My Classic Garage

Terms of Use

Last updated: January 7, 2013

The following are terms of a legal agreement (“Agreement”) between you and the owner and operator

of the MyClassicGarage.com website (together with MCG Marketplace and Graphics Garage™, “Site” or the “MyClassicGarage Site”). The MyClassicGarage Site is an online service that provides classic car collectors with the finest array of tools available to track and manage their real and/or virtual classic car collections and connects classic car enthusiasts to each other. This Agreement sets forth the legally binding terms for your use of the MyClassicGarage Site and any other features, content, applications or e-commerce stores offered from time to time by us in connection with this Site (collectively, the “MyClassicGarage Services”). The MyClassicGarage Services are hosted in the U.S.

By accessing, browsing and/or otherwise using the MyClassicGarage Site whether as a "Visitor" (which means that you simply browse this Site) or as a "Member" (which means that you have registered with this Site), you acknowledge that you have read, understand and agree to be bound by the terms and conditions of this Agreement, and to comply with all applicable laws and regulations. The term "User" refers to a Visitor or a Member. If you do not agree to and abide by these terms and conditions and all applicable law and regulations, you may not access, browse and/or use this Site and you are not authorized to use the MyClassicGarage Services.

The terms and conditions of this Agreement apply to your access to and use of this Site, and do not alter the terms of any other agreement you have with us for products, software, services or otherwise, unless otherwise directed by us. If you breach any of these terms and conditions, your authorization to use the MyClassicGarage Site automatically terminates.

We may modify this Agreement from time to time by posting any such modifications on this Site. You agree to be bound to this Agreement as so modified when you use the MyClassicGarage Services after any such posting. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

1. USE

Eligibility.

By using the MyClassicGarage Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older (or, in the case of MCG Marketplace, 18 years of age or older); and (d) your use of the MyClassicGarage Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that any of the foregoing is inaccurate.

Membership.

You may register as a Member at any time by following the instructions on the Member’s Account Setting page. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. We may terminate your Membership at any time, without warning.

Promotions.

You may view the rules to MyClassicGarage promotions here. Promotion Rules

Password.

When you register to become a Member, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Non-Commercial Use by Users.

The MyClassicGarage Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the MyClassicGarage Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the MyClassicGarage Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the MyClassicGarage Services.

Member Disputes.

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.

Privacy.

Use of the MyClassicGarage Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

2. CONTENT YOU POST

Proprietary Rights in Content on Site.

Except to the extent specifically provided for in this Agreement, we do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post on the site or in connection with the MyClassicGarage Services. Except to the extent specifically provided for in this Agreement, after posting Content to the MyClassicGarage Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose.

Member Responsibility.

You are solely responsible for the Content that you post on or through any of the MyClassicGarage Services, and any material or information that you transmit to other Members and for your interactions with other Users. We do not endorse and have no control over Content. Content is not necessarily reviewed by us prior to posting and does not necessarily reflect our opinions or policies. We make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. The MyClassicGarage Services contain Content of Users and other licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the MyClassicGarage Services.

License.

By posting any Content on or through the MyClassicGarage Services, you grant to us a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the MyClassicGarage Services. The license you grant to us is non-exclusive (meaning you are free to license your Content to anyone else in addition to us), fully-paid and royalty-free (meaning that we are not required to pay you for the use on the MyClassicGarage Services of the Content that you post), sublicensable (so that we are able to use its affiliates and subcontractors such as Internet content delivery networks to provide the MyClassicGarage Services), and worldwide (because the Internet and the MyClassicGarage Services are global in reach). This license will terminate at the time you remove your Content from the MyClassicGarage Services. The license does not grant us the right to sell your Content, nor does the license grant us the right to distribute your Content outside of the MyClassicGarage Services.

Content Warranties.

You represent and warrant that: (a) you own the Content posted by you on or through the MyClassicGarage Services or otherwise have the right to grant the license set forth in this section, and (b) the posting of your Content on or through the MyClassicGarage Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the MyClassicGarage Services.

Content Removal.

We may delete any Content that in our sole judgment violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. We assume no responsibility for monitoring the MyClassicGarage Services for inappropriate Content or conduct. If at any time we choose, in our sole discretion, to monitor the MyClassicGarage Services, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

Content/Activity Prohibited.

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the MyClassicGarage Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communication from the MyClassicGarage Services, terminating your Membership, or reporting you to law enforcement authorities. Prohibited Content includes without limitation Content that in our sole discretion:

  • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • solicits personal information from anyone under 18;
  • provides any telephone numbers, street addresses, last names, URLs or email addresses;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • 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;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including without limitation making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • involves commercial activities and/or sales (except via MCG Marketplace in accordance with these Terms of Use) without our prior written consent. Prohibited activities include contests, sweepstakes, barter, advertising, or pyramid schemes;
  • includes a photograph of another person that posted without that person's consent; or
  • uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the MyClassicGarage Site and through your use of the MyClassicGarage Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing offending communication from the MyClassicGarage Services, terminating your Membership, or reporting you to law enforcement authorities. Prohibited activity includes without limitation:

  • criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, “spamming”, “spimming”, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • advertising to, or solicitation of, any User to buy or sell any products or services through the MyClassicGarage Services (except via MCG Marketplace in accordance with these Terms of Use); transmitting “chain letters” or “junk email”; or use of any information obtained from the MyClassicGarage Services in order to contact, advertise to, solicit, or sell to any User without their prior consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the MyClassicGarage Services, you acknowledge that you will have caused us substantial damages, but that the amount of such damages would be extremely difficult to ascertain. As a reasonable estimation of such damages, you agree to pay us $100 for each such unsolicited email or other unsolicited communication you send through the MyClassicGarage Services;
  • covering or obscuring the banner advertisements on your personal profile page, or any MyClassicGarage page via HTML/CSS or any other means;
  • any automated use of the system, such as using scripts to add friends or send comments or messages;
  • interfering with, disrupting, or creating an undue burden on the MyClassicGarage Services or the networks or services connected to the MyClassicGarage Services;
  • attempting to impersonate another Member or person;
  • using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  • selling or otherwise transferring your profile;
  • using any information obtained from the MyClassicGarage Services in order to harass, abuse, or harm another person;
  • except via MCG Marketplace in accordance with these Terms of Use, displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the MyClassicGarage Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
  • using the MyClassicGarage Services in a manner inconsistent with applicable laws and regulations.

3. MCG MARKETPLACE

MCG Marketplace is an online classified advertisement service. MCG Marketplace is only to be used as a listing service for vehicles and/or vehicle parts. Affiliate marketing is expressly prohibited.

Users.

MCG Marketplace ads are available only to private sellers who want to list their vehicles for sale. You may not allow any third party to post content to MCG Marketplace on your behalf. By using MCG Marketplace, you represent that you are not a motor vehicle dealer, that you not listing a vehicle for sale in your capacity as an owner, employee or representative of a dealer.

Content.

Information about any vehicle listed on MCG Marketplace is provided by the seller of that vehicle, not by us. We do not verify or guaranty any information contained in any listing on MCG Marketplace. Responsibility for the information contained in each listing lies with the seller. Users who list a vehicle on MCG Marketplace are solely responsible for all material posted and for the content of all email messages transmitted as a result of the listing. We are not liable for errors or omissions regarding such content.

User Responsibility.

When you offer a vehicle for sale through MCG Marketplace, you must be prepared to sell that vehicle at the price at which, and on the terms on which, you have listed the vehicle. You must have possession of the actual vehicle and have the ability to transfer title to the vehicle. The price and terms of any sale are subject to direct negotiation between the buyer and seller. Interactions with individuals or organizations found through MCG Marketplace, including payment and delivery, are solely between the buyer and seller. You should make any investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any User.

Disputes.

We are under no obligation to become involved in any disputes between a buyer and seller, or any third party. In the event of a dispute, you agree to release, us, our officers, employees and agents from claims, demands or damages (actual and consequential) of every kind, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to use of this Site.

4. MYCLASSICGARAGE CONTENT

MyClassicGarage Content.

The MyClassicGarage Services contain Content that is owned or licensed by us, including without limitation those digital images known as Dream Cars available in our Dream Car Garage e-commerce store as well as images available in our Graphics Garage™ e-commerce store (collectively, "MyClassicGarage Content"). MyClassicGarage Content is protected by copyright, trademark, patent, trade secret and other laws, and we own or have the right to use the MyClassicGarage Content.

License.

We hereby grant you a limited, revocable, non-exclusive, non-sublicensable license to reproduce and display the MyClassicGarage Content (excluding any software code) to which you have purchased or otherwise been granted access on the Site solely for your personal and noncommercial use in connection with your viewing the MyClassicGarage Site and your using the MyClassicGarage Services, subject to the terms and conditions of this Agreement. Pursuant to this license, you may display, copy, distribute, and download such MyClassicGarage Content on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This license will terminate at the time you cease to be a Member or otherwise terminate using the MyClassicGarage Services. The license does not grant you the right to sell such MyClassicGarage Content, nor does the license grant you the right to use such Content outside of the MyClassicGarage Services.

Copyright Policy.

All MyClassicGarage Content which is copyrightable including without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are our copyrighted materials or those of the original creator of the MyClassicGarage Content. You may not distribute, copy, reproduce, display, republish, download, or transmit any such material on this Site for commercial use without our prior written approval. You may not “mirror” any material contained on this Site on any other server without our prior written approval. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: Attn: Copyright Agent and email: info@MyClassicGarage.com.

Fair Use Notice.

Certain portions of the MyClassicGarage Site may reproduce or have links to copyrighted materials the use of which has not been expressly authorized by the copyright owner. We make such material available as part of our efforts to aid historical research and to educate and advance knowledge about classic cars. We understand that this constitutes a “fair use” of such copyrighted materials as provided by law. If you wish to use any copyrighted material from this Site for purposes that go beyond “fair use,” you must obtain permission from the copyright owner.

Trademarks.

The trademarks, service marks, trade names, and logos used and displayed on this Site (collectively, the “Trademarks”) are registered and unregistered Trademarks of either us or our affiliates. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of MyClassicGarage, and may not be copied, imitated or used, in whole or in part, without our prior written approval. You acknowledge that the Trademarks used and displayed on this Site are and shall remain our sole property or that of the applicable Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on this Site, without our prior written approval or that of the applicable Trademark owner. The misuse of the Trademarks displayed on this Site, or any other content on this Site, is strictly prohibited.

Hyperlinks.

You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link is to the entry page of this Site and does not portray us or any of our products or services in a false, misleading, derogatory, negative or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any MyClassicGarage trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without our prior written approval. Links to third party sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. We have not reviewed all of these third party sites and do not control and are not responsible for any of these sites, their content or their policies, including without limitation, privacy policies or lack thereof. We do not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such third party sites.

Downloadable Materials.

Materials. Any software, including codes or other materials that are made available to download from this Site, is our copyrighted work or the copyrighted work of our suppliers and affiliates. If you download software from the MyClassicGarage Site, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or our express written consent.

5. PAYMENT TERMS

Fees.

We reserve the right to charge for the MyClassicGarage Services and to change our fees from time to time in our discretion. If we terminate your Membership because you have breached this Agreement, you shall not be entitled to the refund of fees.

Pricing.

Your total price may include taxes, fees, and shipping costs, all of which you are responsible for funding. All quoted prices are payable in U.S. Dollars.

Funding.

You may use different sources, such as credit cards and debits cards, and other payment methods to fund your transactions as we may allow from time to time.

Authority.

When you provide a funding source to use, you confirm that you are permitted to use that funding source. When you fund a transaction, you authorize us (and our designated payment processor) to charge the full amount to the funding source you designate for the transaction. You also authorize us to collect and store that funding source, along with other related transaction information.

Funding Fees.

If you fund a payment and your transaction results in an overdraft or other fee from your bank or other funding source, you alone are responsible for that fee.

Right to Cancel.

We may cancel any transaction if we believe the transaction violates this Agreement, or if we believe doing so may prevent financial loss. We may also cancel any electronic value accumulated, transferred, assigned, or sold as a result of fraudulent or illegal behavior.

6. DISCLAIMERS

DISCLAIMER WARRANTY.

We are not responsible for any incorrect or inaccurate Content posted on the MyClassicGarage Site or in connection with the MyClassicGarage Services, whether caused by Users of the MyClassicGarage Services or by any of the equipment or programming associated with or utilized in the MyClassicGarage Services. Profiles created and posted by Members on the MyClassicGarage Site may contain links to other websites. We are not responsible for the Content, accuracy or opinions expressed on such websites, and we do not investigate, monitor or check for accuracy or completeness any such websites. Inclusion of any linked website on the MyClassicGarage Services does not imply approval or endorsement of the linked website by us. When you access these third-party sites, you do so at your own risk. We take no responsibility for third party advertisements which are posted on this Site or through the MyClassicGarage Services, nor do we take responsibility for the goods or services provided by our advertisers. We are not responsible for the conduct, whether online or offline, of any User of the MyClassicGarage Services. We assume 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 communication. We are 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 on any of the MyClassicGarage Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the MyClassicGarage Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the MyClassicGarage Services or from any Content posted on or through the MyClassicGarage Services, or from the conduct of any Users, whether online or offline. The MyClassicGarage Services are provided "AS-IS" and as available and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the MyClassicGarage Services.

LIMITATION ON LIABILITY.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE MYCLASSICGARAGE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO US, IF ANY, BY YOU FOR THE MYCLASSICGARAGE SERVICES DURING THE TERM OF MEMBERSHIP.

U.S. Export Controls.

Software available in connection with the MyClassicGarage Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the MyClassicGarage Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

7. DISPUTES AND INDEMNITIES

Disputes.

If there is any dispute about or involving the MyClassicGarage Services, you agree that the dispute shall be governed by the laws of the State of North Carolina, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of North Carolina, City of Charlotte. Either of us may demand that any dispute between us about or involving the MyClassicGarage Services be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Charlotte, North Carolina, USA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction.

Indemnity.

You agree to indemnify and hold us, our subsidiaries and affiliates, and our respective owners, officers, directors, managers, employees and agents, 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 the MyClassicGarage Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the MyClassicGarage Site or through the MyClassicGarage Services causes any such indemnified party to be liable to another.

8. OTHER

This Agreement is accepted upon your use of any of the MyClassicGarage Services and is further affirmed by your becoming a Member. This Agreement constitutes the entire agreement between you and us regarding the use of the MyClassicGarage Services. All references to “we” or “us” refer to the owner and operator of the MyClassicGarage Site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: info@MyClassicGarage.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE