AutoCareVideo Terms of Use

By using or visiting AutoCareVideo (“ACV”), a service of Babcox Media, Inc., you agree to these terms of use as well as the ACV privacy policy.

External content

ACV may contain links to third party websites that are not owned or controlled by ACV. ACV has no control over and assumes no responsibility for their content, privacy policies, or practices.

Registration

To upload content or use certain features of ACV, you must register. When registering for the site you must provide true and accurate information. You are responsible for all activities occurring under your chosen account and you must keep your password secure. If you suspect unauthorized use of your account, notify ACV immediately. You may not create an account using false or misleading information with the purpose to mislead other users and/or getting unlawfully access to information.

Content

You are not allowed to use ACV for any illegal, offensive, or discriminating content. It is your sole responsibility to comply with all applicable international and local rules and these terms. You shall be solely responsible for any content you submit, post, create and display on the website and the consequences of publishing them. This includes but is not limited to: videos, images, comments, and profile text.

We reserve the right to remove any material and/or restrict, suspend, or terminate access and/or accounts that we find in our sole discretion in breach of our terms, unlawful, infringing or violating intellectual property laws. You are solely responsible for the content you upload to ACV. ACV is not responsible to check and/or approve any information provided by members to the site. Furthermore, ACV is not obliged to monitor any member’s use of the service.

All videos uploaded to ACV must apply to the automotive, powersports, or truck fleet aftermarket. If it doesn’t pertain to the aftermarket, it doesn’t belong here.

You must own or hold all necessary rights (copyrights, etc.) to any video you upload. You can upload videos that you appear in or helped create (as director, DP, editor, musician, motion graphics artist, actor, etc.) as long as you have the necessary permissions from the copyright holders.

You cannot upload certain types of content:

No rips of movies, music, television, or any other third party copyrighted material.

No nudity, sexually explicit material, or pornography.

No videos that are hateful, harass others, or include defamatory or discriminatory speech.

No videos that depict or promote unlawful acts, extreme or real-life violence, self-harm, or cruelty toward animals.

You may not:

Alter in any way the ACV website or service, or reverse engineer the service or part of the service.

Submit material that in any form contains software viruses or other malicious software such as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Perform any other action that could be unlawful or damage, overburden or compromise the ACV website.

Use automated programs or applications such as but not limited to spiders and robots.

Remove any copyright, trademark, or other proprietary rights notices contained in or on the website and services.

Try to obstruct, interfere, or limit in any way the ACV service or the ability for other users to use the service.

Upload videos that promote fraudulent or dubious business schemes.

Upload spam, or flood ACV with videos intended to drive traffic to your website.

Termination

You can terminate your account at any time, without any reason by contacting the ACV team. Once you have terminated your account your profile and personal information will be removed from the ACV website. ACV may terminate your account at any time, with or without cause. These terms remain active even after the termination of your account.

Copyright

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. In case of the infringement of copyright rights ACV may terminate your account with immediate effect. ACV respects the copyright of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact ACV and provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Web site (this could be a screenshot or the url); (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Direct copyright infringement notifications to Greg Cira, VP and CFO, Babcox Media, Inc., 3550 Embassy Parkway, Akron, Ohio 44333 or [email protected]

Disclaimer

You agree that you use the ACV website and services at your sole risk. ACV its partners, employees, consultants, and subcontractors disclaim all warranties in connection with your use of the ACV website and services. ACV is not responsible and therefore disclaims any responsibility or liability for the accuracy, completeness, legality or availability of any content posted on the ACV website or services. ACV disclaims any responsibility that the service provided will be uninterrupted, meeting your specific requirements, error-fee, the server and/or any other hardware or software that provides the ACV website and services are free of virus or other harmful software. ACV is not responsible for the action and/or content provided by account holders to the ACV website or services.

There will be links, banners, and other forms of advertisements of third parties on the ACV website and/or services. You acknowledge that following these links will be done at your own risk. ACV disclaims any responsibility for the content provided by these third parties, be it within the ACV website or external websites accessible from the ACV website or services.

ACV disclaims any responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. ACV is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of ACV services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials.

The ACV website and services are provided “as-is”, “with all faults”, and “as-available”. ACV expressly disclaims any warranty of fitness for a particular purpose or non-infringement.

Indemnity

You agree to defend, indemnify and hold harmless ACV, its partners, officers, directors, employees, and subcontractors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the ACV website and services; your violation of any term of these terms and conditions or third party rights, including without limitation any copyright, property, or privacy right; or any claim that was caused by content or material posted, published, distributed or shared through you or your user account. This defense and indemnification obligation will survive these terms of service and your use of the ACV website or services.

Limitation of Liability

IN NO EVENT SHALL ACV BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ACV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ACV’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACV FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.

Changes to Terms and Conditions

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice, and it is your responsibility to review these Terms of Service for any changes. Your continued use of ACV after any such changes constitutes your acceptance of the new Terms of Service.

Miscellaneous

These terms of service together and other legal noticed published by ACV constitute the entire agreement between you and ACV with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. These terms of service shall be governed by the laws of the State of Ohio, without respect to its conflict of laws principles. Any claim or dispute between you and ACV shall be decided exclusively by a court of competent jurisdiction located in Summit County, Ohio. Any waiver of any provision of the terms of service by a party will be effective only if in writing and signed by a party. 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 ACV’s failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision.