The following terms and conditions govern your access to and/or use of Ate Up With Motor (including the ateupwithmotor.com website, its content, and/or its web feeds, if any) and/or its related services (e.g., ateupwithmotor.com email addresses and/or FTP folder(s), and/or Ate Up With Motor’s social media accounts and/or pages) except where we publish separate terms that apply to such related services. Access to Ate Up With Motor and/or its related services is offered subject to your acceptance of all the terms and conditions contained herein and all other operating rules and policies (including, without limitation, our Privacy Policy and the Cookie Notice, which forms part of the Privacy Policy and also constitutes the “cookie policy” for this website, for jurisdictions that explicitly require such a policy — please read them!) that we may publish (collectively, the “Terms of Use”). By accessing and/or using Ate Up With Motor and/or its related services, you signify your agreement to and agree to be bound by these Terms of Use. If you do not agree, you may not access or use Ate Up With Motor or its related services.
For the purposes of these Terms of Use, the words “we,” “us,” and “our” refer to Aaron Severson dba (doing business as) Ate Up With Motor, the owner and operator of the ateupwithmotor.com website, a U.S. citizen residing and operating in Los Angeles, California, USA. Other terms have the same definitions specified in the “Definitions” section of the Privacy Policy.
The effective date of the terms and conditions listed below is Monday, November 13, 2023. (See the “Revisions” section below for a summary of recent changes.)
Please note that the terms and conditions listed below do not apply to any professional engagements or other business dealings we may undertake separate from Ate Up With Motor (e.g., the owner’s professional writing/writing consulting services and/or other websites). Such dealings shall be subject to the terms of separate client, employment, or other applicable agreements (whether written or verbal) — or, in the case of other websites we own and/or operate, those sites’ individual terms and policies — and any other legal requirements that may apply, NOT to these terms.
Your use of any third-party websites or services, including those linked from Ate Up With Motor and/or on which we may have accounts, is subject to the individual terms of use/terms of service and privacy policies, if any, of those sites or services.
Variations in text style (e.g., different font weights, sizes, or colors) are used throughout these Terms of Use to improve readability, but have no legal significance or effect.
CREDITS AND LICENSE FOR THIS DOCUMENT
Portions of these terms were adapted from the Automattic Terms of Service for WordPress.com (primarily the version dated June 30, 2015, with some elements from later versions; you can find all these documents at their Legalmattic repository), which are licensed under a Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) license. Therefore, these terms are also licensed under CC BY-SA 4.0, as the terms of that license require. If you elect to use or further adapt these terms, please credit Automattic as well as us. We also strongly recommend that you note the effective date shown above and include that date in your attribution if it is reasonably practical to do so. Recent changes to these terms are summarized in the “Revisions” section below. For a modification history of the WordPress.com terms, see their Terms of Service Change Log or the Legalmattic repository. (Automattic, Legalmattic, and WordPress.com are trademarks or registered trademarks of Automattic (or Automattic’s licensors). WordPress is a registered trademark of the WordPress Foundation in the United States and other countries. Ate Up With Motor is not affiliated with or endorsed by Automattic or the WordPress Foundation in any way.)
MINIMUM AGE REQUIREMENTS
Ate Up With Motor and its related services are not intended for or directed to children under the age of 18. If you are younger than 18, you may not access or use the site or its related services. (Except as otherwise required by law, requests or inquiries involving Ate Up With Motor that pertain to children under 18 should be submitted by a parent, legal guardian, or other authorized adult representative.)
Pursuant to the requirements of 47 U.S. Code Section 230(d), we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. The U.S. Federal Trade Commission (FTC) offers further information about such protections in the “Protecting Kids Online” section of the Federal Trade Commission Consumer Advice website. (We are not affiliated in any way with that website or the FTC and offer this link purely for your information.) You can also check with your Internet service provider, your mobile carrier, the manufacturers of your devices, and/or the providers of the operating system(s) and/or other software you use about the parental control protections they offer, some of which may be available at little or no additional cost to you.
GENERAL REPRESENTATIONS
By accessing and/or using Ate Up With Motor and/or its related services, you represent and warrant that:
- You are at least 18 years of age, and:
- You can legally form a binding contract with us, and:
- Your access to and/or use of Ate Up With Motor and/or its related services:
- Will be in strict accordance with these Terms of Use, and:
- Will comply with all applicable laws and regulations (including, but not limited to, applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising) and any company or organizational policies that may apply to you (e.g., your employer’s social media or online conduct policies), and:
- Is not in, from, by, or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including, but not limited to, those identified in sanctions lists published by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury.
- You are not:
- Located or residing in any country or territory subject to comprehensive U.S. sanctions (currently, Cuba, Crimea, Iran, North Korea, Donetsk People’s Republic, Luhansk People’s Republic, and Syria), or:
- Listed on any United States list of prohibited or restricted parties (e.g., the Office of Foreign Assets Control listing of Specially Designated Nationals and Blocked Persons), or otherwise subject to U.S. sanctions that would prohibit your access to or use of this website or its related services.
- You will not use Ate Up With Motor or its related services:
- For any unlawful purpose; to publish or otherwise distribute any illegal content; in furtherance of illegal activities; to infringe or misappropriate the intellectual property rights of any third party; to create, distribute, or otherwise facilitate malware, spyware, or other malicious software or code; to defame or illegally impersonate us or any third party; or to stalk or harass us or any third party, or:
- To disclose the sensitive personal information or proprietary commercial information of others without their permission, or to otherwise violate the privacy rights of any person or persons, or:
- To send or otherwise facilitate spam or bulk unsolicited messages, or:
- In any way that (as determined by us, in our sole discretion) overburdens, disrupts, attacks, or interferes with Ate Up With Motor’s systems and/or data, or:
- To disrupt, attack, or interfere with other users or the services or networks of third parties, or:
- In any manner that may cause Ate Up With Motor to violate U.S. export controls and sanctions. (We reserve the right to restrict or block your access to this website or its related services at any time without notice if we determine, in our sole discretion, that such access may cause a violation or create unacceptable risk to us under applicable export controls or sanctions.)
The Ate Up With Motor website, its related services, and/or certain portions thereof may use Google API services (such as, without limitation, the Google Fonts API and/or the Google Hosted Libraries) and/or content served via such Google APIs. You agree that your access to and/or use of the site, its related services, and any such content will comply with the Google APIs Terms of Service as well as with all applicable laws and regulations. (Google and other related marks and logos are trademarks of Google LLC. Ate Up With Motor is not affiliated with or endorsed by Google in any way.)
DISCLAIMER OF WARRANTIES
THE ATE UP WITH MOTOR WEBSITE, ITS RELATED SERVICES, AND THE CONTENT THEREOF ARE PROVIDED “AS IS.” EXCEPT AS OTHERWISE REQUIRED BY LAW, AND/OR, IN THE CASE OF MATERIAL USED OR OFFERED UNDER LICENSE, TO THE EXTENT EXPRESSLY REQUIRED BY THE TERMS OF THE APPLICABLE LICENSE AGREEMENT, ATE UP WITH MOTOR (AND, WHERE APPLICABLE, ITS WEB HOST, LICENSORS, PARTNERS (IF ANY), CONTRACTORS, VENDORS, AND SERVICE PROVIDERS) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER ATE UP WITH MOTOR NOR ITS WEB HOST, LICENSORS, PARTNERS (IF ANY), CONTRACTORS, VENDORS, OR SERVICE PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, THAT ATE UP WITH MOTOR, ITS RELATED SERVICES, OR THE CONTENT THEREOF WILL BE ERROR-FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOUR ACCESS TO AND/OR USE OF ATE UP WITH MOTOR, ITS RELATED SERVICES, THE CONTENT THEREOF, AND/OR ANY INFORMATION CONTAINED THEREIN IS ENTIRELY AT YOUR OWN DISCRETION AND RISK.
THIS WEBSITE AND/OR ITS RELATED SERVICES MAY USE AND/OR GIVE YOU THE OPPORTUNITY TO USE CONTENT, PRODUCTS, AND/OR SERVICES DIRECTLY PROVIDED BY THIRD PARTIES RATHER THAN BY US (SUCH AS, THOUGH NOT LIMITED TO, EMBEDDED VIDEO PLAYERS AND/OR OTHER TYPES OF CONTENT DESCRIBED IN THE “EMBEDDED CONTENT” SECTION OF THE PRIVACY POLICY, WHICH ARE HOSTED ON AND SERVED BY EXTERNAL CONTENT PROVIDERS RATHER THAN LOCALLY HOSTED BY OUR WEB HOST ALONG WITH THIS WEBSITE’S OTHER CONTENT). EXCEPT AS OTHERWISE REQUIRED BY LAW, WE MAKE NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING CONTENT, PRODUCTS, OR SERVICES DIRECTLY PROVIDED BY THIRD PARTIES, ANY USE OF WHICH IS AT YOUR OWN RISK, IS SOLELY BETWEEN YOU AND THE RESPECTIVE THIRD PARTY OR PARTIES, AND SHALL BE GOVERNED BY THE TERMS AND POLICES OF THE APPLICABLE THIRD PARTY OR PARTIES. QUESTIONS OR COMPLAINTS REGARDING CONTENT, PRODUCTS, AND/OR SERVICES DIRECTLY PROVIDED BY THIRD PARTIES SHOULD BE DIRECTED TO THE THIRD PARTY OR PARTIES THAT PROVIDE SUCH CONTENT, PRODUCTS, AND/OR SERVICES. (FOR EXAMPLE, BUT WITHOUT LIMITATION, IF YOU HAVE TECHNICAL PROBLEMS VIEWING A VIDEO THROUGH AN EMBEDDED VIDEO PLAYER ON THIS WEBSITE, YOU’LL NEED TO CONTACT THE PLATFORM OR SERVICE THAT PROVIDES THAT PLAYER.)
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE REQUIRED BY LAW, NEITHER ATE UP WITH MOTOR NOR ITS WEB HOST, LICENSORS, PARTNERS (IF ANY), CONTRACTORS, VENDORS, OR SERVICE PROVIDERS SHALL BE LIABLE (INCLUDING FOR ANY THIRD-PARTY PRODUCTS OR SERVICES PURCHASED OR USED THROUGH THIS WEBSITE AND/OR ITS RELATED SERVICES) WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF USE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR: (A) ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; (B) PUNITIVE DAMAGES; (C) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (D) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF INFORMATION OR DATA; (E) ANY LOSS (DIRECT OR INDIRECT) OF ACTUAL OR ANTICIPATED PROFIT, REVENUE, INCOME, SAVINGS, OPPORTUNITY, REPUTATION, OR GOODWILL; OR (F) ANY AMOUNTS THAT EXCEED $50 OR THE AMOUNT ACTUALLY PAID BY YOU TO ATE UP WITH MOTOR DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION, WHICHEVER IS GREATER. IN PARTICULAR, BUT WITHOUT LIMITATION, WE SHALL HAVE NO LIABILITY WITH RESPECT TO ANY USE OF INFORMATION PRESENTED ON ATE UP WITH MOTOR AND/OR THROUGH ITS RELATED SERVICES IN CONNECTION WITH THE REPAIR, MODIFICATION, APPRAISAL, PURCHASE, OR SALE OF ANY VEHICLE!
EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW, ATE UP WITH MOTOR SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL.
IF WE CAUSE DAMAGE TO YOU AND YOU ARE A CONSUMER IN EUROPE, WE LIMIT OUR LIABILITY TO THE MAXIMUM AMOUNT PERMISSIBLE IN YOUR COUNTRY OF RESIDENCE. LIABILITY WILL BE LIMITED TO FORESEEABLE DAMAGES ARISING DUE TO A BREACH OF MATERIAL CONTRACTUAL OBLIGATIONS TYPICAL FOR THIS TYPE OF CONTRACT. ATE UP WITH MOTOR IS NOT LIABLE FOR DAMAGES THAT RESULT FROM A NON-MATERIAL BREACH OF ANY OTHER APPLICABLE DUTY OF CARE. THIS LIMITATION OF LIABILITY WILL NOT APPLY TO ANY STATUTORY LIABILITY THAT CANNOT BE LIMITED, TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, LIABILITY CAUSED BY OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR OUR RESPONSIBILITY FOR SOMETHING WE HAVE SPECIFICALLY PROMISED TO YOU. YOU AND WE AGREE THAT OUR AND OUR AFFILIATES’ TOTAL LIABILITY IS LIMITED TO THE GREATER OF $50 OR THE AMOUNT ACTUALLY PAID BY YOU TO USE ATE UP WITH MOTOR AND/OR ITS RELATED SERVICES DURING THE 12 MONTHS PRECEDING THE CLAIM. TO THE EXTENT THAT OUR LIABILITY IS LIMITED OR EXCLUDED, THE LIMITATIONS OR EXCLUSIONS WILL ALSO APPLY TO THE PERSONAL LIABILITY OF OUR EMPLOYEES, LEGAL REPRESENTATIVES, AND VICARIOUS AGENTS.
INDEMNIFICATION
To the extent allowed by applicable law, you agree to indemnify and hold harmless Ate Up With Motor; its owner; its web host; its licensors, partners (if any), contractors, vendors, service providers; and their respective directors, officers, employees, and agents against any and all claims, liabilities, damages, demands, losses, costs, and expenses (including, without limitation, reasonable attorneys’ fees) related to or arising out of your access to and/or use of Ate Up With Motor and/or its related services, including, but not limited to, any violation(s) by you of these Terms of Use and/or any interactions between you and other Ate Up With Motor users; our advertisers and/or sponsors; and/or other third-party websites and/or online services to which Ate Up With Motor may link, which we may otherwise incorporate, which link to this website and/or its related services, and/or that you use in connection with your access to and/or use of Ate Up With Motor and/or its related services.
EXTERNAL LINKS
Links on Ate Up With Motor and/or its related services to other websites and/or online services are provided for the information of our visitors/users and/or for purposes of bibliographic reference and/or attribution. EXCEPT AS OTHERWISE REQUIRED BY LAW, ATE UP WITH MOTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO THE CONTENT, APPROPRIATENESS, ACCURACY, LEGALITY, SAFETY, UTILITY, OR FITNESS FOR ANY PURPOSE OF ANY WEBSITE OR ONLINE SERVICE TO WHICH WE MAY LINK (INCLUDING, WITHOUT LIMITATION, THE WEBSITES OF ANY ATE UP WITH MOTOR ADVERTISERS AND/OR SPONSORS) OR FOR YOUR USE OF ANY SUCH LINK, WEBSITE, OR SERVICE, WHICH IS ENTIRELY AT YOUR OWN RISK. SIMILARLY, EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW, WE ACCEPT NO RESPONSIBILITY FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OTHER WEBSITE OR ONLINE SERVICE THAT MAY LINK TO ATE UP WITH MOTOR AND/OR ITS RELATED SERVICES.
USE OF TRADEMARKS
Ate Up With Motor, its logo, and other associated icons and graphics are trademarks and/or service marks of Aaron Severson dba Ate Up With Motor.
These Terms of Use do not grant you any right or license to use the Ate Up With Motor name, our logo, or our other trademarks or service marks. All right, title, and interest in and to our name, logo, and other marks remain solely with Ate Up With Motor. (For guidelines regarding the reuse of other Ate Up With Motor content, see the “Reprint/Reuse Policy” section below.)
All other trademarks and/or service marks mentioned, described, and/or depicted on the Ate Up With Motor website and/or through its related services — including (though not limited to) the names, logos, and/or distinctive emblems of automakers and/or automotive models; the names and/or brand names of other automotive businesses; and/or the names of other products, services, organizations, publications, and/or websites — are the property of their respective owners. Except as otherwise expressly indicated, we have no affiliation with or endorsement by the holders of such marks, and no such affiliation or endorsement is implied or should be inferred. These Terms of Use do not grant you any right or license to use such marks, all right, title, and interest in and to which remain solely with their respective owners.
In certain cases, content presented on Ate Up With Motor and/or through its related services may use images, other media, and/or information provided by automakers, automotive suppliers, and/or other businesses or organizations, whether directly or through their respective press/PR representatives. In such cases, the source of the applicable images, other media, and/or information will be noted as appropriate in the applicable content (e.g., in the image captions of the applicable images and/or in the acknowledgments). Except as otherwise expressly indicated, the use in our content of images, other media, and/or information provided by any automaker, automotive supplier, or other business or organization does NOT imply that the applicable content was in any way authorized, reviewed, or endorsed by that automaker, supplier, business, or organization, and no such authorization, review, or endorsement should be inferred.
The opinions expressed in the content presented on Ate Up With Motor and/or through its related services are solely those of the individual(s) expressing those opinions and do not necessarily reflect the views of the owners of any applicable trademark(s) and/or service mark(s); of Ate Up With Motor or its web host, advertisers, licensors, partners (if any), contractors, vendors, or service providers; or of any other third party.
DISCLOSURE OF PAID ADVERTISEMENTS AND/OR ENDORSEMENTS
Ate Up With Motor may run paid banner and/or text advertisements and/or sponsored links from various advertisers. Such paid advertisements, whether banner ads, text links, or in some other form, will be identified with words such as, as appropriate, “Sponsor,” “Sponsors,” “Sponsored Link(s),” “Sponsored Content,” “Ad,” “Advertisement,” “Advertisement(s),” or “Paid Promotion” (and/or by images or icons containing such words).
Except as otherwise expressly indicated (e.g., in a review of a book or other product), references to, depictions of, or advertisements for products or services presented on Ate Up With Motor and/or through its related services do not constitute a recommendation of or endorsement by Ate Up With Motor of those products or services.
In the event that Ate Up With Motor receives financial compensation and/or other valuable consideration for any content we present other than paid advertisements (e.g., if we receive a free copy of a book to review), the nature of that compensation or consideration will be disclosed as part of the applicable content and/or otherwise adjacent to it.
FINANCIAL TRANSACTIONS
Financial transactions with us involving Ate Up With Motor (e.g., the purchase of advertisements on the site or contributions made via the payment button in the Support Ate Up With Motor box) are subject to our Financial Transactions Policy, which is incorporated into and forms part of the Ate Up With Motor Privacy Policy.
COMMENT POLICY
By submitting a comment to the Ate Up With Motor website:
- You affirm that you are at least 18 years old. You may not submit a comment if you are younger than 18. Except as otherwise required by law, we will promptly delete any comment submitted by a person we know or subsequently discover to be under the age of 18.
- You warrant and affirm that your comment, the contents thereof, and your use of the comment system do not violate any applicable law or regulation or infringe upon the copyrights or any other rights (e.g., privacy rights, publicity rights, personality rights, or trademark rights) of any other person or entity.
- To the extent allowed by applicable law, you agree to indemnify and hold harmless Ate Up With Motor; its owner; its web host; its licensors, partners (if any), contractors, vendors, service providers; and their respective directors, officers, employees, and agents against any and all claims, liabilities, damages, demands, losses, costs, and expenses (including, without limitation, reasonable attorneys’ fees) related to or arising out of your comment, the contents thereof, or your use of the comment system.
- To the extent allowed by applicable law, you grant Ate Up With Motor a worldwide, nonexclusive, royalty-free license to:
- Use, publish, and display your comment on the Ate Up With Motor website. (Please note that if the website’s “Recent Comments” Widget(s) are enabled, the name or pseudonym you entered into the “Name” field, and a link to your comment may also appear (along with other recent comments) in the “Recent Comments” box(es), which may be visible on the home page and/or other areas of the website as well as the specific post or page you commented on. The contents of published comments may also appear in search results of the website’s search function and/or in the site’s web feeds, if any.)
- Edit your comment as we deem appropriate.
- Copy your comment (or portions thereof) for reference, backup, and/or other administrative purposes.
- Transmit your comment via email to the site administrator; to the author of the post or page on which you submitted your comment; and, if applicable, to other users who have requested email notifications of replies and/or follow-up comments.
This license shall not apply to any material your comment may incorporate or contain that you do not have the legal rights to license or sublicense to us. The license shall be sublicensable to the extent reasonably necessary for us to exercise the licensed rights described above, but shall only be transferable as part of a business transfer (e.g., if we sell or otherwise transfer ownership of the Ate Up With Motor website and/or its assets).
- You further authorize us to:
- Send you email notifications of replies and/or follow-up comments, if you specifically request such notifications (which you may discontinue upon request).
- Respond to your comment via the email address you supply. (Please note that we may respond to your comment (or the associated comment thread, if any) via email in addition to or instead of publishing the comment on the Ate Up With Motor website, particularly if your comment includes a question or offer of assistance and/or if we need to clarify any pertinent details — for example, if you have submitted two very similar comments, we might email you to ask which one you want us to publish.)
- In the event that your comment contains factual information pertaining to Ate Up With Motor content (for example, if you offer a correction or addendum), reflect the factual substance of your comment in the applicable content (for example, by making the noted correction) and/or record the relevant fact(s) in our research notes.
- You acknowledge and agree that we may collect and use personal information we receive through and/or in connection with your comment as described in the Privacy Policy.
Comments on the Ate Up With Motor website are published at our sole discretion. Submitted comments may be screened prior to publication to prevent spamming and/or defuse contentious arguments, and/or may be subjected to certain automated tests in order to filter out submissions made by automated bots and discourage spamming and/or other malicious activity. We do not guarantee that any comment you submit will be published.
We may edit, decline to publish, unpublish, or delete any comment on this website at any time, at our sole discretion, with or without notice. Our reasons for editing, declining to publish, unpublishing, or deleting a comment typically include (but are not limited to) the following:
- The comment appears to be a duplicate or near-duplicate of one you previously submitted.
- Its content exceeds the maximum length allowed by the comment box or otherwise disrupts the formatting or functionality of the website.
- The text of the comment contains special characters and/or code that the website can’t properly display.
- The comment appears to contain or constitute malicious code, or contains links to external sites containing such code.
- The comment contains or constitutes spam.
- The comment includes copyrighted material without appropriate authorization, contains hyperlinks to such material, and/or may otherwise violate the rights and/or privacy of any person or entity.
- The comment contains or constitutes a paid endorsement that has not been appropriately disclosed (for example, if you recommend a business of which you are a paid spokesperson without disclosing that relationship in your comment).
- The comment includes abusive language, ad hominem attacks, or defamatory content.
- The comment was submitted by a person we believe to be under the age of 18.
- The comment was originally submitted in reply to another comment that has been deleted.
From time to time, comments may be inadvertently deleted due to technical issues or the restoration of the site database from older backup files.
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 submitted comment will be published or that any published comment will continue to be displayed on this website indefinitely.
When you submit a comment on this website, you may have the option to request email notifications each time a reply or follow-up comment is published. If you have previously requested such notifications and wish to stop receiving them, please contact us via email at admin (at) ateupwithmotor (dot) com, by using the Contact Form, or by submitting another comment asking us to discontinue the notifications, and we will do so at our earliest opportunity.
You are free to edit or delete any comment you have previously made on this website. However, since comments on Ate Up With Motor are usually moderated, which disables the comment editing/deletion features the site’s content management system normally provides, the easiest way to edit or remove an existing comment is to reply to it, addressing us and indicating what you would like to do (e.g., “Hey, administrator — I left this comment, but I’d like to delete it now”). Once we see the new message in the comment moderation queue, we will endeavor to make the change or deletion you request, to the extent we reasonably can. We will not publish your amendment/deletion request unless you ask us to do so or the context of the request reasonably suggests that it should be published. If you prefer, you may also contact us directly via email or the Contact Form, specifying which comment you would like us to edit or remove. (However you choose to contact us, please note that we may contact you via email to clarify or confirm your request prior to executing the actual change or deletion, especially if we aren’t sure exactly what you want us to do or if we need to take additional steps to verify your identity.)
Please note that if a comment is deleted from the website, archival copies of the original comment and its associated information may be retained in our records and/or in backup files and archives created by us and/or our web host. Under certain rare circumstances — e.g., the restoration of the site from a backup file — a previously deleted comment may reappear. In such instances, we will endeavor to promptly delete any such comments, but we cannot guarantee it. If you notice that your previously deleted comment has reappeared on the website, please let us know and we will remove the comment as soon as possible.
Opinions expressed in comments published on Ate Up With Motor are those of the respective commenters and do not necessarily represent the opinions of Ate Up With Motor or its web host, advertisers, licensors, partners (if any), contractors, vendors, or service providers. The publication or posting of a comment on Ate Up With Motor does NOT necessarily constitute our endorsement of any opinion, product, or service.
EXCEPT AS OTHERWISE REQUIRED BY LAW, ATE UP WITH MOTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY COMMENT PUBLISHED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, SUCH COMMENT’S APPROPRIATENESS, ACCURACY, LEGALITY, SAFETY, UTILITY, OR FITNESS FOR ANY PURPOSE) OR THE CONTENT, APPROPRIATENESS, ACCURACY, LEGALITY, SAFETY, UTILITY, OR FITNESS FOR ANY PURPOSE OF ANY WEBSITE OR ONLINE SERVICE TO WHICH SUCH COMMENT MAY LINK. YOUR USE OF ANY INFORMATION OR LINK CONTAINED IN ANY COMMENT ON ATE UP WITH MOTOR (IN PARTICULAR, THOUGH NOT LIMITED TO, COMMENTS CONTAINING TECHNICAL ADVICE OF ANY KIND) IS ENTIRELY AT YOUR OWN RISK.
We reserve the right to temporarily or permanently limit or deny access to the commenting feature, to the site as a whole, and/or to any related service(s) to visitors we believe to be under age 18; whose past comments have been unpublished and/or deleted for the above-mentioned or any other reason(s); and/or whose comments and/or other activity on the site and/or its related services we deem (in our sole judgment) abusive, disruptive, and/or to constitute spam.
CONTACT FORM AND EMAIL COMMUNICATION POLICY
By using the Contact Form, Advertising Inquiry Form, or any other contact or feedback forms we may offer, by submitting an Image Authorization Form or a California Privacy Request Form via the Do Not Sell My Personal Information page, or by sending us an email message via any of our ateupwithmotor.com email addresses:
- You affirm that you are at least 18 years old. Except as otherwise required by law, we will promptly delete any communication we receive from a person we know or subsequently discover to be under the age of 18. Except as otherwise required by law, requests or inquiries pertaining to children under 18 should be submitted by a parent, legal guardian, or other authorized adult representative.
- You warrant and affirm that your message and/or use of the contact or feedback forms does not violate any applicable law or regulation or infringe upon the copyrights or any other rights (e.g., privacy rights, publicity rights, personality rights, or trademark rights) of any other person or entity.
- You authorize us to respond to your inquiry as appropriate via the email address and/or other contact information you provide. Please note that while we endeavor to respond to all legitimate inquiries, we do not guarantee you will receive a reply except as required by law.
- You authorize us to (a) transmit your form submission (if applicable) via email to the site administrator; (b) perform automated tests on your submission or message in order to filter out messages sent by automated bots and discourage spamming and/or other malicious activity; and (c) where applicable, forward your message to another, more appropriate Ate Up With Motor account or email address so that we can properly file and/or respond to that message.
- To the extent allowed by applicable law, you grant us a limited, worldwide, nonexclusive, royalty-free license to copy your message (or portions thereof) for reference, backup, and/or other administrative purposes. This license (a) shall not apply to any material your message may incorporate or contain that you do not have the legal rights to license or sublicense to us; (b) shall be sublicensable to the extent reasonably necessary for us to exercise the licensed rights; and (c) shall only be transferable as part of a business transfer (e.g., if we sell or otherwise transfer ownership of the Ate Up With Motor website and/or its assets).
- In the event that your message contains factual information pertaining to Ate Up With Motor content (for example, if you offer a correction or addendum), unless you specifically indicate otherwise, you authorize us to reflect the factual substance of your message in the applicable content (for example, by making the noted correction) and/or record the relevant fact(s) in our research notes.
- You acknowledge that the California Privacy Request Form on the Do Not Sell My Personal Information page is intended solely for use by California residents (and/or their authorized agents) to submit requests and/or questions pertaining to their privacy rights under applicable California law. (See the Your California Privacy Rights page or the “Your California Privacy Rights” section of the Privacy Policy for more information about these rights.) You agree not to use that form for any other purpose. (For information about how to contact us regarding other privacy-related matters, please refer to the “Controllers/Responsible Parties, Questions, and How to Reach Us” section of the Privacy Policy.)
- For contact or feedback form submissions OTHER than California Privacy Request Form submissions, unless you specifically request otherwise, to the extent allowed by applicable law, you grant us a worldwide, nonexclusive, royalty-free license to use, publish, and display your message (or excerpts thereof) on the Ate Up With Motor website and/or its associated social media accounts to publicly respond to your question(s) and/or comment(s), and/or to support other users with similar concerns. This license (a) shall not apply to any material your message may incorporate or contain that you do not have the legal rights to license or sublicense to us; (b) shall be sublicensable to the extent reasonably necessary for us to exercise the licensed rights; and (c) shall only be transferable as part of a business transfer (e.g., if we sell or otherwise transfer ownership of the Ate Up With Motor website and/or its assets). If we publish your submission or an excerpt thereof, we will redact any information that appears to be personally identifying other than the name or pseudonym you supplied (unless you ask or authorize us to include other personally identifying information). If we have published or excerpted your submission in such a fashion and you wish us to amend and/or further redact the published information (e.g., to remove your name or substitute a pseudonym), we will make a reasonable effort to accommodate your request provided that it does not infringe upon the rights of others or attempt to impersonate some other individual or organization. If you wish us to completely unpublish your submission or the excerpts thereof, please let us know and we will endeavor to do so (to the extent we reasonably can) at our earliest opportunity. California Privacy Request Form submissions will NOT be published, although we may, to the extent required and/or otherwise permitted by applicable law and/or regulations, publish aggregate information about requests we receive (e.g., how many requests of a particular type we received in a given period).
- You acknowledge and agree that we may collect and use personal information we receive through and/or in connection with your message as described in the Privacy Policy.
We reserve the right to temporarily or permanently limit or deny access to the contact and/or feedback forms, to the site as a whole, and/or to any related service(s) to visitors we believe to be under age 18; who have used the forms to submit or attempt to submit spam and/or malicious code; and/or whose other activity on the site and/or its related services we deem (in our sole judgment) to be abusive and/or disruptive. We also reserve the right to blacklist and/or otherwise block email to any or all of our ateupwithmotor.com email addresses from senders that have engaged (and/or that we suspect of engaging) in spamming, the distribution of malicious code and/or programs, and/or other forms of malicious activity; that have sent abusive and/or threatening messages; and/or that we deem (in our sole judgment) to present a threat to our security and/or the security of others.
ACKNOWLEDGMENTS OF USER ASSISTANCE AND INFORMATION
If you provide us with significant assistance with Ate Up With Motor content (for example, if you supply images, suggest useful resources, or offer substantial factual corrections), the management of this website, and/or some related matter(s), we may elect to acknowledge and/or thank you by name or applicable pseudonym — e.g., in the “Acknowledgments” or “Notes on Sources” section of the applicable article(s) — unless you have specifically asked us not to or if your communications with us reasonably suggest that you prefer not to be acknowledged or identified. This acknowledgment will typically be limited to your name/pseudonym, the nature of your assistance, and (where applicable) the date(s), unless you expressly request that we publish some additional information as part of the acknowledgment. However, in some cases, certain other personal information may be obvious or implicit in such an acknowledgment — for example, the nature of your assistance might indicate where you work, or identify you as the owner of a particular car.
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 admin (at) ateupwithmotor (dot) com or by using 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 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 upon the rights of others or attempt to impersonate some other individual or organization.
REPRINT/REUSE POLICY
The following is our policy for the reuse of content on Ate Up With Motor and/or, where applicable, its related services:
- HYPERLINKS: You may publish, display, or otherwise share hyperlinks to the Ate Up With Motor website, its web feeds, or any individual page or post on the site. If we have Ate Up With Motor pages on third-party sites or services, you are also free to publish, post, or otherwise share links to those pages to the extent permitted under the terms of service/terms of use of the applicable site or service.
- HOTLINKING: You may NOT “hotlink” to any image, script, or other non-text element hosted on the Ate Up With Motor website without our permission. (To be clear, “hotlinking” means causing an image or element hosted on and served by Ate Up With Motor to be displayed or run on some other website or online service. For example, posting an image tag on your own website or forum with an HREF attribute 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.) For the avoidance of doubt, nothing in this provision is intended or shall be construed to in any way restrict or limit your rights to copy or use any content we use or offer under Creative Commons license(s); open source license(s); and/or other, similar license(s) (as described below) in any manner permitted under the terms of the specified license and/or otherwise permitted by applicable law. Furthermore, this stipulation does not apply to any images or content that are not actually hosted on and 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 and served by any other website or online service is subject to any terms and conditions stipulated by the hosting site/service and the applicable rights holder(s), which are outside of our control. See “Reusing Photos, Images, and/or Other Media Content” below for information on copying images from Ate Up With Motor. (Creative Commons, CC, the CC in a circle logo, CCPlus, CC+, the CC+ in a circle logo, CC0, all other Creative Commons license and public domain dedication marks, and their associated buttons and icons are trademarks or registered trademarks of Creative Commons.)
- REFERENCE USE: You may use our content as a reference for your own research, articles, or academic papers, provided that you (a) do not plagiarize our work and (b) include appropriate bibliographic citations. Naturally, you’re free to create and publish bibliographic citations of our content in whatever format(s) and/or language(s) are appropriate for your work.
- ACCESSIBILITY AND TRANSLATION: You are free to use accessibility aids and/or assistive technology (e.g., screen readers or automated text-to-speech readers) in any reasonable manner for purposes of enabling you to access and/or use the Ate Up With Motor website, its content, its web feeds, and/or its related services. You are also free to translate our content into languages other than English (either using automatic translation software or by some other means) for your own personal use or internal reference and/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 Ate Up With Motor’s written content (for example, a particular article or the text of a particular page) is offered under a Creative Commons license or some other, similar license — details of which will be specified within and/or adjacent to the applicable content — you may copy or use that portion of the content in any manner permitted under the terms of the specified license and/or otherwise permitted by applicable law. (Please note that licensed content may be subject to rights other than copyright that the license might not include — e.g., patent rights, trademark rights, likeness rights, publicity rights, personality rights, privacy rights, and/or moral rights — that may limit certain uses of that content that the license terms would otherwise permit.) EXCEPT TO THE EXTENT EXPRESSLY REQUIRED BY THE TERMS OF THE APPLICABLE LICENSE OR OTHERWISE REQUIRED BY APPLICABLE LAW, WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO ANY CONTENT WE OFFER UNDER SUCH A LICENSE, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OR COMPLETENESS OF ANY ASSOCIATED COPYRIGHT AND/OR OTHER RIGHTS INFORMATION. ANY USE OF SUCH CONTENT IS ENTIRELY AT YOUR OWN RISK. (Creative Commons, CC, the CC in a circle logo, CCPlus, CC+, the CC+ in a circle logo, CC0, all other Creative Commons license and public domain dedication marks, and their associated buttons and icons are trademarks or registered trademarks of Creative Commons.)
- Public domain material: In the event some specific portion of Ate Up With Motor’s written content incorporates written material that is in the public domain in your jurisdiction, or if we explicitly declare that we have released or dedicated certain Ate Up With Motor written content to the public domain, you may copy or use that public domain material 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, and that even if the material is in the public domain in your jurisdiction, it may still be subject to rights other than copyright — e.g., patent rights, trademark rights, likeness rights, likeness rights, publicity rights, personality rights, privacy rights, and/or moral rights — that may limit certain uses of that material.) If we have modified or adapted the version of public domain material that appears on Ate Up With Motor and/or its related services, you will need our prior authorization to reuse our modified or adapted version unless (1) we have licensed or assigned our rights (if any) in and to our modified or adapted version to a third party (in which case you may need the permission of that third party), (2) we have offered our modified or adapted version under a Creative Commons license or other license (as described above), (3) we have released or dedicated our modified or adapted version to the public domain, and/or (4) your use is otherwise permitted by applicable law. (We cannot provide any legal advice regarding public domain material. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO ANY PUBLIC DOMAIN MATERIAL WE PUBLISH OR DISPLAY ON ATE UP WITH MOTOR AND/OR THROUGH ITS RELATED SERVICES (WHETHER MODIFIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THE ACCURACY OR COMPLETENESS OF ANY ASSOCIATED COPYRIGHT AND/OR OTHER RIGHTS INFORMATION. ANY USE OF SUCH MATERIAL IS ENTIRELY AT YOUR OWN RISK. Creative Commons, CC, the CC in a circle logo, CCPlus, CC+, the CC+ in a circle logo, CC0, all other Creative Commons license and public domain dedication marks, and their associated buttons and icons are trademarks or registered trademarks of Creative Commons.)
- Material used under license: In the event some portion of Ate Up With Motor’s written content incorporates written material used under a Creative Commons license or some other, similar license, the source, attribution information, and applicable license will be noted within and/or adjacent to the applicable material. We cannot sublicense such material, but you are free to copy or use the licensed material in any manner permitted under the terms of the specified license (or any other license or terms offered by the applicable rights holder(s)) and/or otherwise permitted by applicable law. (Please note that the licensed material may be subject to rights other than copyright that the license might not include — e.g., patent rights, trademark rights, likeness rights, publicity rights, personality rights, privacy rights, and/or moral rights — that may limit certain uses of that material that the license terms would otherwise permit.) If we have modified or adapted such licensed material, we will indicate along with the attribution and license information whether our modifications and/or adaptations are also offered under the specified license (which certain licenses require). (Please note that we cannot provide any legal advice regarding Creative Commons licenses or other, similar licenses. EXCEPT TO THE EXTENT EXPRESSLY REQUIRED BY THE TERMS OF THE APPLICABLE LICENSE OR OTHERWISE REQUIRED BY APPLICABLE LAW, WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO ANY MATERIAL USED OR OFFERED UNDER SUCH A LICENSE, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OR COMPLETENESS OF ANY ASSOCIATED LICENSE, COPYRIGHT, AND/OR OTHER RIGHTS INFORMATION. ANY USE OF SUCH MATERIAL IS ENTIRELY AT YOUR OWN RISK. Creative Commons, CC, the CC in a circle logo, CCPlus, CC+, the CC+ in a circle logo, CC0, all other Creative Commons license and public domain dedication marks, and their associated buttons and icons are trademarks or registered trademarks of Creative Commons.)
- All other written content: You are free to print a copy of any portion of Ate Up With Motor’s written content and/or save a copy to your computer/device for your personal use or reference — and of course to create bibliographic citations in any applicable format — but except as otherwise specified above and/or otherwise permitted 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 and/or bibliographic citations) 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 (other than bibliographic citations), without our prior written permission or, for content not owned or otherwise administered by us, the authorization of the applicable rights holder(s). If the applicable rights holder(s) give you permission to reuse their content (whether directly or under a Creative Commons license or other license), you generally do not need any additional permission from us to do so unless you wish to reuse a version that we have modified or adapted, in which event you will also need our prior authorization unless (1) we have licensed or assigned our rights (if any) in and to our modified or adapted version to a third party (in which case you may need the permission of that third party), (2) we have offered our modified or adapted version under a Creative Commons license or other license (as described above), (3) we have released or dedicated our modifications and/or adaptations to the public domain, and/or (4) your use is otherwise permitted by applicable law. For the avoidance of doubt, nothing in this provision is intended or shall be construed to in any way restrict or limit any rights you may have under the terms of any applicable license pertaining to the use of such content. However, please note that such content may be subject to rights other than copyright that the license might not include — e.g., patent rights, trademark rights, likeness rights, publicity rights, personality rights, privacy rights, and/or moral rights — that may limit certain uses of that content that the license terms would otherwise permit; the same may be true of content that is in the public domain in your jurisdiction. (Creative Commons, CC, the CC in a circle logo, CCPlus, CC+, the CC+ in a circle logo, CC0, all other Creative Commons license and public domain dedication marks, and their associated buttons and icons are trademarks or registered trademarks of Creative Commons.)
- REUSING PHOTOS, IMAGES, AND/OR OTHER MEDIA CONTENT:
- Images or other media content we offer under a specific license: If we explicitly indicate that a specific image or other media content (e.g., an audio or video file) owned by us and used on Ate Up With Motor and/or its related services is offered under a Creative Commons license or some other, similar license — details of which will be specified in the applicable caption, otherwise adjacent to, and/or within that image or other media content (as appropriate) — you may copy or use that image or content in any manner permitted under the terms of the specified license and/or otherwise permitted by applicable law. (Please note that licensed images or other media content may be subject to rights other than copyright that the license might not include — e.g., patent rights, trademark rights, likeness rights, publicity rights, personality rights, privacy rights, and/or moral rights — that may limit certain uses of such images or other media content that the license terms would otherwise permit.) EXCEPT TO THE EXTENT EXPRESSLY REQUIRED BY THE TERMS OF THE APPLICABLE LICENSE OR OTHERWISE REQUIRED BY APPLICABLE LAW, WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO ANY IMAGES OR CONTENT WE OFFER UNDER SUCH A LICENSE, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OR COMPLETENESS OF ANY ASSOCIATED COPYRIGHT AND/OR OTHER RIGHTS INFORMATION. ANY USE OF SUCH IMAGES OR CONTENT IS ENTIRELY AT YOUR OWN RISK. (Creative Commons, CC, the CC in a circle logo, CCPlus, CC+, the CC+ in a circle logo, CC0, all other Creative Commons license and public domain dedication marks, and their associated buttons and icons are trademarks or registered trademarks of Creative Commons.)
- Public domain images or other media content: If an image or other media content used on Ate Up With Motor and/or its related services is in the public domain in your jurisdiction, or if we explicitly declare that we have released or dedicated a specific image or other media content owned by us and used on Ate Up With Motor and/or its related services to the public domain, you may copy or use that image or content in any manner permitted by applicable law. (Please note that images or other media content that are in the public domain in the U.S. are not necessarily in the public domain elsewhere and vice versa, and that even if the images or other media content are in the public domain in your jurisdiction, they may still be subject to rights other than copyright — e.g., patent rights, trademark rights, likeness rights, publicity rights, personality rights, privacy rights, and/or moral rights — that may limit certain uses of those images or that other media content.) If we have modified or adapted the version of a public domain image or other media content that appears on Ate Up With Motor and/or its related services, you will need our prior authorization to reuse our modified or adapted version unless (1) we have licensed or assigned our rights (if any) in and to our modified or adapted version to a third party (in which case you may need the permission of that third party), (2) we have offered our modified or adapted version under a Creative Commons license or other license (as described above), (3) we have released or dedicated our modified or adapted version to the public domain, and/or (4) your use is otherwise permitted by applicable law. (We cannot provide any legal advice regarding public domain images or other media content. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO ANY PUBLIC DOMAIN IMAGES OR OTHER MEDIA WE PUBLISH OR DISPLAY ON ATE UP WITH MOTOR AND/OR ITS RELATED SERVICES (WHETHER MODIFIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THE ACCURACY OR COMPLETENESS OF ANY ASSOCIATED COPYRIGHT AND/OR OTHER RIGHTS INFORMATION. ANY USE OF SUCH IMAGES OR OTHER MEDIA CONTENT IS ENTIRELY AT YOUR OWN RISK. Creative Commons, CC, the CC in a circle logo, CCPlus, CC+, the CC+ in a circle logo, CC0, all other Creative Commons license and public domain dedication marks, and their associated buttons and icons are trademarks or registered trademarks of Creative Commons.)
- Images or other media content used under license: If we use an image or other media content on Ate Up With Motor and/or its related services under a Creative Commons license or some other, similar license, the image source, attribution information, and applicable license will be indicated in the applicable caption, otherwise adjacent to, and/or within that image or other media content (as appropriate). We cannot sublicense such images or other media content, but you are free to copy or use the licensed image or content in any manner permitted under the terms of the specified license (or any other license or terms offered by the applicable rights holder(s)) and/or otherwise permitted by applicable law. (Please note that licensed images or other media content may be subject to rights other than copyright that the license might not include — e.g., patent rights, trademark rights, likeness rights, publicity rights, personality rights, privacy rights, and/or moral rights — that may limit certain uses of such images or other media content that the license terms would otherwise permit.) If we have modified or adapted the licensed image or other media content, we will indicate along with the attribution and license information whether our modifications and/or adaptations are also offered under the specified license (which certain licenses require). To avoid any confusion in such cases, you may assume that our modified and/or adapted versions of such licensed images or other media content are also offered under the specified license unless we explicitly indicate otherwise. (Please note that we cannot provide any legal advice regarding Creative Commons licenses or other, similar licenses. EXCEPT TO THE EXTENT EXPRESSLY REQUIRED BY THE TERMS OF THE APPLICABLE LICENSE OR OTHERWISE REQUIRED BY APPLICABLE LAW, WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO ANY IMAGES OR OTHER MEDIA USED OR OFFERED UNDER SUCH A LICENSE, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OR COMPLETENESS OF ANY ASSOCIATED LICENSE, COPYRIGHT, AND/OR OTHER RIGHTS INFORMATION. ANY USE OF SUCH IMAGES OR OTHER MEDIA CONTENT IS ENTIRELY AT YOUR OWN RISK. Creative Commons, CC, the CC in a circle logo, CCPlus, CC+, the CC+ in a circle logo, CC0, all other Creative Commons license and public domain dedication marks, and their associated buttons and icons are trademarks or registered trademarks of Creative Commons.)
- All other images or other media content: Except as otherwise specified above or otherwise allowed by applicable law, you may NOT copy, redistribute, or otherwise reuse any of the images or other media content on Ate Up With Motor without our prior written permission or, for images or other media content not owned or otherwise administered by us, the permission of the applicable rights holder(s). If the applicable rights holder(s) give you permission to reuse their images or other media content (whether directly or under a Creative Commons license or other license), you generally do not need any additional permission from us to do so unless you wish to reuse a version that we have modified or adapted, in which event you will also need our prior authorization unless (1) we have licensed or assigned our rights (if any) in and to our modified or adapted version to a third party (in which case you may need the permission of that third party), (2) we have offered our modified or adapted version under a Creative Commons license or other license (as described above), (3) we have released or dedicated our modifications and/or adaptations to the public domain, and/or (4) your use is otherwise permitted by applicable law. For the avoidance of doubt, nothing in this provision is intended or shall be construed to in any way restrict or limit any rights you may have under the terms of any applicable license pertaining to the use of such images or other media content. However, please note that such images or other media content may be subject to rights other than copyright that the license might not include — e.g., patent rights, trademark rights, likeness rights, publicity rights, personality rights, privacy rights, and/or moral rights — that may limit certain uses of those images or other media content that the license terms would otherwise permit; the same may be true of images or other media content that are in the public domain in your jurisdiction. (Creative Commons, CC, the CC in a circle logo, CCPlus, CC+, the CC+ in a circle logo, CC0, all other Creative Commons license and public domain dedication marks, and their associated buttons and icons are trademarks or registered trademarks of Creative Commons.)
- COMMENTS: Comments published on Ate Up With Motor are the property of the respective commenters. Except as otherwise allowed by applicable law, if you wish to reprint or reuse comment(s) on this website that were submitted by someone other than us, you will need the permission of the applicable commenter(s) (and/or other applicable rights holder(s)). We cannot grant such permission, but if you obtain the permission of the applicable commenter(s) (and/or other applicable rights holder(s)) to reprint or reuse their comment(s), you generally do not need any additional permission from us unless you also wish to reprint our comments and/or other content owned by us (for instance, if you want to reprint a comment thread between us and one or more other users). In general, the same is true of photographs, images, and/or other media content in comments submitted by people other than us.
- PROGRAMMATIC ELEMENTS: In the event that we distribute (or “convey,” as the Free Software Foundation defines that term in version 3 of the GNU General Public License) through or in connection with this website and/or its related services any programmatic elements (e.g., code snippets, software programs or elements thereof, and/or font files) offered, modified, and/or adapted under an open source license, some other type of free software license, a Creative Commons license, and/or other such license, you may use such licensed programmatic elements in any manner permitted under the terms of the specified license (or any other license or terms offered by the applicable rights holder(s)) and/or otherwise permitted by applicable law. (Please note that such licensed programmatic elements may be subject to rights other than copyright that the license might not include — e.g., patent rights, trademark rights, likeness rights, publicity rights, personality rights, privacy rights, and/or moral rights — that may limit certain uses of the licensed programmatic elements that the license would otherwise permit.) EXCEPT TO THE EXTENT EXPRESSLY REQUIRED BY THE TERMS OF THE APPLICABLE LICENSE OR OTHERWISE REQUIRED BY APPLICABLE LAW, WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO ANY SUCH LICENSED ELEMENTS, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OR COMPLETENESS OF ANY ASSOCIATED LICENSE, COPYRIGHT, AND/OR OTHER RIGHTS INFORMATION. ANY USE OF SUCH ELEMENTS IS ENTIRELY AT YOUR OWN RISK. (Free Software Foundation and GNU are trademarks or registered trademarks of Free Software Foundation, Inc. Creative Commons, CC, the CC in a circle logo, CCPlus, CC+, the CC+ in a circle logo, CC0, all other Creative Commons license and public domain dedication marks, and their associated buttons and icons are trademarks or registered trademarks of Creative Commons.)
- TRADEMARK USE: You may NOT use the Ate Up With Motor name, logo, or other trademarks or service marks, or the name or likeness of Ate Up With Motor’s owner, Aaron Severson, for any commercial purpose without our advance written permission except as otherwise permitted under the terms of an applicable license agreement and/or otherwise permitted by applicable law. Except as otherwise permitted under the terms of an applicable license agreement and/or otherwise permitted by applicable law, permission for the commercial use of trademarks and/or service marks we do not own or otherwise administer, or for the commercial use of the names and/or likenesses of third parties, must be obtained from the respective owner(s) of such mark(s) and/or the applicable third party or parties (or their respective heirs, successors, and/or assigns, where applicable); we cannot grant such permission. If you receive permission from the respective owner(s) and/or the applicable third party or third parties (or their respective heirs, successors, and/or assigns, where applicable) to use their mark(s), name(s), and/or likeness(es), you do not need any additional permission from us to do so unless your intended use also involves the use of our name, logo, other mark(s), and/or content, and/or the commercial use of the name and/or likeness of Ate Up With Motor’s owner, Aaron Severson, in which case you may also need our permission, except as otherwise specified in this Reprint/Reuse Policy, as otherwise permitted under the terms of an applicable license pertaining to the use of such content, and/or as otherwise permitted by applicable law. For the avoidance of doubt, nothing in this provision is intended or shall be construed to in any way restrict or limit any rights you may have under the terms of any applicable license pertaining to the use of content that contains, depicts, and/or incorporates trademarks and/or service marks and/or the name(s) and/or likeness(es) of any actual person(s), living or dead. However, please note that in many jurisdictions, commercial use of such content (e.g., in advertising) may require the permission of the respective owner(s) of such marks and/or of such person(s) (or their respective heirs, successors, and/or assigns, where applicable), even if the content itself is offered under a license that permits commercial use or is in the public domain in your jurisdiction. (We cannot provide any legal advice regarding trademark rights, likeness rights, publicity rights, personality rights, privacy rights, moral rights, or other such rights. EXCEPT AS EXPRESSLY REQUIRED BY THE TERMS OF THE APPLICABLE LICENSE (IF ANY) OR OTHERWISE REQUIRED BY APPLICABLE LAW, WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO ATE UP WITH MOTOR CONTENT, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OR COMPLETENESS OF ANY ASSOCIATED RIGHTS INFORMATION. ANY USE OF SUCH CONTENT IS ENTIRELY AT YOUR OWN RISK.)
- ALL OTHER CONTENT: In general, for other types of Ate Up With Motor content not otherwise described above, you may only copy, republish, repost, redistribute, or otherwise reuse that content or any portion of it (1) to the extent permitted under the terms of any applicable license terms or conditions we post or specify for or in connection with that content, (2) to the extent permitted under the terms of any other license or terms offered by the applicable rights holder(s), and/or (3) as otherwise permitted by applicable law. For content not owned or otherwise administered by us, if the applicable rights holder(s) give you permission to reuse their content (whether directly or under a Creative Commons license or other license), you generally do not need any additional permission from us to do so unless you wish to use a version that we have modified or adapted, in which event you will also need our prior authorization unless (1) we have licensed or assigned our rights (if any) in and to our modified or adapted version to a third party (in which case you may need the permission of that third party), (2) we have offered our modified or adapted version under a Creative Commons license or other license (as described above), (3) we have released or dedicated our modifications and/or adaptations to the public domain, and/or (4) your use is otherwise permitted by applicable law. For the avoidance of doubt, nothing in this provision is intended or shall be construed to in any way restrict or limit any rights you may have under the terms of any applicable license pertaining to the use of such content. However, please note that such content may be subject to rights other than copyright that the license might not include — e.g., patent rights, trademark rights, likeness rights, publicity rights, personality rights, privacy rights, and/or moral rights — that may limit certain uses of that content that the license terms would otherwise permit; the same may be true of content that is in the public domain in your jurisdiction. (Creative Commons, CC, the CC in a circle logo, CCPlus, CC+, the CC+ in a circle logo, CC0, all other Creative Commons license and public domain dedication marks, and their associated buttons and icons are trademarks or registered trademarks of Creative Commons.)
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.
USE OF USER-SUPPLIED IMAGES
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 license 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. Similarly, if you complete the Image Authorization Form or make some other license agreement, contract, editorial release, or other legal arrangement with us regarding the use of your Images, those terms will apply instead of the ones below. (Creative Commons, CC, the CC in a circle logo, CCPlus, CC+, the CC+ in a circle logo, CC0, all other Creative Commons license and public domain dedication marks, and their associated buttons and icons are trademarks or registered trademarks of Creative Commons.)
Otherwise, by providing any Images to us for use on Ate Up With Motor, you make the following agreement with us:
- You warrant and affirm that the Images: (a) are your own, original work(s), and wholly owned by you; or (b) are otherwise owned and/or administered by you; or (c) are derived or adapted from work(s) created by third parties that you have the legal rights to use, copy, reproduce, modify, adapt, distribute, publish, publicly display, and (as applicable) license and/or sublicense. If the Images are not your own, original work(s), you must inform us of their legal authorship and the nature and extent of your rights with respect to the Images.
- You warrant and affirm that you have the legal rights to use, copy, reproduce, modify, adapt, distribute, publish, and publicly display the Images and to license (and/or, if applicable, sublicense) the Images to us.
- To the extent allowed by applicable law, you agree to indemnify Ate Up With Motor; its owner; its web host; its licensors, partners (if any), contractors, vendors, service providers; and their respective directors, officers, employees, and agents against any and all claims, liabilities, damages, demands, losses, costs, and expenses (including, without limitation, reasonable attorneys’ fees) relating to your ownership and/or authorship of the Images; your rights to use, copy, reproduce, modify, adapt, distribute, publish, publicly display, license, and/or sublicense the Images; and/or your representations of your ownership, authorship, and/or rights with respect to the Images.
- You grant Ate Up With Motor a worldwide, nonexclusive, royalty-free license to use, publish, and display the Images on the Ate Up With Motor website and to use, copy, and reproduce the Images for routine backup and/or other administrative purposes, with the understanding that Ate Up With Motor will not publish, publicly display, or otherwise distribute the Images by any other means or sublicense the Images to any other website or entity (except as specifically required to use, publish, and display the Images on the Ate Up With Motor website, and/or for routine backup and/or other administrative purposes) without your prior authorization. Any preliminary art, preliminary production aids, intermediate production aids, and/or special printing aids used in or related to the production of the Images ARE NOT being sold to Ate Up With Motor as part of the licensing of the Images, and the nonexclusive, royalty-free license granted hereby for the use, publication, and display of the Images DOES NOT include the transfer of title to any preliminary art, preliminary production aids, intermediate production aids, or special printing aids.
- 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 (and/or to create electronic copies of those image files of appropriate size(s), format(s), filename(s), and metadata) for the specific purposes of using, publishing, and displaying the Images on the Ate Up With Motor website; clearly indicating their provenance; and/or routine backup and/or other 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.)
- You acknowledge and agree that for the purposes of (and/or in the course of) exercising the rights granted by the above license, Ate Up With Motor may collect, process, use, publish, and/or display any personal information or potentially personally identifiable information that may be visible in the Images, and/or otherwise contained in the digital image files and/or their associated metadata, as described in the “Data in Submitted Images” section of the Ate Up With Motor Privacy Policy.
- You agree that you may cancel or terminate the license granted to Ate Up With Motor hereby at any time and for any reason, provided that you notify Ate Up With Motor via email at least seven (7) days prior to the effective date of such cancellation or termination, to allow time to remove the Images from the Ate Up With Motor website. You further agree that in the event that you elect to license or assign your rights to the Images to any other publication or entity in any manner that would effectively terminate the license granted to Ate Up With Motor hereby (e.g., selling exclusive rights to the Images to a magazine or news service), you will notify Ate Up With Motor via email at least seven (7) days prior to the effective date of such license or assignment, to allow time to remove the Images from the Ate Up With Motor website.
- You affirm your consent to electronic communications and the use of electronic records (in the form of plain text and/or HTML email) with respect to this agreement and any amendments, cancellation, or termination thereof. By consenting, you confirm that you have access to the hardware and software required to receive, open, and retain the electronic records: (a) a valid email address, (b) a device with an Internet connection and software capable of receiving plain text and HTML email communications, and (c) sufficient storage space to store such communications electronically and/or a printer on which you can print them; Ate Up With Motor will promptly notify you of any material changes to these hardware and software requirements. You agree to promptly notify Ate Up With Motor via email in the event of any change to your preferred contact email address. You may request paper copies of this agreement and/or related documents by contacting Ate Up With Motor via email or via postal mail at 11100 National Bl. #3, Los Angeles, CA 90064, USA, and providing a mailing or delivery address at which you can receive records on paper or in other nonelectronic form; we will not charge a fee for such copies. You may withdraw your consent for electronic records at any time by notifying us via email or at the postal mailing address listed above. In the event that your withdrawal of consent in any way conflicts with the above requirement to notify us via email of any cancellation or termination of the license granted under this agreement, you agree to immediately notify us of your intent to terminate the license and allow Ate Up With Motor at least seven (7) days from our constructive receipt of your notice of termination to remove the Images from the Ate Up With Motor website.
- You acknowledge and agree that in the event you cancel or terminate the license granted to Ate Up With Motor hereby, Ate Up With Motor may retain archival copies of the Images for administrative purposes and/or as part of backup files created by Ate Up With Motor and/or its web host. However, Ate Up With Motor will not publish, publicly display, or otherwise distribute such copies (except to the extent necessary for routine backup and/or other administrative purposes) without your authorization.
- You acknowledge and agree that Ate Up With Motor has the right to decline to use any Images or to remove any Images from the Ate Up With Motor website at any time, with or without notice.
- You agree to the Contact Form and Email Communication Policy and the collection and use of your personal information as described in the Privacy Policy.
COPYRIGHT/INTELLECTUAL PROPERTY VIOLATIONS
If you believe that any material (e.g., photos, images, and/or other content) used on or linked to by Ate Up With Motor and/or its related services violates your copyright (or other intellectual property right(s)), you can submit a notice to the owner, Aaron Severson, via email at copyright (at) ateupwithmotor (dot) com or via postal mail at:
Aaron Severson
Attn: Ate Up With Motor
11100 National Bl. #3
Los Angeles, CA 90064
USA
For copyright notices, please be sure that your notice includes all of the following:
- Identification of the copyrighted work claimed to have been infringed, or, if the claim involves multiple copyrighted works, a representative list of such works, and:
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material, and:
- Information reasonably sufficient to permit us to contact you, and:
- Your statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and:
- Your statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner of, or are authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed; and:
- The physical or electronic signature of the owner of, or a person authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
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 described in your notice was provided to us by a third party, we reserve the right to forward a copy of your claim to that third party (since the claim may implicate their rights).
We will take reasonable efforts to terminate access to Ate Up With Motor and/or its related services by a user who is determined to be a repeat infringer of copyrights or other intellectual property rights (e.g., by blocking that visitor’s access to the comment system).
CHANGES TO THIS WEBSITE AND/OR ITS RELATED SERVICES
We may update, change, or discontinue the Ate Up With Motor website, its content, Ate Up With Motor’s related services, or any portion thereof at any time, at our sole discretion. Unless we indicate otherwise, these Terms of Use will apply to any updates, changes, or additions to this website or its related services.
TERMINATION AND SEVERABILITY
If you wish to terminate this agreement, you may simply discontinue accessing or using Ate Up With Motor and its related services. Ate Up With Motor may terminate your access to any or all parts of Ate Up With Motor and/or to any or all its related services, with or without cause or notice, at any time, effective immediately, including if we believe, in our sole discretion, that you have violated these Terms of Use or any other applicable terms or policies.
ANY PROVISIONS OF THESE TERMS OF USE WHICH BY THEIR NATURE SHOULD SURVIVE TERMINATION (INCLUDING, WITHOUT LIMITATION, WARRANTY DISCLAIMERS, INDEMNITY, LIMITATIONS OF LIABILITY, LICENSES FOR THE USE OF YOUR COMMENTS AND/OR FORM SUBMISSIONS, AND PROVISIONS PERTAINING TO THE OWNERSHIP OF TRADEMARKS AND/OR SERVICE MARKS) SHALL SURVIVE TERMINATION. In the event of termination, we shall have the right, but not the obligation, to unpublish any or all of your published comments and/or any or all of your form submissions (or excerpts thereof) that we have previously published. You may also request that we unpublish any or all of your published comments and/or previously published form submissions (or excerpts thereof), which we will endeavor to do (to the extent we reasonably can) at our earliest opportunity following our receipt of your request.
If any part of these Terms of Use is held to be invalid or unenforceable, that part will be construed to reflect the parties’ original intent and the remaining portions will remain in full force and effect.
JURISDICTION AND GOVERNING LAW
Except to the extent otherwise provided by applicable law, these Terms of Use and any access to and/or use of Ate Up With Motor and/or its related services will be governed by the laws of the State of California, USA, excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods. The proper venue for any disputes arising out of or relating to these Terms of Use and/or any access to and/or use of the Ate Up With Motor website and/or its related services will be the state and/or federal courts located in Los Angeles County, California, USA. Nothing in these Terms of Use affects your rights as a consumer to rely on mandatory provisions in your country of residence.
CALIFORNIA CONSUMER NOTICE
To the extent that Ate Up With Motor and/or its related services constitute an “electronic commercial service,” as that term is defined in the Electronic Commerce Act of 1984 (California Civil Code Section 1789 et seq.), California Civil Code Section 1789.3 requires us to provide the following notice:
- The “provider of service,” as that term is defined in California Civil Code Section 1789.2(c), is the owner and operator of the ateupwithmotor.com website, Aaron Severson dba (doing business as) Ate Up With Motor, 11100 National Bl. #3, Los Angeles, CA 90064, USA. Certain of Ate Up With Motor’s related services may use platforms and/or services provided by third parties (e.g., social media platforms on which we have Ate Up With Motor pages and/or accounts).
- There is currently no charge to access or use the ateupwithmotor.com website or Ate Up With Motor’s related services, other than the charges for any purchases or voluntary contributions you may make through or in connection with the website or its related services (e.g., the purchase of advertising on the website and/or contributions made using the payment button in the “Support Ate Up With Motor” box) and any taxes, fees, shipping costs, and/or other related charges that may apply to such purchases or contributions. However, where Ate Up With Motor’s related services use platforms and/or services provided by third parties (e.g., social media platforms on which we have Ate Up With Motor accounts and/or pages), such third parties may separately impose charges for access to and/or use of their platforms and/or services, which is outside of our control.
- To resolve a complaint regarding Ate Up With Motor or its related services, or to receive further information regarding use of Ate Up With Motor and/or its related services, please contact us via postal mail at the above address, via email at admin (at) ateupwithmotor (dot) com, by using the Contact Form, or by telephone at (310) 909-7846. (IMPORTANT NOTE: Calls or messages to this number — which is provided by the Google Voice communications service — may be transcribed and/or recorded, and transcriptions, recordings, call notifications (including notifications of missed calls), texts, and/or other messages may be transmitted via email. All communications made or received through this number are subject to any applicable Google terms and policies (including, but not limited to, the ones listed in the Google Voice “Additional Terms of Service” help page; the Google Privacy Policy; and, where applicable, the Google Telephony Services Privacy Disclosure) as well as to the Ate Up With Motor Privacy Policy. Google, Google Voice, Google Workspace, and other related marks and logos are trademarks of Google LLC. Ate Up With Motor is not affiliated with or endorsed by Google in any way.) If you have questions or complaints, you may also submit them to us via any other contact method we may reasonably specify or make available to you for that purpose (e.g., the contact information listed on our invoices, or, where applicable, in our written agreement(s) or other business communications).
- If you have a complaint, you can also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by telephone at (800) 952-5210 (or TTY (800) 735-2929 for the hearing impaired) or in writing at 1625 North Market Bl., Suite N 112, Sacramento, CA 95834, USA.
MISCELLANEOUS
The Terms of Use constitute the entire agreement between Ate Up With Motor and you concerning the subject matter thereof. These Terms of Use will be binding upon and will inure to the benefit of the parties and their respective heirs, successors, and permitted assigns.
We may assign our rights under these Terms of Use without condition. You may only assign your rights under these Terms of Use with our prior written consent.
A waiver by either party of any term or condition of these Terms of Use, or any breach thereof, in any one instance will not waive such term or condition or any subsequent breach thereof.
REVISIONS
These terms and conditions may be revised from time to time, at our sole discretion. If we do make changes, they will be summarized in the “recent revisions” list below; we may also provide additional notice in other ways (e.g., by updating the “Recent Policy Updates” box and/or by sending out email notifications).
Any such revisions will apply on a going-forward basis and, unless we indicate otherwise, will be effective immediately once posted on this page. By continuing to use or access the Ate Up With Motor website and/or its related services after the effective date of any such revision, you agree to be bound by the revised Terms of Use. You have the right to object to any changes at any times by ceasing to use or access Ate Up With Motor or its related services.
Recent revisions:
- November 13, 2023: In General Representations, updated the hyperlinks to the OFAC sanctions lists.
- April 24, 2023: In Use of User-Supplied Images, updated the fourth numbered provision to change the first instance of “intermediate production aids, and special printing aids …” to “intermediate production aids, and/or special printing aids …” Fixed a typographical error in California Consumer Notice (a nonprintable character had been inadvertently inserted after the telephone number in item No. 3). Fixed a spelling error in the July 20, 2022 entry below. Tinkered with the wording of this summary after initial publication.
- April 19, 2023: In User of User-Supplied Images, revised the fourth numbered provision to change “or license the Images to any other website or entity” to “or sublicense the Images to any other website or entity” and revised the sixth numbered provision to change “any personally identifying or potentially personally identifying information that may be visible …” to “any personal information or potentially personally identifiable information that may be visible …” for greater consistency with the wording of the Privacy Policy.
- January 11, 2023: In Use of User-Supplied Images, revised the sixth numbered provision to change “section of the Privacy Policy” to “section of the Ate Up With Motor Privacy Policy” for consistency with the wording of the Image Authorization Form.
- December 18, 2022: In Disclaimer of Warranties, deleted the parenthetical aside beginning “(OR ANY CONTENT, PRODUCTS, AND/OR SERVICES DIRECTLY …” from the final paragraph and moved that text to the first paragraph, so that it precedes the final sentence of the first paragraph, which previously began “ANY ACCESS TO AND/OR USE OF …” Revised the latter sentence to change “ANY ACCESS TO AND/OR USE OF” to “YOU UNDERSTAND THAT YOUR ACCESS TO AND/OR USE OF” for clarity and emphasis. Also in that paragraph, changed “EXPRESSLY REQUIRED BY THE TERMS …” to “TO THE EXTENT EXPRESSLY REQUIRED BY THE TERMS …” In Reprint/Reuse Policy, changed all instances of the phrase “EXCEPT AS EXPRESSLY REQUIRED BY THE TERMS …” to “EXCEPT TO THE EXTENT EXPRESSLY REQUIRED BY THE TERMS …”
- December 17, 2022: As a global change (except in this Revisions section), changed all instances of the phrase “Unless otherwise required” to “Except as otherwise required” (maintaining the existing capitalization). In Reprint/Reuse Policy, changed all instances of “UNLESS EXPRESSLY REQUIRED” to “EXCEPT AS EXPRESSLY REQUIRED” for consistency.
- December 12, 2022: In California Consumer Notice, changed “as that term is defined by …” to “as that term is defined in …” and changed “(as defined in subdivision (c) of California Civil Code Section 1789.2)” to “as that term is defined in California Civil Code Section 1789.2(c),” set off with commas, for consistency of usage.
- December 1, 2022: In Use of User-Supplied Images, amended the fourth numbered provision to clarify that the license does not include the sale of preliminary art, preliminary production aids, intermediate production aids, or special printing aids, if any. Tinkered with the wording after initial publication.
- November 17, 2022: In Credits and License for This Document, added an express disclaimer of affiliation or endorsement after the trademark notice.
- October 28, 2022: In Changes to This Website and/or Its Related Services, changed “may update, change, or discontinue the Ate Up With Motor website, Ate Up With Motor’s related services, or any portion thereof” to “may update, change, or discontinue the Ate Up With Motor website, its content, Ate Up With Motor’s related services, or any portion thereof” (mostly for greater consistency with the wording of the preamble and other language in these terms and conditions).
- October 5, 2022: In General Representations, changed the phrases “in our sole judgment” and “at our sole discretion” to “in our sole discretion” for wording consistency.
- September 23, 2022: In General Representations, updated the link to the OFAC sanctions page.
- September 1, 2022: As a global change, adjusted the formatting of certain bullet-pointed lists for stylistic consistency. Also fixed some inconsistent capitalization in General Representations.
- August 10, 2022: In Use of User-Supplied Images, amended the fourth numbered provision to remove the italics from the word “nonexclusive” for formatting consistency.
- July 20,2022: In Copyright/Intellectual Property Violations, added a different contact email. (The general admin one is also acceptable, but the new one is preferable.)
- July 19, 2022: In Copyright/Intellectual Property Violations, changed “violates your copyright” to “violates your copyright (or other intellectual property right(s))” and changed “Please be sure that your notice includes …” to “For copyright notices, please be sure that your notice includes …”
- July 14, 2022: In Comment Policy, added a bullet point to the examples of reasons for editing, declining to publish, unpublishing or deleting a comment regarding special characters and/or code that the website can’t properly display.
- July 9, 2022: In Credits and License for This Document, updated the link to the WordPress.com Terms of Service. After initial publication, updated the August 24, 2015 entry below to make the same change.
- July 5, 2022: In Disclaimer of Warranties, made some minor wording adjustments and clarifications. In Limitation of Liability, added a new paragraph regarding the rights of consumers in Europe. In External Links and Comment Policy, changed “EXPRESSED OR IMPLIED” to “EXPRESS OR IMPLIED”; the former was a typographical error. In Reprint/Reuse Policy, changed various instances of “EXCEPT AS EXPRESSLY REQUIRED” to “UNLESS EXPRESSLY REQUIRED” for wording consistency. Also removed the color variations in the text in the interests of readability. (The boldface remains.) In Changes to this Website and/or Its Related Services, added a clarification that these Terms of Use will also apply to any updates, changes, or additions to this website or its related services. In Termination and Severability, made some clarifications to our right to terminate access. In Jurisdiction and Governing Law, added a reference to the UN Convention of Contracts for the International Sale of Goods and an additional note regarding consumer rights in other countries. Also added “USA” after “California” (mostly for consistency), separated with a comma. In Revisions, made some clarifications regarding the effective date of changes and their applicability, also deleting the sentence beginning “However, any dispute that arose …” (which the revised language makes redundant) and fixing a typo. Tinkered with these revisions after initial publication.
- June 23, 2022: In the November 28, 2021 entry below, corrected both erroneous references to the “Most Recent Policy Updates” box (which was an editorial error; that box was and is called “Recent Policy Updates”).
- June 18, 2022: In Comment Policy, adjusted the link attributes of the hyperlink to the Privacy Policy, for consistency. In California Consumer Notice, revised the wording of the Google Voice disclosure to more closely match the one in the Privacy Policy, for internal consistency. Tinkered with these revisions after initial publication.
- June 13, 2022: In Financial Transactions, amended the link to the Privacy Policy to make “Ate Up With Motor” part of the anchor text for the link. In Copyright/Intellectual Property Violations, made a variety of wording changes (including revising the text to refer only to alleged copyright violations, not other intellectual property rights). In California Consumer Notice, revised the first numbered provision to more closely reflect the statutory definitions. Made some minor wording changes to the third numbered provision and added a sentence clarifying that questions or complaints can also be submitted via any other contact method we may reasonably specify or make available to you for that purpose (for consistency with the Financial Transactions Policy). Also rearranged the Department of Consumer Affairs information to put the telephone numbers before the address and added “USA” to their postal address for stylistic consistency. Tinkered with these revisions after initial publication.
- June 5, 2022: In Comment Policy, changed “The comment violates or appears to violate Federal Trade Commission guidelines regarding the disclosure of paid endorsements” to “The comment contains or constitutes a paid endorsement that has not been appropriately disclosed” (leaving the existing parenthetical example). Tinkered with these revisions after initial publication.
- May 31, 2022: Made some updates to Disclosure of Paid Advertisements and/or Endorsements, including adding “Ad” as one of the words that may be used to identify paid advertisements or sponsored content and removing the parenthetical stipulation about multi-page content.
- May 29, 2022: In Credits and License for This Document, clarified the wording of the license language.
- May 25, 2022: In Minimum Age Requirements, updated the reference and links to the FTC “Protecting Kids Online” pages, which have moved and no longer seem to be directly related to the FTC OnGuardOnline initiative. (OnGuardOnline remains a registered trademark of the United States Federal Trade Commission.) Further amended the text of that section to also suggest contacting the providers of the operating system(s) and/or other software you use for information about their parental controls.
- May 12, 2022: In Contact Form and Email Communication Policy, revised the bullet point beginning “For contact or feedback forms OTHER than …” to change “we will endeavor to do so at our earliest opportunity” to “we will endeavor to do so (to the extent we reasonably can) at our earliest opportunity.” In Termination and Severability, changed “which we will do at our earliest opportunity upon receipt of your request” to “which we will endeavor to do (to the extent we reasonably can) at our earliest opportunity following our receipt of your request” for clarity and consistency. Tinkered with these revisions after initial publication.
- May 3, 2022: In Use of User-Supplied Images, changed “Otherwise, by submitting any Images to us, …” to “Otherwise, by providing any Images to us for use on Ate Up With Motor, …” for greater clarity and amended the last numbered provision to change “decline to use any Images to remove any Images &helip;” to “decline to use any Images or to remove any Images …” to fix a typographical error.
- April 28, 2022: In General Representations, updated the language regarding economic sanctions and U.S. lists of prohibited or restricted parties, and added an explicit stipulation that we may restrict or block your access if we determine that it may cause a violation or create unacceptable risk to us under applicable export controls or sanctions. (This updated language is adapted from the latest version of the Terms of Service for WordPress.com described in Credits and License for This Document.)
- April 12, 2022: In Minimum Age Requirements, changed “privacy-related requests and/or other legal inquiries …” to “requests or inquiries …” In Comment Policy, updated the first numbered provision to add a sentence: “Unless otherwise required by law, we will promptly delete any comment submitted by a person we know or subsequently discover to be under the age of 18.” In the list of typical reasons for editing, declining to publish, unpublishing, or deleting a comment, changed “We believe the commenter was under the age of 18” to “The comment was submitted by a person we believe to be under the age of 18.” In Contact Form and Email Communication Policy, revised the first numbered provision to change “Except as otherwise required by law, if we receive a communication from a person we know to be under the age of 18, we will promptly delete all copies of the message without acknowledging or responding to it” to “Unless otherwise required by law, we will promptly delete any communication we receive from a person we know or subsequently discover to be under the age of 18” and change “privacy-related requests or questions” to “requests or inquiries” for internal consistency. Also deleted the sentence about being unable to respond to communications from persons under 18 (since in some cases, a response may be legally required) and set “You affirm that you are at least 18 years old” in boldface. Tinkered with these revisions after initial publication.
- April 11, 2022: In Disclaimer of Warranties, changed “OUR WEB HOST” to “ITS WEB HOST” and changed “NEITHER WE NOR OUR WEB HOST, …” to “NEITHER ATE UP WITH MOTOR NOR ITS WEB HOST, …” In Limitation of Liability, changed “NOR OUR WEB HOST” to “NOR ITS WEB HOST” and changed “VENDORS, AND SERVICE PROVIDERS” to “VENDORS, OR SERVICE PROVIDERS” for grammar and consistency. In Use of Trademarks, changed “of our web host, …” to “of Ate Up With Motor or its web host, …” In Indemnification and Comment Policy, changed “our web host; our licensors …” ” to “its web host; its licensors …” In Comment Policy, also changed “our web host, …” to “its web host, …” In Reprint/Reuse Policy, updated the provision on Trademark Use to change “name, our logo, or our other trademarks …” to “name, logo, or other trademarks …” In Use of User-Supplied Images, changed “our web host; our licensors, …” to “its web host; its licensors …” for consistency with the rest of these terms and the Image Authorization Form.
- March 28, 2022: In Disclosure of Paid Advertisements and/or Endorsements, changed “the nature of that compensation …” to “the nature of that compensation or consideration …” In Use of User-Supplied Images, further tinkered with the wording of the provision regarding electronic records in the interests of clarity. (We made a number of additional adjustments to these revisions after initial publication.)
- March 27, 2022: In the Comment Policy and Contact and Email Communication Policy, changed “You consent to our collection and use of personal information …” to “You acknowledge and agree that we may collect and use personal information …” In the latter section, also changed “submit requests or questions” to “submit requests and/or questions” for wording consistency. In Use of User-Supplied Images, changed “You consent to Ate Up With Motor’s collection, processing, and publication of any personally identifying or potentially personally identifying information shown in the Images …” to “You acknowledge and agree that for the purposes of (and/or in the course of) exercising the rights granted by the above license, Ate Up With Motor may collect, process, use, publish, and/or display any personally identifying or potentially personally identifying information that may be visible in the Images, …” and added a comma before “as described …” In the subsequent provision in that section regarding electronic records, ended the first sentence at “termination thereof” and added a sentence about hardware and software requirements and changed “In the event that you withdraw your consent to the requirement …” to “In the event that your withdrawal of consent in any way conflicts with the above requirement …” in the interests of clarity. Tinkered with these revisions after initial publication.
- March 25, 2022: In Use of User-Supplied Images, fixed a typo in the numbered provision beginning “You agree that you may cancel …” (“to remote the Images” was supposed to read “to remove the Images”).
- March 14, 2022: In Reprint/Reuse Policy, updated the Reference Use provision to read “You may use our content as a reference for your own research, articles, or academic papers, provided that you (a) do not plagiarize our work and (b) include appropriate bibliographic citations. Naturally, you’re free to create and publish bibliographic citations of our content in whatever format(s) and/or language(s) are appropriate for your work.”
- March 2, 2022: In the preamble, changed “this website” to “the ateupwithmotor.com website”; changed “For the purposes of these Terms of Use, “we,” “us,” and “our” shall be deemed to refer to …” to “For the purposes of these Terms of Use, the words “we,” “us,” and “our” refer to …”; and changed “the owner of this website” to “the owner and operator of the ateupwithmotor.com website”. Also changed “(e.g., our professional writing/writing consulting services or other employment, or other websites we own and/or operate)” to “(e.g., the owner’s professional writing/writing consulting services or other websites).” In California Consumer Notice, changed “and its related services” to “and/or its related services”; changed “Ate Up With Motor is owned and operated …” to “The ateupwithmotor.com website is owned and operated …”; changed “Certain of our related services …” to “Certain of Ate Up With Motor’s related services …”; changed “social media services” to “social media platforms” for internal consistency; changed both instances of “platforms provided …” to “platforms and/or services provided …”; changed “the Ate Up With Motor website or its related services” to “the ateupwithmotor.com website or Ate Up With Motor’s related services”; changed “the purchase of advertising on this website” to “the purchase of advertising on the website”; changed “our related services” to “Ate Up With Motor’s related services”; changed “If you have questions or complaints, …” to “If you have a question or complaint, or if you would like to receive further information regarding Ate Up With Motor and/or its related services, …”; and changed “to that number” to “to this number”. In Revisions, changed “of the website …” to “of the Ate Up With Motor website …” Tinkered with these revisions after initial publication.
- February 28, 2021: In California Consumer Notice, changed “social media platforms on which we have Ate Up With Motor’s social media accounts and/or pages” to “social media platforms on which we have Ate Up With Motor accounts and/or pages” (to avoid redundancy and fix a typographical error). Tinkered a bit with these revisions after initial publication.
- February 12, 2022: In Comment Policy, revised the paragraph beginning “You are free to edit or delete …” to change “especially if we aren’t sure exactly what you want us to do” to “especially if we aren’t sure exactly what you want us to do or if we need to take additional steps to verify your identity” (to make the wording consistent with the Privacy Policy).
- February 6, 2022: In Use of User-Supplied Images, revised the first numbered provision to change “You affirm that …” to “You warrant and affirm that …” In Copyright/Intellectual Property Violations, changed “you expressly authorize us to forward your claim to that third party” to “we reserve the right to forward a copy of your claim to that third party (since the claim may implicate their rights).”
- February 1, 2022: In the preamble, changed “U.S.A.” to “USA” for internal consistency. In Jurisdiction and Governing Law, changed “will be governed by the laws of the state of California (excluding its conflict of law provisions) and of the United States of America” to “will be governed by the laws of the State of California, USA, excluding its conflict of law provisions.” (This is the wording currently used in the WordPress.com Terms of Service described in Credits and License for This Document, although they don’t capitalize “state” and style “U.S.A.” with periods.) Tinkered a bit with these revisions after initial publication.
- January 24, 2022: In Reprint/Reuse Policy, updated the Hotlinking provision to change “open-source” to “open source”; change “copy and/or use” to “copy or use”; and change “in any manner the terms of the applicable license permit” to “in any manner permitted under the terms of the specified license and/or otherwise permitted by applicable law.” Also made a minor formatting adjustment to the boldface portion of that provision’s text. Revised the “Public domain images or other media content” provision to change “that may limit certain uses of such images or content” to “that may limit certain uses of those images or that other media content” for consistency. Also added the phrase “(We cannot provide any legal advice regarding public domain images or other media content” before the disclaimer in that provision for consistency with the “Public domain material” provision. Updated the Programmatic Elements provision to change “the GNU General Public License, version 3” to “version 3 of the GNU General Public License” and change “under a Creative Commons license and/or open-source license(s)” to “under an open source license, some other type of free software license, a Creative Commons license, and/or other such license”; and add a sentence after that one: “(Please note that such licensed programmatic elements may be subject to rights other than copyright that the license might not include — e.g., patent rights, trademark rights, likeness rights, publicity rights, personality rights, privacy rights, and/or moral rights — that may limit certain uses of the licensed programmatic elements that the license would otherwise permit.)” Throughout that section, also changed all instances of “e.g., trademark rights, likeness rights, …” to “e.g., patent rights, trademark rights, likeness rights, …” for consistency. Tinkered further with these revisions after initial publication.
- January 23, 2022: In Reprint/Reuse Policy, updated the “Written content we offer under a specific license”; “Material used under license”; “All other written content”; “Images or other media content we offer under a specific license”; “Images or other media content used under license”; and Programmatic Elements provisions to change the phrase “or otherwise permitted by applicable law” to “and/or otherwise permitted by applicable law”. In the “Written content we offer under a specific license” provision, changed “(for example, a particular article or page)” to “(for example, a particular article or the text of a particular page)” and added a parenthetical note after the sentence ending “permitted by applicable law”: “(Please note that licensed content may be subject to rights other than copyright that the license might not include — e.g., trademark rights, likeness rights, publicity rights, personality rights, privacy rights, and/or moral rights — that may limit certain uses of that content that the license terms would otherwise permit.)” Also revised the disclaimer language to change “ANY MATERIAL” to “ANY CONTENT” and change “SUCH MATERIAL” to “SUCH CONTENT for wording consistency. In the “Public domain material” provision, changed “incorporates material” to “incorporates written material” and changed “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” to “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, and that even if the material is in the public domain in your jurisdiction, it may still be subject to rights other than copyright — e.g., trademark rights, likeness rights, publicity rights, personality rights, privacy rights, and/or moral rights — that may limit certain uses of that material.” Also changed “public domain written content” to “public domain material” for consistency and changed “or (4) your use …” to “and/or (4) your use …” In “Material used under license,” changed “incorporates material we have used” to “incorporates written material used” and added a parenthetical note after the sentence ending “permitted by law”: “(Please note that the licensed material may be subject to rights other than copyright that the license might not include — e.g., trademark rights, likeness rights, publicity rights, personality rights, privacy rights, and/or moral rights — that may limit certain uses of that material that the license terms would otherwise permit.)” In the “All other written content” provision, changed “or (4) your use …” to “and/or (4) your use …” and added a note after the following sentence ending “permitted by applicable law”: “However, please note that such content may be subject to rights other than copyright that the license might not include — e.g., trademark rights, likeness rights, publicity rights, personality rights, privacy rights, and/or moral rights — that may limit certain uses of that content that the license terms would otherwise permit; the same may be true of content that is in the public domain in your jurisdiction.” In the “Images or other media content we offer under a specific license” provision, changed “that image or content” to “that image or other media content” and added a parenthetical note after the sentence ending “permitted by applicable law”: “(Please note that licensed images or other media content may be subject to rights other than copyright that the license might not include — e.g., trademark rights, likeness rights, publicity rights, personality rights, privacy rights, and/or moral rights — that may limit certain uses of such images or other media content that the license terms would otherwise permit.)” Also revised the disclaimer language to change “SUCH MATERIAL” to “SUCH IMAGES OR CONTENT” for wording consistency. In the “Public domain images or other media content” provision, changed “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” to “Please note that images or other media content that are in the public domain in the U.S. are not necessarily in the public domain elsewhere and vice versa, and that even if the images or other media content are in the public domain in your jurisdiction, they may still be subject to rights other than copyright — e.g., trademark rights, likeness rights, publicity rights, personality rights, privacy rights, and/or moral rights — that may limit certain uses of such images or content.” Also changed “or (4) your use …” to “and/or (4) your use …” In the “Images or other media content used under license” provision, changed “the applicable image caption” to “the applicable caption”; and changed “that image or content” to “that image or other media content”. Also added a parenthetical note after the sentence ending “permitted by applicable law”: “(Please note that licensed images or other media content may be subject to rights other than copyright that the license might not include — e.g., trademark rights, likeness rights, publicity rights, personality rights, privacy rights, and/or moral rights — that may limit certain uses of such images or other media content that the license terms would otherwise permit.)” Changed “If we have modified or adapted such licensed images or other media …” to “If we have modified or adapted the licensed image or other media content …” In the “All other images or other media content” provision, changed “their image(s) or and/or content” to “their images or other media content” and changed “or (4) your use …” to “and/or (4) your use …” Also changed “pertaining to the use of such content” to “pertaining to the use of such images or other media content” and added a sentence after that one: “However, please note that such images or other media content may be subject to rights other than copyright — e.g., trademark rights, likeness rights, publicity rights, personality rights, privacy rights, and/or moral rights — that may limit certain uses of those images or other media content that the license terms would otherwise permit; the same may be true of images or other media content that are in the public domain in your jurisdiction.” In the Trademark Use provision, changed “or as otherwise permitted by applicable law” to “and/or otherwise permitted by applicable law” and changed “as otherwise permitted under the terms of an applicable license pertaining to the use of such content, or as otherwise permitted by applicable law” to “as otherwise permitted under the terms of an applicable license pertaining to the use of such content, and/or as otherwise permitted by applicable law” for consistency. Also changed “regarding trademark rights, likeness rights, publicity rights, personality rights, privacy rights, or other such rights” to “regarding trademark rights, likeness rights, publicity rights, personality rights, privacy rights, moral rights, or other such rights” (again for wording consistency). In the All Other Content provision, changed “or (4) your use …” to “and/or (4) your use …” and added a note after the following sentence ending “permitted by applicable law”: “However, please note that such content may be subject to rights other than copyright that the license might not include — e.g., trademark rights, likeness rights, publicity rights, personality rights, privacy rights, and/or moral rights — that may limit certain uses of that content that the license terms would otherwise permit; the same may be true of content that is in the public domain in your jurisdiction.” In Copyright/Intellectual Property Violations, fixed some inconsistent formatting. Fixed a typo in the August 27, 2021 entry below. Tinkered with these revisions after initial publication.
- January 17, 2022: In Use of User-Supplied Images, further revised the provision regarding consent to electronic communication and the use of electronic records and rearranged the order of that provision in the numbered list. Tinkered further with these revisions after initial publication.
- January 16, 2022: In Use of User-Supplied Images, added an additional provision regarding consent to electronic communication and electronic records. In Copyright/Intellectual Property Violations and California Consumer Notice, added “USA” to the postal mailing address. Tinkered with these revisions after initial publication.
- January 3, 2022: In California Consumer Notice, changed “requires the following notice:” to “requires us to provide the following notice:” Later in the day, also changed “To the extent that your access to and/or use of Ate Up With Motor and/or its related services constitutes or involves the purchase of “goods or services” using an “electronic commercial service,” as those terms are defined by …” to “To the extent that Ate Up With Motor and its related services constitute an “electronic commercial service,” as that term is defined by …”
- January 2, 2022: In California Consumer Notice, changed “Under California Civil Code Section 1789.3, California consumers are entitled to the following notice:” to “To the extent that your access to and/or use of Ate Up With Motor and/or its related services constitutes or involves the purchase of “goods or services” using an “electronic commercial service,” as those terms are defined by the Electronic Commerce Act of 1984 (California Civil Code Section 1789 et seq.), California Civil Code Section 1789.3 requires the following notice:” Also changed “Questions or complaints may be submitted …” to “If you have questions or complaints, you can contact us …” and changed “by phone” to “by telephone” for wording consistency. In the subsequent numbered item, changed “California consumers can also report complaints to …” to “If you have a complaint, you can also contact …” and added the department’s TTY number in addition to their regular toll-free number.
- December 31, 2021: In Comment Policy, changed “Publish and display your comment …” to “Use, publish, and display your comment …” In Contact Form and Email Communication Policy, changed “make copies of your message (or portions thereof)” to “copy your message (or portions thereof)” and changed “to publish your message or excerpts of it” to “to use, publish, and display your message (or excerpts thereof)” for consistency. In Reprint/Reuse Policy, updated the item on hyperlinks to change “publish, post, or otherwise share hyperlinks” to “publish, display, or otherwise share hyperlinks”. In Use of User-Supplied Images, updated the first numbered provision to change “modify, adapt, use, copy, publish, distribute” to “use, copy, reproduce, modify, adapt, distribute, publish, publicly display”; change “In the event that the Images are not your own work …” to “If the Images are not your own, original work(s) …” and change “the nature of your rights to publish and/or distribute them” to “the nature and extent of your rights with respect to the Images.” Updated the second numbered provision to change “use, copy, publish, and distribute” to “use, copy, reproduce, modify, adapt, distribute, publish, and publicly display”. Updated the third numbered provision to change “use, copy, publish, distribute, license, and/or sublicense” to “use, copy, reproduce, modify, adapt, distribute, publish, publicly display, license, and/or sublicense” for internal consistency. Updated the fourth numbered provision to change “to publish and display the Images on the Ate Up With Motor website” to “to use, publish, and display the Images on the Ate Up With Motor website and to use, copy, and reproduce the Images for routine backup and/or other administrative purposes”; changed “will not publish or otherwise distribute …” to “will not publish, publicly display, or otherwise distribute …”; changed “required to publish and display …” to “required to use, publish, and display …” and changed “and/or for routine backup or other administrative purposes” to “and/or for routine backup and/or other administrative purposes” for consistency. Updated the fifth numbered provision to change “and/or if necessary to create electronic copies …” to “and/or to create electronic copies …”; changed “publishing and displaying the Images” to “using, publishing, and displaying the Images”; separated the remaining items in the list with semicolons rather than commas; and changed “routine backup or other administrative purposes” to “routine backup and/or other administrative purposes” for consistency. Updated the sixth numbered provision to change “otherwise contained in the digital image files” to “otherwise contained in the digital image files and/or their associated metadata”. In the eighth numbered provision, changed “will not publish or otherwise distribute such copies” to “will not publish, publicly display, or otherwise distribute such copies (except to the extent necessary for routine backup and/or other administrative purposes)”. Updated the ninth numbered provision to change “to decline to use or …” to “to decline to use any Images or …” in the interests of more coherent grammar. Tinkered with these revisions after initial publication (including correcting some errors in this summary that crept in with the various adjustments).
- December 28, 2021: In Contact Form and Email Communication Policy, changed “changed “our associated social media accounts” to “its associated social media accounts” and changed “to respond your question or comment and/or to support other users with similar concerns” to “to publicly respond to your question(s) and/or comment(s), and/or to support other users with similar concerns.” Also changed “(unless you authorize us to include other personally identifying information)” to “(unless you ask or authorize us to include other personally identifying information).” In Termination and Severability, changed “LICENSES FOR THE USE OF YOUR COMMENTS AND/OR OTHER CONTENT” to “LICENSES FOR THE USE OF YOUR COMMENTS AND/OR FORM SUBMISSIONS” and added language about the removal of published comments and/or form submissions in the event of termination. Also moved the waiver language from Termination and Severability to Miscellaneous. In Miscellaneous, rearranged the text to put the sentence about heirs, successors, and assigns after the “entire agreement” clause. Also changed “You may assign your rights under these Terms of Use to any party that consents to and agrees to be bound by these terms and conditions” to “You may only assign your rights under these Terms of Use with our prior written consent.” (This latter change is primarily intended to avoid any legal issues related to the licensing-related provisions.)
- December 27, 2021: In Contact Form and Email Communication Policy, added to the bullet point regarding publication of your message or excerpts of it an additional sentence: “If you wish us to completely unpublish your your submission or the excerpts thereof, please let us know and we will endeavor to do so at our earliest opportunity.” In User of User-Supplied Images, changed “that you have the legal rights to modify, adapt, use, and (as applicable) license and/or sublicense” to “that you have the legal rights to modify, adapt, use, copy, publish, distribute, and (as applicable) license and/or sublicense.” Also changed “legal rights to use the Images and …” to “legal rights to use, copy, publish, and distribute the Images and to …” and changed “your rights to use, license, and/or sublicense the Images” to “your rights to use, copy, publish, distribute, license, and/or sublicense the Images” for consistency. In Termination and Severability, added “LICENSES FOR THE USE OF YOUR COMMENTS AND/OR OTHER CONTENT” to the examples of provisions that shall survive termination. Tinkered with these revisions after initial publication.
- December 26, 2021: In Comment Policy, made a number of additional wording minor adjustments. In Revisions, changed “box on the front page” to just “box” (since the box in question doesn’t necessarily only appear on the front page).
- December 25, 2021: In Comment Policy, made a variety of clarifications and wording adjustments, rearranged some existing text to put it in a more logical order, and clarified the grant-of-license language. In Contact Form and Email Communication Policy, revised the grant-of-license language in the same manner as in Comment Policy; changed “transmit your message and its contents” to “transmit your message”; changed “we cannot guarantee you will receive a reply” to “we do not guarantee you will receive a reply except as required by law”; added boldface to the latter phrase; changed the sentence that began “Our publication of your submission or excerpt thereof …” to “If we publish your submission or an excerpt thereof, we will redact any information that appears to be personally identifying other than the name or pseudonym you supplied (unless you authorize us to include other personally identifying information)”; changed “amend and/or redact” to “amend and/or further redact”; and changed “provided that it does not infringe the rights or safety of others” to “provided that it does not infringe upon the rights of others” for consistency. Also revised the bullet point regarding the email transmission of form submissions and automated tests, mostly to make the grammar less awkward and fixed two typographical errors (“unless you you” was supposed to read “unless you” and “the name or pseudonym you apply” was supposed to read “the name or pseudonym you supplied”). In Reprint/Reuse Policy, changed “assigned or licensed” to “licensed or assigned” throughout and changed all instances of the phrase “WITH REGARD TO” to “WITH RESPECT TO” for internal consistency. Also updated the “Comments” provision to change “by someone other than us” to “that were submitted by someone other than us” in the interests of clarity. In Use of User-Supplied Images, revised the first numbered provision to read “You affirm that the Images: (a) are your own, original work(s), and wholly owned by you; or (b) are otherwise owned and/or administered by you; or (c) are derived or adapted from work(s) created by third parties that you have the legal rights to modify, adapt, use, and (as applicable) license and/or sublicense. In the event that the Images are not your own work, you must inform us of their legal authorship and the nature of your rights to publish and/or otherwise distribute them.” Revised the second numbered provision to read “You warrant and affirm that you have the legal rights to use the Images and license (and/or, if applicable, sublicense) the Images to us.” In the third numbered provision, changed “rights to use and/or license the Images” to “rights to use, license, and/or sublicense the Images”. In the fourth numbered provision, changed “non-exclusive” to “nonexclusive” for stylistic consistency. In Copyright/Intellectual Property Violations, made a number of minor wording changes, mostly for clarity, and changed “(e.g., by blocking their IP address)” to “(e.g., by blocking that visitor’s access to the comment system).” As a global change, adjusted the way em dashes are presented to avoid formatting or display issues.
- December 24, 2021: In Reprint/Reuse Policy, changed both instances of the word “sub-license” to “sublicense”.
- December 22, 2021: In Use of User-Supplied Images, changed “Otherwise, by submitting any Images to us:” to “Otherwise, by submitting any Images to us, you make the following agreement with us:”; added “either:” after “the Images are” in the first bullet point; changed “to publish the Images on the Ate Up With Motor website” to “to publish and display the Images on the Ate Up With Motor website”; changed “except as specifically required to display the Images” to “except as specifically required to publish and display the Images”; and changed “for the specific purposes of displaying the Images” to “for the specific purposes of publishing and displaying the Images” for wording consistency. Revised the bullet point regarding cancellation of the license to read: “You agree that you may cancel or terminate the license granted to Ate Up With Motor hereby at any time and for any reason, provided that you notify Ate Up With Motor via email at least seven (7) days prior to the effective date of such cancellation or termination, to allow time to remote the Images from the Ate Up With Motor website. You further agree that in the event that you elect to license or assign your rights to the Images to any other publication or entity in any manner that would effectively terminate the license granted to Ate Up With Motor hereby (e.g., selling exclusive rights to the Images to a magazine or news service), you will notify Ate Up With Motor via email at least seven (7) days prior to the effective date of such license or assignment, to allow time to remove the Images from the Ate Up With Motor website.” In the subsequent bullet point regarding archival and backup retention, changed “understand and agree” to “acknowledge and agree”; changed “cancel or otherwise rescind” to “cancel or terminate”; and changed “hereunder” to “hereby” for consistency. In the bullet point regarding our right to decline to use or remove Images, changed “understand and acknowledge” to “acknowledge and agree” and changed “we reserve the right to decline to use or to remove any Images” to “Ate Up With Motor has the right to decline to use or to remove any Images” for clarity. (We tinkered with these revisions and this summary of them several times after initial publication, trying to get the wording right.) In Miscellaneous, changed “The Terms of Use will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns” to “These Terms of Use will be binding upon and will inure to the benefit of the parties and their respective heirs, successors, and permitted assigns.”
- December 21, 2021: In Use of User-Supplied Images, changed “your rights to publish/distribute them” to “the nature of your rights to publish and/or otherwise distribute them”; changed “to use or license the Images” to “to use and/or license the Images” and changed “ownership, authorship, and/or rights” to “ownership, authorship, and/or rights with regard to the Images” in the interests of clarity. Also changed “in writing or via email” to “via email” and changed “herein” to “hereunder”.
- December 18, 2021: In Minimum Age Requirements, changed “not affiliated in any way with this website” to “not affiliated in any way with that website” for wording consistency.
- December 17, 2021: In Minimum Age Requirements, added a paragraph with information about parental control protections pursuant to 47 U.S. Code Section 230(d).
- December 15, 2021: In the preamble, added a parenthetical sentence after the effective date, noting that this section contains a summary of recent changes and providing an internal link. In Credits and License for This Document, fixed a typographical error (the phrase “section below” was repeated twice). In Reprint/Reuse Policy, changed “(as described in the sections below)” to “(as described below)” for internal consistency.
- December 14, 2021: In Disclaimer of Warranties, changed “YOUR ACCESS TO AND/OR USE OF …” to “ANY ACCESS TO AND/OR USE OF …” (mostly for grammatical reasons). In Limitation of Liability, changed “WE ACCEPT NO LIABILITY FOR ANY USE OF INFORMATION …” to “WE SHALL HAVE NO LIABILITY WITH RESPECT TO ANY USE OF INFORMATION …” In Indemnification, changed “websites or services” to “websites and/or online services” for internal consistency. In External Links, changed “or for purposes of bibliographic reference and/or attribution” to “and/or for purposes of bibliographic reference and/or attribution.” Also changed “ACCEPTS NO RESPONSIBILITY OR LIABILITY WHATSOEVER” to “SHALL HAVE NO LIABILITY WHATSOEVER”; changed “OF ANY WEBSITE OR ONLINE SERVICE NOT OWNED AND/OR OPERATED BY US” to “OF ANY WEBSITE OR ONLINE SERVICE TO WHICH WE MAY LINK”; and changed “OR FOR YOUR USE OF SUCH LINKS” to “OR FOR YOUR USE OF ANY SUCH LINK, WEBSITE, OR SERVICE” for clarity. Later in that section, changed “ACCEPT NO RESPONSIBILITY FOR OTHER WEBSITES OR ONLINE SERVICES …” to “ACCEPT NO RESPONSIBILITY FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OTHER WEBSITE OR ONLINE SERVICE …” In Comment Policy, revised the disclaimer text for greater clarity and consistency with the revised wording of the External Links section. In Reprint/Reuse Policy, updated the hotlinking language to change “some external website or service” to “some other website or online service”; change several instances of “hosted on or served by” to “hosted on and served by”; and change “an external website or online service” to “any other website or online service” for greater clarity and consistency. In California Consumer Notice, changed “Ate Up With Motor pages and/or accounts” to “Ate Up With Motor’s social media accounts and/or pages” for wording consistency. Also changed “access to and/or use of their services” to “access to and/or use of their platforms and/or services”. Amended the entries below for July 13, 2018; December 29, 2015; and August 24, 2015 to replace the specific references to this policy’s license with generic terms (to avoid any confusion in the event the license changes in the future, e.g., to a later version of the same license). (We tinkered with these revisions after initial publication.)
- December 12, 2021: In General Representations, deleted “adware” (since there’s not really a consistent definition, and a lot of perfectly legitimate software may now technically fall into that category) and changed “programs” to “software” (which is the term we more commonly use in these policy pages). In Contact Form Policy, changed “For Contact Form or Advertising Inquiry Form submissions” to “For contact or feedback form submissions OTHER than California Privacy Request Form submissions” and changed the phrase “your inquiry” to “your submission” for wording consistency. Also revised the reference to the “Disclosure of Personally Identifying Information” section of the Privacy Policy to make the quotation marks part of the anchor text for the hyperlink rather than outside it, for formatting consistency.
- December 9, 2021: In the preamble, changed “your use of …” to “your access to and/or use of …”; changed “(including this website and/or its web feeds, if any)” back to “(including this website, its content, and/or its web feeds, if any)”; and changed “By accessing or using …” to “By accessing and/or using …” In Minimum Age Requirements, changed “may not use or access” to “may not access or use” for wording consistency and changed “involving this website” to “involving Ate Up With Motor”. In General Representations, changed “By accessing and using” to “By accessing and/or using”; changed “Your use of …” to “Your access to and/or use of …”; and changed “that your use of …” to “that your access to and/or use of …” (also for wording consistency). In Disclaimer of Warranties, changed, “YOUR USE OF …” to “YOUR ACCESS TO AND/OR USE OF …” and changed “MAKE NO WARRANTIES REGARDING” to “MAKE NO WARRANTIES WHATSOEVER REGARDING” for consistency. Also changed “RATHER LOCALLY HOSTED” to “RATHER THAN LOCALLY HOSTED” (fixing a typo). In Indemnification, added “its owner” after “Ate Up With Motor,” separated with semicolons; removed the parentheses around “and their respective directors, officers, employees, and agents” and made some minor wording and punctuation adjustments for clarity; changed “related to or arising out of your use of …” to “related to or arising out of your access to and/or use of …”; changed “advertisers and sponsors” to “advertisers and/or sponsors”; and changed “in connection with your use of …” to “in connection with your access to and/or use of …” In External Links, changed “MAKES NO WARRANTY” to “MAKES NO WARRANTIES” and changed “ADVERTISERS” to “ADVERTISERS AND/OR SPONSORS” for consistency. In Disclosure of Paid Advertisements and/or Endorsements, changed “paid banner or text advertisements” to “paid banner and/or text advertisements”. In Comment Policy, revised the bullet point regarding indemnification to better match the updated text in the Indemnification section. Changed “as well as the specific article you commented on” to “as well as the specific post or page you commented on” for consistency and changed “or if we need to clarify …” to “and/or if we need to clarify …” Also changed “MAKES NO WARRANTY” to “MAKES NO WARRANTIES” for consistency. In the Reprint/Reuse Policy, changed all instances of “NO WARRANTY WHATSOEVER” to “NO WARRANTIES WHATSOEVER” for consistency. In Use of User-Supplied Images, revised the bullet point on indemnification to more closely reflect the current text in the Indemnification section. In Termination and Severability, changed “simply discontinue using” to “simply discontinue accessing or using” and set the paragraph regarding provisions surviving termination in all caps. In Jurisdiction and Governing Law, changed “access to or use of” to “access to and/or use of”. Split the language regarding venue into a separate sentence and replaced “arising out of or relating to any of the same” with a more specific description (essentially repeated from the first sentence). In California Consumer Notice, changed “currently no charge to use” to “currently no charge to access or use”. Also changed “such third parties may separately impose charges for the use of or access to their services” to “such third parties may separately impose charges for access to and/or use of their services”.
- December 8, 2021: In the preamble, changed “(including this website; its content; and/or its web feeds, if any)” to “(including this website and/or its web feeds, if any)”. In General Representations, changed “malware or other malicious code” to “malware, spyware, adware, or other malicious programs or code” (a phrase borrowed from the current version of the WordPress.com Terms of Service described in Credits and License for This Document). Added to that same bullet point after “malicious program or code”: “to defame or illegally impersonate us or any third party;” separated with a semicolon. In Disclaimer of Warranties and Limitation of Liability, set all the text in all caps and removed boldface. Also in Disclaimer of Warranties, replaced the first two sentences with the following: “The Ate Up With Motor website, its related services, and the content thereof are provided “as is.”” Changed “the warranties of non-infringement, merchantability, and fitness for a particular purpose” to “the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.” Replaced the rest of that paragraph with the following sentence: “Your use of Ate Up With Motor, its related services, the content thereof, and/or any information contained therein is entirely at your own risk.” Deleted the subsequent paragraph about exchange rate and inflation estimates. Also in Limitation of Liability, changed “loss or corruption of data” to “loss or corruption of information or data”; changed “for any amounts” to “any amounts”; and added “punitive damages” and “any loss (direct or indirect) of actual or anticipated profit, revenue, income, savings, opportunity, reputation, or goodwill” to the types of liability excluded, renumbering the items accordingly. In the last sentence of the first paragraph, removed the parentheses around “and/or through its related services”. In Indemnification, added the phrase “To the extent allowed by applicable law” to the beginning of the first sentence, set off with a comma. In External Links, set the warranty and liability disclaimer in all caps and removed the boldface. Also changed “offers no warranty” to “makes no warranty” and changed “for the content, …” to “with respect to the content, …” Renamed “Disclosure Notice: Paid Advertisements and Endorsements” “Disclosure of Paid Advertisements and/or Endorsements” (which sounds less awkward). In that section, changed “paid text or banner advertisements from various advertisers, which may include (but are not necessarily limited to) new or used car dealers; auto insurers; and other businesses connected with the sale, repair, modification, or insurance of automobiles” to “paid text or banner advertisements and/or sponsored links from various advertisers.” Also changed “whether text links, banner ads, or in any other form …” to “whether banner ads, text links, or in some other form …” In Comment Policy, added the phrase “To the extent allowed by applicable law” to the beginning of the bullet point about indemnification, set off with a comma. Set that section’s liability disclaimer paragraph in all caps and removed the boldface. Made some wording adjustments to the final paragraph about reserving the right to deny access. In Contact Form and Email Communication Policy, changed “Controllers, Questions, and How to Reach Us” to “Controllers/Responsible Parties, Questions, and How to Reach Us” (the correct current name of that section of the Privacy Policy). Also changed “law/regulations” to “law and/or regulations” in the same bullet point and fixed a typo (a missing period at the end of the Privacy Policy bullet point). Added a new final paragraph to that section (similar to the final paragraph of the Comment Policy) about reserving the right to deny access to the contact or feedback forms, also adding a sentence similarly reserving the right to blacklist and/or otherwise block email to our ateupwithmotor.com email addresses (since the section also concerns email communications). In Reprint/Reuse Policy, set the warranty disclaimers in all caps and replaced various instances of the phrase “offer no warranty” to “make no warranty” for internal consistency. Tinkered with these revisions (and this summary of them) after initial publication.
- November 29, 2021: In Use of User-Supplied Images, changed “You affirm that you have the legal right to use and license the Images” to “You affirm that you have the legal rights to use and license the Images”and changed “the collection and use of your information as described in the …” to “the collection and use of your personal information as described in the …” for consistency with the current terms on the Image Authorization Form. (We tinkered further with the revised wording after initial publication.)
- November 28, 2021: In Disclaimer of Warranties, further adjusted the wording of the recently added language regarding third-party content, products, and/or services in hopes of clarifying the intent. In Revisions, changed “use of and access to …” to “use of …” In Revisions, changed “by updating the “Recent Policy Updates” box on the front page” to “by updating the “Recent Policy Updates” box” (since the box doesn’t only appear on the front page).
- November 27, 2021: Moved the effective date from Revisions to the preamble, in a new third paragraph (following the one beginning “For the purposes of …” Removed the boldface from text in the subsequent paragraph. Updated Credits and License for This Document to reflect the new location of the effective date, set the reference to the Revisions section in quotation marks, and make that reference an internal link for consistency and easier reference. In General Representations, changed “Is not contrary to any applicable U.S. Economic Sanctions, and:” to “Is not inconsistent with any applicable U.S. sanctions law, and:” and added two bullet points: “You are can legally form a binding contract with us, and:” and “You are not on any list made by a U.S. government authority relating to designated, restricted, or prohibited persons, and:” (This language is borrowed from the WordPress.com Terms of Service described in Credits and License for This Document.) In Disclaimer of Warranties, added a new paragraph regarding third-party content, products, and/or services. Also rearranged the text to put the disclaimer of error-free or uninterrupted service last and updated that paragraph to also refer to third-party content, products, and/or services. In External Links, changed “appropriateness, legality …” to “appropriateness, accuracy, legality …” In Comment Policy, changed “Any use of the information contained in any comment on Ate Up With Motor, particularly comments containing technical advice, is entirely at your own risk” to “Any use of the information contained in any comment on Ate Up With Motor (particularly, though not limited to, comments containing technical advice) is entirely at your own risk.” Also changed “to be abusive, disruptive, or constitute spam” to “abusive, disruptive, or to constitute spam.” Added a new section following the Copyright/Intellectual Property Violations section: “Changes to the Site and/or Its Related Services,” containing the text “We may update, change, or discontinue the Ate Up With Motor website, Ate Up With Motor’s related services, or any portion thereof at any time, at our sole discretion.” Renamed the Governing Law section “Jurisdiction and Governing Law”; moved that section so that it follows rather than precedes Termination and Severability; added the parenthetical phrase “(excluding its conflict of law provisions)” after “the state of California” (a nuance borrowed from the WordPress.com Terms of Service described in Credits and License for This Document); and changed “local, state, and/or federal courts” to “state and/or federal courts”. In Revisions, changed “These terms may be modified …” to “These terms and conditions may be revised …”; added a sentence explaining that changes to these terms will be summarized in this recent revisions list; and changed “Your continued use of and access to the website and/or its related services signifies your acceptance of any such modifications” to “Your continued use of and access to the website and/or its related services after the effective date of any such revision will signify your acceptance of those changes.” Tinkered further with these revisions after initial publication.
- November 26, 2021: In California Consumer Notice, replaced the section symbol (§) with the word “Section” for clarity.
- November 13, 2021: In Contact Form and Email Communication Policy, changed “(e.g., statistics describing how many requests of a particular type …” to “(e.g., how many requests of a particular type …”
- November 12, 2021: In Contact Form and Email Communication Policy, changed “de-identified aggregate information about requests” to “aggregate information about requests” for greater consistency with the Privacy Policy wording. (We initially marked this change before we executed it, which we did later the same day.) Fixed some editorial errors that occurred during our earlier attempts to publish this update today.
- November 11, 2021: In Contact Form and Email Communication Policy, changed “publish and/or disclose de-identified and/or aggregated information about requests” to “publish de-identified aggregate information about requests” for better grammar and greater consistency with the Privacy Policy wording.
- November 10, 2021: In Disclosure Notice: Paid Advertisements and Endorsements, changed “(or by images or icons containing such words)” to “(and/or by images or icons containing such words)” and changed “financial compensation or other valuable consideration” to “financial compensation and/or other valuable consideration”.
- November 9, 2021: In Credits and License for This Document, made a number of wording changes for clarity and stylistic consistency. (We tinkered with these changes after initial publication.)
- November 7, 2021: Throughout these terms, replaced a number of instances of “such as” (with or without qualifiers like “without limitation”) with “e.g.,” setting off the applicable text with commas and/or parentheses as grammatically appropriate. In Copyright/Intellectual Property Violations, also changed an instance of “or” to “and/or”.
- November 3, 2021: In California Consumer Notice, changed both references to “social media services” to “social media platforms” for consistency with the current Privacy Policy language.
- November 2, 2021: In the preamble, fixed a punctuation error (incorrectly nested parentheses) in the reference to the Privacy Policy and Cookie Notice. In General Representations, changed “the Google Hosted Libraries API(s)” to just “the Google Hosted Libraries” for consistency with the current wording in the Privacy Policy.
- November 1, 2021: Updated Minimum Age Requirements and General Representations to change the minimum age for site users from 16 to 18. (We’ve always strongly discouraged minors from submitting personally identifying information through the site or its related services, and the latest round of privacy laws mean that it’s best to make that a blanket prohibition.) Also updated Contact Form and Email Communication Policy to change “a person we know or reasonably suspect …” to “a person we know …” for consistency with the related Privacy Policy language.
- October 30, 2021: In Disclaimer of Warranties, changed “such as, without limitation, the repair, modification, purchase, appraisal, and/or sale of any vehicle” to “such as, without limitation, the repair, modification, appraisal, purchase, or sale of any vehicle” for consistency with the wording in Limitation of Liability. In Indemnification, changed “and its web host” to “and our web host” (again for wording consistency). Fixed a formatting error in this recent revisions list. Removed some extraneous whitespace in the California Consumer Notice section.
- October 18, 2021: In Limitation of Liability, changed “Except as otherwise required by applicable law, Ate Up With Motor and our web host, licensors, partners (if any), contractors, vendors, and service providers accept no liability …” to “Except as otherwise required by law, neither Ate Up With Motor nor our web host, licensors, partners (if any), contractors, vendors, and service providers shall be liable (including for any third-party products or services purchased or used through this website and/or its related services) …” (This addition is adapted from an addition made to the October 17, 2021 version of the WordPress.com Terms of Service described in Credits and License for This Document. We further adjusted it after our initial publication to correct a typographical error.) Also changed “or (d) for any amounts that exceed the amount actually paid by you to Ate Up With Motor” to “or (d) for any amounts that exceed $50 or the amount actually paid by you to Ate Up With Motor during the twelve (12) month period prior to the cause of action, whichever is greater.” (This is also adapted from the current version of the WordPress.com Terms of Service.)
- October 7, 2021: Further tinkered with the California Consumer Notice section added on October 4, 2021, to adjust the Google trademark notice.
- October 5, 2021: Further tinkered with the wording of the California Consumer Notice section added on October 4, 2021.
- October 4, 2021: Added a new California Consumer Notice with a California Civil Code § 1789.3 notice. Tinkered with the wording and formatting after initial publication (including resetting the text as an ordered list rather than inline).
- October 3, 2021: In Comment Policy, changed “please contact us via email (to admin (at) ateupwithmotor (dot) com) …” to “please contact us via email at admin (at) ateupwithmotor (dot) com …” In Contact Form and Email Communication Policy, changed “our (at) ateupwithmotor (dot) com email addresses” to “our ateupwithmotor.com email addresses.” In Acknowledgments of User Assistance and Information, changed “or the Contact Form” to “or using the Contact Form” and set the administrative email address in boldface.
- October 2, 2021: In Contact Form and Email Communication Policy, revised the bullet about the California Privacy Request Form to change “intended only for …” to “intended solely for use by …” change “under the California Consumer Privacy Act (CCPA)” to “under applicable California law”; change the reference to the “California Privacy and Data Protection Rights” section of the Privacy Policy to refer instead to the “Your California Privacy Rights” section (updating the link accordingly); and change “more information about this law” to “more information about these rights.”
- October 1, 2021: Updated Comment Policy to clarify that comment notification emails may also be sent to the author of the post or page on which the comment was submitted. Also changed “Transmit the comment …” to “Transmit your comment …” Tinkered a bit with the revised wording after initial publication.
- September 25, 2021: In General Representations, updated the bullet point beginning “For any unlawful purposes …” to change “purposes” to “purpose”; change “to publish any illegal content” to “to publish or otherwise distribute any illegal content”; and add “to stalk or harass us or any third party” to the listed items. Updated the bullet point beginning “To disclose the sensitive personal information …” to change “of others without their permission …” to “of others without their permission, or to otherwise violate the privacy rights of any person or persons …” Changed “To send spam or bulk unsolicited messages …” to “To send or otherwise facilitate spam or bulk unsolicited messages …” Updated the bullet point beginning “In any way that …” to change “sole discretion” to “sole judgment” and change “systems” to “systems and/or data”. In Disclaimer of Warranties, changed “and its web host, licensors, partners (if any), contractors, vendors, and service providers …” to “(and, where applicable, our web host, licensors, partners (if any), contractors, vendors, and service providers) …” In Comment Policy, changed “(e.g., publicity rights, personality rights, and/or privacy rights)” to “(e.g., privacy rights, publicity rights, personality rights, or trademark rights)”. Also updated the examples of reasons for redacting, editing, deleting, declining to publish, or unpublishing comments to change “The comment appears to contain malicious code (such as viruses, worms, or Trojan horses) intended to disrupt the functionality of the site and/or its related services or attack users, …” to “The comment appears to contain or constitute malicious code, or …” change “or contains hyperlinks …” to “contains hyperlinks …”; change “may violate the rights of any person …” to “may otherwise violate the rights and/or privacy of any person or entity” and change “FTC” to “Federal Trade Commission” for clarity. In Contact Form and Email Communication Policy, added an item to the numbered list regarding warranting and affirming that your message and/or use of the contact or feedback forms does not violate the rights of others (similar to the existing bullet point in Comment Policy, with the same revision noted above). Tinkered with these revisions after initial publication.
- September 22, 2021: In Disclaimer of Warranties, Limitation of Liability, and Indemnification, changed “contractors, vendors, partners, or licensors” to “web host, licensors, partners (if any), contractors, vendors, or service providers” and changed “contractors, vendors, partners, and licensors” to “web host, licensors, partners (if any), contractors, vendors, and service providers” (as applicable). In Use of Trademarks, changed “advertisers, licensors, service providers, or vendors” to “web host, advertisers, licensors, partners (if any), contractors, vendors, or service providers”. In Disclaimer of Warranties, also changed “we hereby disclaim …” to “Ate Up With Motor and its web host, licensors, partners (if any), contractors, vendors, and service providers hereby disclaim …” and changed “historical dollar amounts” to “historical prices.” In Comment Policy, changed “You agree to indemnify and hold harmless Ate Up With Motor, its owner, web host, contractors, partners, licensors, and advertisers …” to “You agree to indemnify and hold harmless Ate Up With Motor and its owner, web host, advertisers, licensors, partners (if any), contractors, vendors, and service providers …” and changed “your comment or its content” to “your comment, its content, or your use of the comment system.” Also changed “Comments posted on Ate Up With Motor do not necessarily represent our opinions or those of our web host, advertisers, contractors, partners, or licensors” to “Opinions expressed in comments published on Ate Up With Motor are those of the respective commenters and do not necessarily represent the opinions of Ate Up With Motor or our web host, advertisers, licensors, partners (if any), contractors, vendors, or service providers.” In the following paragraph, changed “each time a reply or follow-up comment is posted” to “each time a reply or follow-up comment is published.” In a later paragraph in that section, changed “with regard to any user comment, including without limitation the comment’s …” to “with regard to any comment(s) published on this website, including, without limitation, such comment(s)’ …” and changed “or for the accuracy, utility, or legality of any external website linked in a user comment” to “and/or the accuracy, utility, suitability for any purpose, or legality of any external website linked in such comment(s).” In the final paragraph of that section, changed “visitors who we believe …” to “visitors we believe …”
- September 18, 2021: In the Reprint/Reuse Policy, further revised the Programmatic Elements provision to update the trademark information.
- September 14, 2021: In the Reprint/Reuse Policy, further updated the Trademark Use provision for clarity and greater wording consistency with the reset of that section.
- September 13, 2021: In Comment Policy, changed “(such as publicity rights and/or privacy rights)” to “(e.g., publicity rights, personality rights, and/or privacy rights)” for completeness. In the Reprint/Reuse Policy, updated the Hyperlinks provision to change “permitted by the terms …” to “permitted under the terms …” Updated the Linking and Hotlinking provision to change “to copy or use” to “to copy and/or use”; change “under Creative Commons license(s); open-source license(s); and/or other, similar license(s)”; and change “the applicable license permits” to “the terms of the applicable license permit” for internal consistency. Updated the Reference Use provision to change “in whatever format is appropriate …” to “in whatever format(s) and/or language(s) are appropriate …” Updated the “All other written content” and “All other images or other media content” provisions to change “except as specified above …” to “except as otherwise specified above …” Further updated the Programmatic Elements provision to clarify that the GNU General Public License is by the Free Software Foundation and further amend the trademark information. Further updated the Trademark Use provision to make some additional clarifications regarding applicable licenses and change “publicity rights” to “publicity rights, personality rights”. Updated the All Other Content provision to change both instances of “as allowed by …” to “to the extent permitted under the terms of …” Also changed all instances of “under any applicable license pertaining …” to “under the terms of any applicable license pertaining …” and changed all instances of “allowed by the specified license …” to “permitted under the terms of the specified license …” Updated the Creative Commons trademark notices throughout the Reprint/Reuse Policy and Use of User-Supplied Images. (We tinkered further with these changes after initial publication.)
- September 12, 2021: In the Reprint/Reuse Policy, updated the Programmatic Elements provision to add a trademark notice for GNU.
- September 10, 2021: In General Representations, further updated the Google trademark notice.
- September 9, 2021: In General Representations, updated the Google trademark notice.
- September 7, 2021: In the preamble, changed “e.g., the ateupwithmotor.com email addresses and/or FTP folder(s)” to “e.g., ateupwithmotor.com email addresses and/or FTP folder(s)” for consistency with the preamble of the Privacy Policy. In General Representations, added a disclaimer of affiliation to the reference to the Google APIs Terms of Service, after the trademark notice. Also changed “as well as all applicable laws and regulations” to “as well as with all applicable laws and regulations.” In Use of Trademarks, changed “These Terms of Use do not grant you any license to the Ate Up With Motor name, logo, or related trademarks or service marks. All right, title, and interest in such marks shall remain solely with Ate Up With Motor” to “These Terms of Use do not grant you any right or license to use the Ate Up With Motor name, our logo, or our other trademarks or service marks. All right, title, and interest in and to our name, logo, and other marks remain solely with Ate Up With Motor.” Changed the following paragraph to “All other trademarks and/or service marks mentioned, described, and/or depicted on the Ate Up With Motor website and/or through its related services — including (though not limited to) the names, logos, and/or distinctive emblems of automakers and/or automotive models; the names and/or brand names of other automotive businesses; and/or the names of other products, services, organizations, publications, and/or websites — are the property of their respective owners. Except as otherwise expressly indicated, we have no affiliation with or endorsement by the holders of such marks, and no such affiliation or endorsement is implied or should be inferred. These Terms of Use do not grant you any right or license to use such marks, all right, title, and interest in and to which remain solely with their respective owners.” (We tried several variations of these revisions after initial publication.) In the following paragraph, changed “other automotive businesses or organizations” to “other businesses or organizations” and changed “other automotive business or organization” to “other business or organization”. In the last paragraph of that section, changed “the owners of any applicable trademark(s) … ” to “the owners of any applicable trademark(s) and/or service mark(s) …” In the Reprint/Reuse Policy, changed several instances of the phrase “not owned by us” to “not owned or otherwise administered by us”. Updated the Trademark Use provision to change “You may NOT use the Ate Up With Motor name, logo, or any related trademarks or service marks, or the name or likeness of Ate Up With Motor’s owner, Aaron Severson, for any commercial purpose without our advance written permission, except to the extent otherwise permitted by applicable law” to “Except as otherwise permitted by applicable law, you may NOT use the Ate Up With Motor name, our logo, or our other trademarks or service marks, or the name or likeness of Ate Up With Motor’s owner, Aaron Severson, for any commercial purpose without our advance written permission.” Also changed “Permission for the use of any trademarks …” to “Except as otherwise permitted by applicable law, permission for the commercial use of trademarks …” changed “our name, logo, mark(s), and/or content …” to “our name, logo, other mark(s), and/or content …”; and changed “contains, depicts, and/or incorporates trademarks or service marks …” to “contains, depicts, and/or incorporates trademarks and/or service marks …” Renamed Termination; Severability to Termination and Severability; changed “Any provision of these Terms of Use …” to “Any provisions of these Terms of Use …” for grammatical reasons; and changed “and limitations of liability” to “limitations of liability, and provisions pertaining to the ownership of trademarks and/or service marks” (still enclosed in parentheses). Removed a couple of extra spaces. In the older entries in this recent revisions list, changed “Google API TOS” to “Google APIs Terms of Service” for internal consistency.
- September 2, 2021: Further updated Use of Trademarks to change “name, logo, or any related trademarks or service marks” to “name, logo, or related trademarks or service marks.” In Reprint/Reuse Policy, updated the “All other written content” provision to change “If the right holder(s) give you permission …” to “If the applicable rights holder(s) give you permission …”; change “unless you wish to use a version of the content that we have modified or adapted …” to “unless you wish to reuse a version that we have modified or adapted …”; add a subclause regarding the possibility of our assigning or licensing our modified or adapted version to a third party (renumbering the subsequent subclauses accordingly); change “we have released or dedicated our version to the public domain” to “we have released or dedicated our modifications and/or adaptations to the public domain”. Similarly updated the “All other images or other media content” and All Other Content provisions for consistency. In the “Public domain material” and “Public domain images or other media content” provisions, added similar subclauses regarding the possibility of our assigning or licensing our modified or adapted version to a third party (again renumbering the subsequent subclauses accordingly) and changed “we have released or dedicated our version to the public domain” to “we have released or dedicated our modified or adapted version to the public domain”. Updated the provision on Programmatic Elements to change “code segments” to “code snippets” (which is the more proper term of art) and change “programs, program components, or …” to “software programs or elements thereof, and/or …” Further updated the item on Trademark Use to change “without our advance written permission” to “without our advance written permission, except to the extent otherwise permitted by applicable law” and change “The use of trademarks or service marks owned by others, and/or the commercial use of the names and/or likenesses of third parties, is subject to the authorization of the owners of such marks and/or the applicable third party or parties. We cannot grant such authorization, but if the applicable owner(s) and/or the applicable third party or parties authorize you to use their mark(s), name(s), and/or likeness(es), you do not need any additional permission from us to do so” to “Permission for the use of any trademarks and/or service marks we do not own or otherwise administer, or for the commercial use of the names and/or likenesses of third parties, must be obtained from the respective owner(s) of such mark(s) and/or the applicable third party or parties (or their respective heirs, successors, and/or assigns, where applicable); we cannot grant such permission. If you receive permission from the respective owner(s) and/or the applicable third party or third parties (or their respective heirs, successors, and/or assigns, where applicable) to use their mark(s), name(s), and/or likeness(es), you do not need any additional permission from us to do so unless your intended use also involves the use of our name, logo, mark(s), and/or content, and/or the commercial use of the name and/or likeness of Ate Up With Motor’s owner, Aaron Severson (in which case you may also need our permission, except as otherwise specified in this Reprint/Reuse Policy or otherwise permitted by applicable law). For the avoidance of doubt, nothing in this provision is intended or shall be construed to in any way restrict or limit any rights you may have under any applicable license pertaining to the use of such content. However, please note that in many jurisdictions, commercial use of content that contains, depicts, and/or incorporates trademarks or service marks and/or the name(s) and/or likeness(es) of any actual person(s), living or dead, may require the permission of the respective owner(s) of such marks and/or of such person(s) (or their respective heirs, successors, and/or assigns, where applicable), even if the content itself is offered under a license that permits commercial use or is in the public domain in your jurisdiction. (We cannot provide any legal advice regarding trademark rights, likeness rights, publicity rights, privacy rights, or other such rights. Except as expressly required by the terms of the applicable license (if any) or otherwise required by applicable law, we offer NO WARRANTY whatsoever with regard to Ate Up With Motor content, including, without limitation, the accuracy or completeness of any associated rights information. Any use of such content is entirely at your own risk.)” (We continued to tinker with this language after initial publication, as it’s seeking to articulate a series of complicated ideas.)
- September 1, 2021: Updated Credits and License for This Document to make some minor wording and formatting adjustments (including changing “Automattic Inc.” to just “Automattic” and changing “with some elements of later versions through February 21, 2020” to just “with some elements from later versions”). Also updated the WordPress trademark notice. In Use of Trademarks, changed “name, logo, or any of our other trademarks or service marks …” to “name, logo, or any related trademarks or service marks …” in the interests of better grammar. In Reprint/Reuse Policy, updated the item about Comments to change “posted on” to “published on” and change “of the people who originally submitted those comments” to “of the respective commenters”; change “reprint or reuse a comment posted on this website” to “reprint or reuse comment(s) on this website”; change “you will need to seek the permission of the original poster (or other applicable rights holder(s))” to “you will need the permission of the applicable commenter(s) (and/or other applicable rights holder(s))”; change “although if you obtain the permission of the original poster/rights holder(s) to reprint or reuse their comment …” to “but if you obtain the permission of the applicable commenter(s) (and/or other applicable rights holder(s)) to reprint or reuse their comment(s) …”; and change “The same is true of photographs, images, or other non-text content in comments left by …” to “In general, the same is true of photographs, images, and/or other media content in comments submitted by …” Updated the item about Trademark Use to change “Commercial use of trademarks or service marks owned by others, or the names or likenesses of third parties, is subject to the approval of the owners of such marks and/or the applicable party; we cannot grant such approval, although if the applicable party or owners authorize you to use their mark, name, or likeness …” to “The use of trademarks or service marks owned by others, and/or the commercial use of the names and/or likenesses of third parties, is subject to the authorization of the owners of such marks and/or the applicable third party or parties. We cannot grant such authorization, but if the applicable owner(s) and/or the applicable third party or parties authorize you to use their mark(s), name(s), and/or likeness(es) …” Updated the items about All other written content; All other images or other media content; and All Other Content to change “pertaining to the use of the content” to “pertaining to the use of such content.”
- August 27, 2021: In General Representations, changed “may use Google APIs (such as, without limitation, the Google Fonts API and/or the Google Hosted Libraries API) and/or content served via such Google APIs” to “may use Google API services (such as, without limitation, the Google Fonts API and/or the Google Hosted Libraries API(s)) and/or content served via such Google APIs” and updated the trademark notice. Renamed the FTC Disclosure Notice: Paid Advertisements and Endorsements to just “Disclosure Notice: Paid Advertising and Endorsements” and changed the anchor for that section from “FTC” to “AdsEndorsements”.
- August 18, 2021: In General Representations, made a number of wording changes to the paragraph regarding Google APIs for consistency, clarity, and to better reflect the current provisions of the Google APIs Terms of Service. In Reprint/Reuse Policy, changed various instances of the phrase “and other rights information” to “and/or other rights information” throughout.
- August 16, 2021: In the preamble, removed the boldface style from the link to the Privacy Policy and updated the paragraph beginning “For the purposes of …” to note that other terms have the same definitions specified in the “Definitions” section of the Privacy Policy. Updated the Financial Transactions Policy section to add a note that the Financial Transactions Policy is incorporated into and forms part of the Privacy Policy (mostly for clarity) and added a link to the Privacy Policy (without the anchor link) for reference.
- August 14, 2021: In External Links, changed “Links to other websites published or referenced on Ate Up With Motor and/or through its related services are provided solely for reader information or for the purposes of bibliographic reference” to “Links on Ate Up With Motor and/or its related services to other websites and/or online services are provided for the information of our visitors/users or for purposes of bibliographic reference and/or attribution” for greater clarity and internal consistency.
- August 6, 2021: In FTC Disclosure Notice: Paid Advertisements and Endorsements, changed the phrase “any other consideration” to “other valuable consideration”.
- August 4, 2021: In Copyright/Intellectual Property Violations, changed “by mail at …” to “via postal mail at …”; moved the mailing address to a separate paragraph; added ATTN information; and changed the state to the abbreviation. Fixed a formatting error in this recent revisions list.
- August 2, 2021: In Credits and License for This Policy, added the phrase “please credit Automattic Inc. as well as us” after “If you elect to use or further adapt our version” (set off with a comma); split that sentence at “We strongly recommend …”; added the word “also” before “strongly recommend”; and added a note indicating that a change history for this document can be found in the “Recent revisions” list below the Effective Date. In Use of Trademarks, moved the paragraph beginning “These Terms of Use …” to place it immediately after the first paragraph of that section and changed “All right, title, and interest in those marks will remain …” to “All right, title, and interest in such marks shall remain …” Changed “… on Ate Up With Motor and/or through its related services, 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 marks remain the property of their respective owners” to “… on the Ate Up With Motor website and/or through its related services, 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, remain the property of their respective owners and are used here for purposes of identification, description, and/or commentary” and changed “is implied” to “is implied or should be inferred.” Changed “Certain content presented here may use images, historical information, or other media supplied by one or more automakers or their press/PR representatives” to “In certain cases, content presented on Ate Up With Motor and/or through its related services may use images, other media, and/or information provided by automakers, automotive suppliers, and/or other automotive businesses or organizations, whether directly or through their respective press/PR representatives”; changed “Such cases will be noted in the acknowledgments and sources of the relevant content” to “In such cases, the source of the applicable images, other media, and/or information will be noted as appropriate in the applicable content (e.g., in the image captions of the applicable images and/or in the acknowledgments)”; and changed “The use of automaker-supplied images or media in our content does not indicate that the applicable content was in any way authorized, endorsed, or reviewed by that automaker” to “Except as otherwise expressly indicated, the use in our content of images, other media, and/or information provided by any automaker, automotive supplier, or other automotive business or organization does NOT imply that the applicable content was in any way authorized, reviewed, or endorsed by that automaker, supplier, business, or organization, and no such authorization, review, or endorsement should be inferred” (also adjusting which portions of that text are boldface). Also changed “The opinions expressed in the content published on Ate Up With Motor and/or through its related services are solely those of the author and do not necessarily reflect the opinions of the trademark owners and do not necessarily reflect the opinions of the trademark owners, any advertisers or commentators, or our web host or vendors” to “The opinions expressed in the content presented on Ate Up With Motor and/or through its related services are solely those of the individual(s) expressing such opinions and do not necessarily reflect the views of the owners of any applicable trademark(s); of our advertisers, licensors, service providers, or vendors; or of any other third party.” In FTC Disclosure Notice: Paid Advertisements and Endorsements, changed “explicitly indicated” to “expressly indicated” for wording consistency.
- July 15, 2021: In Comment Policy, changed “prevent spam” to “prevent spamming” and changed “discourage spam and other malicious activity” to “discourage spamming and/or other malicious activity” (to draw a grammatical distinction between individual examples of spam and the act of spamming — yes, this is obviously hairsplitting!) In Contact Form and Email Communication Policy, changed “discourage spam and other malicious activity” to “discourage spamming and/or other malicious activity” for the same reason and for consistency. In Use of User-Supplied Images, updated the bullet point regarding modifying image size format, etc., to change “or if necessary” to “and/or if necessary” and change “of appropriate size, format, filename, and metadata” to “of appropriate size(s), format(s), filename(s), and metadata” (which again is obviously hairsplitting).
- July 1, 2021: In Credits and License for This Document, changed “Automattic’s legalmattic repository” to “their Legalmattic repository” (to correct the capitalization and eliminate the possessive). In Comment Policy, changed “widgets” to “Widget(s)” for correct stylization and because their number may vary. Also corrected the stylization in earlier items in this recent revisions list, to avoid confusion. Updated the entry in this list for March 2, 2020, to remove the possessive form of Automattic (making the applicable reference just “the Terms of Service …”) and updated the entry for June 17, 2019, to change “GPL v3” to “GPLv3.” Updated the entry for January 16, 2016, to note that we changed our position on the specified issue (about the reuse of public domain images we’ve modified) as of March 17, 2020. Also fixed typographical errors in the entries in this list for December 1, 2020; July 22, 2020; June 30, 2020; July 12, 2018; January 27, 2019; and January 6, 2016. Fixed a formatting error in this item and some inconsistent formatting throughout this list. Removed extra spaces throughout this page and fixed some formatting errors with the various lists.
- June 25, 2021: In Comment Policy, changed “Edit or redact” to “Edit and/or redact”. In Contact Form Policy, changed “amend or redact the published information” to “amend and/or redact the published information” for consistency.
- June 21, 2021: In Financial Transactions, changed “Payments to Ate Up With Motor (such as, without limitation, payments for advertising on the site or contributions made via the Support Ate Up With Motor feature) …” to “Financial transactions with us involving Ate Up With Motor (such as, without limitation, the purchase of advertisements on the site or contributions made via the payment button in the Support Ate Up With Motor box) …” for consistency with the current text of the Financial Transactions Policy. Fixed a formatting error in the April 18, 2021 entry in this recent revisions list.
- April 18, 2021: In Contact Form and Email Communication Policy, changed the bullet-pointed list to a ordered list. Updated several earlier entries on this recent revisions list referring to that section, the Comment Policy, and the Reprint/Reuse Policy to change references to “bullet point” or “bullet points” to “item” or “items” (since those lists are ordered, not unordered bullet-pointed lists), making a few corresponding wording changes to those entries for clarity.
- April 2, 2021: In Comment Policy, changed “the collection and use your information …” (which contained a grammatical error!) to “our collection and use of personal information we receive through and/or in connection with your comment …” for clarity. In Contact Form and Email Communication Policy, changed “the collection and use of your information …” to “our collection and use of personal information we receive through and/or in connection with your message …” for consistency.
- December 14, 2020: In Comment Policy, changed “Comments may be screened prior to publication to prevent spam and/or defuse contentious arguments” to “Comments may be screened prior to publication to prevent spam and/or defuse contentious arguments, and/or may be subjected to certain automated tests in order to filter out submissions made by automated bots and discourage spam and other malicious activity.” In Contact Form and Email Communication Policy, added a similar statement to the item beginning “You authorize us to transmit your form submission …” also making some minor adjustments to the existing text to fit the addition. (The Privacy Policy already makes this point, but we thought it worth also mentioning here for clarity.)
- December 9, 2020: In Reprint/Reuse Policy, amended the “All other images or other media content” item to change “you may NOT copy, reuse, or redistribute any of the images or other media content …” to “you may NOT copy, redistribute, or otherwise reuse any of the images or other media content …” for greater clarity. In the “All Other Content” item, changed “you may only copy, republish, repost, or otherwise redistribute that content or any portion of it …” to “you may only copy, republish, repost, redistribute, or otherwise reuse that content or any portion of it …” and changed “(2) as allowed by any applicable license or other terms offered by the rights holder(s) …” to “(2) as allowed by any other license or terms offered by the applicable rights holder(s) …” for consistency.
- December 5, 2020: In Indemnification, changed “… any violation(s) by you of these Terms of Use and any interactions …” to “… any violation(s) by you of these Terms of Use and/or any interactions …”
- December 4, 2020: In the Reprint/Reuse Policy, amended the item about written content we offer under a specific license to change “details of which will be specified within or adjacent to the applicable content” to “details of which will be specified within and/or adjacent to the applicable content” and amended the subsequent item about material used under license to change “will be noted within or adjacent to the applicable material” to “will be noted within and/or adjacent to the applicable material” for consistency. Later in that policy, amended the item about images or other media content we offer under a specific license to change “details of which will be specified in the applicable caption or otherwise adjacent to the image or content” to “details of which will be specified in the applicable caption, otherwise adjacent to, and/or within that image or content (as appropriate)” and amended the item about images or other media content used under license to change “will be indicated in the applicable image caption or otherwise adjacent to the image or content” to “will be indicated in the applicable image caption, otherwise adjacent to, and/or within that image or content (as appropriate)”.
- December 1, 2020: Made various revisions throughout this page to refer to both Ate Up With Motor and its related services in a manner that better aligns with the wording of the Privacy Policy. In the third paragraph of the preamble, changed “outside of Ate Up With Motor” to “separate from Ate Up With Motor” in the interests of clarity. In the fourth paragraph of the preamble, changed “… including those linked from Ate Up With Motor or on which we may have accounts …” to “… including those linked from Ate Up With Motor or on which we may have accounts …” In FTC Disclosure Notice: Paid Advertisements and Endorsements, changed “… do not constitute a recommendation or endorsement by …” to “… do not constitute a recommendation of or endorsement by …” for better grammar. In the Comment Policy, changed “By submitting a comment to Ate Up With Motor:” to “By submitting a comment to the Ate Up With Motor website:”; struck the phrase “(and/or via the applicable related service(s))” (since that section applies specifically to the website’s comment system); changed “… which may be visible on the home page and other areas of the website as well as the specific article you commented on” to “… which may be visible on the home page and/or other areas of the website as well as the specific article you commented on” and changed “The contents of published comments may also appear in search results of the website’s search function” to “The contents of published comments may also appear in search results of the website’s search function and/or in the site’s web feeds, if any.” Also changed “Comments are published on the Ate Up With Motor website and/or its related services at our sole discretion” to “Comments on the Ate Up With Motor website are published at our sole discretion” for consistency and clarity. Later in that section, changed “Any use of the information contained in any comment on the Ate Up With Motor website and/or its related services, particularly comments containing mechanical advice, is entirely at your own risk” to “Any use of the information contained in any comment on Ate Up With Motor, particularly comments containing technical advice, is entirely at your own risk.” In Acknowledgements of User Assistance and Information, changed “… here or on Ate Up With Motor’s associated social media accounts …” to “…” here and/or on Ate Up With Motor’s associated social media accounts …” for consistency with the Privacy Policy. In Reprint/Reuse Policy, updated the item on Hotlinking to change “… hyperlinks to the Ate Up With Motor website or any individual page or post on the site” to “… hyperlinks to the Ate Up With Motor website, its web feeds, or any individual page or post on the site.” Also updated the item on Accessibility and Translation to change “… enabling you to access and/or use the Ate Up With Motor website, its content, and/or its related services” to “… enabling you to access and/or use the Ate Up With Motor website, its content, its web feeds, and/or its related services.” In Copyright/Intellectual Property Violations, changed “… violates your copyright …” to “… violates your copyright or other intellectual property right(s) …” and changed the words “work” and “work(s)” to material for consistency.
- November 13, 2020: In Comment Policy, amended the item regarding comments containing factual information pertaining to Ate Up With Motor to move the phrase “in the applicable content” to before the parenthetical example rather than after it and change “… and record it in our research notes” to “… and/or record the relevant fact(s) in our research notes” for greater clarity. In the Contact Form and Email Communication Policy, updated the similar item regarding messages containing factual information, corrections, or clarifications to better align with the wording of the corresponding item in the Comment Policy, for greater internal consistency. Tinkered a bit with the updated wording of the latter point to better reflect our intent.
- November 8, 2020: In Use of User-Supplied Images, changed “may retain archival copies of the Images for administrative purposes, or as part of backup files” to “may retain archival copies of the Images for administrative purposes and/or as part of backup files” and slightly adjusted the text formatting (changing which words in that sentence are boldface).
- October 24, 2020: In Comment Policy, changed “Technical problems, such as site backups or upgrades to the comment system, may occasionally result in the inadvertent deletion of recent comments” to “From time to time, comments may be inadvertently deleted due to technical issues or the restoration of the site database from older backup files” for greater clarity.
- October 8, 2020: In the Reprint/Reuse Policy section, updated the item on Accessibility and Translation to change “You are free to use accessibility aids or software (such as screen readers or automated text-to-speech readers) in any reasonable manner for purposes of enabling you to access Ate Up With Motor and read or view its content” to “You are free to use accessibility aids and/or assistive technology (e.g., screen readers or automated text-to-speech readers) in any reasonable manner for purposes of enabling you to access and/or use the Ate Up With Motor website, its content, and/or its related services.” In the item on written content we offer under a specific license and public domain material, updated the warranty disclaimers to change “including, without limitation, the associated copyright and other rights information” to “including, without limitation, the accuracy or completeness of any associated copyright and other rights information” (for consistency with the wording of other provisions in that section). In the item on written material used under license, updated the warranty disclaimer to change “including, without limitation, the associated license, copyright, and other rights information” to “including, without limitation, the accuracy or completeness of any associated license, copyright, and other rights information” (for the same reason). In the items on public domain images or other media content and images or other media content used under license, changed “Any use of such images …” to “Any use of such images or other media content …” Also updated the item on images or other media content used under license to change “you are free to copy or use the licensed image or content 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 applicable law” to “you are free to copy or use the licensed image or content in any manner allowed by the specified license (or any other license or terms offered by the applicable rights holder(s)) or otherwise permitted by applicable law” (again for consistency with the wording of the other provisions of this section). Adjusted some of the text formatting in that section (changing which portions of the text are in boldface, in the interests of clarity).
- October 4, 2020: In the Comment Policy and Contact Form and Email Communication Policy, changed “for reference, backup, and/or other internal administrative purposes” to “for reference, backup, and/or other administrative purposes.” In Use of User-Supplied Images, made a number of minor textual changes to correspond with the most recent updates to the Image Authorization Form terms: In the item regarding indemnification, separated the clauses with semicolons rather than commas (for grammatical reasons); changed “(except as specifically required to display the Images on the Ate Up With Motor website or for routine backup or other internal administrative purposes)” to “(except as specifically required to display the Images on the Ate Up With Motor website, and/or for routine backup or other administrative purposes)”; changed “and for routine backup or other internal administrative purposes” to “and/or routine backup or other administrative purposes”; changed “… shown in the Images or otherwise contained in the digital image files” to “… shown in the Images and/or otherwise contained in the digital image files”; changed “as part of backup files created by Ate Up With Motor or its web host” to “as part of backup files created by Ate Up With Motor and/or its web host”; and changed “Ate Up With Motor will not publish or otherwise distribute such copies …” to “Ate Up With Motor will not publish or otherwise distribute such copies (except for routine backup or other administrative purposes) …” Also adjusted some text stylization (changing which parts of the text are boldface) and updated the first item in the numbered list in that section to separate the clauses with semicolons rather than comma (again for grammatical reasons).
- September 29, 2020: Renamed the License for This Document section “Credits and License for This Document,” which is a more precise description. Made a minor clarification to an earlier item on this revisions list.
- September 19, 2020: Made a few minor amendments to the Comment Policy, changing the phrase “which disables the normal WordPress comment editing/deletion features” to “which disables the comment editing/deletion features the site’s content management system normally allows” and changing “we will use our best efforts to make the change or deletion you request” to “we will endeavor to make the change or deletion you request, to the extent we reasonably can.”
- September 18, 2020: Updated Use of Trademarks to state, “Ate Up With Motor, its logo, and other associated icons and graphics are trademarks and/or service marks of Aaron Severson dba Ate Up With Motor.” Also combined the next two paragraphs into one and amended the sentence beginning “Trade names, trademarks …” to “Other trade names, trademarks …”
- September 16, 2020: Fixed some formatting errors in the General Representations section, one of which was affecting much of the page. Also fixed a formatting error in several of the ordered lists in the Comment Policy section.
- August 6, 2020: Made a minor wording change in Use of User-Supplied Images, changing “Also, if you complete …” to “Similarly, if you complete …” (which is more grammatically appropriate in this context).
- July 23, 2020: Made some further updates to the Reprint/Reuse Policy to make it very clear that the policy is not intended to restrict your rights under any applicable license pertaining to the use of the content, also changing “this provision shall not be construed …” to “nothing in this provision is intended or shall be construed …” for emphasis and changing “rights holder” to “rights holder(s)” throughout for consistency (since in some cases there may be more than one), amending the adjacent text where necessary for grammatical purposes. In the provision on Trademark Use, changed “if the applicable owner or party authorizes …” to “if the applicable party or owners authorize …” for similar reasons. In the provision on hyperlinking, also updated the reference to the “Reusing Photos, Images, and/or Other Media Content” provision (which hadn’t been updated when that provision was renamed) and adjusted the formatting. In the provisions regarding images or other media content used under license, also added a sentence explaining, “To avoid any confusion in such cases, you may assume that our modified and/or adapted versions of such licensed images or other media content are also offered under the specified license unless we explicitly indicate otherwise.” (This has always been our policy, although in recent years, we have tried to specify that in the license information in the applicable captions rather than relying on people reading this page.)
- July 22, 2020: Updated the preamble to add a link to the Cookie Notice, noting that it forms part of the Privacy Policy and also constitutes the “cookie policy” for this website. Changed the phrase “please read it!” to “please read them!” for clarity. Removed an extra space elsewhere on this page. Also in the preamble, changed the phrase “shall be deemed to signify …” to “shall be deemed to refer to …” for consistency with the wording of the Privacy Policy. In the Reprint/Reuse Policy, added trademark notices for Creative Commons and amended the provision on hotlinking to clarify that that provision shall not be construed to in any way restrict or limit your rights to copy or use content we use or offer under license in any manner the applicable license permits. (That provision was never intended to limit or restrict the rights provided by such licenses, but we decided it would be prudent to make that expressly clear.) In the same provision, also changed “This stipulation does not apply …” to “Furthermore, this stipulation does not apply …” in the interests of clarity; changed “without our explicit permission” to “without our permission” (since in some cases the permission may not be or need to be explicit); and changed “HREF element” to “HREF attribute” (which is the correct technical term). Also added a Creative Commons trademark notice to the Use of User-Supplied Images section for consistency.
- July 21, 2020: Fixed an editorial error in the Reprint/Reuse Policy section: In the item on trademark use, the phrase “… to use their mark, name, or license” was supposed to read “… to use their mark, name or likeness”; we corrected the text.
- July 19, 2020: Updated the license section to change its name from “License for This Policy” to “License for This Document” and change references in that section to “this policy” to “these terms” for clarity. Also noted that the Automattic changelog can also be found in the repository mentioned in that section and added a notice stating that Automattic, Legalmattic, and WordPress.com are trademarks or registered trademarks of Automattic or Automattic’s licensors (and that WordPress is a registered trademark of the WordPress Foundation). Also added a trademark attribution notice to General Representations and made some minor wording changes to the Reprint/Reuse Policy section, the Use of User-Supplied Images section, and this revisions list (to ensure that the words “license” or “licenses” always appear immediately after “Creative Commons” throughout, for trademark attribution reasons).
- June 30, 2020: Made a number of minor amendments and clarifications to the Comment Policy: Changed “infringe the copyrights or any other rights (such as publicity rights) …” to “infringe upon the copyrights or any other rights (such as publicity rights and/or privacy rights) …” In the following paragraph, changed “to prevent spam or defuse contentious arguments” to “to prevent spam and/or defuse contentious arguments” and changed “any comment you post” to “any comment you submit” for consistency. In the next paragraph, changed “We may redact, edit, delete, decline to publish, or unpublish any comment at any time, with or without notice” to “We may redact, edit, delete, decline to publish, or unpublish any comment at any time, at our sole discretion, with or without notice” for emphasis. In the following sentence, changed, “Our reasons for editing, redacting, deleting, or otherwise modifying or unpublishing a comment may include …” to “Our reasons for editing, redacting, modifying, unpublishing, or deleting a comment typically include …” for slightly greater clarity. Added an item to the examples of typical reasons: “The comment appears to be a duplicate of one you previously submitted.” In subsequent items, changed, “or violates the privacy of any person” to “and/or may violate the rights and/or privacy of any person” and changed “The comment was originally posted in reply to another comment that has been deleted” to “The comment was originally submitted in reply to another comment that has been deleted.” Later in that section, changed “Again, we do not guarantee that any comment posted will be published” to “Again, we do not guarantee that any submitted comment will be published” for clarity and consistency. In the final paragraph of that section, changed “… or whose comments and/or other activities …” to “… and/or whose comments and/or other activities …”
- June 26, 2020: A few minor wording adjustments for consistency: In Comment Policy, changed “email notifications of replies or follow-up comments” to “email notifications of replies and/or follow-up comments” and added a comma after the phrase “… asking us to discontinue the notifications …” In Contact Form and Email Communication Policy, changed “via the email address or other contact information you provide” to “via the email address and/or other contact information you provide” and changed “on the Ate Up With Motor website or our associated social media accounts” to “on the Ate Up With Motor website and/or our associated social media accounts.”
- June 13, 2020: Amended Acknowledgments of User Assistance and Information to clarify that acknowledgments may also include (where applicable) the date(s) of the assistance. (This is just a clarification of our customary practice; we made the same change to the Privacy Policy.) Also adjusted the punctuation of that section of the text.
- May 30, 2020: In Acknowledgments of User Assistance and Information, changed “infringe on” to “infringe upon” for better grammar.
- April 26, 2020: Updated the preamble to fix a minor grammatical issue, amend the examples of related services to match the current text of the Privacy Policy, clarify that “dba” means “doing business as,” and note (for the avoidance of doubt and consistency with the wording of the Privacy Policy) that Aaron Severson is the owner of this website. Also changed the phrase “Please note that these Terms of Use …” to “Please note that the terms and conditions listed below …” In Reprint/Reuse Policy, clarified that that policy applies to content on the Ate Up With Motor website and/or, where applicable, its related services. In the item on reference use, changed “use our articles as references …” to “use our content as a reference …”
- March 17, 2020: In Reprint/Reuse Policy, revised the item on public domain written content to clarify that you will generally need our permission to reuse public domain content we have modified or adapted (which was already spelled out explicitly in the item regarding public domain images). Also in that item, added parentheses around the sentence noting that material that’s public domain in the U.S. isn’t necessarily in the public domain elsewhere and vice versa. Elsewhere in that section, clarified that you can translate our content (rather than just “written” content) for your own personal use or internal reference.
- March 3, 2020: In General Representations, amended the stipulation about not sharing sensitive personal or proprietary commercial information of others to add the phrase “without their permission.”
- March 2, 2020: More extensive update based on the latest (Feb. 21, 2020) version of the Terms of Service for WordPress.com. Updated the preamble to clarify some terminology and move the attribution/license information into a new License for This Policy section. Made changes throughout to streamline the website/related services terminology. Renamed Intended Users; Age Restrictions to Minimum Age Requirements and clarified that other types of legal inquiries pertaining to children (not just privacy-related ones) should be submitted by a parent, legal guardian, or other authorized adult representative. Renamed Representations and Indemnification to General Representations, moved the representations to a bullet-pointed list, clarified some provisions, and added some new stipulations (principally to spell out that you can’t use the site for spam, revealing sensitive personal or proprietary information, or spreading malware). Added a separate Indemnification section (after Limitation of Liability) with updated language. In Disclaimer of Warranties, changed “Neither we nor our contractors, vendors, or partners make any warranty” to “Neither we nor our contractors, vendors, partners, or licensors make any warranty.” In Limitation of Liability, added the phrase “Except to the extent otherwise required by applicable law” to the beginning of the sentence reading “Ate Up With Motor shall have no liability for any failure or delay due to matters beyond our reasonable control.” Updated Use of Trademarks to note that these Terms of Use don’t give you a license to our trademarks. Made some minor wording changes to FTC Disclosure Notice: Paid Advertisements and Endorsements. Updated the External Links section to relocate that section to just before User of Trademarks; change “presented” to “published”; change “external website” to “external website or online service”; and note that we also accept no responsibility for other websites or online services which may link to Ate Up With Motor. Make various revisions to the Reprint/Reuse Policy to clarify when you need our permission to reuse certain content (such as content owned by someone else that we have modified other than under a Creative Commons or other, similar license); explain that for content we use under license, we’ll now indicate along with the attribution and license information whether any modifications or adaptations we’ve made are offered under the same license (which certain licenses require); update some formatting; and adjust the wording of some of the provisions for clarity and consistency. Made some minor adjustments to the wording of Copyright/Intellectual Property Violations and revised the list formatting. Updated Governing Law to note that the appropriate venue is courts in Los Angeles County (which is much bigger than just the City of Los Angeles). In Termination; Severability, moved the waiver language to a new paragraph. Added a new Miscellaneous section. Removed some “Return to the top of this page” links that were no longer working. Changed the Other Elements subsection of the Reprint/Reuse Policy to “Programmatic Elements” to better describe what it applies to; changed Reusing Photos and Other Images to Reusing Photos, Other Images, and Other Media Content, revising the rest of that subsection to also include other media; and added a separate All Other Content subsection. Made some further minor wording adjustments throughout the Reprint/Reuse Policy for greater consistency.</
- February 29, 2020: Adjusted the wording throughout to make clearer that these terms also apply to Ate Up With Motor’s related services (e.g., the ateupwithmotor.com email addresses) as well as the website itself. Fixed a number of spelling errors and inconsistent capitalization of Contact Form. In Use of Trademarks, changed “mentioned or described on this site” to “mentioned, described, or depicted on Ate Up With Motor.” Made some wording changes to Acknowledgments of User Assistance and Information to match the current version of that language in the Privacy Policy. Removed a nonfunctional HTML anchor.
- February 25, 2020: Changed references to the “proprietor” to “owner” throughout. (Neither our identity nor our role has changed; we’re just trying to make the language more consistent with our other business documents, including our current fictitious business name registration.) Made some technical adjustments to this page’s anchors for internal links (to use ID rather than NAME attributes) and removed a “Return to the top of this page” link that was no longer working.
- February 15, 2020: Made some minor adjustments to the wording of the preamble.
- February 13, 2020: In the Contact Form and Email Communication Policy section, inserted a sentence about how to contact us regarding other privacy-related matters.
- February 12, 2020: Updated the text to change the name of the CCPA Request Form to the California Privacy Request Form and change references to Advertise with Us to Advertising Inquiry Form for consistency with the actual name of that form. In the Contact Form and Email Communication Policy, changed the phrase “to submit requests or questions regarding their privacy rights …” to “to submit requests or questions pertaining to their privacy rights …”
- February 11, 2020: Updated the Contact Form and Email Communication Policy to clarify the purpose of the CCPA Request Form, add stipulations about the use of that form, and explain that while CCPA Request Form submissions will not be published, we may publish and/or disclose de-identified and/or aggregated information or statistics about requests received.
- February 10, 2020: Updated the Contact Form and Email Communication Policy to include some additional language about CCPA Request Form submissions and clarify that the policy also applies to Image Authorization Forms and any other contact or feedback forms we may offer. Fixed some link configuration issues, changing internal links with rel=”noopener noreferrer” to “rel=”noopener” throughout.
- December 21, 2019: In the preamble, changed “the Terms of Use contained herein and other operating rules and policies that we may publish …” to “the Terms of Use contained herein and any other operating rules and policies that we may publish …”
- December 1, 2019: Updated Comment Policy to note that images you submit as part of a comment are subject to the terms of the Use of User-Supplied Images section.
- November 23, 2019: Updated Intended Users; Age Restrictions and Contact Form and Email Communication Policy (noting that, except as otherwise required by law, privacy-related requests or questions pertaining to minor children (under 18) should be submitted by a parent, legal guardian, or other authorized adult representative; changing “If we receive a communication from a person we know or reasonably suspect to be under the age of 18 …” to “Except as otherwise required by law, if we receive a communication from a person we know or reasonably suspect to be under the age of 18 …”; changed “may not submit comments, contact forms, or emails to this website” to “may not submit comments, contact forms, emails, or other messages to this website or through its related services”; clarified that the Contact Form and Email Policy also applies to any other feedback forms we may offer; and added a missing space). Updated Comment Policy (changing “to readers who are under age 18” to “to visitors we believe to be under age 18”; restructured the list; and clarified some wording). Made some further clarifications to the Contact Form and Email Communication Policy, slightly restructuring the numbered list. Updated the preamble to strike the phrase “or the Privacy Policy for this website” after the phrase “NOT to these terms.” Fixed a couple of minor formatting errors.
- June 28, 2019: Minor amendment to updated Reprint/Reuse Policy: Changed “and of course to create bibliographic citations for the content in any applicable format” to just “and of course to create bibliographic citations in any applicable format.”
- June 25, 2019: Updated the Reprint/Reuse Policy to clarify that creating bibliographic citations is always allowed, and changed the phrase “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 …” to “You are free to print a copy of any portion of the written content and/or save a copy to your computer/device …”
- June 17, 2019: Updated the Other Elements subsection of the Reprint/Reuse Policy to note that “distribute” can also mean “convey” in the sense defined by the GNU GPLv3.
- May 7, 2019: In Representations and Indemnification, added “and/or any violation(s) by you of these Terms of Use” to the “indemnify and hold harmless” paragraph. Also: At the beginning of that paragraph, changed “You further agree …” to “You also agree …”; struck “web host” (as it’s encompassed by contractors and vendors); simplified “any and all claims arising from your use of, interactions with, or business transactions involving any external website or third party …” to “claims related to any use of or business transactions with any external website or third party …”; and set off that clause in em dashes and parentheses. In the first paragraph about representations, added “that your use of this website is in accordance with these Terms of Use” set off with semicolons and changed “… and that your use of the site …” to “… and that your use and access …”
- May 6, 2019: Further refinements of the legalese in Disclaimer of Warranties: Changed “… we make NO WARRANTY of any kind, expressed or implied, of the content’s accuracy, completeness, non-infringement, merchantability, and/or fitness for any purpose, including, but not limited to, the repair, modification, purchase, appraisal, or sale of any vehicle” to “… we hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of non-infringement, merchantability, and fitness for a particular purpose (such as, without limitation, the repair, modification, purchase, appraisal, and/or sale of any vehicle).” Rewrote the second paragraph as follows: “Neither we nor our contractors, vendors, or partners make any warranty, express or implied, that the Ate Up With Motor website and its content will be error-free or that access to the website and its content will be continuous or uninterrupted.” In Representations and Indemnification, struck “advertisers” from the “indemnify and hold harmless” list that begins the second paragraph. Fixed a typo in that paragraph (“any any all” was supposed to be “any and all”) and inserted “but not limited to” ahead of “Ate Up With Motor’s advertisers” at the end of the graph. In the FTC Disclosure: Paid Advertisements and Endorsement section, inserted “(but are not necessarily limited to)” after “may include …” In the section of the preamble describing the version(s) Automattic terms we’ve adapted, changed “with some minor portions of …” to “with some elements of …”
- April 28, 2019: Minor adjustments to Disclaimer of Warranties: Changed “Except as otherwise required by law, or, in the case of material used or offered under license …” to “Except as otherwise required by law, and/or, in the case of material used or offered under license …” Changed “the content’s accuracy, completeness, or fitness for any purpose” to “the content’s accuracy, completeness, non-infringement, merchantability, and/or fitness for any purpose” and changed “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” to “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, or that the website will be free of errors.”
- April 9, 2019: Under Use of Trademarks, changed “we have no affiliation or partnership with” to “we have neither any affiliation or partnership with” for grammatical purposes. Under Disclaimer of Warranties, changed “the site content may contain” to “the site content may present” for similar reasons.
- March 25, 2019: Under Use of Trademarks, changed “Except as otherwise explicitly indicated, we have no partnership with, relationship to, or endorsement by the holders of such marks, and no such partnership, relationship, or endorsement is implied” to “Except as otherwise expressly indicated, we have no affiliation or partnership with nor any endorsement by the holders of such marks, and no such affiliation, partnership, or endorsement is implied.” Under External Links, changed “… any external website (including the websites of Ate Up With Motor advertisers)” to “… any external website not owned and/or operated by us (including, without limitation, the websites of any Ate Up With Motor advertisers).”
- March 23, 2019: Made a minor amendment to the Use of User-Submitted Images terms to note that if you fill out the Image Authorization Form or make some other type of image-use/licensing agreement with us, those terms will apply instead of the ones listed in that section, as with Creative Commons licenses.
- March 6, 2019: Updated the FTC Disclosure Notice: Paid Advertisements and Endorsements section to add “Paid Promotion” to the list of words that may be used to identify paid advertising or links. Changed the beginning of that sentence from “All such …” to “Such …”; changed “will be identified with the words …” to “will be identified with words such as, as appropriate, …”; and changed “or by images or icons containing those words” to “or by images or icons containing such words.” Made a clarification to the entry in this revision list for February 28, 2019, to clarify what we changed at that time.
- March 4, 2019: Fixed some punctuation issues.
- February 28, 2019: Updated the FTC Disclosure Notice: Paid Advertisements and Endorsements section, making various minor wording changes; fixing a grammatical error; and noting that paid ads or links may be identified with words (or images or icons containing the words) “Sponsored Content,” “Advertisement,” or “Advertisements” as well as “Sponsor”/”Sponsors”/”Sponsored Link(s).”
- February 6, 2019: Amended the language about the Google Fonts API to also include Google Hosted Libraries. Amended the Comment Policy to revise and expand the language regarding responding to your comments via email, also consolidating it with the related item for clarity.
- February 3, 2019: Under Reprint/Reuse Policy, made some minor adjustments to the examples listed in Accessibility and Translation.
- February 1, 2019: Fixed some typos, updated text styles, and edited link titles on this page for better accessibility.
- January 27, 2019: Further minor streamlining of Reprint/Reuse Policy, changing “Except as expressly required under the terms of the applicable Creative Commons license or other license or otherwise required by law” to “Except as expressly required by the terms of the applicable license or otherwise required by law” throughout (and changing an instance of “under the terms” to “by the terms”). Fixed a typo earlier in this list. In the preamble, changed “this website and its content” to “this website, its content, and related services such as the ateupwithmotor.com email addresses” and added two new paragraphs explaining that these terms don’t apply to our business dealings unrelated to Ate Up With Motor and that third-party sites or services linked from Ate Up With Motor (or on which we have accounts) have their own terms.
- January 18, 2019: Minor amendment in Reprint/Reuse Policy: changed “In the event we distribute such licensed non-text/non-image elements …” to “In the event we distribute any such non-text/non-image elements …” In the preamble, changed “some very minor” to “some minor.”
- January 16, 2019: Clarified warranty disclaimer language in Reprint/Reuse Policy. Fixed a typo on this list (the date of the prior modification was supposed to be 2019).
- January 13, 2019: Updated Reprint/Reuse Policy with a subsection on elements that are neither written content nor images.
- November 29, 2018: Added warranty disclaimer language to the Reprint/Reuse Policy items regarding content we offer under license.
- November 28, 2018: Clarified the Reprint/Reuse Policy by changing “copyright and rights information” to “copyright and other rights information” (with or without an Oxford comma) and (in the Comments item) changing “reprint our comments …” to “reprint our comments and/or other content owned by us …” Also added “… or, for content not created by us, the authorization of the applicable rights holder” to the “All Other Written Content” item; changed “Again, these stipulations do NOT apply to public domain material or material used or offered under license as specified above” to “Again, these stipulations do NOT apply to public domain material or material used or offered under a Creative Commons license or other, similar license, as specified above”; changed “specified adjacent to the applicable …” to “specified within or adjacent to” throughout that section; and changed “by the applicable Creative Commons license or other license agreement” to “under the terms of the applicable Creative Commons license or other license”.
- November 27, 2018: Updated the Reprint/Reuse Policy to move the “no warranty” text regarding licensed images to the applicable items, amending the wording slightly to align with the similar wording under the licensed text item above. Added similar “no warranty” text to the item on public domain text.
- October 22, 2018: Updated this page’s hyperlinks with “rel=noopener” or “noopener noreferrer” attributes for security purposes.
- October 16, 2018: Fixed a typographical error in this revision list. Updated the preamble text to emphasize that we’re based in the U.S. and updated some text formatting. Minor wording clarification to Governing Law text.
- September 29, 2018: Updated Comment Policy to note that published comments may appear in search results of the website’s search function.
- September 28, 2018: Updated and clarified/streamlined Comment Policy, adding additional information about email notifications and modifying/deleting comments.
- September 26, 2018: Clarified Comment Policy text about the Recent Comments Widgets (including noting that there is more than one such Widget).
- September 17, 2018: Minor wording clarification in the Contact Form and Email Communication Policy (“… except as described in …” → “… except under the conditions described in …”)
- September 5, 2018: Updated Contact Form and Email Communication Policy to note that if you contact us via a non-Ate Up With Motor email address or account, we will typically forward the message to the applicable Ate Up With Motor account/address and respond from there.
- August 31, 2018: Changed contact email for changing an Acknowledgment of User Assistance to admin (at) ateupwithmotor (dot) com. Updated Contact Form and Email Communication Policy to clarify that the item pertaining to publishing inquiries refers to Contact Form and Advertise with Us form submissions.
- August 29, 2018: Updated Comment Policy to note that comments you submit may appear in the Recent Comments area. Changed “pseudonym” to “name/pseudonym” in that item for clarity. Added a subsection on comments to the Reprint/Reuse Policy. Added a link to the Financial Transactions Policy.
- August 25, 2018: Updated Use of Trademarks to include service marks and changed the subsequent references to “trademarks and trade names” or “trademarks” in that section to just “marks.”
- August 11, 2018: Clarified the wording of the Contact Form and Email Communication Policy section related to publishing excerpts of your inquiries, including adding “safety” to the phrase “provided that it does not infringe the rights or safety …” Adding a clarifying point to the Acknowledgments of User Assistance section about certain personal information being implicit in the nature of some forms of assistance. Updated the Use of User-Supplied Images terms to match the current version of the Image Authorization Form.
- July 13, 2018: Further cleaned up age restriction language to avoid confusion, tidied up the preamble wording and formatting, and noted that we’ve borrowed a few bits and pieces from more recent versions of the WordPress.com TOS under the same license.
- July 12, 2018: Updated age restriction language so that it’s no longer split between these terms and the Privacy Policy. Under Representations and Indemnification, changed “you represent that …” to “you represent and warrant that …” Editorial correction.
- July 4, 2018: Minor change to the Use of User-Supplied Images to match the wording of the updated authorization form: changed “for the specific purpose of displaying the Images on the Ate Up With Motor website or for routine backup or other internal administrative purposes” to “for the specific purposes of displaying the Images on the Ate Up With Motor website, clearly indicating their provenance, and for routine backup or other internal administrative purposes.” Clarified Contact and Email Communication Policy by amending “respond to your inquiry as appropriate via the email address you provide” to “respond to your inquiry as appropriate via the email address or other contact information you provide.” Clarified Comment Policy to make clear that we may reply to your comment via email. Minor editorial corrections.
- May 25, 2018: Amended Comment Policy to clarify editing/deletion procedures. Minor editorial correction to replace double dashes with em dashes.
- May 20, 2018: Updated Use of User-Supplied Images to include additional language about personal information in images.
- May 19, 2018: Amended Comment Policy to match updated Privacy Policy terms. Replaced references to “username” with “pseudonym” throughout.
- May 10, 2018: Changed age restriction language from 13 to 16.
- April 4, 2017: Updated links from http to https.
- 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 4, 2016: Added link from Comment Policy to the section of the Privacy Policy dealing with Comments and Personal Information.
- 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. [We changed our position on this effective March 17, 2020.]
- 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 license or other, 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 11, 2016: Reworded Hotlinking section of Reprint/Reuse Policy for greater clarity. ETA: Further clarified Reprint/Reuse Policy and revised highlighting/boldface/styles throughout that section (including adding subheadings for ease of reading). ETA: Amended Contact Form and Email Communication Policy to better align with the terms of the Privacy Policy and to clarify how we may use your inquiry (including that inquiry excerpts may also be published on our associated social media accounts).
- January 8, 2016: Updated Acknowledgments of User Assistance and Information sections to match reworded language in the equivalent section of the Privacy Policy. (We’ve included the identical language in both policies for ease of reference.)
- 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 href=”#Reprints”>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 APIs Terms of Service 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 the specified license. 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 license 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 license information.
Please contact us if you need information on earlier revisions.