Terms of Service
First, a word….
Carpokes exists because its founders believe that Porsche
owners and fans deserve a place on the internet where they can escape from the
daily grind and just enjoy the camaraderie and technical help of a friendly
Porsche community. Racism, sexism,
bigotry, illegal content, and hate speech is strictly prohibited. Politics and religion are important topics,
but we kindly ask that you discuss them elsewhere. Carpokes is a place to get away from all
that, and a place where everyone can unite and bond over a common interest –
Porsches!
Please treat your fellow Carpokeans
with the kindness and civility they deserve.
Now, the technical part….
By accessing this site, you acknowledge that you have read
and understood, and are agreeing to the following:
www.carpokes.com and related emails and messages
(collectively, the “Website”) are provided by Amalgamated Tom LLC, a California
Limited Liability Company (the “Provider”).
The Website allows for its users (“Carpokeans”)
to post comments, images, files, video, links, music, and other data on the
site (User-Generated Content). The
Provider is not responsible for any User-Generated Content, and it does not
necessarily reflect the views of the Provider.
By registering an account, each User represents and warrants that they
are at least 13 years old.
By submitting User-Generated Content, the Carpokean
hereby (1) represents and warrants that he/she/they have all necessary rights
to do so, free of any claims of intellectual property infringement or other
claims, (2) grants a royalty-free, perpetual, fully paid-up, non-exclusive
license to the Provider to make, use, sell, copy, distribute, modify, and
otherwise exploit the User-Generated Content, and (3) agrees not to submit
anything that is obscene, lewd, lascivious, filthy, excessively violent,
harassing, racist, bigoted, prejudice, wholly unrelated to the automotive theme
of the site, or otherwise objectionable.
Submissions that are primarily political, religious, sexual or medical
in nature are not consistent with the purpose and theme of the Website and are
subject to removal at the Provider’s sole discretion.
The Provider may remove, copy, distribute or modify any
User-Generated Content submitted at any time, with or without cause or notice.
Requests for User-Generated Content to be removed, modified, or otherwise
moderated will be undertaken only at the Provider’s discretion. Any and all
moderation of User-Generated Content is done at the Provider’s sole
discretion. No such moderation in one
instance shall create any obligation to moderate in another instance. Carpokean user
accounts may be terminated or limited at any time for any or no reason, solely
in the discretion of the Provider.
Each Carpokean hereby represents
and warrants that, to the best of his/her/their knowledge, after reasonable
investigation, the email address they use to register their account is a valid
and functional email account that said Carpokean
rightfully controls and has the lawful right to use for this purpose. Unless
otherwise provided by any valid opt-out election or express written agreement
to the contrary, each Carpokean hereby consents to
email messages being sent to their registered email address from Carpokes, the
Provider, and its service providers and affiliates.
Any and all 3D-print files (e.g. STL files) available for
download on the Website are provided under and are subject to the Creative
Commons Attribution Non-Commercial No-Derivatives 4.0 International Public
License (as may be updated from time-to-time), a copy of which may be
found at this link and the text of which is hereby
incorporated into these terms as if set forth fully herein.
Other than 3D-printing files, any and all
documents, files, or other data available for download from the Website
(“Documents”) are solely for the individual, non-commercial use of the Carpokean who downloaded it. Documents may not be copied, forwarded,
distributed, translated, or otherwise reproduced, in whole or part, without the
express written consent of the Provider, and all such acts are strictly
prohibited. Documents covered by copyright protection are licensed on a
non-exclusive basis to the Carpokean who downloaded
them, solely for that Carpokean’s personal,
non-commercial use, with all other rights reserved. Documents are offered with no representations
or warranties regarding their accuracy, completeness, reliability, safety,
effectiveness or any other matter whatsoever.
To the fullest extent permitted by law, the Provider and its members and
agents shall have no liability whatsoever, under any theory of law, arising out
of any Documents, and anyone using or accessing any Documents assumes any and all associated risks.
Free and promotional items offered by the Provider (including
free items for which shipping costs are collected from the recipient, collectively,
“Freebies”) are supplied with no representations or warranties of any kind, and
to the fullest extent permissible by law, the Provider shall have no liability
whatsoever to anyone with respect to Freebies.
To the extent the foregoing is unenforceable under any applicable law,
damages shall be strictly limited to the amount of shipping costs actually paid
to the Provider. Some Freebies are based
on intellectual property that is subject to licensing terms that prohibit
commercial exploitation. Accordingly,
all Freebies are provided solely for the benefit of their intended recipient, and
solely for that recipient’s non-commercial, personal use; and by accepting or
possessing a Freebie, the recipient hereby agrees not to commercially exploit any
Freebie, nor allow others to do so, including, without limitation, selling any
Freebie for profit, or allowing or enabling others to sell, replicate, reproduce,
rent, use, or otherwise exploit a Freebie for commercial purposes.
Provider is not affiliated in any way with Dr.-Ing. h.c. F. Porsche AG, Porsche Cars North America, Inc. or any
of their respective affiliates. Provider
provides a platform upon which certain Carpokeans and
third-party vendors may offer their goods and services. Provider assumes no responsibility for any
such transactions; and by offering any item or service for sale on the Website,
such vendor or Carpokean agrees to indemnify, defend and hold harmless the Provider for any and all claims
arising out of such offerings.
In the event of a dispute arising out of a Carpokian’s use of the Website, all disputes will be
resolved in accordance with California law, and all Carpokean’s
hereby consent and agree to the exclusive jurisdiction of the Federal and State
courts located in Santa Clara County, California.
These terms
may be changed at any time without notice.