Agreement between user and www.carigin.com
Welcome to www.carigin.com. The www.carigin.com website (the “Site”) is comprised of various web pages operated by Carigin (“Carigin”). www.carigin.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.carigin.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The purpose of Carigin is to help the world become more open and transparent of all things relating to vehicles by improving communication and connection.
Privacy
Your use of www.carigin.com is subject to Carigin’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Your Content and Information
You are solely responsible for any content, including text images, audio-visual materials or other data that you post on the site (“Your Content”).
You agree that Your Content will not:
- be harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
- seek to harm children or expose them to any inappropriate content
- be obscene, pornographic, excessively violent or sexual;
- be illegal, encourage any illegal activity or discuss illegal activities in a manner that indicates intent to commit them (illegal activities include child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity);
- be defamatory, libelous or invasive of another’s privacy or publicity rights, or disclose any personally identifiable information about any person;
- infringe any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party; pretend to be from someone other than you; be antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” or “grieving”
- contain software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.
License to Your Content
You retain ownership of Your Content, but you grant, and you represent and warrant that you have the right to grant, to Carigin an irrevocable, perpetual, non-exclusive, fully-paid, transferrable, royalty-free, worldwide license to use, copy, publicly perform, display, distribute, modify, adapt or reformat Your Content, to create derivative works of Your Content and to incorporate Your Content into other works on the site and in connection with Carigin’s business, in any media now known or hereafter developed.
You agree that none of Your Content shall be deemed confidential or secret information and that Your Content will be publicly available through the site.
Right to Refuse to Post Content
We reserve the right to refuse to post or to remove Your Content at any time in our absolute and sole discretion without prior notice. We have no duty to monitor or pre-screen Your Content or other peoples’ content or communications, but we may do so if we elect. If we elect to screen content, there may be a delay in making the content available on the site.
Submitted Ideas
We enjoy receiving ideas from our users about the site. We are free to use any ideas, suggestions, or content that you submit to us without any compensation or credit. Any ideas, suggestions or content that you send to us will be subject to the provisions of “License to Your Content.”
Electronic Communications
Visiting www.Carigin.com or sending emails to Carigin constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Account Registration and Security
If you use this site, you are 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Carigin is not responsible for third party access to your account that results from theft or misappropriation of your account. Carigin and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Carigin does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.Carigin.com only with permission of a parent or guardian.
You will not provide any false personal information on Carigin, or create an account for anyone other than yourself without permission. You will not create more than one personal account. If we disable your account, you will not create another without our permission. You will not use your personal profile primarily for your own commercial gain, and will use a business profile for such purposes. You will not use carigin if you are a convicted sex offender. You will keep your contact information accurate and up-to-date. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Third Party Accounts
By connecting your Carigin account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
Cancellation/Refund Policy
Deposits are refundable under the terms set-out in the Deposit Agreement. Please reference the Deposit Agreement for the terms of refund.
Links to third party sites/Third party services
www.Carigin.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Carigin and Carigin is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Carigin is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Carigin of the site or any association with its operators.
Certain services made available via www.carigin.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.Carigin.com domain, you hereby acknowledge and consent that Carigin may share such information and data with any third party with whom Carigin has a contractual relationship to provide the requested product, service or functionality on behalf of www.Carigin.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.Carigin.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Carigin that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Carigin or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Carigin content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Carigin and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Carigin or our licensors except as expressly authorized by these Terms.
Copyright Policy
Carigin does not encourage or tolerate copyright infringement. Do not post any materials to the site or provide any materials to us unless you have all necessary rights to do so. It is your responsibility to ensure that you have all necessary rights to Your Content. We reserve the right to remove any content from the Sites at any time without notice or liability. Carigin’s intellectual property policy is to (1) remove material that Carigin believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through a Site, and (2) remove any content posted to the site by “repeat infringers.” Carigin considers a “repeat infringer” to be any user that has uploaded, posted or otherwise provided content to a site and for whom Carigin has received more than two takedown notices/complaints with the provisions of 17 U.S.C. § 512(c) with respect to such content. Carigin has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon Carigin’s own determination.
If you believe that your work has been copied and posted on the site in a way that constitutes copyright infringement, provide our Copyright Agent with a written notification that contains the following information:
A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notice may be sent to our Copyright Agent as follows:
legal@carigin.com
International Users
The Service is controlled, operated and administered by Carigin from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Carigin Content accessed through www.Carigin.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Carigin, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Carigin reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Carigin in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CARIGIN. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CARIGIN. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CARIGIN. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARIGIN. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CARIGIN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
Carigin reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Carigin as a result of this agreement or use of the Site. Carigin’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Carigin’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Carigin with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Carigin with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Carigin with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Carigin reserves the right, in its sole discretion, to change the Terms under which www.Carigin.com is offered. The most current version of the Terms will supersede all previous versions. Carigin encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Carigin welcomes your questions or comments regarding the Terms of Use:
team@carigin.com
