REPRESENTATIONS AND INDEMNIFICATION
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You further agree to indemnify and hold harmless Ate Up With Motor and its web host, advertisers, contractors, vendors, partners, and licensors (and their respective directors, officers, employees, and agents) against any and all claims related to or arising out of your use of the Ate Up With Motor website and its content, including, without limitation, any any all claims arising from your use of, interactions with, or business transactions involving any external website or third party mentioned or linked herein, including Ate Up With Motor’s advertisers.
The Ate Up With Motor website or certain portions thereof may use Google APIs or content served via those APIs (such as Google Fonts). You agree that your use of the site and such content will be in accordance with the Google APIs Terms of Service and applicable law.
DISCLAIMER OF WARRANTIES
All content on this site is presented for the reader’s general information and entertainment. While we strive to make the site content as complete and correct as we reasonably can, the content is provided “as is.” Except as otherwise required by law, or, in the case of material used or offered under license (see the Reprint/Reuse Policy), to the extent expressly required by the applicable license agreement, we make NO WARRANTY of any kind, expressed or implied, of the content’s accuracy, completeness, or fitness for any purpose, including, but not limited to, the repair, modification, purchase, appraisal, or sale of any vehicle. (The author of these articles is NOT a mechanic or automotive technician and is definitely NOT qualified to tell you how to fix or modify your car!) Your use of any information presented on this website is entirely at your own risk.
We also make no warranty, expressed or implied, of the availability of or continuous or uninterrupted access to the Ate Up With Motor website or its content.
Periodically, the site content may contain estimates of exchange rates between the U.S. dollar and foreign currencies, and/or of the inflation-adjusted modern equivalent of historical dollar amounts. Such figures are approximate estimates, provided solely for the purposes of illustration and reader reference and are NOT intended as financial advice of any kind. We make no warranty whatsoever as to the accuracy of those figures or their fitness for any purpose. This is an automotive history site, not a reference for international currency trading or the historical value of money!
LIMITATION OF LIABILITY
Ate Up With Motor shall have no liability for any failure or delay due to matters beyond our reasonable control.
USE OF TRADEMARKS
Trademarks and trade names mentioned or described on this site, including (but not limited to) the names and distinctive logos of automakers, model or trim level names, brand names or trade names of automotive technology or automotive suppliers, and names of other products or websites, are used here for purposes of identification, description, and/or commentary. Such trademarks and trade names remain the property of their respective owners.
Except as otherwise explicitly indicated, we have no partnership with, relationship to, or endorsement by the holders of such trademarks, and no such partnership, relationship, or endorsement is implied. This is not an official website of any automaker or automotive brand.
Certain content presented here may use images, historical information, or other media supplied by one or more automakers or their press/PR representatives. Such cases will be noted in the acknowledgements and sources of the relevant content. The use of automaker-supplied images or media in site content does not indicate that the applicable content was in any way authorized, endorsed, or reviewed by that automaker.
The opinions expressed in the content published on the Ate Up With Motor website are solely those of the author and do not necessarily reflect the opinions of the trademark owners, any advertisers or commentators, or the site’s web host or vendors.
Ate Up With Motor runs paid text or banner advertisements from various advertisers, which may include new or used car dealers; auto insurers; and other businesses connected with the sale, repair, modification, or insurance of automobiles. All such paid advertisements, whether text links, banner ads, or in any other form, are identified with the words “Sponsor,” “Sponsors,” or “Sponsored Link(s)” (or by images containing those words).
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In the event that Ate Up With Motor receives financial compensation or any other consideration for any content presented on the site other than paid advertisements (e.g., if we receive a free copy of a book to review), the nature of that compensation will be disclosed as part of applicable content or otherwise adjacent to it. (If the article or content is longer than one page, the relevant disclosure information will be included in the final page.)
Links to other sites presented or referenced on the Ate Up With Motor website are provided solely for reader information or for the purposes of bibliographic reference. Unless otherwise required by law, Ate Up With Motor offers NO warranty and accepts NO responsibility or liability whatsoever for the content, appropriateness, legality, safety, utility, or fitness for any purpose of any external website (including the websites of Ate Up With Motor advertisers) or for your use of such links, which is entirely at your own risk.
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- In the event that your comment contains factual information pertaining to Ate Up With Motor content (for example, if you offer a correction or clarification of some error or ambiguous point), you authorize Ate Up With Motor to reflect the factual substance of your comment (for example, to make the noted correction) in the applicable content.
Please note that in certain cases, we may respond to your comment by email (using the email address you provide) prior to or instead of publishing the comment on the website, particularly if we have questions about any of the above-listed points.
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Comments are published on the Ate Up With Motor website at our sole discretion. Comments may be screened prior to publication to prevent spam or defuse contentious arguments. We do not guarantee that any comment you post will be published.
We may redact, edit, delete, decline to publish, or unpublish any comment at any time, with or without notice. Our reasons for editing, redacting, deleting, or otherwise modifying or unpublishing a comment may include, but are not limited to, the following:
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- The comment includes abusive language, ad hominem attacks, or defamatory content.
- We believe the commenter was under the age of 18.
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Technical problems, such as site backups or upgrades to the comment system, may occasionally result in the inadvertent deletion of recent comments. If you have a question about why a comment was deleted or not published, feel free to contact us via email or the contact form. Again, we do not guarantee that any posted comment will be published.
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Unless otherwise required by law, Ate Up With Motor accepts NO responsibility or liability for and makes NO warranty of any kind, expressed or implied, with regard to any user comment, including without limitation the comment’s accuracy or suitability for any purpose (including, but not limited to, the repair, modification, purchase, appraisal, or sale of any vehicle); or for the accuracy, utility, or legality of any external website linked in a user comment. Any use of the information contained in any comment on the Ate Up With Motor website, particularly comments containing mechanical advice, is entirely at your own risk.
We reserve the right to temporarily or permanently limit or deny access, either to the commenting feature and/or the site as a whole, to readers who are under age 18; whose comments have been unpublished and/or deleted for the above or any other reasons; or whose comments and/or other activities on the site we deem (in our sole judgment) to be abusive, disruptive, or constitute spam.
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- Unless you specifically request otherwise, if your message includes factual information, corrections, or clarifications pertaining to Ate Up With Motor content, you authorize us to reflect the factual substance of your message in the applicable content (for example, to make the noted correction or incorporate a point of fact, such as a specification or date).
ACKNOWLEDGMENTS OF USER ASSISTANCE AND INFORMATION
If you provide us (whether via comment, contact form, email, or by other means) with significant assistance with Ate Up With Motor content (for example, if you supply images, suggest useful resources, or offer substantial factual corrections) or assist us in the resolution of a technical issue, we may elect to acknowledge you by name or username, generally in the “Acknowledgments” or “Notes on Sources” section of the applicable article(s), unless you have specifically asked us not to or if the context of your communications with us reasonably suggests that you prefer not to be acknowledged or identified. This acknowledgment will be limited to your name/username and the nature of your assistance and will not include your email address or other personal information unless you expressly request that we publish such additional information.
In the event that you have received such an acknowledgment here or on Ate Up With Motor’s associated social media accounts and would like us to remove it, please contact us via email at aseverson (at) ateupwithmotor (dot) com or the Contact Form and we will promptly delete the applicable acknowledgment(s). If you wish to alter or correct the acknowledgment (for example, to replace a username or pseudonym with your real name or vice versa), we will make our best efforts to accommodate your request so long as it does not infringe on the rights of others or attempt to impersonate some other individual or organization.
The following is our policy for the reuse of Ate Up With Motor content.
- HYPERLINKS: You may publish, post, or otherwise share hyperlinks to the Ate Up With Motor website or to any individual page or post on the site.
- HOTLINKING: You may NOT “hotlink” to any image, script, or other non-text element hosted on the Ate Up With Motor website without our explicit permission. (To be clear, “hotlinking” means causing an image or element hosted on or served by Ate Up With Motor to be displayed or run on some external website or service. For example, posting an image tag on your own website or forum with an HREF element pointing to the image location on Ate Up With Motor would constitute hotlinking; copying a public domain image from one of our articles and uploading that image to your own website would NOT constitute hotlinking.) This stipulation does not apply to any images or content that are not actually hosted on or served by Ate Up With Motor. The use or reuse of any script, font, image, embedded video or audio recording, or other content hosted on or served by an external website is subject to the terms and conditions of the hosting site and the applicable rights holder(s). (See “Reusing Photos and Other Images” below for information on copying images from Ate Up With Motor.)
- REFERENCE USE: You may use our articles as references for your own research, articles, or academic papers, provided that you (a) do not plagiarize our work and (b) include appropriate citations. (We would appreciate a link to the applicable Ate Up With Motor article(s), although we recognize that isn’t always possible.)
- ACCESSIBILITY AND TRANSLATION: You are free to use accessibility aids or software (such as automated text readers) in any reasonable manner for purposes of enabling you to access the site and read or view its content. You are also free to translate the written content into languages other than English (either using automatic translation software or by some other means) for your personal use or internal reference or for the purposes of creating bibliographic citations in languages other than English.
- COPYING AND REUSING WRITTEN CONTENT:
- Written content we offer under a specific license: If we explicitly indicate that a specific portion of the site’s written content (for example, a particular article or page) is offered under a Creative Commons or similar license — details of which will be specified adjacent to the applicable content — you may copy or use that portion of the content in any manner allowed under the applicable license or otherwise permitted by law.
- Public domain material: In the event some specific portion of the written content on the site incorporates material that is in the public domain in your jurisdiction, you may copy or use that public domain material in any manner allowed by applicable law. (Please note that material that is in the public domain in the U.S. is not necessarily in the public domain elsewhere and vice versa.)
- Material used under license: In the event some portion of the written content on the site incorporates material we have used under a Creative Commons or similar license, the source, attribution information, and applicable license will be noted adjacent to the applicable material. We cannot sub-license such material, but you are free to copy or use the licensed material in any manner allowed under the applicable license (or any other license or terms offered by the applicable rights holder(s)), or as otherwise permitted by law. If we have adapted or modified such licensed material, you may assume that our modifications or adaptations are also offered under the specified license. (Please note that we cannot provide any legal advice regarding Creative Commons or similar licenses. Except as expressly required by the applicable Creative Commons or other license agreement or otherwise required by law, we offer NO WARRANTY whatsoever with regard to any material used or offered under such a license, including, without limitation, the associated license, copyright, and rights information. Any use of such material is entirely at your own risk.)
- All other written content: You are free to print a copy of any portion of the written content or save a copy to your mobile device or computer’s hard drive for your personal use or reference, but except as specified above or otherwise allowed by applicable law, you may NOT publish, republish, or redistribute the written content or any portion of it (other than brief quotations with appropriate attribution) in any form, whether in print, on the web, or via any other medium or method, or publish or otherwise distribute translations of the written content into languages other than English, without our prior written permission. (Again, these stipulations do NOT apply to public domain material or material used or offered under license as specified above.)
- REUSING PHOTOS AND OTHER IMAGES:
- Images we offer under a specific license: If we explicitly indicate that a specific image owned by us is offered under a Creative Commons or similar license — details of which will be specified in the applicable image caption or otherwise adjacent to the image — you may copy or use that image in any manner allowed under the applicable license or otherwise permitted by law.
- Public domain images: Any image on the Ate Up With Motor website that is in the public domain in your jurisdiction may be copied or used in any manner permitted by applicable law. (Please note that material that is in the public domain in the U.S. is not necessarily in the public domain elsewhere and vice versa.) If the version of such a public domain image that appears on the Ate Up With Motor website has been modified or adapted by us, you are free to copy or reuse our modified/adapted version in any manner permitted by applicable law. We impose no conditions on such reuse (other than any conditions that applicable law may expressly require), although we strongly recommend that you indicate if the original public domain image has been modified or adapted.
- Images used under license: Images used on the Ate Up With Motor website under a Creative Commons or similar license indicate the image source, attribution information, and applicable license in the applicable image caption. We cannot sub-license such images, but you are free to copy or use the licensed image(s) in any manner allowed under the applicable license (or any other license or terms offered by the applicable rights holder(s)), or as otherwise permitted by law. If we have modified or adapted an image under a Creative Commons or similar license, you may assume that our modifications or adaptations are also offered under the specified license.
- All other images: Except as specified above or otherwise allowed by applicable law, you may NOT copy, reuse, or redistribute any of the photos or other images on the site without our prior written permission or, for images not owned by us, the permission of the applicable rights holder(s). If an image is not owned by us, you are of course free to contact the creator or rights holder directly for reuse permission; we cannot grant such permission. If the rights holder authorizes you to reuse their image(s), you do not need any additional permission from us to do so.
Please note that we cannot provide any legal advice whatsoever regarding the use of public domain or Creative Commons images. Except as expressly required by the applicable Creative Commons or other license agreement or otherwise required by law, we offer NO WARRANTY whatsoever with regard to any images used or offered under such a license, including, without limitation, the associated license, copyright, and rights information. Any use of such images or information is entirely at your own risk.
- TRADEMARK REUSE: You may NOT use the Ate Up With Motor name, logo, or any related trademarks or service marks for any commercial purpose without our advance written permission.
If you have any questions, or you are interested in reprinting, excerpting, or translating any Ate Up With Motor content (e.g., for your own website or book), please send us a note using the Contact Form.
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The following terms and conditions shall apply to any photograph, illustration, or other image (“Images”) you provide to us for use on Ate Up With Motor. Please note that if you choose to make your Images available under a Creative Commons or other similar license (which you are in no way obliged to do), you may elect to have us use your Images under that license rather than the terms listed here. In that event, the terms of the applicable license will apply instead of the ones below.
Otherwise, by submitting any Images to us:
- You affirm that the Images are (a) your own, original work(s), and wholly owned by you, (b) verifiably in the public domain, or (c) otherwise owned and/or administered by you. In the event that the Images are not your own work, you must inform us of their legal authorship and your rights to publish/distribute them.
- You affirm that you have the legal right to use and license the Images.
- You agree to indemnify Ate Up With Motor, its web host, and its advertisers and affiliates against any claims related to your ownership and/or authorship of the Images, your rights to use or license the Images, and/or your representations of your ownership, authorship, and/or rights.
- You grant Ate Up With Motor a worldwide, non-exclusive, royalty-free license to publish the Images on the Ate Up With Motor website, with the understanding that Ate Up With Motor will not publish or otherwise distribute the Images by any other means or license the Images to any other website or entity (except as specifically required to display the Images on the Ate Up With Motor website or for routine backup or other internal administrative purposes) without your prior authorization.
- As part of the above license, you authorize Ate Up With Motor to modify the size, image file format, file names, and/or metadata of the digital image files containing the Images (or if necessary to create electronic copies of those image files of appropriate size, format, filename, and metadata) for the specific purpose of displaying the Images on the Ate Up With Motor website or for routine backup or other internal administrative purposes. (For example, if a digital image file is too large for display on the web and has a numeric filename, you authorize us to resize the file and give it a descriptive file name and metadata consistent with our customary practice.)
- In the event that you sell, publish, or otherwise license the Images to any other publication or entity in any manner that would conflict with or rescind the license granted to Ate Up With Motor hereunder (e.g., if you sell exclusive rights to a photograph to a magazine or news service), or if you elect to cancel or otherwise rescind Ate Up With Motor’s license to use the Images for any other reason, you agree to notify Ate Up With Motor in writing or via email at least seven (7) days prior to the effective date of such sale, license, or cancellation, to allow time to remove the Images from the Ate Up With Motor website.
- You understand and agree that in the event you cancel or otherwise rescind the license granted to Ate Up With Motor herein, Ate Up With Motor may retain archival copies of the Images for administrative purposes, or as part of backup files created by Ate Up With Motor or its web host. However, Ate Up With Motor will not publish or otherwise distribute such copies without your authorization.
- You understand and acknowledge that we reserve the right to decline to use or to remove any Images from the Ate Up With Motor website at any time, with or without notice.
If you believe that material (such as photos, images, or other content) used on or linked to by the Ate Up With Motor website violates your copyright, please contact the proprietor, Aaron Severson, via email at copyright (at) ateupwithmotor (dot) com or by mail at 11100 National Bl. #3, Los Angeles, California 90064. Please be sure to include:
- Your legal name and contact information, including your email address.
- A detailed description of the applicable work(s).
- The location of the work(s) on the Ate Up With Motor site (including the URL and page number, as applicable).
- Your statement that:
- You are either the legal owner of the work or an authorized agent of such owner, and
- You have the good faith belief that the use of the applicable work is (1) not authorized by the owner of the work and (2) not otherwise permitted by law.
- Your signature, either physical or electronic.
We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
If the material in question was provided to us by a third party, you expressly authorize us to forward your claim to that third party.
Ate Up With Motor will take reasonable efforts to terminate access to the website by a visitor who is determined to be a repeat infringer of copyrights or other intellectual property rights (e.g., by blocking the user’s IP address).
If you wish to terminate this agreement, you may simply discontinue using the Ate Up With Motor website. Ate Up With Motor may terminate your access to any or all part of the website, with or without cause or notice, at any time.
These terms may be modified from time to time, at our sole discretion. Your continued use of and access to the site signifies your acceptance of any such modifications. If you disagree with any of the changes, you should stop using or accessing the Ate Up With Motor website.
However, any dispute that arose before the changes shall be governed by the terms that were in place when the dispute arose.
- May 29, 2016: Further amended Comment Policy: changed “via email as an automatic notification …” –> “via email …” Also amended Contact Form and Email Communication Policy: changed “for routine backup purposes” –> “for routine backup purposes and, for contact form submissions, to transmit copies of your message via email to the site administrator.”
- May 28, 2016: Corrected inadvertently omitted words in Comment Policy: “for routine backup …” was supposed to be “to make copies of the comment and its contents for routine backup …”
- May 15, 2016: Clarified that Ate Up With Motor may make copies of comments, form submissions, and/or User-Submitted Images for routine backup or other internal administrative purposes.
- February 1, 2016: Clarified recent revision list, added version date for Automattic TOS to attribution section.
- January 17, 2016: Clarified the Public domain images section of Reprint/Reuse Policy: “We impose no conditions on such reuse” –> “We impose no conditions on such reuse (other than any conditions that applicable law may expressly require)”. Clarified the Images used under license section: “you are free to copy or use the image(s)” –> “you are free to copy or use the licensed image(s)”.
- January 16, 2016: Clarified Reprint/Reuse Policy to make clear that our modified/adapted versions of public domain images may also be freely used.
- January 13, 2016: Added note to preamble clarifying that variations in text style have no legal significance. Editorial corrections to past revision list.
- January 12, 2016: Further clarified Reprint/Reuse Policy, including noting that public domain text (if it’s in the public domain in your jurisdiction) may be used in any manner allowed by applicable law and adding a provision indicating that any of our own images that we may offer under a Creative Commons or similar license may be used as allowed by that license. ETA: Added more internal navigation links. In the Comment Policy section, changed “We reserve the right to redact …” –> “We may redact …”
- January 6, 2016: Clarification of revision list. Clarified Disclaimer of Warranties: “Except as otherwise required by law or as expressly required under the terms of an applicable license agreement (see the Reprint/Reuse Policy)” –> “Except as otherwise required by law, or, in the case of material used or offered under license (see the Reprint/Reuse Policy), to the extent expressly required by the applicable license agreement”. ETA: Added Google API ToS information to Representations and Indemnification section.
- December 31, 2015: Minor clarification of Reprint/Reuse Policy regarding reuse of licensed content.
- December 29, 2015: Editorial corrections. Clarified that Use of User-Supplied Images terms do not apply to Creative Commons licenses unless you authorize us to use your images under these terms instead of the Creative Commons license. Amended “You understand that” in point 7 of those terms to “You understand and agree.” Clarified that this entire policy is available under CC BY-SA 4.0. Added “except as otherwise required by law or to the extent expressly required under the terms of an applicable license agreement” and “of any kind” to Disclaimer of Warranties. Updated warranty disclaimer in Comment Policy. Updated disclaimers of warranties in Reprint/Reuse Policy regarding licensed material and struck the word “original” in that section.
- December 28, 2015: Streamlined portions of Reprint/Reuse Policy dealing with reusing text/written content. Deleted “(to whatever extent they legally constitute a derivative work or adaptation in your jurisdiction)” from the Reusing Images section of Reprint/Reuse Policy. Added note regarding version history of the Automattic terms. Editorial corrections.
- December 25, 2015: Editorial correction.
- December 24, 2015: Added link to Automattic Inc. main site. Added “contractors” to indemnification list. Clarified hotlinking policy. Added “except as specifically required by any applicable Creative Commons or other license or otherwise required by law” stipulation to disclaimer of warranties in Reprint/Reuse Policy.
- December 23, 2015: Editorial corrections.
- December 22, 2015: Streamlining of Reprint/Reuse Policy; editorial and formatting changes; added more detailed recent revision list. Clarified licensing notes for this policy.
- December 21, 2015: Clarification of Reprint/Reuse Policy.
- December 13, 2015: Added note explicitly allowing use of accessibility tools.
- December 9, 2015: Editorial and formatting changes.
- December 6, 2015: Added additional “no warranty” language to Reprint/Reuse Policy. Editorial corrections.
- November 16, 2015: Editorial changes. Clarified Reprint/Reuse Policy and added note indicating that we can’t provide legal advice regarding licenses.
- October 30, 2015: Clarification of Reprint/Reuse Policy.
- October 23, 2015: Added clearer Contact Form and Email Communication Policy. Noted that grant of rights in Comment Policy is nonexclusive.
- August 24, 2015: Extensive update based on the Automattic Inc. TOS language noted above (version dated 30 June 2015). Added new preamble; new Limitation of Liability, Governing Law, and Termination; Severability sections; retitled Indemnification section to Representations and Indemnification with revised language; retitled No Warranty to Disclaimer of Warranties with revised language; added note to Revisions section regarding disputes and changes of version. Reorganized and revised Comment Policy for greater clarity, added contractors, partners, licensors, and employees to comment indemnification. Clarified that we may publish excerpts of messages received via the comment forms to support other users or clarify your request. Added Trademark Use to Reprint/Reuse Policy. Revised Copyright Violations language. Various minor wording and editorial changes throughout. Added BY-SA 4.0 licensing.
Please contact us if you need information on earlier revisions.