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Terms of Use ("Terms")

 

Last updated: December 4, 2017

 

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the silvercarpublishing.com website and the mobile application (the "Site") and its content (the “Content”) operated

by Silver Car Publishing LLC (“Silver Car Publishing”, “Company”, "us", "we", or "our") and the services that

the Company offers (the "Service").

 

Your access to and use of the Site or Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access our Site or use the Service.

 

By accessing and using the Site or the Service you agree to be bound by these Terms. If you disagree with any

part of the terms then you should not access the Site or the Service.

 

By accessing the Site, you agree that you will not:

 

  • Use the Site in violation of these Terms of Use

  • Copy, modify, plagiarise or create a derivative work from or allow any third party to do so.

  • Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in, or make available

         to a third party the Content, Service or any intellectual property belonging to the Company.

  • Use or launch any automated system, including without limitation, any technology

        that can access the Site in an automated manner;

  • Use the Site in any manner that damages, disables, overburdens, or impairs the Site or interferes with

         any other party’s enjoyment of the Site;

  • Mirror or frame the Site or any part of it on any other website or web page

  • Attempt to gain unauthorized access to the Site;

  • Access the Site by any means other than through the interface provided by the

        Company for use in accessing the Site;

  • Use the Site for any purpose or in any manner that is prohibited by law or by these Terms.

 

Any unauthorized use of the Site, Content or Service may violate patent, copyright, trademark and other laws.

Copyrights and Trademarks

 

The Site is based upon proprietary Company works and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of the Company or its licensors (if any). The Company owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. The Company logos, and other marks used by the Company from time to time are trademarks and the property of the Company. The appearance, layout, color scheme, and design of the silvercarpublishing.com site are protected trade dress. Customer does not receive any right or license to use the foregoing. The Company may use and incorporate into the Site or the Company Service any suggestions or other feedback you provide, without payment or condition.

 

Information and Materials You Post or Provide

 

You may post comments on this Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content and you are granting the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Site, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You agree that the Company may publish or otherwise disclose your name in connection with your User Content. You represent that you have all right, title, and interest to materials you post on the Site or provide to us ("Materials"), including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the Materials, and that posting such Materials does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that

you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted Materials is true and your own work or work you are authorized to submit, and that the posted Materials do not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the Materials you supply do not violate these Terms.

 

Links To Other Web Sites

 

Our Service may contain links to third-party web sites or services that are not owned or controlled by us.

We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that    will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Additionally, Such links do not constitute or imply an endorsement, sponsorship, or recommendation by the Company of the third party, the third-party web site, or the information there. If you use the links to the web sites

of our affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those web sites.

 

Downloading Files

The Company cannot and does not guarantee or warrant that files available for downloading through the Site will

be free of infection by software viruses or other harmful computer code, files or programs. 

 

Purchases

 

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked

to supply certain information relevant to your Purchase including, without limitation, your full name, address, credit card information and other

such information relevant to your Purchase.

 

Subscriptions

 

Some parts of the Service may be billed on a subscription basis ("Subscription(s)") in which case you may be billed

in advance on a recurring basis.

 

Disclaimers; Limitations of Liability

 

SILVER CAR PUBLISHING AND ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF

THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SILVER CAR PUBLISHING AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN

THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SILVER CAR PUBLISHING AND ITS AFFILIATES, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, SUPPLIERS, AGENTS, EMPLOYEES OFFICERS OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE 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 FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF THE COMPANY 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, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, SILVER CAR PUBLISHING IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AGENTS, DIRECTORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED

TO ONE HUNDRED DOLLARS. 

 

Indemnification

 

You understand and agree that you are personally responsible for your behavior on

the Site, or the behavior of any other user of your account accessing the Site (collectively “your use”). You agree

to indemnify, defend and hold harmless Silver Car Publishing, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, directors and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of

your use , misuse, or inability to use the Site or the Content, or any violation by you of these Terms.

 

Privacy

 

Your use of the Site is subject to the Company Privacy Policy. Please read it carefully.

General Provisions

 

Entire Agreement/No Waiver/Severability/Headings. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by the Company of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If for whatever reason a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. Headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of this agreement.

 

Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We, therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

 

Enforcement/ Choice of Law/ Choice of Jurisdiction. If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Any and all disputes relating to these Terms, Silver Car Publishing Privacy Policy, your use of the Site, any other Company website or the Content are governed by, and will be interpreted in accordance with, the laws of the United State and the State of Delaware, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Dover, Delaware in the event of any dispute of any kind arising from or relating to these Terms, our Privacy Policy, your

use of the Site, any other Silver Car Publishing web site or the Content.

 

Modifications. The Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use;

(b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. The Company will post any revision to these Terms  to the Site, and the revision will be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions.

You agree that, by continuing to use or access the Site following any revision, you shall abide by any such revision.

 

ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

 

Dated: December 4, 2017

Copyright 2017 Silver Car Publishing LLC   All rights reserved.

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