Effective Date: May 19, 2021
BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE AND THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. WE RESERVE THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THESE TERMS IN OUR SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
The Website and the Services are intended only for users in the United States of America. If you access this website from outside of the United States, you are responsible for compliance with local laws.
1. Purpose and Access. Our Website and Services serve to connect classic car enthusiasts. In order to fully use the services on our Website, you are agreeing to use the Website for lawful purpose and comply with the community guidelines set forth herein.
You may use the Website only if you can legally form a binding contract, and only in compliance with these Terms and all applicable laws. The Website and the Services are intended only for users over the age of 18. Anyone under 18 must have a parent or guardian’s permission to use the Services, and such parent or guardian is responsible for any actions of the user. Any use or access by anyone under the age of 13 is not allowed.
You must register in order to access the Services including submitting, posting and receiving content. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. We have the right to refuse you access to the Services or terminate or suspend your account at any time if we have reason to suspect or believe that you have provided incomplete or inaccurate information.
2. Password. A password is required to log into and use the Services. It is your responsibility to keep your password secure and not share it with others. We are not responsible for the actions of any individuals who misuse or misappropriate your identity or other assets using your username and password or any other damages resulting from an unauthorized use of your account. Please notify us immediately if your account has been breached or compromised or used in any unauthorized manner.
3. Grant of Rights. The Website and the Services are the proprietary information of Mozaic. Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services. Your ability to share content on the Website does not transfer any right, title or interest in or to such content to you.
4. Restrictions on Use. You agree to access and use this site for purposes expressly permitted herein. As a condition of your use, you agree and warrant to us that you will not use the Website or Services for any purpose that is unlawful or prohibited by these Terms. We reserve the right in our sole discretion to disable or suspend your account, terminate your account and access, remove your content, and take any other lawful acts if you violate this section.
Some prohibited uses include:
- Downloading any content from the Website (other than as provided herein) without our written permission.
- Advertising or soliciting, directly or indirectly, including by posting links or sending messages to any other user in order to engage in commercial activity, multi-level marketing, contests or other similar activity.
- Using information obtained from the Service in order to contact, advertise to, solicit, or sell products or services to any user without their prior explicit consent.
- Using the services to transmit junk or spam mail.
- Using the Website or Services in any manner which could disable, overburden, damage, or impair the Website, disrupt the Services, or interfere with anyone’s use and enjoyment of the Website. This is including but not limited to introducing viruses, worms, harmful code and/or Trojan horses or any other code, files or programs designed to interrupt, destroy or limit the functionality of computer software or hardware.
- Displaying or posting material that is pornographic or explicitly sexual, illegal, related to illegal drugs, criminal activity, or sex trafficking, or relating to pirating computer programs or making or using weapons.
- Displaying or posting materials or content that is grossly offensive including, but not limited to, bigoted, racist, hateful, abusive, profane, obscene, lewd, violent or otherwise objectionable in our discretion.
- Advocating, encouraging, or promoting violence against any person, business, government, organization, group or otherwise or providing any information or assistance to further carry out such violence.
- Obtaining password, account or private information from another user of the Service or disclosing any personally identifiable or private information without consent.
- Marketing, linking, or in any way providing content that is exploiting children under 18 years of age or in any way disclosing any information about children under 18 without the consent of a parent or guardian.
- Posting or sharing content that is libelous, defamatory, scandalous, threatening or harassing.
- Using any robot, spider, scraper or other automated means to access the Website for any purpose.
- Using the Website or Services in a manner that imposes, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure or interfering or attempting to interfere with the proper working of the Website or any activities conducted on the Website.
- Bypassing any measures we may use to prevent or restrict access to the Website.
- Impersonating or attempting to impersonate another user or person.
- Violating any laws (including but not limited to intellectual property laws).
We reserve the right to suspend, terminate or otherwise disable your access to the Website, immediately and without giving any notice to you and without paying any compensation to you, at any time, for no reason or for any reason whatsoever, including but not limited to, if we believe in our sole discretion that you are not in compliance with all of the provisions of these Terms.
We also reserve the right to disclose any information as necessary to satisfy any legal, regulatory or law enforcement request with respect to your use of the Services or your content.
5. Communications. The Website contains communication tools such as forums, posting walls, internal chat messaging, groups and other functionality designed to allow you to communicate with other users. You agree to use these communication tools only to post, send and receive messages and content that are proper and comport with Section 4 above. You are solely responsible for the content of your communications and acknowledge and agree that we are not responsible for anything that you post, submit or write on or through our Website.
6. Your Content. You can post content including photos, comments, links, and any other materials pursuant to these Terms. Anything that you post is “User Content” in which you retain all rights and are solely responsible for. You hereby grant to us and our other users a non-exclusive, royalty free, transferable, sublicenseable license to use, store, display, transmit, reproduce, save, modify, create derivative works, perform, and distribute your User Content on the Website and through the Services for the purpose of operating, using, and running the Service and all related and ancillary uses in any form and media.
Your customer settings will dictate the way that such information may be made public and to whom. For example, you can share posts with everyone, all users, your connections or just yourself. Do not provide any User Content that you do not intend to be shared or made public. All information that you reveal is at your own risk, and we encourage you to use caution.
We reserve the right to remove or modify any User Content or change the way it is displayed, accessed, presented, or used on the Website for any or no reason, including, but not limited to for a violation of these Terms.
If you post content on our Website that you are not the owner of, you must have a valid license to so post or share. By posting or sharing, you are representing and warranting that you have such right and the right to grant to us a non-exclusive, royalty-free, transferable, sublicenseable license to use, store, display, transmit, perform, reproduce, distribute, modify, save, and create derivative works of. Do not post or provide any User Content that you do not have the right to publish or that is illegal, infringing or otherwise tortious. You are solely responsible for the consequences of posting or sharing User Content.
Following termination or deactivation of your account, or if you remove any User Content from the Website, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. We and our users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through the Services.
If you submit feedback directly to us about our Website or Services, we can use such feedback in any way we see fit without any compensation or credit due to you, and you waive all rights in and to such feedback.
7. Other Content. Other than User Content, the Website contains content developed or shared by other users as well as our content. Member content belongs to the user who posted the content and is stored on our servers and displayed at the direction of the user providing such content and pursuant to their settings. You do not have any rights in relation to other users’ content, and you may only use other users’ information for the lawful and intended purposes in using our Website and the Services. You may not use other users’ information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse other users’ information.
All other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights in favor of Mozaic. All right, title and interest in and to our content remains with us at all times.
8. Links. The Website may contain hyperlinks to non-Mozaic websites. We are not responsible for the content or availability of any linked website. We have no control over the content of any independent websites accessed from the Website. We are not responsible or liable for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you access any third party website, service, or content from our Website, you do so at your own risk and you agree that we have no liability arising from your use of or access to any third party website, service, or content.
9. No Implied Endorsements. In no event shall any link or other reference to any third party or third party content, product or service be construed as an approval or endorsement by Mozaic of that third party or of any content, product or service provided by a third party. Links to third party sites are not to be construed as endorsements, sponsorships or affiliations with us.
10. Indemnification. You hereby agree to defend, indemnify and hold harmless Mozaic, its owners, officers, directors, employees, agents, successors and assignees, against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that: (i) arises from any alleged breach of the Terms; (ii) arises from any content or messages you submit or distribute using the Services; or (iii) otherwise arises from or relates to your use of the Services. In addition, you acknowledge and agree that we have the right to seek damages when you use the Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with these Terms, and that such damages may include, without limitation, direct, indirect, special, incidental and consequential damages.
11. Disclaimer. USE OF THE SERVICES IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
We do not assume any responsibility for errors or omissions that may appear on our Website. We also do not make any guarantees that our Website will be available and accessible at all times. We also do not guarantee that any portion of our Website or any Service will be available, and we retain the right to modify or discontinue a Service at any time.
We take no responsibility and assume no liability for any content that you are any other person or third party posts or sends using our Service. We also take no responsibility for any activities that occur as a result of our Services, for example, events, meetups, car shows etc. We do not endorse or have any liability for anything related to or that happens at such an event.
12. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL MOZAIC, ITS OWNERS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, DATA USE, GOODWILL OR OTHER INTANGIBLE LOSSES, EVEN IF WE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, WE ARE FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF MOZAIC TO YOU ARISING IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
13. Notice and Take Down Procedures; Copyright Agent. We respect the intellectual property rights of others. Pursuant to 17 USC § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), we have procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA. If you believe your copyrights are being infringed, you may file a notification of such infringement with the following Designated Agent:
11743 Chesterdale Road Cincinnati, Ohio 45246
Alternate Names: The Cruise-In or www.thecruise-in.com
Designated DMCA Agent:
11743 Chesterdale Road Cincinnati, Ohio 45246
To be effective, your notification of claimed infringement must be in writing, provided to the Designated Agent and include substantially the following information:
- Identification of the copyrighted work you claim to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Site.
- Identification of the material that you claim to be infringing and information reasonably sufficient to permit us to locate the material, such as its URL.
- Your name, address, telephone number, and if available, email address.
- A statement that you have a good faith belief that the complained of use of the material is not authorized by the copyright owner, its agent or the law.
- A statement that the information that you have supplied in the notification is accurate, and indicating under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
- A physical or electronic signature of the copyright owner or authorized representative.
Any notification of a claimed infringement that fails to substantially comply with the above provisions will not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
Please note that we will terminate, in appropriate circumstances, the account of any user who repeatedly submits infringing material on the Website.
Please also note that the information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and sending us such notification constitutes your consent to share this information with the alleged infringer.
Please also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us, the alleged infringer, the copyright owner or any authorized licensee of the copyright owner as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
14. Intellectual Property. “The Cruise-In™” is an unregistered trademark of Mozaic, and you shall not have any rights to use such trademark other than in connection with your use of the Services. You shall not infringe on our intellectual property or the intellectual property of any third party. We may, in appropriate circumstances and in our discretion, remove or disable access to content that we believe may infringe on the intellectual property rights of others.
15. Governing Law; Dispute Resolution. These Terms shall be governed by the laws of the State of Ohio, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Terms of Service must be brought in the state or federal courts located in Cincinnati, Ohio.
16. Assignment. You shall not assign, transfer, or convey these Terms without our prior written consent.
17. Miscellaneous. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. Our failure to exercise or enforce any provision hereof shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches. You agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under these Terms or existing at law or equity shall be considered a waiver of such right or remedy. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever. Sections 4, 6, 10-13 and 15-17 shall survive the termination of these Terms and your account for any reason.
Any notice required to us shall be given at: [email protected]