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atspeedimages.com Terms of Use (hereinafter "Terms of Use")


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These Terms of Use are a binding legal agreement ("Agreement") between You and atspeedimages.com, a Delaware LLC, hereafter referred to as "AtSpeed." The term "You" or "Your" refers to the legal person or entity creating an account with AtSpeed or using or viewing the atspeedimages.com site ("AtSpeed Site"), including without limitation, You, the company or entity which You represent together with Your employees, agents, representatives or authorized third parties. The terms and conditions which govern Your use of the AtSpeed Site are as follows:

1. You may use the AtSpeed Site, obtain services and/or purchase images or products from us subject to the terms and conditions set forth herein as well as the policies and guidelines of AtSpeed all of which are considered part of this Agreement, including without limitation the AtSpeed Privacy Policy and the Copyright Policy. The terms, conditions, policies and guidelines set forth herein or incorporated herein by reference are collectively referred to in this Agreement as "Terms and Policies" and may be modified at any time by AtSpeed in its sole and absolute discretion without prior notice, provided however, that AtSpeed will send You an e-mail to the e-mail address that AtSpeed has on record for You to notify you of any modifications to the Terms and Policies. So that AtSpeed can send You notice of any new or modified Terms and Policies, You hereby agree to keep Your account e-mail address current and to notify AtSpeed of any changes to Your email address. If AtSpeed modifies the Terms and Policies or replaces them with new ones and the Terms and Policies are no longer acceptable to You, Your only recourse is to terminate Your use of the AtSpeed Site. However, if You continue to use the AtSpeed Site after the effective date of any modifications to the terms and policies, Your use will constitute acceptance of the terms and policies and You will be bound by the terms and policies, as replaced or modified.

You must be at least eighteen (18) years old and capable of entering a binding contract under applicable law. Upon request of AtSpeed, You shall provide us with verification of Your age, identity and other personal identifiable information.

You may purchase images, photos, books or videos through the AtSpeed Site ("Purchased Images"). All such purchases solely constitute a limited right to use and/or download such Purchased Images for Your own personal use only, provided that under no circumstances shall You (1) create derivative works of such Purchased Images or portions thereof, including without limitation, the creation of any artwork, paintings, videos, movies, postcards, posters, signs, advertisements or marketing materials, (2) use such Purchased Images or portions thereof for any commercial use or activity and (3) sell, offer to sell, copy, distribute, publish, republish, license, market, or make the Purchased Images available to third parties in any form or media. All such activities in items (1)-(3) immediately above are strictly prohibited. All Images downloaded by you through the AtSpeed Site ("Downloaded Images") are watermarked by AtSpeed and the watermarks shall not be cropped, deleted or otherwise modified. Notwithstanding the foregoing, you may negotiate with AtSpeed to obtain Downloaded Images without a watermark on terms and conditions to be mutually agreed upon in a separate writing by contacting AtSpeed at the address set forth in the notices provision in section 12 below.

Downloaded Images may be purchased and accessed at higher resolution if You have an AtSpeed account. Such Downloaded Images will be watermarked with your name and email address, which watermarks shall also not be cropped, deleted or otherwise modified.

Separate commercial or distribution agreements, however, may be negotiated on terms and conditions to be mutually agreed upon in a separate writing for distribution rights, publishing rights, printing rights, creating certain derivative works or rights to remove watermarks. Separate agreements may also be negotiated with photographers and other contributors to post and/or distribute their images, photos, videos, content or information or materials on AtSpeed. All such agreements shall be in writing with terms and conditions to be agreed upon between AtSpeed and such photographers or contributors.

Republishing, copying, scraping, scanning or bulk downloading images, photos, videos, displays or pages found on the AtSpeed Site without the express written permission of AtSpeed is strictly prohibited. Creating a mirrored site or landing page which "mirrors" or resembles the AtSpeed Site is strictly prohibited. Furthermore, scanning image identifiers, photos or videos displayed on the AtSpeed Site and any reverse engineering of the AtSpeed Site are strictly prohibited.

2. You will create a unique password to access Your account and are solely responsible for all activity in Your password protected account. Monies held in Your account shall not accrue any interest. Upon closing an account You must contact AtSpeed to obtain the balance of any monies remaining in the account.

If you fail to so contact us we may charge you annual administrative fees for holding the balance.

Subscription accounts may be purchased as set forth in the AtSpeed Site. Subscriptions will state the number of months or number of years during which You can purchase Downloaded Images and the size of the Downloaded Images.

3. You are solely responsible for any content and information You contribute to AtSpeed, including but not limited to, any photos, content, statements, discussion or information provided to AtSpeed or contained in any of Your websites, e-mails, communications, blogs, web logs, contact lists, reference materials or links in any form or media.

AtSpeed does not verify, guarantee or make any representations or warranties regarding the authenticity of the images displayed or represent or warrant that any vehicle parts shown are original equipment manufactured ("OEM") parts, or that the vehicles depicted have not been modified, changed, repainted or otherwise altered from their original manufactured state. AtSpeed further does not make any representation or warranty regarding the links on its website and is posting them solely for your convenience. AtSpeed does not represent or warrant that it will provide any particular content, or any new content at all. AtSpeed also does not make any representations or warranties that AtSpeed has the necessary authority or licenses to the images it displays, licenses or allows use of hereunder and provides them in their as-is condition.

4. In connection with Your use of the AtSpeed Site You agree that You shall not, and shall not authorize any person to (i) use the AtSpeed Site for fraudulent, misleading, deceptive, unfair or illegal business practices (ii) violate or encourage violation of any laws or regulations (iii) violate the privacy rights or publicity rights of any third party, or (iv) violate the copyright, patents, trademarks or trade secrets of AtSpeed or any third party.

If You provide any images, photos, renditions, information or materials to AtSpeed for its use You represent and warrant that You hold all necessary right, title and interest to any such images, photos, renditions, information or materials. You also represent and warrant that You are not violating and will not violate the intellectual property rights, publicity rights or rights of privacy of any third party or user in connection with such images, photos, renditions, information or materials.

You also represent that You will not use the AtSpeed Site or the Purchased Images or Downloaded Images for any illegal purpose or for any gambling, adult entertainment or adult oriented services and that you will comply with all applicable laws and regulations.

If during Your use of the AtSpeed Site You come into possession of any confidential or proprietary information belonging to AtSpeed, You shall keep that information strictly confidential (except as otherwise required by law).

5. AtSpeed reserves the right, at any time in its sole and absolute discretion, to reject, suspend, cancel or remove Your Account without prior notice to You and for any reason or no reason whatsoever, and AtSpeed, its owners, members, employees, consultants and agents shall have no liability for taking (or not taking) such actions or decisions.

AtSpeed reserves the right to contact You in order to insure or enforce compliance with AtSpeed's Terms and Policies or to take actions as permitted in the Privacy Policy and the Copyright Policy.

6. AtSpeed shall own all rights, title and interest in the atspeedimages.com site, including but not limited to, all pages, images, photos, videos, methods, processes, content, watermarks, formats, designs, and URLs, contained or displayed therein (other than those contributed to the AtSpeed Site by outside third party contributors) together with all inventions, patents, copyrights, trademarks and other intellectual property rights and derivative works and improvements pertaining thereto. No copyrights, patent rights, trademarks or licenses are conferred herein by AtSpeed, either expressly or by implication.

7. IN ADDITION TO ANY OTHER DISCLAIMERS HEREIN, ATSPEED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. ATSPEED DISCLAIMS ANY WARRANTIES REGARDING ANY INFORMATION, ADVICE, IMAGES, PHOTOS OR VIDEOS OBTAINED FROM OR THROUGH THE USE OF THE ATSPEED SITE OR ANY LINKS PROVIDED BY ATSPEED. FURTHERMORE, ATSPEED SHALL NOT BE LIABLE TO YOU FOR THE CONSEQUENCES OF ANY INTERRUPTION OF THE ATSPEED SITE OR ANY ERRORS IN PROVIDING THE SITE CONTENT OR MATERIALS.

(A) UNDER NO CIRCUMSTANCES SHALL ATSPEED, OR ITS MEMBERS, DIRECTORS, OFFICERS, OWNERS, AGENTS, EMPLOYEES, AFFILIATES, SUPPLIERS OR PARTNERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, LOST PROFITS, OR SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ATSPEED SITE OR THE DOWNLOADED IMAGES OR PURCHASED IMAGES OR OUR PRODUCTS OR SERVICES WHETHER THE DAMAGES ARE FORSEEABLE AND WHETHER OR NOT ATSPEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND

(B) WITHOUT LIMITING THE FOREGOING, ATSPEED'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT AND THE ATSPEED SITE OR THE DOWNLOADED IMAGES OR PURCHASED IMAGES OR OUR PRODUCTS OR SERVICES SHALL NOT EXCEED THE GREATER OF (i) THE TOTAL CHARGES ACTUALLY PAID BY YOU TO ATSPEED UNDER THIS AGREEMENT IN THE PREVIOUS SIX (6) MONTHS PRIOR TO THE CLAIM GIVING RISE TO LIABILITY, OR (ii) $100.00.

8. You are responsible for all of Your account transactions.

You warrant that You are authorized to use the PayPal account, credit card, debit card or other payment mechanism used for Your account. By agreeing to any transaction or purchase hereunder identified in Your cart You authorize the amounts stated therein to be charged to Your PayPal account, credit card, debit card or other payment mechanism. Prices, rates, shipping and handling charges charged to You are based upon the prices, rates, shipping and handling charges identified at the time of purchase and are subject to change from time to time without prior notice.

All fraud claims occurring in connection with Your PayPal account, credit card, debit card or other payment mechanism used for Your account are Your responsibility. Account charges are exclusive of taxes. You will be responsible to pay all taxes and governmental charges associated with Your use of the AtSpeed Site or any prints, books, goods or taxable services, if any purchased through the AtSpeed Site.

9. You shall indemnify, defend and hold harmless AtSpeed, its directors, officers, owners, employees, members, agents, affiliates, suppliers and partners from any third party claim or liability (including reasonable legal fees and costs) arising out of or in connection with (i) Your use of the AtSpeed Site or Your use of the Downloaded Images or Purchased Images or our products or services, (ii) Your provision of any content, images, photos, renditions, information or materials (iii) Your breach of any representation or warranty, (iv) Your breach of this Agreement or any of its Terms or Policies, or (v) any infringement of intellectual property rights related to Your use of the AtSpeed Site or any Downloded Images or Purchased Images or our products or services.

10. Your access to or use of the AtSpeed Site and this Agreement may be terminated by AtSpeed, in it's sole and absolute discretion, at any time for any reason or no reason, with or without prior notice, without liability to AtSpeed, its owners, members, employees, consultants and agents. Notwithstanding the foregoing or anything to the contrary herein, obligations and liabilities which arose prior to termination shall survive the termination of Your access to or use of the AtSpeed Site or this Agreement.

11. You consent to the use of electronic means to complete this Agreement and to provide You with electronic or e-mail notices related to this Agreement. You also consent to the use of electronic records to store information related to this Agreement and Your use of the AtSpeed Site.

12. Any notices to AtSpeed must be sent to AtSpeed at: atspeedimages.com, LLC, 29217 Arnold Dr., Sonoma, CA, 95476, USA via First Class mail Return Receipt and are deemed given only upon signed receipt.

13. Under no circumstances shall AtSpeed, its agents, owners, employees, affiliates, suppliers and partners be liable for any delay or failure in performance of AtSpeed or the AtSpeed Site resulting directly or indirectly from forces, causes or matters beyond its reasonable control.

14. Performance under this Agreement shall be deemed to take place in the State of California. This Agreement shall be governed by the laws of the State of California, excluding its conflicts of laws principles. Any disputes arising from this Agreement shall be adjudicated in the courts of the City of Sonoma, Sonoma County, California. You may not assign this Agreement or any of Your rights herein, and any attempt to do so is void. Any amendments or modifications by You must be in writing and signed by both You and AtSpeed to be valid. If any provision is invalid or unenforceable with respect to a party, the remainder of the Agreement, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. No waivers shall occur unless in writing. The waiver of any default shall not be a waiver of any subsequent default. Terms and conditions of this Agreement, and Terms and Policies will survive the termination or cancellation of this Agreement, except where the express language or the sense or context would reasonably suggest otherwise. This Agreement together with the Terms and Policies constitute the entire agreement between You and AtSpeed with respect to the subject matter contained herein.


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