User Agreement and Terms of Use
Terms of Use
These Terms of Use describe the terms and conditions under which you, the user, are granted the right to use Web sites operated by Underhood.space, Inc. (Underhood.space) (hereinafter “Web site” if singular, or, Web sites if the use of more than one site is referred to).
USER AGREEMENT
BY USING THIS WEB SITE YOU REPRESENT YOU ARE OF LEGAL AGE AND AGREE TO BE BOUND BY THESE TERMS OF USE, AND ANY SUBSEQUENT MODIFICATIONS, AND THE PRIVACY POLICY AND ALL OTHER POLICIES POSTED ON THE WEB SITES.
Your use of this Web site is contingent on the foregoing agreement, and if you do not agree, you must cease using the Web site. Your electronic acceptance of these Terms of Use and other posted policies through your use of this Web site shall have the same force and effect as if you had actually signed an agreement embodying these terms. UNDERHOOD.SPACE may change these Terms of Use at any time by posting changes on this page of the Web site. It is your responsibility to review these Terms of Use prior to each use of the Web site. By continuing to use the Web site, you agree to any such changes.
WEB SITE AND CONTENT
Web Site AvailabilityUNDERHOOD.SPACE may change, suspend or discontinue availability of any aspect of the Web site at any time. We may also impose limits, registration requirements or fees on certain features or services or restrict your access to parts or the entire Web site or may delete or suspend any or your entire user created content without notice or liability. In addition, the Web site may contain links to other Internet sites, resources, and sponsors or advertisers on the Web site. We are not responsible for the availability of these outside resources, or their contents, and accordingly, you should direct any concerns regarding any link or other Web site to the site administrator or webmaster of such site.CopyrightAll content on the Web site is protected by copyright, and owned or controlled by UNDERHOOD.SPACE, or the party accredited as the owner or provider of the content. You must abide by all copyright notices, information, or restrictions contained in any content accessed through the Web site.Personal Non-Commercial UseThis Web site is for your personal and noncommercial use only. You may download or copy the content on this Web site for personal use, but only if you preserve and display all copyright and other notices relating to that content.
Any other use of the content is prohibited without prior written permission from UNDERHOOD.SPACE (see Contact Us at the end of these Terms of Use), or the copyright owner identified in the copyright notice in the content. Any commercial spam intended to underhood traffic or otherwise promote your web site(s), goods or services using the Web Site or its blog or any other user created content feature of the Web site is strictly prohibited.Links/Advertisements/Search EnginesThe Web site may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement or recommendation by the Web site, or by UNDERHOOD.SPACE of these sites, but is for your reference and convenience only. We are not responsible for the content or accuracy of any third-party or off-site pages or any other sites linked to the Web site. Linking to any other third party or off-site pages or other sites is at your own risk and subject to the terms and conditions of use of those sites.
The Web site also contains advertisements by third parties. Unless otherwise specifically stated on the Web site, we do not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Web site.
Unless otherwise prohibited under these Terms of Use, you are permitted to create hyperlinks to the content on the Web site (including deep linking to articles or pages within site), provided that
Search engines and indexing agents are required to obey the restrictions of any Robots.txt files located on UNDERHOOD.SPACE Web sites.
Online MarketplaceCertain areas of the Web site are online marketplaces where registered users (Buyers) may shop for goods listed and offered for sale (Items) by authorized dealer/advertisers (Sellers) who are commercial customers of UNDERHOOD.SPACE and who are not affiliated with, or related in any way to, UNDERHOOD.SPACE. UNDERHOOD.SPACE intends to create a superior shopping experience, anchored by start-of-the-art technology and strong relationships with reputable Sellers.
However, in our Online Marketplace(s), the Seller owns and manages the sales of Items on our Website. As such, ANY TRANSACTION ENTERED INTO BY A BUYER WITH A SELLER ON THE WEB SITE IS SOLELY BETWEEN THE BUYER AND THE SELLER and UNDERHOOD.SPACE has no liability for the Item, its advertised description, pricing, fulfillment timing, packaging, shipping method, payment or any other characteristic or requirement of the transaction. While certain system-based features of the Web site support the processing and communications of these transactions, UNDERHOOD.SPACE makes no representations or warranties regarding Marketplace transactions other than those described in the Legal Terms section below.
No Representations or WarrantiesUNDERHOOD.SPACE and its owned online operations make no representations or warranties as to the validity, truthfulness, accuracy or legality of any content on the Web site, including without limitation any content submitted by any user (see Legal Terms below).
USER CREATED CONTENT
SubmissionsYou must be at least 18 years old to contribute content to this Web site.
By submitting any material (text, photos, videos or other content) to UNDERHOOD.SPACE either through the Web site or physical delivery, you agree to be bound by these Terms of Use. It is your responsibility to review and understand these terms at the time of your submission. By your submission you retain copyright ownership, but agree to the free and non-commercial redistribution and use of your content by other users, and agree to and grant the license to UNDERHOOD.SPACE as described next.
LICENSE: Through your submission of any materials of any kind (whether text, photos, video or other content), you grant to UNDERHOOD.SPACE the irrevocable, nonexclusive, worldwide, royalty-free, fully paid-up, transferable and sub-licensable right and license to host, index, cache, tag, encode, use, copy, modify, adapt, transmit, excerpt, remove, publish, distribute, publicly display and perform, and create derivative works of, in each case in any media now or hereafter known and in any manner for any non-commercial or commercial purpose (collectively Use) the content submitted by you with no monetary compensation at any time. By making any submission, you thereby waive your rights and allow the materials to be edited or otherwise changed in any manner not agreeable to you. UNDERHOOD.SPACE has no obligation to provide attribution for any content you post. If you do not agree to these terms, do not submit any content. Nothing in these Terms of Use prohibits you from redistributing or selling your original content to other parties
You are solely responsible for all content that you post, e-mail or otherwise make available through the Web site. For all content provided by you, you agree to indemnify UNDERHOOD.SPACE as provided in Legal Terms below.
Content Submission Rules and RestrictionsBy submitting any content, you represent and warrant that:
(1) you either own the content or have all necessary rights to use and submit it;
(2) all information you provide is true, accurate and complete, and does not violate these
Terms of Use or the terms of any third party license; (3) the content will not cause injury, embarrassment or harm to any person or entity. You agree not to submit any content in any forums, chats, e-mails or otherwise that:
(1) is libelous, defamatory, obscene, pornographic, or otherwise illegal;
(2) is threatening, abusive or disruptive to other users (including without limitation repetitive, meaningless messages, personal attacks, content constituting spam, etc.);
(3) abuses or discriminates on the basis of race, religion, nationality, gender, sexual orientation, age, disability, or other legally protected class;
(4) infringes any party s intellectual property rights, including without limitation copyrights and trademarks;
(5) impersonates another person, organization or misquotes another person;
(6) violates any applicable law, or violates any party s rights;
(7) offers, advertises or promotes any goods, services or web sites; or solicits any funds or consideration
(8) contains malware or other virus insertions that may pop-up, install, attack or otherwise impact anyone using the Web site or any of its features.
In addition, you agree not to contact any users of the Web site (including through off-line communication) for the purpose of threatening, harassing or abusing them due to their content submissions on the Web site.
You agree that UNDERHOOD.SPACE has no responsibility to store or provide use of your user created content. As such, UNDERHOOD.SPACE disclaims liability for the, deletion of, failure to store, failure to provide access to, or failure to transmit any user created content placed on the Web site. UNDERHOOD.SPACE retains the right to create limits on use and storage of user created content at its sole discretion and apply those limits at any time with or without notice.
You are solely responsible for the content you submit. UNDERHOOD.SPACE does not and cannot review every submission made and is not responsible for the content of any submissions. However, content that is deemed inappropriate or in violation of these Terms of Use, in UNDERHOOD.SPACE s sole discretion, will be removed from public view and/or deleted in whole or in part. You may contact us if you disagree with any removal (see Contact Us below); however, all decisions regarding content and compliance with these Terms of Use will be determined by UNDERHOOD.SPACE in its sole discretion. If you disagree with these conditions, do not submit any content.Identity and PrivacyYou must use a consistent handle or account name for any submissions you make, and you may not submit content under another person s name. If you are an elected official, you must submit content identifying yourself as such when posting about a political issue. Sock puppets are not permitted (i.e., using a fake or alternate identity to post content for a deceptive purpose, such as without limitation, praising a person or company without disclosing an underlying affiliation with that person or company).
We reserve the right to include your real name on your internet postings if required through registration or otherwise provided to us, or when republishing your material in a printed edition of one of our publications.
UNDERHOOD.SPACE does not warrant or claim to have verified the identity of any user. There may be users who participate under a false identity.
For information on our privacy policies regarding personal information gathered on the Web site, please see our Privacy Policy also located at the bottom of our Web pages, which policy is incorporated herein by reference.Offline MeetingsUNDERHOOD.SPACE Web sites may offer the ability for users to create personal profiles and otherwise offer blogs, message boards, or other similar forums that are designed to allow individuals to exchange information and ideas related to hobbies, collectibles and other special interest or enthusiast subject matters about which we choose to publish or otherwise develop electronic media. Such information exchanges enable individuals to meet each other for any purpose.
In addition, any posting to the Web site will be publicly viewable, and your identity may be discovered by other users. We cannot vouch for the safety of offline meetings of individuals you meet through the Web site, and such meetings are held at your sole risk and liability. Furthermore, you are advised to be careful not to divulge personally identifying information about yourself, including but not limited to your telephone number(s), street addresses, URLs or e-mail addresses publicly on the Web site. If you do provide this information on the Web site or to a third party who you met through the Web site, it is at your sole risk.
In addition, if you choose to submit content to the Web site in an area that requires that your real identity be disclosed, you do so at your sole risk and liability.
WEB SITE REGISTRATION
RegistrationsSome areas of the Web site may require registration in order to gain access or submit content. You may not create more than one account unless expressly permitted in the registration rules. If you create multiple accounts, you are prohibited from creating the appearance that multiple accounts controlled by you are in fact all different individuals.TerminationYou agree that at our sole discretion, and in our sole judgment, we may terminate your account at any time with or without cause.
Termination for cause may include, but is not limited to:
(1) Violations of these Terms of Use;
(2) Violations of other posted rules of conduct;
(3) Violations of law or intellectual property rights;
(4) Harassment or belittling conduct toward individuals, companies or other third parties;
(5) An expression of your unwillingness to abide by these terms and conditions or other clearly posted site rules;
(6) Failure to abide by the instructions for guidelines of forum moderators, editors or other authorized members of the community to provide such moderation;
(7) Failure to provide real, verifiable information about your true identity where requested or instructed.Termination of a user s account may include any of the following actions:A complete deletion (non-recoverable) from all files, databases and any and all storage mechanism of the user s files, uploads, content, and personally identifiable information. In such a case, neither UNDERHOOD.SPACE nor its third party service providers have any obligation to retrieve or restore deleted data, or otherwise make good in any fashion the loss of such data.
User data, including without limitation submitted content, errant code or personal information, may also be hidden from public view, but not destroyed. In such a case, neither UNDERHOOD.SPACE nor any third party service providers are under any obligation to retrieve or restore such data.
Users who are terminated are prohibited from creating new accounts without prior written consent of UNDERHOOD.SPACE. UNDERHOOD.SPACE will determine in its sole discretion whether to reinstate a given User. Users may also appeal account termination by writing to:underhood.space@gmail.com
When applying for a new account, or appealing a termination decision, please include printouts of all relevant data, e-mails, postings, including the domain name where the primary account was held and the date the account was terminated. Once your termination is under review, all subsequent communication will be through e-mail, so please be sure to include a current and working e-mail address with your letter. You acknowledge and agree that UNDERHOOD.SPACE will make the final determination in its sole discretion as to any terminated account, or re-application for a new account after termination and that this represents your sole and exclusive remedy for any terminated account.
LEGAL TERMS
No Representations or Warranties as to Web site :The web site and all content provided by UNDERHOOD.SPACE or its third party service providers is distributed and accessible on an AS IS and AS AVAILABLE basis. UNDERHOOD.SPACE and its third party service providers make no representations or warranties that operation of the web site (or services obtained through the web site) will be uninterrupted or error free and do not provide any warranty as to the use, sufficiency or accuracy of any content. All warranties, conditions, representations, indemnities and guarantees as to products and services provided by UNDERHOOD.SPACE, whether express or implied, arising by law, custom, prior oral or written statements by UNDERHOOD.SPACE, its third party service providers or otherwise (including, but not limited to, any implied warranty of merchantability, fitness for particular purpose, satisfactory quality, title or non-infringement) are hereby overridden, excluded and disclaimed.Limitation of Liability :Under no circumstances will UNDERHOOD.SPACE (or its directors, employees or agents) be liable to you or any third person for any for any consequential, indirect, special, punitive or incidental damages, or lost profits or lost data, whether foreseeable or unforeseeable, arising from your use of its Web sites, any applications available through its Web sites, or any Web site content or other materials on, accessed through or downloaded from its Web sites. In addition, and notwithstanding anything to the contrary contained herein, the UNDERHOOD.SPACE liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you for Web site products or services accessed by you, but in no case will such liability to you exceed $100. You acknowledge that if no fees are paid by you for the Web sites, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from UNDERHOOD.SPACE, regardless of the cause of action. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.IndemnityYou agree at your expense to indemnify and hold harmless, UNDERHOOD.SPACE and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims, suits, actions and investigations, and any costs, expenses, liabilities or damages therefrom (including attorneys fees and court costs) arising from or relating to any allegation regarding:
(1) your use of the Web site;
(2) the Web site s or UNDERHOOD.SPACE s use of any content or information you provide, as long as our use is not inconsistent with these Terms of Use;
(3) information or material posted or transmitted through your registration account or user ID, even if not posted by you;
(4) any violation of these Terms of Use by you (collectively Claims).
UNDERHOOD.SPACE reserves the right to select counsel and conduct the defense or settlement of any such Claim, which shall not relieve you of your obligation to indemnify as provided above.
Severability; WaiverIf any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of these Terms of Use shall be effective unless the waiver is in a writing signed by an authorized representative of UNDERHOOD.SPACE. No waiver shall be deemed a further or continuing waiver of such term or condition or any other term or condition.Copyright ViolationsUsers are prohibited from uploading, posting or otherwise transmitting on the Web site any materials that violate another party s intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act.
If you believe that any material on the Web site infringes upon any copyright which you own or control, please notify us at $underhood.space@gmail.com(Please direct all general questions to underhood.space@gmail.com)
CONTACT INFORMATION
If you have any questions about these Terms of Use, please contact us in one of the following ways:
E-mail us at:underhood.space@gmail.com and insert only the words Re: Terms of Use in the subject line of the e-mail.