Terms of service

CarsVibe is a network for car enthusiasts.
Rev your engine here or rave all you want about your favourite cars.

CarsVibe is a network for car enthusiasts. Share your passion for cars. Upload and organize photos and videos of your car or cars you like. Share your experience. See others' cars. We call the services available on the Site, the “Service”.

The CarsVibe Service is provided by TynkTek, Ltd., however, we will refer to our company and Service as “CarsVibe” to keep things simple. Like all online services, we have a Terms of Service (“Terms”). Please read these Terms carefully, and email us at support@carsvibe.com if you have any questions. By accessing or using the CarsVibe Service, you agree to be bound by these Terms and by our Privacy Policy, whether or not you are a registered user of our Service. These Terms apply to all visitors, registered users, and others who access the Service (“Users”).

I. Using CarsVibe

1. Who can use CarsVibe. 
You may use the Service only if you can form a binding contract with CarsVibe, and only in compliance with these Terms and all applicable local, national, and international laws, rules and regulations. Because we respect the CarsVibe community, the Service is not available to any Users previously removed from the Service by CarsVibe.
2. CarsVibe accounts. 
Creating an account with CarsVibe gives you access to the Services. You agree not to use user names that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name at any time and for any reason in our sole discretion.
3. Terminating your account. 
You may terminate your account at any time by sending an email to support@carsvibe.com. We may permanently delete or temporary suspend your User account or access to the Service for any reason, without notice or liability to you, including if in our sole determination you violate any provision of our Acceptable Use Policy or these Terms, or for no reason. Upon termination of your use of the Service, you continue to be bound by I-1 (Terminating your account), 1-6 (Your interactions with other Users), Sections II-2 (How CarsVibe and other users can use your content), II-3 (How long we keep your content), II-5 (Definition of Intellectual Property Rights), III-1 (CarsVibe Content), and VI through X (inclusive) of these Terms. For information about how your User Content will be handled after any termination of your account, please see the “How long we keep your content” section below.
4. Your responsibility for your account. 
When you create your CarsVibe account, you must provide us with accurate and complete information. Please be sure to provide us with up to date contact information for you so we know how to reach you. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are solely responsible for the activity that occurs on your account, and you agree to keep your account login and password secure. You must immediately notify CarsVibe (at support@carsvibe.com) of any compromise of your credentials you become aware of and any unauthorized use of your account.
5. Changes to the Service. 
Here at CarsVibe, we’re always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Service; add features, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.
6. Your interactions with other Users. 
Please keep in mind that you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. CarsVibe will have no liability for your interactions with other Users, or for any User’s action or inaction. Please help to make CarsVibe a positive and respectful community.


II. Sharing Your Content

1. Your content. 
CarsVibe allows you to submit content on the Service, including videos, photos, opinions and how-to guides. Anything that you submit, display, or otherwise make available on our Service, including all Intellectual Property Rights (defined below) in such content, is referred to as “User Content.” You retain all of your rights in all of the User Content you post to our Service.
2. How CarsVibe and other users can use your content. 
Subject to any applicable account settings you select, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify (e.g., re-format), re-arrange, and distribute your User Content on CarsVibe for the purposes of operating and providing the Service(s) to you and to our other Users. Nothing in these Terms shall restrict CarsVibe’s rights under separate licenses to User Content. Please remember that the CarsVibe Service is a public platform, and that other Users may search for, see, use, and/or share any User Content that you make publicly available through the Service.
3. How long we keep your content.
Following termination or deactivation of your account, or if you remove any User Content from your account, CarsVibe may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. 
4. Your responsibility for your content:
4.1. To CarsVibe and our community.
CarsVibe provides a positive place for you to share your passion for cars. To keep it that way, we ask you to agree to the following rules:
a) Be Respectful - CarsVibe is a community of people. We know that individual tastes are personal, but please be respectful in your comments and conversations.

b) Be Authentic - CarsVibe is an expression of your passion for cars. We think being authentic to who you are is more important than getting lots of followers. Being authentic will make CarsVibe a better place long-term.

c) Credit Your Sources - Submittions are the most useful when they have links back to the original source. If you notice that a submittion is not sourced correctly, leave a comment so the user can update the source. Finding the original source is always preferable to a secondary source such as Image Search or a blog entry.

d) Report Objectionable Content - We do not allow nudity, hateful content, or content that encourages people to hurt themselves. If you find content that violates our Terms of Service or Acceptable Use Policy you can submit the content for review by pushing the ”Report“ link.

We must also insist that you only use our Service in a manner that is consistent with the CarsVibe Acceptable Use Policy. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or the CarsVibe Acceptable Use Policy. Please — be a good user on CarsVibe, and always respect our Service and its Users.
4.2. To third parties. 
CarsVibe values and respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post to the Service does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or the CarsVibe Acceptable Use Policy. It is important that you understand that you are in the best position to know if the materials you submit are legally allowed. We therefore ask that you please be careful when deciding whether to make User Content available on our Service.
5. Definition of Intellectual Property Rights. 
When we refer to “Intellectual Property Rights” in these Terms, we mean all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any country, territory or other jurisdiction.


III. CarsVibe Content

1. CarsVibe Content. 
Except for User Content, the Service itself, all content and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter (“CarsVibe Content”) are the property of CarsVibe and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the CarsVibe Content without our permission.
2. Our license to you. 
Subject to the terms and conditions of these Terms and our Acceptable Usage Policy, we grant you a license to use the Service, including accessing and viewing its Content, for your personal, noncommercial use to allow you to express yourself, discuss public issues, report on issues of public concern, engage in parody and as expressly permitted by the features of the Service.  CarsVibe may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, CarsVibe reserves all other rights and no other rights are granted by implication or otherwise.


IV. Privacy and Security

CarsVibe care about the privacy and security of its Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your Personally Identifiable Information collected, used, transferred to and processed in Bulgaria. While we work to protect the security of your content and account, CarsVibe cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You acknowledge that you provide your information at your own risk.


V. Third-party Links, Sites and Services

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by CarsVibe. CarsVibe does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Service, you do so at your own risk and you agree that CarsVibe will have no liability arising from your use of or access to any third-party website, service, or content.


VI. Indemnity

You agree to indemnify and hold harmless CarsVibe and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (a) your access to or use of the Services or CarsVibe Content, (b) your User Content, or (c) your breach of any of these Terms.


VII. Disclaimers

The services, including without limitation all content and other subject matter included within the services, are provided on an "as is" and “as available” basis, without warranty of any kind, either express or implied. Without limiting the foregoing, CarsVibe specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement, and any warranties arising out of course of dealing or usage of trade.
CarsVibe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your AND OTHER USERS’ online distribution and publication of your AND THEIR User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.


VIII. Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the services, CarsVibe content, and user content remains with you and you use the services at your own risk. You agree that neither CarsVibe nor any other party involved in creating, producing, or delivering the services will be liable for any incidental, special, exemplary, punitive or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, arising out of or related to these terms or from the services, or from the use of or inability to use the services, user content, CarsVibe content, or from any communications, interactions or meetings with other users of the services or other persons with whom you communicate or interact as a result of your use of the services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not CarsVibe has been informed of the possibility of such damage.

The Service is controlled and operated from its facilities in Bulgaria. CarsVibe makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services.


IX. Arbitration and Governing Law

For any dispute you have with CarsVibe, you agree to first contact us at support@carsvibe.com and attempt to resolve the dispute with us informally. In the unlikely event that CarsVibe has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Bulgarian Law.


X. General Terms

1. Feedback you provide. 
We value hearing from our Users, and are always interested in learning about ways we can make CarsVibe more awesome. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place CarsVibe under any fiduciary or other obligation; and we are free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to you. By acceptance of your submission, CarsVibe does not waive any rights to use similar or related Feedback previously known to CarsVibe, or developed by its employees, or obtained from sources other than you.
2. Notification Procedures and changes to these Terms. 
CarsVibe may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, “push” mobile notification, written or hard copy notice, or through posting of such notice on our website, as determined by CarsVibe in our sole discretion. CarsVibe reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms and our Privacy Policy. CarsVibe may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms or to any future Terms of Service, do not use or access (or continue to access) the Service. CarsVibe is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
3. Assignment. 
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CarsVibe without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
4. Entire Agreement.
These Terms, together with any amendments and any additional agreements you may enter into with CarsVibe in connection with the Service, shall constitute the entire agreement between you and CarsVibe concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

Last update: July 14, 2013