and Forum This Membership Agreement shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules. You agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Membership Agreement or use of this Web site shall be filed only in the state or federal courts located in the County of Harris, State of Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Revised May 9, 2005 |
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