1. ACCEPTANCE OF TERMS
You Carz provides a collection of on-line resources including classified ads and links to other sites, commonly referred to (hereafter referred to as “the service”) subject to the following terms of use (hereinafter referred to as “TOU”). By using the service in any way you are agreeing to comply with the TOU. In addition, when using particular You Carz services you are agreeing to abide by the applicable posted guidelines for all services offered by You Carz. These guidelines may change from time to time. Users who object to any term and condition of the TOU, be it guidelines or any such modifications thereto, or in any way become dissatisfied with You Carz in any way, are limited to a recourse of immediate discontinuance from the use of You Carz. The TOU may be enforced in the discretion of You Carz, therefore You Carz has the right but is not in any way obligated to strictly enforce the TOU through self-help, community moderation, active investigation, litigation or prosecution for breaches of the TOU. A user who posts content wherein there is a depiction of or a picture of a person guarantees and warrants to You Carz and to all browsers that it has previously obtained in writing the express permission of that person depicted or that person in the picture to have themselves posted as content on You Carz.
2. MODIFICATIONS TO THE TERMS OF USE
You Carz may in its sole discretion change, modify or alter these TOU and conditions at any time without prior notice. Any and all modifications become effective immediately upon the posting thereof. It is the obligation of the user to review this agreement on a regular basis and keep itself informed of any changes to the TOU.
3. CONTENT
The user understands that any and all postings, messages, text, files, images, photos, videos, sounds or other material (hereinafter referred to as “content”) which are posted on, transmitted through or linked from the service are the sole responsibility of the person from whose such content originated. You Carz does not control and is not responsible for the content made available through the service and therefore the person who originates the content is entirely responsible for each individual item (hereinafter referred to as “content”) that is posted, e-mailed or otherwise made available by the service. A person using the service is hereby put on notice that he or she may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. The user should be aware that the content available through the service may contain links to other websites which are completely independent of You Carz. You Carz does not pre-edit or pre-approve the content posted, e-mailed or linked to its site and therefore makes no representation, warranty or guarantee as to the accuracy , completeness, correctness, appropriateness or authenticity of the information contained in any other site that it is linked to. A user who provides a link to another website does so at his own risk and the user who goes through a link to another website does so at their own risk and is responsible for making its own evaluation and bearing all of its own risk associated with use of any content. The user agrees that the content may not be reliable and under no circumstances will You Carz be liable in any way for any content or for any loss or damage of any kind incurred as the result of the use of any content which is posted, e-mailed or otherwise made available through the service. A user who posts content agrees that You Carz shall have the right but not the obligation in its sole discretion to refuse to leave or remove the content that is available by the service for violating the letter or spirit of the TOU or for any other reason.
4. CONDUCT AND BEHAVIOR
You Carz does not allow the use of profanity or patently vulgar language or symbols whether printed or otherwise represented in any public area of its site with respect to content. This includes the use of language that is racist, hateful, sexual or obscene in nature.
You Carz does not permit any user or member to misrepresent themselves as You Carz employees or as any other You Carz members.
A user shall understand that the content posted by other users is not the content of You Carz. A user shall give its correct name and address and/or telephone number including fax and e-mail and any websites requested when registering on You Carz. Such information shall be truthful, honest and accurate. If another user believes that such contact information is false we would ask that it please be reported through our customer service link.
You Carz does not prevent spam to any of the other users. Spam is e-mailed as both unsolicited and is commercial in nature.
No user is allowed to make threats of physical harm to any other person or any property by any method including phone, mail, e-mail or any public message board or by any other link from or to this site. Such behavior is prohibited.
Any user who interferes or attempts to interfere with the You Carz site or operations using any software program or routine or activity shall be immediately canceled and banned from the site.
The user shall herein agree that this is not an auction site. You Carz does not facilitate the determination of price by way of auction or payment. All such arrangements shall be made with the content poster and the user reading the posting. All deals for purchase or sale of any item in the content shall be a deal to which the parties are only the person providing the content and the user buying but what is posted as content. You Carz is not a party to any such agreement and makes no representation as to the terms, conditions, warranties or other representations associated with such dealings. Such dealings are solely between the users who are looking to buy and the content posters who are looking for purchasers. You Carz urges and encourages a user to make appropriate investigations as to the accuracy and fitness for use of any item that is listed for sale, lease or transfer in the content of the site as would be done in the ordinary course of business. All users, whether they are looking to buy or posting to sell, agree that You Carz shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings. If there is any dispute between participants on the site or between users and any third party, it is understood and agreed that You Carz is under no obligation whatsoever to become involved. Furthermore, the user or poster of content agrees not to involve You Carz in any manner, shape or form. By using the site, either to look for items to purchase or to post items for sale, you hereby release You Carz, its officers, employees, agents and successors, in rights from claims to mend damages, actual or consequential of any kind, nature, known or unknown, accrued or accruing, suspected or unsuspected, disclosed or undisclosed arising out of or in any way related to such disputes.
The users understand that counterfeits, unauthorized replicas and unauthorized items, including items that may bear original manufacturer’s stampings which have been placed upon items which are not of an original manufacturer are not permitted to be sold on You Carz. You Carz advises all users that if any product being sold bears the name or logo of a company or any intellectual property of the company, including copyright, industrial design or patent, that is a breach of any intellectual property right then such items should not be listed for sale.
5. LINKS TO OTHER SITES
A user shall not create a link from this website to any other website or document without You Carz prior written consent. All persons who post content must do so only with and in accordance with a contract for payment for use of the site for that purpose. Any user posting content is certifying to You Carz that it has the property in or is licensed to post the intellectual property shown in the posting including trademarks, copyrights, industrial designs and any elements of a patent.
6. PRIVACY POLICY
You Carz has an established privacy policy to explain to its users how information is collected and used. This policy is located at a different address within the site. Your use of the You Carz website for the service signifies acknowledgment and agreement to our privacy policy and a further acknowledgment agreement that You Carz in its sole discretion preserve or disclose your content as well as your information such as e-mail addresses, IP addresses, timestamps and any other user information it is required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOU, respond to claims that any content violates the rights of third parties, respond to claims that contact information such as phone numbers or street address of a third party has been posted or transmitted without their consent or as a form of harassment and generally to protect the rights, property or personal safety of You Carz, its users and the general public.
7. RETURN POLICY
YouCarz.com provides you with great tools and maximum exposure to list your vehicles for sale. Generally, The listing appears instantly after it is submitted and YouCarz.com members can edit and enhance their listings when logged on in their personal page and they are able to correct any mistake they have made in their listing instantly and during the entire time listing Period. Therefore YouCarz.com is unable to offer any refund for listing fees because of listing errors.
Furthermore,YouCarz.com cannot offer any refund for listing cancellation if a vehicle has not been sold or you have not received any offer after it has been listed on YouCarz.com or if your vehicle is sold through other resources.
8. ACCESS LIMITATIONS
Users agree to take no steps or to use any automated device or computer program or code or electronic system whatsoever to attempt to gain unauthorized access to You Carz that disrupts, diminishes the quality of, interferes with the performance of or impairs the functionality of the service, or additionally uses any form of automation by way of computer program or device that enables the submissions or postings or e-mails without adding each posting being manually entered by the author thereof.
9. USE OF THE SERVICE
The users acknowledge that You Carz may establish limits concerning the use of the service including maximum number of days that content will be retained the maximum number and size of postings, e-mails or other content that may be transmitted or stored on the service and the frequency by which any user may access the service.
It is agreed that You Carz has no responsibility nor shall be liable for the breach and failure to store any content maintained or transmitted by the service.
The user acknowledges that You Carz has the right at any time to modify or discontinue the service or any part thereof without prior notice and that You Carz shall not be liable to any user or any third party for any modification, suspension or discontinuance of the service.
The users agree that You Carz in its sole discretion has the right without any obligation to delete or deactivate any account of a user, to block the e-mail of a user or its IT address or otherwise terminate a user’s access to use the service for browsing for items for sale or posting items for sale. You Carz has the right to do so immediately and without notice upon any transgression or breach of the TOU and to remove and discard any content within the service for any reason including without limitation that the user has acted inconsistently, either explicitly or within the letter or the spirit of the TOU.
A user agrees not to copy, download or otherwise reproduce any posted content that they are not the author of from the service. The user agrees that it shall not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code in the service.
All users agree that the trademarks and copyright of You Carz as listed hereon are the sole and exclusive property of You Carz and they shall not be produced, copied or linked to under any circumstance whatsoever whether or not a trademark is registered, pending or not.
The users who post content upon the service agree that the ownership of the content shall remain with the author of the content. However it does grant the automatic right and represents and warrants to You Carz that it may in its discretion irrevocably and perpetually non-exclusively have a world-wide license to use copy, perform display and distribute the content and to prepare derivative content and to incorporate such into other works the said content and to grant by sub-licenses through multiple tiers of the foregoing. Additionally, by posting content onto any public area of the service where a person may browse for items for sale, the person posting automatically grants to You Carz all rights necessary to prohibit any subsequent display and copy and duplication, reproduction or exploitation of the content on the service by any party for any purpose.
10. DISCLAIMERS OF WARRANTIES
You agree that use of the You Carz site and the service is entirely at your own risk. The You Carz site and the service are provided on an “as is” or “as available” basis, without any warranties on any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, You Carz disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the You Carz site and the service. To the fullest extent permitted by law, You Carz disclaims any warranties for other services or goods received through or advertised on the You Carz site or the sites or service, or accessed through any links on the You Carz site. To the fullest extent permitted by law, You Carz disclaims any warranties for viruses or other harmful components in connection with the You Carz site or the service. Some jurisdictions do not allow the disclaimer of implied warranties, In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
11. LIMITATIONS OF LIABILITY
Under no circumstances shall You Carz be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if You Carz has been advised of the possibility of such damages), resulting from any aspect of your use of the You Carz site or the service, whether the damages arise from use or misuse of the You Carz site or the service, from inability to use the You Carz site or the service, or the interruption, suspension, modification, alteration, or termination of the You Carz site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the You Carz site or the service or any links on the You Carz site, as well as by reason of any information or advice received through or advertised in connection with the You Carz site or the service or any links on the You Carz site. These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
12. VIOLATION OF TERMS AND CONDITIONS
Violations of this policy may result in a range of actions including listing cancellation, limits on user privileges and account suspension and forfeiture of fees paid.
13. INDEMNITY
All users agree to indemnify and hold You Carz, its officers, subsidiaries, agents, successors, assigns, directors , officers, service providers, suppliers and employees harmless from any claim or demand including all of its attorney fees, lawyers fee or court costs which may be made by any third party due to or arising out of any content submitted, posted or made available through the service or by any person who is browsing the service whether or not such posting or use is a violation of the TOU or is a breach of any of the representations or warranties herewith which a user may have made or to any violation of any rights of any other person.
GUIDELINES FOR CREATING LEGALLY COMPLIANT LISTINGS
As a Vendor you are ultimately responsible for the legality of any item you offer for sale on You Carz and the listing describing that item. If your item or listing violates You Carz policy or is reported to You Carz by an intellectual property rights owner as violating its rights, the listing may be removed from You Carz. Repeated violations can lead to the suspension of your You Carz account. So, it is in everyone’s best interest for you to create listings that are not legally objectionable.
You Carz Guidelines on Creating Compliant Listings:
The following are general guidelines to help you create listings that do not infringe the intellectual property rights of others. However, these guidelines are not intended to constitute legal advice. Given the wide range of products available for sale on You Carz, You Carz cannot be an expert in the specific intellectual property concerns regarding each item, and cannot offer brand specific advice. If you have specific questions about the legality of your item, you should contact the manufacturer or an intellectual property lawyer.
Create your own Listing Content:
1. You should avoid “borrowing” text or images (including photos) from other listings on You Carz, a manufacturer’s website, product catalogers, or other sources without specific permission from the owner. Contrary to popular belief, simply because images and text may be found somewhere on the Internet does not necessarily mean that they are not protected by copyright laws. Copyright laws apply to the Internet, and manufacturers or other copyright owners may object to the use of text or images that they own or have created.
2. You should write your own descriptive text for your listing.
Make sure the Statements in your Listing are accurate:
1. You should make sure that all statements and claims in your listing are true and complete. Rights owners may object to listings that contain false, inaccurate, or misleading claims about their products. If you are not sure if a statement you want to make is true, double check it and rely only on credible sources. Someone on a message board may sound like they know what they are talking about but you are the one who will be responsible for the content.
2. Making sure your listing is accurate and complete will not only help you avoid intellectual property concerns, it will also help buyers understand what they are buying, eliminating miscommunications that might lead to a poor transaction and negative feedback.
Use Brand Names appropriately:
1. If you are selling a brand name product, you can mention the brand name in your listing and include an image that depicts the product you are selling. However, you should avoid suggesting that you are an official dealer or reseller, if you are not, and avoid using the manufacturer’s logo, other than as it may appear in context on the product.
Example: If you are selling an Acme brand television, you can mention the Acme brand in your description but you should not display a separate image of the Acme logo or state that you are an Acme dealer if you are not authorized by Acme to do so.