Conditions Of Use

Driven Car Reviews Conditions of Use
(Draft: 8/28/2010)

Welcome to Driven Car Reviews. We provide drivencarreviews.com (the “Site”) to you subject to the following conditions. By visiting the Site, you accept these conditions. Please read them carefully.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Driven Car Reviews or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Driven Car Reviews and protected by U.S. and international copyright laws. All software used on this site is the property of Driven Car Reviews or its software suppliers and protected by United States and international copyright laws.

Trademarks

DRIVEN CAR REVIEWS and other marks indicated on our site are trademarks of Tom Voelk in the United States and/or other countries. Other Driven Car Review graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Tom Voelk. Driven Car Review’s trademarks and trade dress may not be used in connection with any product or service that is not Driven Car Review’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Driven Car Review. All other trademarks not owned by Driven Car Review that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Driven Car Review.

License and Site Access

Driven Car Reviews grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Driven Car Reviews. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any reviews; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Amazon.  Any unauthorized use terminates the permission or license granted by Amazon. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our Site so long as the link does not portray us in a false, misleading, derogatory, or otherwise offensive matter.

Discussions, Comments, Communications, and Other Content

Visitors may post discussions, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. Driven Car Reviews reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

Your License to Driven Car Reviews

If you do post content or submit material, and unless we indicate otherwise, you grant to Driven Car Reviews  a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Driven Car Reviews and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this site’s policies and will not cause injury to any person or entity; and that you will indemnify Driven Car Reviews (and its owners and sublicensees) for all claims resulting from content you supply. Driven Car Reviews has the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

Copyright Complaints

Driven Car Reviews respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please let us know by sending an email to: tomvoelk@gmail.com.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY DRIVEN CAR REVIEWS ON AN “AS IS” AND “AS AVAILABLE” BASIS. DRIVEN CAR REVIEWS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. DRIVEN CAR REVIEWS RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS SITE AT ANY TIME IN ITS DISCRETION.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DRIVEN CAR REVIEWS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DRIVEN CAR REVIEWS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DRIVEN CAR REVIEWS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DRIVEN CAR REVIEWS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

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.

Applicable Law

By visiting this Site, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Driven Car Reviews.

Disputes

Any dispute relating in any way to your visit to this Site or to services offered by or through this Site in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts.

Site Policies, Modification, and Severability

Please review our other policies. These policies also govern your visit to this Site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.