Terms of Use

Effective August 18, 2008

Motortopia.com is an online social networking service. Motortopia.com permits individuals to use the system to create individual profiles and then connect, or network, with others; with the primary goal of allowing people and groups (organizations, clubs, and informal groups) to connect and communicate online. Motortopia.com is operated by Motortopia, Inc. By using Motortopia.com ("the service") you agree to be bound by these Terms of Use.

These Terms of Use set forth the terms for your use of the Motortopia.com service. Motortopia.com may modify these Terms of Use from time to time and such modification shall be effective upon posting by Motortopia.com on Motortopia.com. You agree to be bound to any changes to this Agreement when you use the Motortopia.com system after any such modification is posted. These Terms of Service include the Motortopia.com policy for acceptable use and content posted on Motortopia.com, your rights, obligations and restrictions regarding your use of Motortopia.com. In addition, the Terms of Use also include the Motortopia.com Privacy Policy.

Please choose carefully the information you post on Motortopia.com and that you provide to other members. Your personal Motortopia.com profile may not include the following items: telephone numbers, and street addresses. If you request that Motortopia.com provide you group services (including a club, enthusiast, or informal group) you will be asked for mailing address and phone number, and these will be displayed on the group or enthusiast page. Any photographs posted by you may not contain nudity, violence, or offensive subject matter. What is offensive will be solely determined by Motortopia.com. Information provided by other Motortopia.com members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and Motortopia.com assumes no responsibility or liability for this material.

Motortopia.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Motortopia.com system at any time, for any or no reason, with or without prior notice, and without liability.

By participating in any offline Motortopia.com event, you agree to release and hold Motortopia.com harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline Motortopia.com event or any reliance by you on any information included in Motortopia.com. Further, you agree that any damage caused by material being removed from Motortopia.com is waived and you have no cause or course of action against Motortopia, Inc. and any such removal or deletion of material.

Eligibility. Participation in Motortopia.com and use of the system is void where prohibited. By using Motortopia.com and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent, warrant, and agree that your use of the Motortopia.com shall not violate any applicable law or regulation. Your profile may be deleted without warning or permission from you, for any reason and without notice from Motortopia.com. Your participation on Motortopia.com and use of the system is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all content published or displayed through your account, including any email messages, and for your interactions with other who use Motortopia.com.

Term/Fees. You may terminate your participation in Motortopia.com at any time, for any reason by using the “Contact Us” link at the bottom of any page on Motortopia.com. Motortopia.com may terminate your profile and your use of the Motortopia.com service for any reason, effective upon sending notice to you at the email address you provide to Motortopia.com. Use of Motortopia.com is free, but you acknowledge that Motortopia.com reserves the right to charge for the use of Motortopia.com in the future upon terms and conditions, which may be posted and communicated by Motortopia.com. If Motortopia.com charges for the service in the future, you will be notified and offered an opportunity to discontinue use of the service for a reasonable period of time, before any charges apply to continued use of the service.

Non-Commercial Use. Motortopia.com is for the personal use of participants only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Motortopia.com. Illegal and/or unauthorized use of Motortopia.com, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking of Motortopia.com is not permitted and will be investigated and reported to appropriate law enforcement agencies. Appropriate legal action will be taken by Motortopia.com for any illegal or unauthorized use of Motortopia.com.

Proprietary Rights in Content on Motortopia.com. Motortopia.com owns and retains all proprietary rights in Motortopia.com, the services on Motortopia.com, and all content posted on Motortopia.com. Motortopia.com contains copyrighted material, trademarks, and other proprietary information of Motortopia.com and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Content Posted on Motortopia.com. You understand and agree that Motortopia.com may review and delete any content; including photos, profiles, messages, forum posts, blog posts or any other content of whatever nature posted on Motortopia.com (collectively, "Content") that in the sole judgment of Motortopia.com violate these terms of use which may be offensive, illegal or violate the rights, harm, or threaten the safety of any participant in Motortopia.com. You are solely responsible for the Content that you publish or display (hereinafter, "post") on Motortopia.com or any material or information that you transmit to others who use Motortopia.com. By posting any content to the public areas of Motortopia.com, you hereby grant to Motortopia.com the non-exclusive, fully paid, worldwide license to use, publicly perform and display such content on Motortopia.com or other forums, publications, or venues as determined by Motortopia.com. Motortopia.com will discontinue this licensed use within a commercially reasonable period after such Content is removed from Motortopia.com. You represent and warrant that: (i) you own the content posted by you on Motortopia.com or otherwise have the right to grant the license set forth in this section, and (ii) your content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any content you post on Motortopia.com. Motortopia.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the system and terminating the account of such violators. The following is a partial list of the kind of content that is illegal or prohibited on Motortopia.com. Prohibited content includes, but is not limited to content that: i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; ii. harasses or advocates harassment of another person; iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); vii. provides material that exploits anyone in a sexual or violent manner, or solicits personal information from anyone under 18; viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes. e. You must use the Motortopia.com system in a manner consistent with any and all applicable laws and regulations. f. You may not include in your profile any telephone numbers, street addresses, or email addresses. g. You may not engage in advertising to, or solicitation of, anyone in Motortopia.com to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to others who use Motortopia.com. Although Motortopia.com cannot monitor the conduct of anyone off Motortopia.com, it is also a violation of these terms of use to use any information obtained from Motortopia.com in order to harass, abuse, or harm another pers on , or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. h. You may not cover or obscure the banner advertisements on your personal profile page, or any Motortopia.com page via HTML/CSS or any other means. i. Any automated use of the system, such as using scripts to add friends, is prohibited. j. You may not attempt to impersonate another user or person who is not a member of Motortopia.com. k. You may not copy the content of others posted in Motortopia.com in an illegal manner. l. You may not use the account, username, or password of another participant at any time nor may you disclose your password to any third party or permit any third party to access your account. m. You may not sell or otherwise transfer your profile.

Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Motortopia.com to terminate your participation in Motortopia.com if you repeatedly infringe copyright upon prompt notification to Motortopia.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on Motortopia.com in a way that constitutes copyright infringement, please provide our Copyright Agent at legal@newdigitalgroup.com with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on Motortopia.com; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Motortopia.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Motortopia.com, P.O. Box 83672, Lincoln, NE 68501, or email at legal@newdigitalgroup.com.

Member Disputes. You are solely responsible for your interactions with others on Motortopia.com. Motortopia.com reserves the right, but has no obligation, to monitor disputes between you and others on Motortopia.com.

Event Registration. Motortopia offers a service for clubs and organizations to conduct event registration online and within Motortopia. Motortopia does not charge for this service and does not collect any part of the registration fees. Each club or group using the event registration system agrees that it is solely responsible for the event, for any liability arising from the event, and for any disputes, misunderstandings, or any liability arising from the use of the event registration system. The information gathered by the club for the event registration system is the property of that club or group and will not be provided to any other club or group.

Privacy. Use of Motortopia.com and/or the Service is also governed by our Privacy Policy.

Disclaimers. Motortopia.com is not responsible for any incorrect or inaccurate content posted on Motortopia.com or in connection with the system, whether caused by users of Motortopia.com, Members or by any of the equipment or programming associated with or utilized in the system. Motortopia.com is not responsible for the conduct, whether online or offline, of any participant of Motortopia.com. Motortopia.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. Motortopia.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with Motortopia.com and/or in connection with the Service. Under no circumstances shall Motortopia.com be responsible for any loss or damage, including personal injury or death, resulting from use of Motortopia.com or the Service or from any Content posted on Motortopia.com or transmitted to Members, or any interactions between users of Motortopia.com, whether online or offline. Motortopia.com and the Service are provided "AS-IS" and Motortopia.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Motortopia.com cannot guarantee and does not promise any specific results from use of Motortopia.com and/or the Service.


U.S. Export Controls. The systems and software which operate this site is further subject to United States export controls. No software may be downloaded from Motortopia.com or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Motortopia.com system, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Disputes. If there is any dispute about or involving Motortopia.com, by using Motortopia.com, you agree that any dispute shall be governed by the laws of the State of Nebraska without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Nebraska, City of Lincoln, United States of America.

Indemnity. You agree to indemnify and hold Motortopia.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Motortopia.com in violation of these Terms of Use.

Other. This Agreement is accepted upon your use of Motortopia.com and is further affirmed by you becoming a participant in Motortopia.com. These Terms of Use constitutes the entire agreement between you and Motortopia.com regarding the use of Motortopia.com. The failure of Motortopia.com to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

Please contact us with any questions regarding these Terms of Use.