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Dealer Scene Terms and Conditions
Last updated: June 28, 2005
Welcome to Dealer Scene! This agreement describes the legal
framework in which you participate on Dealer Scene, what your rights and
responsibilities are and what you can expect from us.
Content. You retain all ownership rights to content you
publish on Dealer Scene (your "Content"). However, we can publish all or teaser
portions of your Content online and offline and permit others to do the same.
You cannot edit or remove Content from Dealer Scene at any time. We ask that
you refer or provide links to Dealer Scene if you choose to republish
your Content elsewhere.
If you believe content on Dealer Scene infringes your copyright, please
make sure your notice meets the
Digital Millennium Copyright Act requirements.
Detailed Site Usage Policy
When submitting content to Dealer Scene whether in the form
of reviews, comments, or ratings the following are inappropriate:
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Violating the intellectual property rights of a third party
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Defaming a third party
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Submitting information that violates someone's trademark rights
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Affecting the way Dealer Scene displays its pages, such as by framing Dealer
Scene or placing pop-up windows over its pages
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Using any automated means to access the site or collect any information from
the site
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Using ActiveX, Java, cookies, web bugs or other tracking technologies (such as
HumanClick or Sitemeter)
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Collecting any personal information about users through Dealer Scene.
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Using emails tools (such as "Email this page") to send spam
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Publishing or using files or processes that pose a threat to the proper
technical operation of the system or to the security of other members
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Provide any content that contains viruses, Trojan horses, worms, time bombs,
cancelbots or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or personal information
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Customizing Dealer Scene in a way that adversely affects the display of any
advertising or promotional links on the site
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Requesting search engines to crawl or index any portion of Dealer Scene
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Modifying or creating variant versions of Dealer Scene's logos or other
trademarks
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Illegal activity under the laws of Virginia and the United States
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Speaking on behalf of Dealer Scene, describing yourself as a Dealer
Scene employee or using Dealer Scene letterhead
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Posting material containing profanity, vulgarity, hate speech or threats of
violence
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Including contact or personal information about another individual without
their permission
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Including any pornographic content (This includes any sexually explicit
pictures.)
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Submitting content on a dealership that is reasonably likely to offend a
person looking for information on that dealership
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Publishing the same review more than once. A review may only be published more
than once if the review compares two products and there is at least a 100 word
difference between the two reviews.
Other Rules. You agree to comply with our Site Usage Policies
which are incorporated into this agreement, and with all laws and
regulations applicable to your access and use of Dealer Scene and publishing
your Content. Unless we explicitly say otherwise, you may not use any automated
means (such as scripts) to access Dealer Scene or collect information from it.
Indemnity. By choosing to use Dealer Scene, you agree to
indemnify Dealer Scene, DANKEN, Inc., its officers, agents, partners, and
employees from any and all claims or damage, including reasonable attorney's
fees, made by third parties due to, or arising out of Content you choose to
submit, post or transmit through Dealer Scene; or if your use of or connection
to Dealer Scene; your violation of the User Agreement; or, your violation of
any rights of another.
Liability Limits. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR
ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER
ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH Dealer
Scene, DANKEN, INC., OUR SERVICES OR THIS AGREEMENT. WE AND OUR SUPPLIERS SHALL
NOT BE LIABLE TO YOU.
Governing Law/Arbitration. This agreement is governed
by Virginia law as such laws apply to agreements entered into and to be
performed entirely within Virginia between Virginia residents. Any
claim arising out of or relating to this agreement or Dealer Scene shall be
settled by binding arbitration in Virginia Beach, VA in accordance
with the American Arbitration Association's commercial arbitration rules. Any
such claim shall be arbitrated on an individual basis, not consolidated with
another party's claim. Each of us may conduct discovery per Virginia code.
Judgment on the arbitration award may be entered into any court with
jurisdiction, and the arbitrator's award shall not be appealable or reviewable
except as permitted by Virginia law. However, (a) each of us may seek
interim relief from a Virginia Beach, VA court to protect the party's rights or
property while arbitration is pending, and (b) at our option, we may bypass
arbitration in cases of fraud or other crimes against us, interference with our
technical operations or violations of our rights or property.
Integration. This agreement and our
privacy statement (which is part of
this agreement) constitute the entire agreement, and supersede any other
agreements or understandings (oral or written), between you and us with respect
to their subject matters. We can amend this agreement by displaying amended
terms on Dealer Scene, which take effect when we post them.
General. Dealer Scene AND ITS SERVICES ARE PROVIDED "AS IS."
We do not promise or warrant that any aspect of the site or system will work
properly or will be continuously available. This agreement does not create any
agency, partnership, JV, employment or franchise relationship. Because you are
not an employee, minimum wage laws do not apply to your relationship with
Dealer Scene. Any unenforceable portion of this agreement shall be enforced to
the maximum extent possible and the remaining portions shall be given full
effect. Our failure to act in a particular circumstance does not waive our
right to act with respect to that or other circumstances. We shall be excused
for any problem due to a factor beyond our control. Our suppliers are
third-party beneficiaries of this agreement.
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