1. Website Access
In order to access some features of the Website, you will have to create an account. You are not allowed to use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account Profile (or My Account) page. In addition, you agree to immediately notify Local Motors of any unauthorized use of your password or account or any other breach of security. Local Motors cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Local Motors servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Local Motors grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Local Motors reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
2. The Local Motors Website
The content on the Website, except all User Submissions (as defined below), including without limitation, the text, graphics, and photos created by and for Local Motors, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Local Motors, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Local Motors or as expressly provided herein. Local Motors reserves all rights not expressly granted in and to the Website, Marks and the Content contained therein.
You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
4. User Submissions
The interactive nature of postings on the Website makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by Local Motors users, and any text, data, files, avatars, designs, competition submissions, Checkup submissions, photographs, images, likenesses, video, music, sound, voice recordings, chat, messages, files, biographical information or other material provided to us by users (all of which are referred to as "User Submissions") are not endorsed by Local Motors, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.
You shall be solely responsible for your own User Submission and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions with the exception of rights granted to Local Motors under specific terms governing Competition Design Submissions (which terms are addressed in Section 7). However, by submitting the User Submissions to the Website, you hereby grant Local Motors a worldwide, non-exclusive, royalty-free, sublicensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Local Motors' (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.
If you choose to post User Submissions on Local Motors Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of the Website reflects your respect for the legal rights of users connected with Local Motors. You understand that Local Motors does not guarantee any confidentiality with respect to any User Submission.
Local Motors expressly disclaims any and all liability in connection with User Submissions. Local Motors reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. Local Motors also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.
The trademarks, service marks, trade names, designs, symbols, and other designations and combinations of the preceding items, used to identify or distinguish Local Motors, its business, community and/or products, including without limitation all logos and all product and vehicle designs and features (collectively, the "Trademarks") displayed on the Site constitute the valuable intellectual property of Local Motors and its licensors and, in certain instances, the registered and unregistered trademarks of Local Motors and its licensors. You agree that you will not refer to or attribute any information to Local Motors or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Local Motors or its licensors.
6. Rules of Conduct
The following rules of conduct apply to your use of the Website and to any and all materials you post on the Website, including User Submissions whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of the Website.
You may not, in connection with the Website:
7. Competition Design Submissions
If you are submitting a Competition Design, you agree to additional Design Competition Rules (also referred to as "Design Submission Terms and Conditions") included in the Website.
8. Notices of Infringement and Takedown by Local Motors
Local Motors has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (currently located at http://lcweb.loc.gov/copyright/legislation/dmca.pdf) ("DMCA"). The address of Local Motors' Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
It is Local Motors' policy to (a) block access to or remove any content from the Website that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users; and (b) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements
If you are a copyright owner or an agent thereof and believe that any User Submissions or any other content on the Website infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Local Motors' policy:
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider believes that the content that was removed or to which access was disabled is either not infringing, or the content provider believes that it has the right to post and use such content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, Local Motors may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Local Motors' discretion.
Please contact Local Motors' Designated Agent to Receive Notification of Claimed Infringement at the following address:
Copyright Infringement Local Motors, Inc. 1576B S. Nelson Rd Chandler AZ 85226 Phone: 617-314-3333 Fax: 617-977-8600 Email: email@example.com
9. Modifications to the Website
Local Motors reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Local Motors shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
12. Limitation of Liability
IN NO EVENT SHALL LOCAL MOTORS, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THE WEBSITE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR ACCESS TO AND USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT LOCAL MOTORS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Local Motors from its facilities in the United States of America. Local Motors makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
16. Copyright Notice
The Local Motors Website is © 2007-2012 Local Motors, Inc. - All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Local Motors.
18. Governing Law; Jurisdiction
These Terms are governed by the laws of the State of Arizona without reference to the principles of conflicts of laws thereof.